}

Agenda Item #1

Columbus Consolidated Government

Council Meeting

7/29/2008

To
Mayor and Council
Subject
Memorandum of Understanding for Lindsey Creek Flood Study
Initiator
Department of Engineering
Recommendation
Approval is requested of a Memorandum of Understanding with Midtown, Inc., for \n \n a flood study of the Lindsey Creek Basin from the west right-of-way of I-185/SR \n \n 411 south to Decatur Street near Lower Bull Creek.
Approval
Approved
Background
Midtown, Inc., is working to facilitate redevelopment in the Lindsey Creek

Basin, which is currently being hampered due to large tracts of land being

shown within the mapped 100 year floodplain boundaries. The City and Muscogee

Country School District own property, including the land adjacent to the public

library, along Lindsey Creek. There are residential areas along this channel

that fall into low or moderate income standards. It is imperative the FIRM

maps be accurate in order to facilitate redevelopment of the area and to

protect the citizens.
Analysis
Midtown, Inc., has obtained a proposal from Gresham Smith and Partners in

connection with Moon, Meeks, Mason and Vinson, Inc., to provide a flood study

for FEMA submission for a Letter of Map Revision(LOMR) for this section of

Lindsey Creek.
Financial Considerations
Estimated cost of study is $53,480 plus incidentals. Midtown, Inc., has

committed $15,000. The remainder to be funded by the City not to exceed the

contract amount plus 10% for additional incidental items . Funds are

available in a Sewer Fund Capital Improvement Project Account.
Projected Annual Fiscal Impact Statement
Legal Considerations
A memorandum of Understanding between the City and Midtown, Inc., has been

prepared and reviewed by the City Attorney.
Recommendations/ Actions
Approve the Memorandum of Understanding with Midtown, Inc. to have a flood

study for the Lindsey Creek Basin from the west R/W of I-185/SR 411 south to

Decatur Street near Lower Bull Creek.







A RESOLUTION



NO. _____

A RESOLUTION AUTHORIZING TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH

MIDTOWN, INC., FOR A FLOOD STUDY OF LINDSEY CREEK FROM THE WEST RIGHT-OF-WAY OF

I-185 /SR 411 SOUTH TO DECATUR STREET NEAR LOWER BULL CREEK.

WHEREAS, Midtown, Inc., is working to facilitate redevelopment in the Lindsey

Creek Basin, which is currently hampered due to large tracts of land being

shown within the mapped 100 year floodplain boundaries and agrees to contribute

$15,000 for the study; and,

WHEREAS, the City and Muscogee County School District own property along

Lindsey Creek including the land adjacent to the Public Library; and,

WHEREAS, it is advantageous for both the City and Midtown, Inc., to verify the

limits of the actual floodplain and determine the accuracy of the current flood

information utilizing the professional engineer engaged by Midtown, Inc.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

That the City Manager is hereby authorized to enter into a Memorandum

of Understanding with Midtown, Inc., for a flood study of the Lindsey Creek

from the west right-of- way of I-185/SR 411 south to Decatur Street near Lower

Bull Creek. The amount is not to exceed $53,480 plus 10% of contract amount at

agreed upon proportional rate. Midtown, Inc., has agreed to pay $15,000. Funds

are available in a Sewer Fund Capital Improvement Project Account.

___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held

the _________day of _____________, and adopted at said meeting by the

affirmative vote of _____________members of said Council.



Councilor Allen voting _________.

Councilor Anthony voting _________.

Councilor Baker voting _________.

Councilor Barnes voting _________.

Councilor Davis voting _________.

Councilor Henderson voting _________.

Councilor Hunter voting _________.

Councilor McDaniel voting _________.

Councilor Turner Pugh voting _________.

Councilor Woodson voting _________.









___________________________________ _____________________________

Tiny B. Washington, Clerk of Council Jim Wetherington, Mayor









MEMORANDUM OF UNDERSTANDING



THIS MEMORANDUM OF UNDERSTANDING (this ?MOU?) made and entered into

this ___________ day of _____________, 2008, amongst the CONSOLIDATED

GOVERNMENT OF COLUMBUS, GEORGIA (CCG); and MIDTOWN, INC.



BACKGROUND



The CCG and Muscogee County School District (MSCD) own property along Lindsey

Creek, which includes the site for the recently constructed Public Library and

other areas for potential construction of the City Service Center, Center City

Pool and MCSD Administration Building. Some of the residential areas

downstream are populated by citizens that fall into the low or moderate income

standard who may be currently paying flood insurance premiums due to mapping

errors showing them within a floodplain.



MIDTOWN, INC., a community renewal organization works to sustain and enhance

the neighborhoods and businesses within Midtown Columbus. In conjunction with

local and state officials, Midtown Inc. works to identify and facilitate

redevelopment opportunities in Midtown by working with stakeholders and

potential investors. A large area for redevelopment lies within the Lindsey

Creek Basin and is greatly impacted by the currently mapped floodplain limits.



NOW THEREFORE, the parties hereto wish to set forth the general terms of the

understanding with respect to the flood study and application for a map

revision, as to the responsibilities of each party in the completion of this

project.



AGREEMENT



MidTown, Inc., will engage Gresham Smith and Partners to provide engineering

services and created a flood study which will be submitted to FEMA for the

purposed of obtaining a Letter of Map Revision for that section of Lindsey

Creek from the west right-of-way of I-185/SR 411 south to Decatur Street near

Lower Bull Creek as outlined in proposal dated July 10, 2008. The flood study

shall also include:



A hard copy of the flood study for submittal to the City for approval.

A hard copy of the flood study for MidTown, Inc.

A hard copy of the flood study for submittal to FEMA with electronic data.



CCG shall submit the flood study information to FEMA along with a request for a

Letter of Map Revision.



The flood study shall be in accordance with all FEMA requirements and

regulations.



CONTRACT



MidTown, Inc., will be responsible for engaging Gresham Smith and Partners to

provide said flood study in accordance with FEMA standards. The cost of the

project shall not exceed $53,480 (herein after ?contract amount?), plus 10%

contingency. MidTown, Inc., will contribute $15,000 toward the contract amount

.The CCG will be responsible for $38,400 of the contract amount. Unexpected

cost overruns or additional ancillary services (i.e., any ?contract contingency

amount?) shall not exceed 10% of the contract amount. Any such additional cost

will be incurred only by the mutual consent of the parties hereto and shall be

divided between the parties in the same proportion (MidTown, Inc., 28% and CCG

72%) as party?s contribution toward the contract amount. CCG agrees to

reimburse MidTown, Inc., on a monthly basis when invoiced by MidTown, Inc. The

work shall begin no later than August 31, 2008 and shall be completed no later

than October 2008.



BINDING AFFECTS:



The MOU sets forth the understanding and commitment of the parties and may be

modified and amended by a more definitive agreement, but the obligations of the

parties set forth herein are intended to be binding upon the parties, subject,

however to the prior approval of the MOU by the Columbus City Council and by

MidTown, Inc.



GOVERNING LAW:



This MOU will be governed by and construed in accordance with the laws of the

State of Georgia.



NOTICES:



All notices and other communications permitted or given in connection with this

MOU shall be in writing and shall be deemed to have been properly given if

delivered in person, or by courier, or sent by United States mail, Registered

or Certified, Return Receipt Requested, to the addresses set forth below or to

such other addresses as may be from time to time specified by written notice

delivered in accordance herewith:



If to the CCG: Engineering Department

Consolidated Government of Columbus, Georgia

P.O. Box 1340

Columbus, Georgia 31902-1340

Attention: Donna Newman, Director of Engineering



If Midtown, Inc. MidTown, Inc.

1236 Wildwood Avenue

Columbus, Georgia 31906

Attention: Teresa Tomlinson, Executive Director





IN WITNESS WHEREAS, the parties have caused this Memorandum to be executed as

of the day and year above written.



COLSOLIDATED GOVERNMENT OF

COLUMBUS, GEORGIA



By: ______________________________

Isaiah Hugley, City Manager





MIDTOWN, INC.



By: ______________________________

Teresa Tomlinson, Executive Director























Back to List