WHEREAS, the City of Atlanta ("Atlanta") was a party to the Fulton County Service Delivery Strategy ("SDS"), dated October 16, 2005, between Atlanta, Fulton County and other municipalities within Fulton County (collectively, the parties to the SDA are referred to as "Pmiies"), pursuant to the Georgia Service Delivery Act, O.C.G.A. ยง36~ 70~20, et seq. ("Act");
And
WHEREAS, Atlanta along with the other Parties to the SDS were required to review and update
the SDS at the direction of the Georgia Department of Community Affairs, due to the creation of
new municipalities within Fulton County; and
WHEREAS, certain cities requested changes to and disputed specific services within the SDS;
And
WHEREAS, pursuant to the Act, a court action was filed in the matter of Fulton County, Georgia v. City of Alpharetta, et al., Civil Action File No. 2009~CV ~ 177235 ("Lawsuit"), which
resulted in a court ordered mediation in an effort to resolve the outstanding disputes over specific
service strategies; and
WHEREAS, the court ordered mediation was successful in facilitating resolution to some but
not all disputed service strategies and, pursuant to the Act, the court appointed mediator, the Honorable Norman S. Fletcher (ret' d) submitted a final Report to Court at Conclusion of Mediation, dated April2, 2012 ("Mediation Report"); and
WHEREAS, the Court appointed a Special Master, the Honorable Stanley Birch (ret' d), to hear
a11d recommend action on all remaining disputes in the Lawsuit, based upon the Mediation Report, and recommend a final updated SDS to resolve the Lawsuit; and
WHEREAS, the parties in the Lawsuit, in conjunction with the Special Master, have resolved all
disputes and agreed upon a final Service Delivery Strategy for adoption by all parties to the SDS,
as required by the Act, specifically including the following:
a. The City of Atlanta and the Cities of Palmetto, Fairburn and Union City (collectively, "South Fulton Cities") disputed the water service strategy, which was resolved among Doc#776990/rms ( 11/2/15) the disputing parties and such resolution is incorporated into the Water Service
Strategy, as part of the final SDS; and
b. The City of Sandy Springs disputed the water service strategy as it related to Atlanta's water rate differential, which was originally included in a cross claim that was dismissed without prejudice, thereby removing the dispute from the Lawsuit; and
c. The City of Sandy Springs further disputed Atlanta's right to provide water services within the City of Sandy Springs, which has been resolved between the Atlanta and Sandy Springs and such resolution is incorporated into the Water Service Strategy, as part of the final SDS; and
d. certain cities within Fulton County disputed Fulton County's funding methodologies for street construction and maintenance within the unincorporated area of Fulton County, which was resolved in favor of the terms contained in the Consent Order, attached and incorporated herein as Exhibit "A," as such Consent Order is also made part of the final SDS; and
e. All other disputes among the parties of the SDS are otherwise resolved or disposed of such that no further disputes remain outstanding in the Lawsuit.
WHEREAS, the parties to the Lawsuit have updated the SDS and reached an agreement on all individual service strategies within the SDS, all in accordance with the Act; and
WHEREAS, the Mayor, on behalf of all City of Atlanta departments providing services under the SDS, recommends approval and adoption of the SDS in substantial form as the final SDS attached as Exhibit "B."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA
HEREBY RESOLVES the final draft of the SDS is hereby approved and adopted on behalf of
the City of Atlanta in substantial form as Exhibit "B"; and
BE IT FURTHER RESOLVED that the City Attorney shall be authorized to execute the Consent Order, attached as Exhibit "A", which shall be incorporated in substantial form as Exhibit ''B" into the SDS; and
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the SDS in substantial form as Exhibit "B," inclusive of all appropriate service area maps, intergovernmental
agreements and a final resolution of disputes described herein; and
BE IT FURTHER RESOLVED that the City Attorney and Department heads are hereby authorized to assist with the preparation of all final documents, exhibits and agreements, as may
be necessary to finalize the SDS for execution by the Mayor; and
BE IT FINALLY RESOLVED that all resolutions in conf1ict with this Resolution are hereby
waived to the extent of the conf1ict.