Forsyth County has issued a proposed settlement to the City of Cumming that includes $10M for an aquatic center on Pilgrim Mill Road, and $2.5 Million for other specified city projects...
FOR COMPROMISE PURPOSES – NOT ADMISSIBLE IN ANY PROCEEDING
Forsyth County Board of Commissioners proposal to the
City of Cumming for Resolution of Splost VI
In the interest of compromise and resolving the disputes between Forsyth County and the City of Cumming for the good of the citizens of the City and County, the Forsyth County Board of Commissioners hereby offers the following proposal to the City of Cumming:
1. The City’s share of Splost VI proceeds shall be 4.29%. Disbursements of these tax proceeds will occur on a month to month basis as the funds are transmitted to the County from the State Department of Revenue;
2. Forsyth County will convey no more than $10,000,000 from the County’s Park and Greenspace bond(s) to the City of Cumming, for use by the City in construction of a full public access aquatic center on Pilgrim Mill Road, to satisfy the County’s aquatic center obligation under said bond. These funds will be conveyed to the City prior to December 31, 2008. Once conveyed to the City, the City agrees to hold the funds in an interest bearing account upon terms of disbursement to be agreed upon in the Intergovernmental Agreement contemplated below. The County’s conveyance of this $10,000,000 to the City of Cumming shall totally satisfy the County’s aquatic center obligation under the Park and Greenspace bond, and no further amounts for an aquatic center shall be forthcoming from the County;
3. Prior to December 31, 2008, Forsyth County shall tender to the City of Cumming $500,000 of Splost funds for the City’s Kelly Mill Road intersection improvement project. The City agrees that completion of the Kelly Mill Road intersection improvement shall be a Splost 6 priority project;
4. Prior to December 31, 2008, Forsyth County shall tender to the City of Cumming $2,000,000 of Splost VI funds that the City may use on any of its ‘list of 8’ identified Splost VI projects;
5. Forsyth County agrees to dismiss its Splost V litigation in Superior Court, and will disburse Splost V proceeds to the City of Cumming at 15% through the remainder of the Splost V tax.
Additional terms
1. The above proposal is contingent upon Forsyth County and the City of Cumming working out, and approving, a mutually agreeable Intergovernmental Agreement by no later than May 23, 2008;
2. Upon conditional approval of the terms set forth above, the City and County shall request from Judge Hugh Stone an additional extension of time in the Splost VI litigation to tender a final written order and briefing regarding supersedeas until May 30;
3. Upon formal approval of a mutually agreeable Intergovernmental Agreement, the City of Cumming and Forsyth County shall tender a consent order of dismissal with prejudice to Judge Hugh Stone which shall dismiss the Splost VI litigation;
4. Although the financial terms of settlement are set forth above, Forsyth County further asserts that the details of an IGA are material to settlement, and the terms of an IGA must be mutually agreed upon prior to this settlement being complete.
So proposed this 9th day of May, 2008.
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Charlie Laughinghouse, on behalf of the Forsyth County Board of Commissioners
