Agenda Item # 1 
       Columbus Consolidated Government       
 Council Meeting   
 05/24/2011       
 Agenda Report # 639       
 TO:	  Mayor and Council       
 SUBJECT:	 Covenants and Restrictions for Muscogee Technology Park       
 INITIATED BY: Donna W. Newman, Director of Engineering               
 Recommendation:  Approval is requested to execute the covenants and    
 restrictions upon real property owned by the Consolidated Government of    
 Columbus, Georgia located in the Muscogee Technology Park.       
 Background:	The development of Muscogee Technology Park required the    
 City obtain a Section 404 permit from the US Army Corps of Engineers. Under the    
 permit obtained in February 2002 and modified in January 2011.  Under the    
 Section 404 permit, the City is required to mitigate all impacts to the    
 wetlands and streambanks.        
 Analysis:  The City had to purchase wetland and streambank credits, Resolution    
 Numbers 91-10, 385-10 and 453-10, for those areas disturbed during the    
 development of the Technology Park.  Additional wetland and streambank credits    
 will be required as the park develops further.  The permit also required    
 preservation of several areas of wetlands, approximately 95.2 acres, and    
 streams, approximately 13,994 linear feet which are subject to the covenants    
 and restrictions in perpetuity unless a modification to the permit is    
 obtained.  The area shall be set aside for conservation use and maintained in a    
 natural state except those areas noted in the permit.        
 Financial Considerations:  Wetland and streambank credits have been purchased    
 for areas disturbed during Muscogee Technology Park road construction and    
 parcel development.  Signs will have to be posted in the preservation areas,    
 the cost to erect  the required signage will be determined once the number and    
 type of sign is agreed upon with the Corps.         
 Projected Annual Fiscal Impact Statement:  The area will have to be routinely    
 monitored for compliance with the covenants and restrictions.  There is no    
 anticipated annual fiscal impact associated with the covenants and restrictions.       
 Legal Considerations:  The Mayor and Council has been authorized by Georgia Law    
 to place covenants and restrictions upon real property owned by the    
 Consolidated Government of Columbus.   A similar resolution will be considered    
 by the Development Authority at the next regularly scheduled meeting of the    
 Authority in June.       
 Recommendations/ Actions: Approval is requested to authorize the Mayor or City    
 Manager to execute the covenants and restrictions upon real property owned by    
 the  Consolidated Government of Columbus, Georgia located in the Muscogee    
 Technology Park.                                           
  A RESOLUTION   
  NO.  _____   
 A RESOLUTION AUTHORIZING THE MAYOR OR CITY MANAGER TO  EXECUTE THE DECLARATION    
 OF COVENANTS AND RESTRICTIONS UPON REAL PROPERTY OWNED BY THE COLUMBUS    
 CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA LOCATED IN THE MUSCOGEE TECHNOLOGY    
 PARK,   
 WHEREAS, a permit issued by the US Army Corps of Engineers (USACE) Action    
 Number SAS-2001-12410, dated February, 2002, and modified by that certain    
 letter dated January 26, 2011 (the "Permit") required that covenants and    
 restrictions were necessary and should be placed upon certain lands contained    
 within the Muscogee Technology Park,   
 WHEREAS, the Mayor and Councilors of the Consolidated Government of Columbus,    
 Georgia find that the placement of covenants and restrictions as set forth in    
 the attached Declaration of Covenants and Restrictions are necessary and    
 required by the Permit,   
 NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:    
 That the City Manager is hereby authorized to approve the placement of    
 covenants and restrictions and set forth in the Declaration of Covenants and    
 Restrictions.  The Mayor and Councilors of the Consolidated Government of    
 Columbus, Georgia further authorized the Mayor or City Manager to execute the    
 Declaration of  Covenants and Restrictions conformance with this resolution.    
 ___________   
    Introduced at a regular meeting of the Council of Columbus, Georgia, held    
 the _________day of _____________, 2011 and adopted at said meeting by the    
 affirmative vote of    
 _____________members of said Council.       
 Councilor Allen voting                               __________.               
 Councilor Henderson voting                      __________.   
 Councilor Huff voting                                __________.   
 Councilor McDaniel voting                        __________.   
 Councilor Turner Pugh voting                    __________.       
 Councilor Woodson voting                        __________.           
 ________________________                           _________________________   
 Tiny Washington, Clerk of Council                             , Mayor             
        
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