City of Atlanta
Georgia

Ordinance
16-O-1431

AN ORDINANCE BY COUNCILMEMBER KWANZA HALL TO AMEND CHARTER OF THE CITY OF ATLANTA,
GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE
OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965,
O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, BY AMENDING PART I
(CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1
(NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO
AMEND THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH
CERTAIN PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE
IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE
INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE
ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM
RENEWABLE RESOURCES; TO ALLOW PROPERTIES LOCATED IN DEKALB
COUNTY TO VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE
OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION
OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION
OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; AND FOR OTHER
PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 22 MUNICIPAL HOME RULE
  3. 16o1431

Body

WHEREAS, the City of Atlanta ("City") amended Part I, Subpart A, Article 1, Section 1-102

of the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., to add a new

subsection 1-1 02( c)( 61) to include the power to "establish one or more special districts within

which commercial property owners may voluntarily consent to the installation of energy and

water conservation improvements and to the imposition of a fee, tax or assessment which may

be assigned through contract with the city's development authority or downtown development

authority in order to provide financing for the installation or modification of improvements

that reduce energy or water consumption or provide improvements that produce energy from

renewable resources; to provide for the imposition of liens and penalties for failure to pay the

fee, tax or assessment, provided that such liens shall be enforced in the same manner and with

the same remedies as a lien for city property taxes and shall be co-equal and on a parity basis

with other municipal taxes. Any fee, tax or assessment shall be collected by Fulton County in

the same manner, and on the same dates as other taxes, fees and assessments levied by the

City of Atlanta.," pursuant to Ordinance No. 12-0-1615 ("PACE Ordinance"); and

 

WHEREAS, the City created the Atlanta Property Assessed Clean Energy District- No. 1

(Central Business District) ("CBD PACE District") as a special district in order to encourage

commercial property owners to invest in energy efficiency and/or renewable energy projects,

pursuant to Resolution No. 12-R-1617 ("PACE Resolution"); and

 

WHEREAS, the goal of the Clean Energy Atlanta Program ("PACE Program") is to provide

resources to property owners to voluntarily install qualifying improvements to be financed

through a program facilitated by the City and assessments paid by the property owner; and

 

WHEREAS, the City has adopted a Climate Action Plan, pursuant to Resolution No. 15-R-

4042, which provides a comprehensive plan for climate change mitigation through reducing

the City's carbon footprint and greenhouse gas emissions 20% by 2020 and 40% by 2030,

along with pledging to reduce energy and water use in commercial and residential buildings

20% by 2020 and 40% by 2030, using a 2009 baseline; and

 

WHEREAS, to further advance the Climate Action Plan, the Mayor's Office of Sustainability

recommends expanding the PACE Program to allow both commercial and residential property

owners to voluntarily install water and energy conservation improvements to be financed

through a program facilitated by the City, but without public funds; and

 

WHEREAS, the Mayor's Office of Sustainability also recommends allowing both

commercial and residential property owners in Dekalb County to voluntarily install water and

energy conservation improvements to be financed through a program facilitated by the City,

but without public funds.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY

ORDAINS:

 

SECTION 1: That Part I, Subpart A, Article 1, Section 1-102 subsection 1-102 (c) (61) of

the Charter of the City of Atlanta, Georgia 1996 Ga. Laws P. 4469, et seq., which reads:

Section 1-102. Powers

(c) The city shall have all powers now vested in the city and now or hereafter granted

to municipal corporations by the laws of Georgia and shall have the power to do the

following:

 

* * *

(61) To establish one or more special districts within which commercial property

owners may voluntarily consent to the installation of energy and water conservation

improvements and to the imposition of a fee, tax or assessment which may be assigned

through contract with the city's development authority or downtown development

authority in order to provide financing for the installation or modification of

improvements that reduce energy or water consumption or provide improvements that

produce energy from renewable resources; to provide for the imposition of liens and

penalties for failure to pay the fee, tax or assessment, provided that such liens shall be

enforced in the same manner and with the same remedies as a lien for city property

taxes and shall be co-equal and on a parity basis with other municipal taxes. Any fee,

tax or assessment shall be collected by Fulton County in the same manner, and on the

same dates as other taxes, fees and assessments levied by the City of Atlanta.

is hereby revised as follows:

 

Section 1a102. Powers

 

(c) The city shall have all powers now vested in the city and now or hereafter granted

to municipal corporations by the laws of Georgia and shall have the power to do the

following:

 

* * *

 

(61) To establish one or more special districts within which commercial and

residential property owners may voluntarily consent to the installation of energy and

water conservation improvements and to the imposition of a fee, tax or assessment

which may be assigned through contract with the city's development authority or

downtown development authority in order to provide financing for the installation or

modification of improvements that reduce energy or water consumption or provide

improvements that produce energy from renewable resources; to provide for the

imposition of liens and penalties for failure to pay the fee, tax or assessment, provided

that such liens shall be enforced in the same manner and with the same remedies as a

lien for city property taxes and shall be co-equal and on a parity basis with other

municipal taxes. Any fee, tax or assessment shall be collected by Fulton County or

Dekalb County in the same manner, and on the same dates as other taxes, fees and

assessments levied by the City of Atlanta.

 

SECTION 2:

That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996

Ga. Laws P. 4469, et seq., as amended, shall be filed in the Office of the Municipal Clerk of

the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb

Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta,

Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be

published in the official organ of the county of the legal situs of the City of Atlanta or in a

newspaper of general circulation in the City of Atlanta once a week for three weeks within a

period of 60 days immediately preceding its final adoption, and that a copy of said

advertisement be attached to this ordinance prior to its final adoption by the Atlanta City

Council.

 

SECTION 3:

That all ordinances and parts of ordinances in conflict herewith are waived to the extent of the

conflict.

 

Meeting History

Aug 15, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Sep 14, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Clarence "C. T." Martin, District 10
SECONDER:Yolanda Adrean, District 8
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Felicia A Moore
ABSENT:Natalyn Mosby Archibong, Andre Dickens
Sep 19, 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
Sep 28, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
Oct 3, 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
Oct 12, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [6 TO 0]
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
AWAY:Natalyn Mosby Archibong
Oct 17, 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
Oct 26, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [4 TO 1]
MOVER:Alex Wan, Chair, District 6
SECONDER:Howard Shook, Vice Chair, District 7
AYES:Alex Wan, Howard Shook, Natalyn Mosby Archibong, Clarence "C. T." Martin
NAYS:Felicia A Moore
ABSTAIN:Yolanda Adrean
ABSENT:Andre Dickens
Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED FOR SECOND READING, FIRST ADOPTION AND REFERRED TO FINANCE/EXECUTIVE COMMITTEE FOR THIRD READING, SECOND ADOPTION BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

RESULT:SECOND READING [12 TO 1]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Michael Julian Bond, Councilmember, Post 1 At-Large
AYES:Michael Julian Bond, Mary Norwood, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Felicia A Moore
ABSENT:Natalyn Mosby Archibong
AWAY:Andre Dickens
Nov 16, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [5 TO 1]
MOVER:Howard Shook, Vice Chair, District 7
SECONDER:Clarence "C. T." Martin, District 10
AYES:Alex Wan, Howard Shook, Natalyn Mosby Archibong, Clarence "C. T." Martin, Andre Dickens
NAYS:Felicia A Moore
ABSENT:Yolanda Adrean
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 1 NAY

RESULT:ADOPTED [13 TO 1]
MOVER:Alex Wan, Councilmember, District 6
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Felicia A Moore
ABSENT:Cleta Winslow