City of Atlanta
Georgia

Ordinance
16-O-1237
Adopted Substitute as Amended
Jun 28, 2016 11:00 AM

AN ORDINANCE
BY COUNCILMEMBER KEISHA LANCE BOTTOMS
AS SUBSTITUTED BY THE ATLANTA CITY COUNCIL (06/06/2016)
AS AMENDED BY THE ATLANTA CITY COUNCIL (06/28/2016)
TO PROVIDE FOR THE ANNEXATION OF LAND KNOWN AS COTTAGES AT CASCADE TO THE CORPORATE LIMITS OF THE CITY OF ATLANTA, GEORGIA PURSUANT TO THE 60% METHOD; TO EXTEND THE BOUNDARIES OF THE ATLANTA INDEPENDENT SCHOOL SYSTEM; TO NOTIFY THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS OF SUCH ANNEXATION; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Mayor Keisha Lance Bottoms
Category:Personal PaperFunctions:None Required

Body

 

WHEREAS, certain resident electors and the owners (the “Petitioners”) of real property in the Cottages at Cascade neighborhood, as delineated in Exhibit “A” attached hereto (the “Property”), have petitioned the City of Atlanta for annexation (“the Petition”) pursuant to the 60% method of annexation; and

 

WHEREAS, the City of Atlanta has lawfully provided notice to Fulton County, Georgia of all required information including notice of the City of Atlanta’s receipt of the Petitions for annexation of the Property; and

 

WHEREAS, the City of Atlanta has determined that the Property is contiguous to the existing corporate limits of the City of Atlanta in excess of the minimum amount required for such annexations under O.C.G.A. §36-36-1 et seq.; and

 

WHEREAS, the City of Atlanta has determined that the Petitioners are the title holders of record of 60% of the privately owned land within the Property, as evidenced by the records of the Clerk of the Superior Court of Fulton County, Georgia; and

 

WHEREAS, the City of Atlanta has determined that the Petitioners represent at least 60% of the registered voters within the Property, as evidenced by the voter file provided by the Fulton County Board of Registrations and Elections; and

 

WHEREAS, the City of Atlanta has determined that the Application meets the requirements of law pursuant to O.C.G.A. §36-36-1 et seq.; and

 

WHEREAS, the requirements in O.C.G.A. § 36-66-4(d) governing procedures for the zoning of land to be annexed into a municipality have been satisfied; and

 

WHEREAS, the zoning classification approved by the City of Atlanta for the Property which is the subject of the proposed annexation shall become effective on the later of the date that the zoning is approved by the City of Atlanta or the date that the annexation becomes effective as required by O.C.G.A. §36-36-2, whichever is later; and

 

WHEREAS, the City of Atlanta has authority pursuant to O.C.G.A. §36-36-1 et seq. to annex certain property into the corporate limits of the City of Atlanta; and

 

WHEREAS, the Mayor and Council of the City of Atlanta have determined that the annexation of the Property and expansion of the boundaries of the Atlanta Independent School System to include the Property would be in the best interest of the residents and property owners of the Property to be annexed and of the citizens of the City of Atlanta.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

 

 

Section 1. Certain property identified as the Cottages at Cascade neighborhood, as more fully delineated on Exhibit “A” and which is incorporated herein by reference, is hereby annexed into the existing corporate limits of the City of Atlanta, Georgia, and the boundaries of the Atlanta Independent School System are hereby extended so as to include the entire annexed area.

 

Section 2. The City of Atlanta Law Department is hereby authorized and directed to file a report identifying property annexed with the Department of Community Affairs of the State of Georgia and with the governing authority of Fulton County as required by O.C.G.A. §36-36-3, and to take all other actions required by law with regard to the adoption of this Ordinance and the annexation of the Property.

 

Section 3. The Ordinance shall become effective July 1, 2016 for school enrollment purposes and for all other purposes in accordance with applicable provisions of Georgia law.

 

Section 4. City staff reviews of the Petition identified as “Land Acreage Summary” and “Registered Voter Summary”, each summarizing that the Petition was signed by property owners of not less than 60% of the land acreage and not less than 60% of the registered voters, respectively, is attached and identified as Exhibit B.

 

Section 5. All ordinances or parts of ordinances in conflict with the terms of this Ordinance are hereby waived to the extent of the conflict.

 

 

 

 

 

Meeting History

May 2, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 16, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 6, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

In Committee of the Whole, Councilmember Bottoms made a Motion to bring forth Substitutes for Ordinances (16-O-1236, 16-O-1237 and 16-O-1238), including Ordinances from the Standing Committee of Community Development/Human Resources (16-O-1229, 16-O-1230 and 16-O-1231). It was Seconded by Councilmember Wan and the Motion CARRIED by a roll call vote of 15 yeas; 0 nays. The Substitutes were before Council. Following, Councilmember Bottoms made a Motion to send Ordinances (16-O-1236, 16-O-1237 and 16-O-1238) back to the Finance/Executive Committee. It was Seconded by Councilmember Wan and CARRIED by a roll call vote of 15 yeas; 0 nays.

REFERRED SUBSTITUTE TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
Jun 20, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Wan made a Motion to Table Ordinances (16-O-1236, 16-O-1237 & 16-O-1238). It was Seconded by Councilmember Shook and the Motion CARRIED by a roll call vote of 10 yeas; 0 nays.

TABLED SUBSTITUTE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

RESULT:TABLED [10 TO 0]Next: 6/28/2016 11:00 AM
AYES:Michael Julian Bond, Andre Dickens, Ivory Lee Young Jr., Cleta Winslow, Alex Wan, Howard Shook, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Mary Norwood
EXCUSED:Natalyn Mosby Archibong
AWAY:Carla Smith, Kwanza Hall, Yolanda Adrean
Jun 28, 2016 11:00 AM Video Atlanta City Council Special Call Meeting
draft Draft

Councilmember Wan made a Motion to Adopt on Substitute. It was Seconded by Councilmember Winslow. Following, Mr. Wan offered an Amendment to attach an updated map. Councilmember Adrean was then recognized and offered a Friendly Amendment to add the certification of the annexation read by the Municipal Clerk. It was Seconded by Councilmember Young and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays. Subsequently, Councilmember Wan made a Motion to Adopt on Substitute as Amended. It was properly Seconded and CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE AS AMENDED [13 TO 0]
AYES:Michael Julian Bond, Andre Dickens, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Mary Norwood
AWAY:Carla Smith