City of Atlanta
Georgia

Ordinance
16-O-1596
Adopted as Amended
Nov 21, 2016 1:00 PM

AN ORDINANCE BY COUNCILMEMBER ALEX WAN AS AMENDED BY FINANCE/EXECUTIVE COMMITTEE AS AMENDED BY ATLANTA CITY COUNCIL TO PROVIDE FOR THE ANNEXATION OF PROPERTIES HAVING FRONTAGE ON UNIVERSITY DRIVE AND SPRING VALLEY LANE 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:Councilmember, District 6 Alex Wan
Category:Personal PaperFunctions:None Required

Body

WHEREAS, certain resident electors and the owners (the “Petitioners”) of real property having frontage on University Drive and Spring Valley Lane, as delineated in Exhibit “A” attached hereto (the “Property”), have petitioned the City of Atlanta for annexation (“the Petitions”) from unincorporated DeKalb County pursuant to the 60% method of annexation; and

 

WHEREAS, as shown on Exhibit “B” attached hereto, the City of Atlanta has lawfully provided notice to DeKalb 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, as shown on Exhibit “C” attached hereto, 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 DeKalb County, Georgia; and

 

WHEREAS, as shown on Exhibit “C” attached hereto, 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 DeKalb 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; and

 

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

 

Section 1.              Certain property having frontage on University Drive and Spring Valley Lane, as more fully delineated and listed 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. Excepted from the annexation area are portions of parcels that are currently within City limits, specifically 1175, 1179 and 1180 University Drive, as depicted on Exhibit “A”.

 

Section2.              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 DeKalb 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.

 

Section3.              This Ordinance shall become effective for school enrollment purposes on July 1, 2017. For all other purposes, the Ordinance shall become effective in accordance with applicable provisions of Georgia law.

 

Section4.              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

Oct 17, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Oct 26, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Howard Shook, Vice Chair, District 7
SECONDER:Clarence "C. T." Martin, District 10
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore
ABSENT:Andre Dickens
Nov 7, 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
Nov 16, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE/AMND/COND [4 TO 1]
MOVER:Howard Shook, Vice Chair, District 7
SECONDER:Alex Wan, Chair, District 6
AYES:Alex Wan, Howard Shook, Natalyn Mosby Archibong, Andre Dickens
NAYS:Clarence "C. T." Martin
ABSTAIN:Felicia A Moore
ABSENT:Yolanda Adrean
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Wan made a Motion to Amend to include the new Service Strategy Numbers with the legislation. It was Seconded by Councilmember Adrean and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays. Subsequently, Mr. Wan made a Motion to Adopt as Amended. It was Seconded by Councilmember Dickens and CARRIED by a roll call vote of 14 yeas; 0 nays.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [UNANIMOUS]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Andre Dickens, Councilmember, Post 3 At-Large
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, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Cleta Winslow