City of Atlanta
Georgia

Resolution
19-R-3733
Filed without Objection
Dec 2, 2019 1:00 PM

A RESOLUTION BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE
AUTHORIZING THE SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF ATLANTA IN THE CASE OF DEKALB COUNTY SCHOOL DISTRICT V. CITY OF ATLANTA, ET AL., CIVIL ACTION FILE NO. 2018-CV-306056 IN THE SUPERIOR COURT OF FULTON COUNTY, FOR AN AGREEMENT BY THE CITY OF ATLANTA TO TEMPORARILY REFRAIN FROM TAKING CERTAIN ACTIONS IN REGARD TO THE ANNEXATION OF CERTAIN PROPERTIES IN DEKALB COUNTY; AND FOR OTHER PURPOSES.

Information

Department:LawSponsors:
Category:Public Safety\Legal AdministrationFunctions:Law - Torrey Smith

Attachments

  1. Printout
  2. Final DCSD Emory Settlement Resolution

Item Discussion

►(Held 6/11/19 at the request of the Department)

Body

WHEREAS, effective January 1, 2018, and pursuant to 17-O-1420, the City of Atlanta annexed properties into the corporate boundaries of the City of Atlanta from unincorporated DeKalb County which were owned by, and upon application of, the United States Department of Health and Human Services, Centers for Disease Control and Prevention and the General Services Administration, Emory University, Children’s Healthcare of Atlanta, Georgia Power Company, Villa International, and Synod of South Atlantic & Presbyterian Church (USA), Inc., (“the Emory Annexation”);

 

WHEREAS, in 2018, the DeKalb County School District (“DCSD”) filed a lawsuit against the City of Atlanta (“the City”) in the Superior Court of Fulton County, 2018CV306056 contesting the Emory Annexation; and

 

WHEREAS, DCSD has agreed to accept an agreement by the City of Atlanta to temporarily refrain from taking certain actions regarding the annexation of certain properties in DeKalb County in full settlement of all claims against the City in the above-referenced lawsuit, (“the settlement agreement”); and

 

WHEREAS, pursuant to the settlement agreement, the City shall not use the sixty percent (60%) method of annexation set out in O.C.G.A. § 36-36-30 through § 36-36-40 to annex any properties within three quarters of a mile of the intersection of Briarcliff Road and North Decatur Road for a term of one year, and the City shall not annex any DCSD school buildings for a term of three years; and

 

WHEREAS, pursuant to the settlement agreement DCSD in turn shall not contest any other annexation by the City of Atlanta for three years, and shall consent to an entry of an order by the Fulton County Superior Court acknowledging the validity of the City’s legislative process that was used to consummate the Emory Annexation; and 

 

WHEREAS, no monetary payment by the City shall be required in settlement of this lawsuit; and

 

WHEREAS, the City Attorney has done an extensive review of the facts and the law and has determined it to be in the best interests of the City to enter into this settlement agreement.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY RESOLVES that the City Attorney is hereby authorized to settle and execute all other settlement documents in DeKalb County School District v. City of Atlanta, et al., 2018-CV-306056.

 

BE IT FURTHER RESOLVED, that the City Attorney is hereby authorized to enter into a settlement agreement, (“the settlement agreement”), pursuant to which the City of Atlanta shall agree not use the sixty percent (60%) method of annexation set out in O.C.G.A. § 36-36-30 through § 36-36-40 to annex any properties within three quarters of a mile of the intersection of Briarcliff Road and North Decatur Road for a term of one year, and the City of Atlanta shall agree not annex any DeKalb County School District school buildings for a term of three years; and pursuant to which the DeKalb County School District shall agree not contest any other annexation by the City of Atlanta for three years, and the DeKalb County School District shall agree to consent to an entry of an order by the Superior Court acknowledging the validity of the City’s legislative process that was used to consummate the Emory Annexation, (17-O-1420).

 

BE IT FURTHER RESOLVED, that the City Attorney is authorized to prepare the settlement agreement and any other settlement documents for execution by herself or her designee.

 

BE IT FURTHER RESOLVED, that this settlement agreement shall be in full consideration of the dismissal of all claims by the DeKalb County School District against the City of Atlanta and its current and former officers and employees, either named or unnamed.

 

BE IT FINALLY RESOLVED, that the settlement agreement shall not become binding on the City of Atlanta and the City of Atlanta will incur no obligation thereunder, until it has been executed by the City Attorney and delivered to the DeKalb County School District.

 

 

Meeting History

Jun 11, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Dustin Hillis, Chair
SECONDER:J. P. Matzigkeit, District 8
AYES:Dustin Hillis, J. P. Matzigkeit, Andrea L. Boone, Andre Dickens, Marci Collier Overstreet, Howard Shook, Antonio Brown
Jun 17, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: HILLIS, SHOOK, BOONE, BROWN, MATZIGKEIT, DICKENS & COLLIER OVERSTREET

RESULT:RETURNED AS HELD
Jun 25, 2019 3:45 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 1, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 9, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 5, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 13, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 19, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 27, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 3, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 10, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 16, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 24, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 15, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 21, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 29, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 12, 2019 3:00 PM  Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 26, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 2, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

AUTOMATICALLY TERMINATED AND FILED PER CHARTER SECTION 2-407 WITHOUT OBJECTION

RESULT:FILED WITHOUT OBJECTION