SUBJECT
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Adopt resolution authorizing binding engineering testimony for the County Road 542A (Galloway Road) at 10th Street Project (#5400190)
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DESCRIPTION
The Board has authorized improvements for the County Road 542A (Galloway Road) Project as part of the Capital Improvement Program (CIP) and has approved the proposed alignment for said project.
The Board previously adopted Resolution No. 2024-137, finding that it is necessary that fee simple title in Parcel 102 be acquired for a county use or purpose, to wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 102 by eminent domain for said purpose.
The Board previously adopted Resolution No.2024-138, finding that it is necessary that fee simple title in Parcel 103 be acquired for a county use or purpose, to wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 103 by eminent domain for said purpose.
The Board previously adopted Resolution No. 2024-139, finding that it is necessary that fee simple title in Parcel 104 be acquired for a county use or purpose, to-wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 104 by eminent domain for said purpose.
The Board previously adopted Resolution No. 2024-140, finding that it is necessary that fee simple title in Parcel 105 be acquired for a county use or purpose, to-wit: right of way needed to allow the construction of transportation facility improvements to the County Road 542A at 10th Street Project and authorized the acquisition of Parcel 105 by eminent domain for said purpose.
In the course of eminent domain litigation it will be necessary for Polk County to present the testimony of an engineering witness in Circuit Court proceedings who has the ability to bind and commit Polk County on all issues involving design and construction of the County Road 542A at 10th Street Project.
RECOMMENDATION
Adopt the proposed resolution authorizing binding engineering testimony for the County Road 542A (Galloway Road) at 10th Street Project and authorizing Leland E. Moree, III, to testify in Circuit Court or in deposition and by such testimony to bind and commit Polk County on all issues regarding design and construction of the Project.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
Randy M. Mink, Esquire
County Attorney
863-534-7679
Heather Bryan, Esquire
Assistant County Attorney
863-534-6746