Mayor & Commission Meetings

Unified Government of Athens-Clarke County Mayor and Commission Special Called Session Tuesday, April 8, 2025 12:31 p.m. 120 W. Dougherty Street The Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia met this date in a special called session. Present: Mayor Girtz, Commissioners Davenport, Link, Taylor, Wright, Fisher, Myers, Thornton, and Hamby. Commissioners Johnson and Culpeper were absent. The purpose of the meeting was to consider TSPLOST 2018 Project 13, W. Broad Area Pedestrian Improvements - W. Broad St. and W. Hancock Ave. Roundabout Sub-Project #1, Right-of- Way (ROW) Acquisition and Eminent Domain; and any other item in proper order. Public Input There was none. Old business - Discussion A motion was made by Commissioner Link, seconded by Commissioner Fisher, to adopt the following resolution. The motion passed by unanimous vote. RESOLUTION BE IT RESOLVED BY THE MAYOR AND COMMISSION OF ATHENS-CLARKE COUNTY: WHEREAS, on December 7, 2021, at a regularly scheduled meeting, Mayor and Commission of the Unified Government of Athens-Clarke County (“Mayor and Commission”) voted and approved through a Commission Defined Option the project concept for TSPLOST 2018, Project 13 – West Broad Area Pedestrian Improvements Sub-Project #1 to be known as the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements as a five-legged, multilane roundabout, and authorized staff to move into the Preliminary Design Phase and execute any and all other project-related documents including future agreements with GDOT, landscaping, lighting, maintenance and permitting, all pursuant to an agenda report with attachment presented to the Mayor and Commission at such meeting, such agenda report and the minutes of such meeting being incorporated herein by reference; and WHEREAS, on April 4, 2023, at a regularly scheduled meeting, the Mayor and Commission voted and approved the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements Preliminary Plans and Right-of-Way (ROW) Plans, and authorized staff to advance the project into Final Design, ROW Acquisition, and Construction Advertisement Phases, all pursuant to an agenda report with attachments presented to the Mayor and Commission at such meeting, such agenda report and the minutes of such meeting being incorporated herein by reference; and WHEREAS, the improvements to be constructed in accordance with SR 10 @ CR 993/W. Hancock Ave Intersection Improvements as described hereinabove are for transportation purposes and are intended to be used for enjoyment by the public and for the passage of vehicles, excluding motorized vehicles with certain exceptions; and WHEREAS, the Mayor and Commission of Athens-Clarke County, Georgia have specifically determined and found that it is in the public interest and for a public purpose to construct SR 10 @ CR 993/W. Hancock Ave Intersection Improvements as described hereinabove; and WHEREAS, the Unified Government shall engage in negotiations with all of the property owners whose property or interests therein is needed for construction of the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements and desires to acquire such rights-of-way and easements through voluntary conveyance from such owners where reasonably possible; and WHEREAS, construction of the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements cannot proceed without the necessary rights-of-way and easements from all property owners, and WHEREAS, the Mayor and Commission further find that the acquisition of the necessary rights- of-way and easements is an integral component of the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements and such acquisition is necessary and appropriate to meet the needs of the citizens of  Athens-Clarke County and that the use of eminent domain to acquire the necessary rights-of-way and easements is required for the completion of the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements; and WHEREAS, Article 9, Section 2, Paragraph 5 of the Georgia Constitution authorizes local governments to exercise the power of eminent domain for any public purpose; and WHEREAS, pursuant to Section 23-2-140 of the Official Code of Georgia, the Unified Government is authorized to acquire land, in fee simple, or in any lesser interest, under the procedures set forth in Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia; and WHEREAS, the Mayor and Commission have determined that in order to accomplish the public purpose of the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements, it is necessary to exercise the right of eminent domain to acquire such rights-of-way and easements; and WHEREAS, all questions of necessity, public purpose and public convenience with respect to the acquisition and construction of the SR 10 @CR 993/W. Hancock Ave Intersection Improvements and the necessity of acquiring through eminent domain the rights-of-ways, permanent and temporary construction easements hereinabove described are hereby determined and established by the Mayor and Commission of Athens-Clarke County; WHEREAS, the necessary rights-of-ways, permanent and temporary construction easements are more specifically shown on plat entitled “Right-Of-Way of Proposed SR 10 @CR 993/W. Hancock Ave Intersection Improvements Athens-Clarke County” consisting of 13 sheets (specifically sheet number 60-0001 to 60-0013), dated March 13, 2024, made by Alfred Benesch, and approved by Kevin D. York, State Right-of-way-Administrator for the Georgia Department of Transportation, as may be amended from time to time for corrections and technical adjustments, attached hereto as Exhibit A; and being collectively referred to hereafter as the “Right-of-Way Plans”; and NOW, THEREFORE, BE IT HEREBY RESOLVED that condemnation of the above- described rights-of-ways and easements for the public purpose stated hereinabove as shown on the Right-of-Way Plans is hereby approved and authorized and that the acquisition procedure shall proceed under Title 32 of the Official Code of Georgia, as the SR 10 @ CR 993/W. Hancock Ave Intersection Improvements’ schedule of completion requires acquisition of such rights-of- ways and easements quickly and without delay. Time is of the essence. IT IS FURTHER RESOLVED that the Right-of-Way Plans be kept on file at the Unified Government of Athens-Clarke County, SPLOST Program Management Office, and that any interested party may obtain a copy of same by writing to the Unified Government of Athens-Clarke County, SPLOST Program Management Office at 301 College Avenue, Athens, Georgia, 30601, and paying a nominal cost therefor. IT IS FURTHER RESOLVED that the Unified Government of Athens-Clarke County and its employees and agents may negotiate for and acquire the property needed for this project by gift, sale, or condemnation, and that the County Attorney and other proper agents or attorneys of the County, including but not limited to Special Counsel Gregory C. Sowell, Attorney at Law, is hereby directed to prepare the necessary deeds, easements, closing documents, petitions, and/or declarations of taking, and/or orders and any other documents required to effectuate the foregoing. IT IS FURTHER RESOLVED that the Mayor of the Unified Government of Athens-Clarke County, the Manager, the County Attorney, Special Counsel, and other agents as aforesaid, are authorized to sign any of the documents referenced in the preceding paragraph on behalf of the governing authority of the Unified Government of Athens-Clarke County, Georgia to complete the acquisition of the property required for the SR 10 @CR 993/W. Hancock Ave Intersection Improvements. IT IS FURTHER RESOLVED that the Mayor of the Unified Government of Athens- Clarke County, as attested by the Clerk of Commission, is authorized, to execute all appropriate documents to convey the acquired rights of way and associated easements – subject to prior review and approval by the County Attorney – to the Georgia Department of Transportation as this Project associated with SR 10 is under GDOT’s direct design, construction and maintenance as part of the state highway system. A motion was made by Commissioner Taylor, seconded by Commissioner Thornton, to adjourn the meeting. The motion passed by unanimous vote. The meeting adjourned at 12:34 p.m. ____________________________________ Deputy Clerk of Commission