City of Atlanta
Georgia

Resolution
15-R-4363

A RESOLUTION BY COUNCILMEMBER KEISHA LANCE BOTTOMS AUTHORIZING THE APPROVAL AND ADOPTION OF THE
FULTON COUNTY SERVICE DELIVERY STRATEGY; AUTHORIZING THE MAYOR TO EXECUTE THE FULTON COUNTY SERVICE DELIVERY STRATEGY ON BEHALF OF THE CITY; AND FOR OTHER PURPOSES.

Information

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

Attachments

  1. Printout
  2. 9 SERVICE DELIVERY STRATEGY

Body

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.

 

 

Meeting History

Nov 2, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 16, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 7, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 4, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: WAN, SHOOK, ADREAN, ARCHIBONG, MARTIN, MOORE & SMITH

RESULT:RETURNED AS HELD
Jan 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
Feb 1, 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
Feb 15, 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
Mar 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
Mar 21, 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
Apr 18, 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
May 2, 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
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

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 20, 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
Jul 5, 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
Jul 18, 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
Aug 15, 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 14, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
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:HELD IN COMMITTEE [UNANIMOUS]
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:HELD IN COMMITTEE [UNANIMOUS]
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

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 30, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 14, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FILED BY COMMITTEE [UNANIMOUS]
MOVER:Alex Wan, Chair
SECONDER:Howard Shook, Vice Chair
AYES:Alex Wan, Howard Shook, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
ABSENT:Yolanda Adrean, Natalyn Mosby Archibong
Jan 3, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

FILED BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:FILED [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