City of Atlanta
Georgia

Ordinance
16-O-1616
Adopted on Substitute
Nov 21, 2016 1:00 PM

AN ORDINANCE BY COUNCILMEMBER ALEX WAN AS SUBSTITUTED BY FINANCE/EXECUTIVE COMMITTEE AUTHORIZING (1) THE ISSUANCE AND SALE BY THE CITY OF ATLANTA OF ITS TAX ALLOCATION BONDS (BELTLINE PROJECT), REFUNDING SERIES 2016A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $31,000,000, ITS TAX ALLOCATION BONDS (BELTLINE PROJECT), REFUNDING SERIES 2016B, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $53,000,000, ITS TAX ALLOCATION BONDS (BELTLINE PROJECT), TAXABLE REFUNDING SERIES 2016C, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,000,000, ITS TAX ALLOCATION BONDS (BELTLINE PROJECT), SERIES 2016D, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $47,000,000, AND ITS TAX ALLOCATION BONDS (BELTLINE PROJECT), TAXABLE SERIES 2016E, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $40,000,000, IN ORDER TO (A) REFINANCE ALL OF THE CITY’S CURRENTLY OUTSTANDING BELTLINE TAX ALLOCATION BONDS ISSUED UNDER THE ORIGINAL MASTER INDENTURE; (B) TERMINATE THE ORIGINAL MASTER INDENTURE AND CEASE THE ISSUANCE OF ANY BONDS OR OTHER OBLIGATIONS THEREUNDER, (C) FUND THE PAYMENT OF CERTAIN REDEVELOPMENT COSTS; (D) FUND CERTAIN ACCOUNTS WITH RESPECT TO THE SERIES 2016 BONDS, INCLUDING A SERIES 2016 DEBT SERVICE RESERVE ACCOUNT AND A SERIES 2016 COSTS OF ISSUANCE ACCOUNT; AND (E) PAY CERTAIN COSTS OF ISSUANCE RELATED TO THE SERIES 2016 BONDS; (2) THE EXECUTION, DELIVERY AND PERFORMANCE OF A MASTER INDENTURE OF TRUST AND A FIRST SUPPLEMENTAL INDENTURE OF TRUST PROVIDING FOR THE ISSUANCE OF THE SERIES 2016 BONDS; (3) THE PREPARATION, USE AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE AND SALE OF THE SERIES 2016 BONDS; (4) THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; (5) THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; AND (6) CERTAIN RELATED ACTIONS ALL IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2016 BONDS; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 6 Alex Wan
Category:Personal PaperFunctions:None Required

Body

WHEREAS, the City of Atlanta (the “City”) is a municipal corporation of the State of Georgia and a “political subdivision” as defined in Chapter 44 of Title 36 of the Official Code of Georgia Annotated, as amended ( the “Act”); and

WHEREAS, the City is authorized pursuant to the 1983 Constitution of the State of Georgia and the various statutes of the State of Georgia, including specifically the Act, to issue its tax allocation bonds, notes and other obligations in order to finance certain Redevelopment Costs, as defined in the Act; and

WHEREAS, in order to encourage the development of a substantially underutilized and economically and socially depressed area in the City, the City Council of the City (the “City Council”) by Ordinance No. 05-O-1733, adopted on November 7, 2005, and signed by the Mayor on November 9, 2005 (the “Initiating Ordinance”), among other matters, (i) adopted the BeltLine Redevelopment Plan (the “BeltLine Redevelopment Plan”) pursuant to the authority granted the City under the Constitution and the laws of the State of Georgia, including particularly the Act, (ii) created Tax Allocation District Number Six - BeltLine (the “BeltLine TAD”), and (iii) authorized the pledge of positive ad valorem tax allocation increments derived from the BeltLine TAD for the payment of or as security for the payment of tax allocation bonds; and

WHEREAS, the City appointed the Atlanta Development Authority as the City’s redevelopment agent (herein “ADA” or the “Redevelopment Agent”) pursuant to the Act for the purpose of implementing the redevelopment initiatives set forth in the BeltLine Redevelopment Plan, and for other purposes and acting in furtherance of such purposes, ADA formed Atlanta BeltLine, Inc., a Georgia non-profit corporation (“ABI”), to coordinate certain of the administrative, development and redevelopment activities within the BeltLine TAD; and

WHEREAS, pursuant to the Act, the City is authorized to finance certain “Redevelopment Costs,” as defined in the Act to mean expenditures made to achieve the redevelopment of a redevelopment area, including without limitation, the (i) acquisition and development of parks and greenspace within the BeltLine TAD, (ii) preservation, protection, renovation and creation of open spaces or green spaces within the BeltLine TAD, (iii) development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit, (iv) clearing, grading and otherwise preparing the property for redevelopment, (v) real property assembly costs, (vi) environmental remediation of the property, (vii) design, construction and installation of utilities such as water, sewer, storm drainage, electric, gas and telecommunications, (viii) design, construction and installation of streets, sidewalks, bikeways, curbs, gutters and other public works, (ix) organizational costs, including environmental impact and other studies, and (x)  acquisition, construction and installation of any other facilities and improvements located in or otherwise related to the BeltLine TAD that are eligible to be financed or refinanced as Redevelopment Costs under the Act; and

WHEREAS, in order to provide financing for the BeltLine TAD program, the City entered into a Master Indenture of Trust, dated as of October 1, 2008 (the “Original Master Indenture”), between the City and U.S. Bank National Association, as trustee (the “Trustee”), which authorizes the issuance, from time to time under certain circumstances, of bonds, notes or other obligations, including notes issued in anticipation of bonds, upon the adoption of supplemental indentures as authorized pursuant to the terms of the Original Master Indenture; and

WHEREAS, under the Original Master Indenture and pursuant to the terms of a First Supplemental Indenture of Trust dated as of October 1, 2008 (the “Original First Supplemental Indenture”), the City previously issued its $26,420,000 Tax Allocation Bonds (BeltLine Project), Series 2008A (the “Series 2008A Bonds”), its $33,725,000 Tax Allocation Bonds (BeltLine Project), Series 2008B (the “Series 2008B Bonds”), and its $4,355,000 Tax Allocation Bonds (BeltLine Project), Series 2008C (the “Series 2008C Bonds” and, together with the Series 2008A Bonds and the Series 2008B Bonds, the “Series 2008 Bonds”), in order to (i) finance the initial phase of the BeltLine Redevelopment Plan, and (ii) pay certain costs of issuance related to the Series 2008 Bonds; and

WHEREAS, under the Original Master Indenture and an Amended and Restated First Supplemental Indenture of Trust, dated as of December 1, 2009 (the “Amended and Restated Original First Supplemental Indenture”), the original holders of the Series 2008 Bonds consented to, providing for certain modifications, alterations, amendments and additions to the terms of the Original First Supplemental Indenture and the Series 2008 Bonds, including, among other things, a fixed rate of interest in respect of the Series 2008 Bonds and the establishment of certain accounts and subaccounts, including a debt service reserve account, a capitalized interest account and a costs of issuance account for the Series 2008 Bonds; and

WHEREAS, under the Original Master Indenture and pursuant to the terms of a Second Supplemental Indenture of Trust, dated as of December 1, 2009 (the “Original Second Supplemental Indenture”), the City previously issued its $12,590,000 Tax Allocation Bonds (BeltLine Project), Series 2009B (the “Series 2009B Bonds”), and its $1,030,000 Tax Allocation Bonds (BeltLine Project), Series 2009C (the “Series 2009C Bonds,” together with the Series 2009B Bonds, the “Series 2009 Bonds”), in order to (i) refinance the Series 2008 Bonds, (ii) fund certain accounts with respect to the Series 2008 Bonds and the Series 2009 Bonds, including a debt service reserve account, a capitalized interest account, a costs of issuance account and certain project accounts, and (iii) pay certain costs of issuance related to the Series 2009 Bonds; and

WHEREAS, the BeltLine Redevelopment Plan contemplates the redevelopment and revitalization of portions of urban, residential and commercial property located within the BeltLine TAD as an alternative to continued sprawling patterns of development in the region; and

WHEREAS, the Redevelopment Agent has recommended the approval of certain projects described on Schedule 1 attached hereto (the “Projects”) which constitute Redevelopment Costs under the Act, and the City desires to finance the costs of the Projects from the proceeds of the Series 2016 Bonds, surplus Tax Allocation Increments and other available monies; and

WHEREAS, the Initiating Ordinance requires that 15% of the net proceeds of each BeltLine TAD bond issuance be set aside in a separate fund to be entitled the “BeltLine Affordable Housing Trust Fund” to be used solely for the purpose of creating affordable housing within the BeltLine TAD; and

WHEREAS, the City proposes to issue its Tax Allocation Bonds (BeltLine Project), Refunding Series 2016A (the “Series 2016A Bonds”), in the aggregate principal amount of not to exceed $31,000,000, its Tax Allocation Bonds (BeltLine Project), Refunding Series 2016B (the “Series 2016B Bonds”), in the aggregate principal amount of not to exceed $53,000,000, its Tax Allocation Bonds (BeltLine Project), Taxable Refunding Series 2016C (the “Series 2016C Bonds”), in the aggregate principal amount of not to exceed $7,000,000, its Tax Allocation Bonds (BeltLine Project), Series 2016D (the “Series 2016D Bonds”), in the aggregate principal amount of not to exceed $47,000,000, and its Tax Allocation Bonds (BeltLine Project), Series 2016E, in the aggregate principal amount of not to exceed $40,000,000, (the “Series 2016E Bonds” and, together with the Series 2016A Bonds, the Series 2016B Bonds, the Series 2016C Bonds and the Series 2016D Bonds, the “Series 2016 Bonds”), in order to (i) refinance the Series 2008 Bonds and Series 2009 Bonds (collectively, the “Prior Bonds”), (ii) terminate the Original Master Indenture and cease the issuance of any bonds or other obligations thereunder, (iii) finance the Redevelopment Costs associated with the Projects; (iv) fund certain accounts with respect to the Series 2016 Bonds, including a Series 2016 Debt Service Reserve Account and a Series 2016 Costs of Issuance Account, and (v) pay certain costs of issuance related to the Series 2016 Bonds; and

WHEREAS, the City proposes that the Series 2016 Bonds be issued under the Master Indenture and pursuant to the terms of a First Supplemental Indenture of Trust, to be dated as of the first day of the calendar month in which the Series 2016 Bonds are issued (the “First Supplemental Indenture”), between the City and the Trustee; and

WHEREAS, the City proposes to enter into a Master Indenture of Trust, to be dated as of the first day of the calendar month in which the Series 2016 Bonds are issued (the “Master Indenture”), with the Trustee, which authorizes the issuance, from time to time under certain circumstances, of bonds, notes and other obligations, including notes issued in anticipation of bonds secured by positive ad valorem taxes generated within the BeltLine TAD from ad valorem taxes levied by the City, Fulton County, Georgia (the “County”) and the Atlanta Board of Education (the “School Board”); and

WHEREAS, the City desires to authorize the preparation, use and distribution of a Preliminary Official Statement relating to the Series 2016 Bonds, and to authorize the execution and delivery of a final Official Statement and the use thereof in connection with the sale of the Series 2016 Bonds; and

WHEREAS, the City also desires to authorize the Mayor or Chief Financial Officer of the City to “deem final” the Preliminary Official Statement within the meaning of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the “Rule”); and

WHEREAS, in order to accomplish the sale of the Series 2016 Bonds, the City proposes to enter into a Bond Purchase Agreement (the “Bond Purchase Agreement”) with the purchaser(s) of the Series 2016 Bonds (collectively or singularly, the “Underwriters”), the terms of which provide for the sale of the Series 2016 Bonds within the parameters set forth herein; and

WHEREAS, a portion of the proceeds of the Series 2016 Bonds will be deposited to an escrow fund (the “Escrow Fund”) established pursuant to an Escrow Deposit Agreement (the “Escrow Deposit Agreement”), to be entered into between the Issuer and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), which Escrow Fund shall be used to defease the Prior Bonds, and the City desires to authorize and approve the execution and delivery of the Escrow Deposit Agreement; and

WHEREAS, the City desires to authorize the execution, delivery and performance of a Continuing Disclosure Agreement, to be dated as of the first day of the calendar month in which the Series 2016 Bonds are issued (the “Continuing Disclosure Agreement”), with respect to the Series 2016 Bonds for the purpose of enabling the Underwriters to comply with the requirements of Securities and Exchange Commission Rule 15c2-12 (“Rule 15c2-12”);

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:

Section 1.01              Authority for Ordinance.  This Ordinance is adopted pursuant to the provisions of the Constitution, the Act and the laws of the State of Georgia.

Section 1.02              Findings.  It is hereby ascertained, determined and declared that:

(a)              the refunding of the Prior Bonds is a lawful and valid undertaking pursuant to the Act;

(b)              the termination of the Original Master Indenture and the agreement to cease the issuance of any bonds or other obligations thereunder is a lawful and valid undertaking pursuant to the Act;

(c)              the financing of the Redevelopment Costs associated with the Projects is a lawful and valid undertaking pursuant to the Act;

(d)              the Series 2016 Bonds constitute only limited obligations of the City and will be payable solely from the revenues to be assigned and pledged to the payment thereof and will not constitute a debt, within the meaning of any constitutional limitations on the incurrence of debt, nor will they constitute a general obligation or a pledge of the faith and credit of the State of Georgia or any political subdivision, county or independent board of education thereof, including the City, Fulton County, Georgia and the School Board and will not directly or indirectly obligate such State or political subdivision, county or independent board of education thereof to levy or to pledge any form of taxation whatever for the payment thereof.

Section 1.03              Authorization of Financing; Terminating Original Master Indenture.  The financing of the costs associated with (i) the refunding of the Prior Bonds, (ii) the termination of the Original Master Indenture, (iii) the financing of all or a portion of the Redevelopment Costs associated with the Projects and other Redevelopment Costs identified in the BeltLine Redevelopment Plan, and (iv) the funding of the Series 2016 Debt Service Reserve Account within the Debt Service Reserve Fund and the Series 2016 Costs of Issuance Account within the Project Fund is hereby authorized.

Section 1.04              Authorization of Series 2016 Bonds.  For the purposes of financing (i) the refunding of the Prior Bonds and terminating the Original Master Indenture, (ii) all or a portion of the Redevelopment Costs associated with the Projects and other Redevelopment Costs identified in the BeltLine Redevelopment Plan, (iii) the funding of the Series 2016 Debt Service Reserve Account within the Debt Service Reserve Fund and the Series 2016 Costs of Issuance Account within the Project Fund, and (iv) the payment of certain costs of issuance related to the Series 2016 Bonds, the issuance of tax allocation bonds of the City known as (i) “Tax Allocation Bonds (BeltLine Project), Refunding Series 2016A,” (ii) “Tax Allocation Bonds (BeltLine Project), Refunding Series 2016B,” (iii) “Tax Allocation Bonds (BeltLine Project), Taxable Refunding Series 2016C,” (iv) “Tax Allocation Bonds (BeltLine Project), Series 2016D” and (v) “Tax Allocation Bonds (BeltLine Project), Taxable Series 2016E” (collectively, the “Series 2016 Bonds”) is hereby authorized.  The Series 2016 Bonds shall be dated, bear interest, be subject to redemption prior to maturity and be payable as set forth in the First Supplemental Indenture, provided that the Series 2016 Bonds shall mature not later than January 1, 2031, the maximum interest rate, and the maximum principal and interest due in any year with respect to the Series 2016 Bonds shall not exceed the parameters set forth in the table below (the “Pricing Parameters”):

             Not-to-exceed (NTE) ______________________Pricing Parameters________________   Maximum  Interest Rate Maximum   Annual Debt Service  Series 2016A     6.00 % $3,000,000 Series 2016B 6.00   4,500,000 Series 2016C 7.00    600,000 Series 2016D 6.00 6,500,000 Series 2016E 7.00 6,000,000

 

The Series 2016 Bonds shall be issued as registered bonds without coupons in denominations authorized under the Master Indenture, which shall initially be in denominations of $5,000 or any integral multiple of $5,000 in excess thereof, with such rights of exchangeability and transfer of registration and shall be in the form and executed and authenticated in the manner provided in the Master Indenture.  The term “Series 2016 Bonds” as used herein shall be deemed to mean and include the Series 2016 Bonds as initially issued and delivered and Series 2016 Bonds issued in exchange therefor or in exchange for Series 2016 Bonds previously issued.

Section 1.05              Any Series 2016 Bonds hereafter issued in exchange or for transfer of registration for bonds initially issued and delivered pursuant to the First Supplemental Indenture shall be executed in accordance with the provisions of the Master Indenture and such execution by the Mayor and the Municipal Clerk, whether present or future, is hereby authorized.  A certificate of validation shall be endorsed upon each of such Series 2016 Bonds hereafter issued, and the Clerk of the Superior Court of Fulton County, Georgia, is instructed to execute such certificate of validation upon the written request of the Trustee or the City, specifying that such Series 2016 Bonds are being issued in exchange or for transfer of registration for one of the Series 2016 Bonds issued and delivered to the initial purchaser or purchasers thereof or one of the Series 2016 Bonds previously issued in exchange therefor.

Section 1.06              Authorization of Master Indenture.  The execution, delivery and performance of the Master Indenture, by and between the City and the Trustee is hereby authorized and approved.  The Master Indenture shall be in substantially the form attached hereto as Exhibit A, subject to such changes, insertions or omissions as may be approved by the Mayor, and the execution of the Master Indenture by the Mayor and the Municipal Clerk as hereby authorized shall be conclusive evidence of any such approval. 

Section 1.07              Authorization of First Supplemental Indenture.  The execution, delivery and performance of the First Supplemental Indenture, by and between the City and the Trustee is hereby authorized and approved.  The First Supplemental Indenture shall be in substantially the form attached hereto as Exhibit B, subject to such changes, insertions or omissions as may be approved by the Mayor, and the execution of the First Supplemental Indenture by the Mayor and the Municipal Clerk as hereby authorized shall be conclusive evidence of any such approval. 

Section 1.08              Authorization of Official Statement; Authorization to “Deem Final” Preliminary Official Statement.    The preparation, use and distribution of the Preliminary Official Statement and a final Official Statement with respect to the Series 2016 Bonds is hereby authorized, ratified, confirmed and approved in all respects.  The Preliminary Official Statement may be “deemed final” (within the meaning of the Rule) by the City as of its date, and the execution of a certificate to such effect by the Mayor or Chief Financial Officer of the City is hereby authorized and approved.  The Mayor is hereby authorized to execute the final Official Statement on behalf of the City in connection with the offering and sale of the Series 2016 Bonds.  The execution of the final Official Statement by the Mayor shall constitute conclusive evidence of its approval.

Section 1.09              Authorization of Bond Purchase Agreement.  The execution, delivery and performance of the Bond Purchase Agreement providing for the purchase of the Series 2016 Bonds is hereby authorized.  The Mayor is hereby authorized to execute and deliver the Bond Purchase Agreement on behalf of the City within the Pricing Parameters set forth herein, and the execution of the Bond Purchase Agreement by the Mayor as hereby authorized shall be conclusive evidence of any such approval.

Section 1.10              Approval of Escrow Deposit Agreement.   In order to defease the Prior Bonds, the execution, delivery and performance of the Escrow Deposit Agreement is hereby authorized.  The Mayor or Chief Financial Officer are hereby authorized to execute and deliver the Escrow Deposit Agreement on behalf of the City, and the execution and delivery of the Escrow Deposit Agreement by the Mayor or Chief Financial Officer as hereby authorized shall be conclusive evidence of any such approval

Section 1.11              Authorization of Continuing Disclosure Agreement.  For purposes of enabling the Underwriters to comply with the requirements of Rule 15c2-12, the execution, delivery and performance of the Continuing Disclosure Agreement is hereby authorized and approved.

Section 1.12              Validation of Series 2016 Bonds.  The Mayor and Chief Financial Officer are each hereby authorized and directed to immediately notify the District Attorney of the Atlanta Judicial Circuit of the action taken by the City, to request the District Attorney to institute a proceeding to confirm and validate the Series 2016 Bonds and to pass upon the security therefor, and the Mayor, Chief Financial Officer and the Municipal Clerk are further authorized to acknowledge service and make answer in such proceeding.

Section 1.13              Non-Arbitrage Certification.  Any officer of the City is hereby authorized to execute one or more non-arbitrage certifications with respect to the Series 2016 Bonds in order to comply with Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Treasury Regulations thereunder.

Section 1.14              No Personal Liability.  No stipulation, obligation or agreement herein contained or contained in the First Supplemental Indenture, the Preliminary Official Statement or the Bond Purchase Agreement shall be deemed to be a stipulation, obligation or agreement of any officer, director, agent or employee of the City in his individual capacity, and no such officer, director, agent or employee shall be personally liable on the Series 2016 Bonds or be subject to personal liability or accountability by reason of the issuance thereof.

Section 1.15              General Authority.  From and after the execution and delivery of the documents hereinabove authorized, the proper officers, directors, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the documents as authorized herein and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable in connection with the issuance, execution and delivery of the Series 2016 Bonds and in conformity with the purposes and intents of this Ordinance.

The Mayor and the Municipal Clerk are hereby authorized and directed to prepare and furnish to the purchasers of the Series 2016 Bonds when the Series 2016 Bonds are issued, certified copies of all the proceedings and records of the City relating to the Series 2016 Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Series 2016 Bonds as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein.

Section 1.16              Actions Approved and Confirmed. All acts and doings of the officers of the City which are in conformity with the purposes and intents of this Ordinance and in furtherance of the issuance of the Series 2016 Bonds and the execution, delivery and performance of the Master Indenture, the First Supplemental Indenture, the Preliminary Official Statement and the Bond Purchase Agreement, shall be, and the same hereby are, in all respects approved and confirmed.

Section 1.17              Waiver of Performance Audit and Performance Review Requirements.  The City hereby directs that the “Notice to the Public” published in connection with the validation of the Series 2016 Bonds contain bolded, capitalized language giving notice of the City’s intent to waive the performance audit and performance review requirements of O.C.G.A. § 36-82-100, and that no such audit or review will be conducted.

Section 1.18              Severability of Invalid Provision.  If any one or more of the agreements or provisions herein contained shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or the Series 2016 Bonds authorized hereunder.

Section 1.19              Repealing Clause.  All ordinances or parts thereof of the City in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed; provided, that except to the extent amended hereby, the Initiating Ordinance is hereby continued in full force and effect.

 

Schedule 1

Projects

 

              Proceeds of the Series 2016 Bonds are expected to be applied, together with surplus Tax Allocation Increment and other available monies, toward redevelopment costs authorized by O.C.G.A. §36-44-1, et seq. and associated with the following new money projects including, but not limited to, the capital costs of implementing following undertakings:

 

Trail Design and Construction - Design and construction costs including, clearing, grading, bridge replacements, installation of retaining walls, lighting improvements, installation of concrete trial and associated landscaping for:

 

·              The 3-mile Westside Trail segment which runs from University Avenue in Adair Park to Lena Avenue in Washington Park and connects 10 southwest Atlanta neighborhoods and featuring up to 14 access points to connect 4 parks and improve access to 4 schools. 

·              The 1.25 mile Eastside Trail Extension from Irwin Street to Memorial Drive. 

·              The 4-mile Southside Trail between Glenwood Avenue and University Avenue including vertical and horizontal connections across multiple neighborhoods in order to provide access to schools, parks and commercial districts.

·              The 3.9 mile Northeast Trail between Monroe Drive and the Lindbergh MARTA station.  The trail will also connect the Atlanta BeltLine to the PATH 400 Trail.

Park Design and Construction  - Design and construction of a 9-acre park (Enota Park) located between the Westview and West End neighborhoods, including the expansion of existing multi-purpose play areas, entry plazas, an event lawn, walking trails and a woodland preserve, grading, clearing and installation of lighting, grading, clearing, construction of a restroom building, streambank mitigation and the installation of foot bridges and picnic pavilions.

 

Signage and Wayfinding - Acquisition and installation of signage and wayfinding aids along the Eastside Trail, Eastside Trail Extension, Northside Trail and Westside Trails.

 

Pre-Design Capital Project Planning - Pre-design planning work to identify and phase development of the 300 acre Westside Quarry Park & Preserve, including design of a 40+ acre city water supply reservoir surrounded by the prior stone quarry cliffs.  Pre-design planning of expected amenities to include a collection of meadows, hiking and biking trails, baseball fields and an amphitheater. 

 

Land Acquisition for Urban Farm­ - Costs associated with land acquisition and construction of an urban farm and market garden along the Westside Trail, including an educational building, restroom facilities and the installation of solar panels. Construction to also include a prototype farm shed that will include a cooler, restrooms and areas for engaging the community.

 

Acquisition and Installation of Automated Trail Counters - Acquisition and installation of automated trail counters in order to provide quantitative data on trail usage, in support of grant requests from philanthropic donors and other funding sources.

 

Construction of Streetscapes, Sidewalks and ADA Required InstallationsConstruction along Ponce de Leon Avenue between Monroe/Boulevard and Freedom Parkway of streetscapes, sidewalks, sidewalk and driveway aprons, Americans with Disability Act (ADA) compliance, installation of bike lanes, retaining walls ramps and  right-of-way acquisition to support the foregoing. 

 

Design and Construction of Streetscape and Transit Elements along Trail Design and construction of streetscaping initiatives associated with new developments or parks, or the opportunistic advancement of the transit and/or streetcar to run adjacent to the trail.

 

Strategic Site and Utility Improvements - Funding to include the cost to stabilize a strategic, 25.3-acre site (Murphy Crossing) alongside the Westside Trail.  The funding to also include the real property safety improvements, including the installation of fencing, roof and drainage repairs.

 

Strategic Planning, Design and Land Acquisition The funding to advance the planning and preliminary design needed to determine the land acquisition needs for future parks and trails. and funding for land acquisition needed for Beltline TAD projects.  

 

Design of Trail, Street Improvements and other Amenities -  Design of trail, signalization and street improvements, including necessary clearing, grading, renovating of the following:

 

·              The 0.5-mile trail (Bill Kennedy Way Trail) on a road and bridge which crosses over the I-20 corridor.      

·              The 31-acre park (Boulevard Crossing Park) which includes 22-acres of former industrial land with nearly 9 additional acres targeted for expansion.

·              The renovation and expansion of 51.5-acre park (Maddox Park) located on the west side of the City.

·              The renovation and expansion of a 1.5-acre park (Four Corners Park) located in South Atlanta.

Design and Construction of Two Permanent Performance Pavilions - Design and construction of two performance pavilions (the Reynoldstown Stage and the Adair Park Stage) to host small dance performances, music ensembles, spoken word and other public gatherings.

 

Affordable Housing Trust Fund for Land Acquisition and Pre-Development - Funding to include incentives in the form of grants and opportunistic land acqusition and pre-development, together with related program administration.

 

Economic Development Planning and Programming - Funding to include pre-design planning and product development, commercial corridor revitalization, and planning and programming.Exhibit A

form of Master Indenture

 

EXHIBIT B

form of FIRST supplemental indenture

 

 


 

 

Meeting History

Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

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

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

Note: Councilmember Wan made a Motion to Send Ordinance 16-O-1616 to the Mayor’s Office Post Haste with the implied request that the Mayor take immediate action regarding the item. It was Seconded by Councilmember Adrean and then CARRIED by a roll call vote of 13 yeas; 0 nays.

RESULT:ADOPTED ON SUBSTITUTE [13 TO 0]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, 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
AWAY:Carla Smith