City of Atlanta
Georgia

Ordinance
18-O-1425

AN ORDINANCE BY COUNCILMEMBER IVORY LEE YOUNG, JR. AS SUBSTITUTED BY FINANCE/EXECUTIVE COMMITTEE
AUTHORIZING THE ACQUISITION THROUGH THE EXERCISE OF EMINENT DOMAIN, PURSUANT TO THE SPECIAL MASTER METHOD, O.C.G.A. § 22-2-100 ET SEQ. OR OTHER CONDEMNATION METHOD AS MAY BE APPLICABLE, OF FEE SIMPLE TITLE TO 205 ELM STREET NW (TAX ID: 14-011000060432), 209 ELM STREET NW (TAX ID: 14-011000060440), 211 ELM STREET NW (TAX ID: 14-011000060457), 221 ELM STREET NW (TAX ID: 14-011000060473), 273 ELM STREET NW (TAX ID: 14-011000030666) AND 283 ELM STREET NW (TAX ID: 14-011000030682), ATLANTA, FULTON COUNTY, GEORGIA 30314 (“PROPERTIES”) FOR THE DEVELOPMENT OF THE RODNEY COOK SR. PARK IN HISTORIC VINE CITY; TO AUTHORIZE THE CITY ATTORNEY, OR HER/HIS DESIGNEE, TO INSTITUTE FORMAL CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTIES FOR PUBLIC USE, INCLUDING USE OF OUTSIDE COUNSEL WHERE NECESSARY; AUTHORIZING THE PAYMENT OF JUST AND ADEQUATE COMPENSATION FOR THE PROPERTIES TO THE OWNERS AND ANY OTHER PARTIES ENTITLED THERETO; ALL AMOUNTS ASSOCIATED WITH THESE ACTIONS SHALL BE CHARGED TO AND PAID FROM FUND OR ACCOUNT NUMBERS LISTED HEREIN; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 3 Ivory Lee Young Jr.
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 30 ELM STREET

Item Discussion

(Referred back to Finance/Executive Committee by Atlanta City Council 9/17/18)

Body

WHEREAS, in July 2012, the Atlanta City Council adopted and the Mayor and approved Ordinance 12-O-0961 authorizing the creation of Historic Mims Park, now known as the Rodney Cook, Sr. Park in Historic Vine City (the “Park”) in the Vine City neighborhood of the City of Atlanta (“City”); and

 

WHEREAS, the Park will be bordered by Joseph E. Boone Boulevard on the north and Elm Street on the west; and on the southern and eastern perimeters by Spencer Street between Elm and Vine Streets, Vine Street between Spencer and Thurmond Streets, Thurmond Street between Vine and Walnut Streets, and Walnut Street between Thurmond Street and Joseph E. Boone Boulevard; and

 

WHEREAS, the City has assembled most of the properties necessary for the development of the Park, however, there remain six (6) parcels that must be acquired; and

 

WHEREAS, Ordinance 17-O-1168 authorized the Chief Procurement Officer or her designee on behalf of the City to negotiate for the acquisition of the parcels located at 205 Elm Street NW (Tax Parcel 14-011000060432), 209 Elm Street NW (Tax Parcel 14-011000060440), 211 Elm Street NW (Tax Parcel 14-011000060457), 221 Elm Street NW (Tax Parcel 14-011000060473),  273 Elm Street NW (Tax Parcel 14 011000030666) and 283 Elm Street NW (Tax Parcel 14 011000030682) in Atlanta, Fulton County, Georgia 30314, all as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (“Properties”); and

 

WHEREAS, the City engaged in good faith negotiations with the owners of the Properties to acquire the Properties based upon a certified appraisal of the same, but the negotiations were unsuccessful; and

WHEREAS, the exercise of eminent domain over the Properties is necessary to acquire the Properties for use as a public park; and

 

WHEREAS, condemnation, including use of the Special Master method pursuant to O.C.G.A. § 22-2-100 or other appropriate method, as provided in O.C.G.A. § 22-2-1 et seq., is necessary to accomplish the public use;

 

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

 

Section 1. The City Attorney is authorized to institute condemnation or other legal proceedings to acquire good and marketable fee simple title to 205 Elm Street NW (Tax Parcel 14-011000060432), 209 Elm Street NW (Tax Parcel 14-011000060440), 211 Elm Street NW (Tax Parcel 14-011000060457), 221 Elm Street NW (Tax Parcel 14-011000060473),  273 Elm Street NW (Tax Parcel 14 011000030666) and 283 Elm Street NW (Tax Parcel 14 011000030682) in Atlanta, Fulton County, Georgia 30314, without further authorization by City Council, including engagement and/or use of outside counsel as may be necessary for the purpose of completing the acquisition of the Properties.

 

Section 2.  The City Attorney, or her designee, is authorized to use the Special Master method, pursuant to O.C.G.A. § 22-2-100 et seq., or, alternatively, other condemnation methods authorized by Title 22 of the Official Code of Georgia, to acquire good and marketable title to the Properties.

 

Section 3.  The City Attorney, or her designee, is authorized to monitor and supervise the transactions associated with all legal proceedings and actions concerning the acquisition of the Properties.

 

Section 4. The Mayor, or her designee, is authorized to execute all documents on behalf of the City as may be necessary to effectuate the purposes of this Ordinance, including without limitation, acquisition of good and marketable title to the Properties.

 

Section 5. All costs related to acquisition of the Properties, including the payment of just and adequate compensation for the Properties, and the costs of legal proceedings concerning the acquisition of the Properties, which is hereby authorized, will be charged to and paid from the funds or accounts listed herein:

 

Section 6. Ordinance 17-O-1168 authorized and awarded TWO HUNDRED THOUSAND DOLLARS ($200,000) to PATEO 14201997 (Greenspace PMG Parks), 129 (Rodney Cook, Sr Park in Historic Vine City), 350291107 (SWMA LOAN 9987/D.I.F. Parks-West), 5411001 (LAND).

 

Section 7. The 2018 General Capital Overlay Fund Budget of the Department of Parks and Recreation is hereby amended as follows: Transfer from appropriations an additional TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000) from D.I.F. Parks West, 3502 (General Gov. Capital) 100101 (DOF Chief Financial Officer) 5999999 (PnG Budget) 1320000 (Chief Executive) 201072 (Admin Development Recoupment Fees) (Greenspace Parks West) 91107 (Parks West) and Award to Installment 14201997 (Greenspace PMG Parks), 129 (Rodney Cook, Sr Park in Historic Vine City), 350291107 (SWMA LOAN 9987/D.I.F. Parks-West), 5411001 (LAND) for a total PATEO Amount of FOUR HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($450,000). The aggregate amount for all costs authorized shall not exceed FOUR HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($450,000.00) and shall be paid from 14201997 (Greenspace PMG Parks), 129 (Rodney Cook, Sr Park in Historic Vine City), 350291107 (SWMA LOAN 9987/D.I.F. Parks-West), 5411001 (LAND).

 

Section 8. Upon completion of condemnation or other legal proceedings to acquire the Properties, unused funds will be released back to D.I.F. Parks West, 3502 (General Gov. Capital) 100101 (DOF Chief Financial Officer) 5999999 (PnG Budget) 1320000 (Chief Executive) 201072 (Admin Development Recoupment Fees) (Greenspace Parks West) 91107 (Parks West) and Award to Installment 14201997 (Greenspace PMG Parks), 129 (Rodney Cook, Sr Park in Historic Vine City), 350291107 (SWMA LOAN 9987/D.I.F. Parks-West), 5411001 (LAND).

 

Section 9. Article X, Division 14, Subdivision II of the City’s Code of Ordinances is waived to the extent such sections apply, such that all authorizations granted in this Ordinance are granted without the need for prior or further authorization of City Council so that the Properties can be acquired in a timely fashion to meet the requirements of the intended public use. 

             


Exhibit “A”

 

Legal Descriptions of the Properties

 

205 Elm Street NW

 

All that tract or parcel of land lying and being in Land Lot 110 of the 14th District, Fulton County, Georgia, and more particulary described as follows:

 

Beginning at the northeast corner of the intersection of Elm Street and Spencer Street and running thence north along the east side of Elm Street 50 feet; thence east 100 feet to the west side of a 10 foot alley; thence south along the west side of said alley 50 feet to the north side of Spencer Street; thence west along the north side of Spencer Street 100 feet to the point of beginning, and being known as 205 Elm Street, according to the present system of numbering property in the City of Atlanta, Fulton County, Georgia.

 

Tax Parcel 14-011000060432

 

209 Elm Street NW

 

All that tract or parcel of land lying and being in Land Lot 110 of the 14th District Fulton County, Georgia, and more particulary described as follows:

 

Beginning at a point on the east side of Elm Street fifty (50) feet north of the northeast corner of Elm Street and Spencer Street; thence running north along the east line of Elm Street fifty (50) feet to Lot 12; thence east along the line of Lot 12 one hundred (100) feet to a ten foot alley; thence south along the west side of said alley fifty (50) feet to Lot 15; thence west along the line of Lot 15 one hundred (100) feet to the beginning point; being formerly improved property known as 209 Elm Street, N.W., according to the present system of numbering houses in the City of Atlanta, Georgia.

 

Tax Parcel 14-011000060440

 

211 Elm Street NW

 

All that tract or parcel of land lying and being in Land Lot 110 of the 14th District Fulton County, Georgia, being Lot 12 of the McClure Property, a plat of which is on file with the Clerk’s Office of Fulton County, being more particulary described as follows:

 

Beginning at a point on the east side of Elm Street a distance of 100 feet north of the northeast corner of Elm and Spencer Streets; thence north along the east side of Elm Street a distance of 25 feet to a point; thence east a distance of 100 feet to a 10-foot alley; thence south along the west side of said alley a distance of 25 feet to a point; thence west a distance of 100 feet to the point of beginning; having a Tax Parcel #14-0110-0006-045-7.

 

 

Tax Parcel 14-011000060457

 

221 Elm Street NW

 

All that tract or parcel of land lying and being in Land Lot 110 of the 14th District, City of Atlanta, Fulton County, Georgia, being Lot 10 and part of Lot 9 of the McClure Subdivision, as per plat made of O.F. Kauffman, C.E., dated February 1907, and on file in the office of Forrest and George Adair, and being more particulary described as follows:

 

Beginning at a point on the east side of Elm Street, 150 feet north of the northeast corner of Elm Street and Spencer Street, and running thence north along the east side of Elm Street 40 feet to a 10 foot alley; thence east along the south side of said alley 100 feet to another 10 foot alley; thence south along the west side of said alley 40 feet to Lot 11; thence west along the line of Lot 11, 100 feet to the point of beginning on Elm Street, being improved property known as No. 221 Elm Street, N.W., Atlanta, Georgia.

 

Tax Parcel 14-011000060473

 

273 Elm Street NW

 

All that tract or parcel of land lying and being in Land Lot 110, 14th District, Fulton County, Georgia, and more particulary described as follows:

 

To the point of beginning, begin at an “X” on the asphalt located on the east right-of-way line of Elm Street, 245.00 feet south, as measured along right-of-way line from the point formed by the intersection of said right-of-way line and the south right-of-way line of Simpson Street; thence South 00 degrees 00 minutes 00 seconds West, 150 feet to the point of beginning; thence south 89 degrees 41 minutes 39 seconds east, 146.8 feet to a rebar set; thence south 00 degress 18 minutes 30 seconds west, 50 feet to a point; thence north 89 degrees 41 minutes 35 seconds west, 146.6 feet to a point on the east right-of-way line of Elm Street; thence north 50.00 feet to a point and the point of beginning; as shown on that plat of survey for Sandra K. Hartman by Josh L. Lewis, III, Registered Land Surveyor, dated August 30, 2000.

 

Tax Parcel 14 011000030666

 

283 Elm Street NW

 

All that tract or parcel of land lying and being in Land Lot 110, 14th District, Fulton County, Georgia, being more particulary described as follows:

 

To the point of beginning, begin at an “X” on the asphalt located on the east right-of-way line of Elm Street, 245.00 feet south, as measured along said right-of-way line, from the point formed by the intersection of said right-of-way line and the south right-of-way line of Simpson Street; thence south 00 degrees 00 minutes 00 seconds west, 50 feet to the point of beginning; thence south 89 degrees 41 minutes 39 seconds east, 147.26 feet to a rebar set; thence south 00 degress 18 minutes 30 seconds west, 50 feet to a point; thence north 89 degrees 41 minutes 35 seconds west, 147.03 feet to a point on the east right-of-way line of Elm Street; thence north 00 degrees 00 minutes 00 seconds east along the east right-of-way line of Elm Street, 50.00 feet to a point and the point of beginning; as shown on that plat of survey for Sandra K. Hartman by Josh L. Lewis, III, RLS, dated August 30, 2000 and recorded in Book 29910, page 143 Fulton County, Georgia records.  Said property being known as 283 Elm Street, Atlanta, Georgia 30314.

 

Tax Parcel 14 011000030682

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meeting History

Jul 2, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jul 11, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
MOVER:Matt Westmoreland, Post 2 At Large
SECONDER:Andrea L Boone, District 10
AYES:Howard Shook, Andrea L Boone, JP Matzigkeit, Matt Westmoreland
ABSENT:Andre Dickens, Jennifer N Ide
AWAY:Natalyn Mosby Archibong
Aug 6, 2018 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, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 20, 2018 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 29, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 4, 2018 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 12, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FORWARDED WITH NO RECOMMENDATI [UNANIMOUS]
MOVER:Howard Shook, Chair
SECONDER:Matt Westmoreland, Post 2 At Large
AYES:Howard Shook, Natalyn Mosby Archibong, Andrea L Boone, Andre Dickens, Jennifer N Ide, JP Matzigkeit, Matt Westmoreland
Sep 17, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Councilmember Bond made a Motion to Refer Ordinance 18-O-1425 back to the Finance/Executive Committee. It was Seconded by Councilmember Ide and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Note: During this meeting, Atlanta City Council held a public hearing at 6:15p.m. regarding Ordinance 18-O-1425.

RESULT:REFERRED TO COMMITTEE [13 TO 0]
MOVER:Michael Julian Bond, Councilmember, Post 1 At Large
SECONDER:Jennifer N Ide, Councilmember, District 6
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N Ide, Howard Shook, JP Matzigkeit, Dustin Hillis, Andrea L Boone, Marci Collier Overstreet
ABSENT:Ivory Lee Young Jr.
AWAY:Joyce M Sheperd
Sep 26, 2018 1:00 PM  Finance/Executive Committee Regular Committee Meeting
draft Draft

Amy Phuong, DPR Commissioner

RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Andrea L Boone, District 10
SECONDER:Andre Dickens, Post 3 At Large
AYES:Howard Shook, Natalyn Mosby Archibong, Andrea L Boone, Andre Dickens, Jennifer N Ide, JP Matzigkeit, Matt Westmoreland
Oct 1, 2018 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 10, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 15, 2018 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 24, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FORWARDED WITH NO RECOMMENDATI [5 TO 1]
MOVER:Howard Shook, Chair
SECONDER:Natalyn Mosby Archibong, District 5
AYES:Howard Shook, Natalyn Mosby Archibong, Andre Dickens, Jennifer N Ide, JP Matzigkeit
NAYS:Andrea L Boone
ABSENT:Matt Westmoreland
Nov 5, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Shook made a Motion to Adopt Ordinance 18-O-1425. It was Seconded by Councilmember Matzigkeit and a discussion ensued, during which, Councilmember Bond made a Substitute Motion to File. It was Seconded by Councilmember Boone and FAILED by a roll call vote of 2 yeas; 12 nays. The original Motion to Adopt was before Council. Subsequently, the Motion to Adopt on Substitute CARRIED by a roll call vote of 11 yeas; 3 nays; however, Councilmember Bond serve notice to spread over the minutes. It was Seconded by Councilmember Overstreet. A discussion ensued, in which, Council President ruled the Motion was in order.

Note: A public hearing was held at 6:15p.m. regarding this item.

RESULT:ADOPTED [11 TO 3]
MOVER:Howard Shook, Councilmember, District 7
SECONDER:JP Matzigkeit, Councilmember, District 8
AYES:Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N Ide, Howard Shook, JP Matzigkeit, Dustin Hillis, Joyce M Sheperd
NAYS:Michael Julian Bond, Andrea L Boone, Marci Collier Overstreet
ABSENT:Ivory Lee Young Jr.
Nov 19, 2018 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

During the Full Council Meeting held November 05, 2018, 18-O-1425 was Adopted on Substitute by a roll call vote of 11 yeas; 3 nays; however, Councilmember Bond served notice to Reconsider at the next Regularly Scheduled meeting on November 19, 2018. During this meeting, Councilmember Bond made a Motion to Reconsider. It was Seconded by Councilmember Overstreet and the Motion FAILED by a roll call vote of 5 yeas; 8 nays. Therefore, the original Motion to Adopt on Substitute stands by a roll call vote of 11 yeas; 3 nays concurring on this meeting of November 19, 2018.

RECONSIDER FAILED BY A ROLL CALL VOTE OF 5 YEAS; 8 NAYS; SUBSEQUENTLY, STANDS AS ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 3 NAYS

RESULT:FAILED [5 TO 8]
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Andrea L Boone, Marci Collier Overstreet
NAYS:Matt Westmoreland, Amir R Farokhi, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N Ide, Howard Shook, JP Matzigkeit, Dustin Hillis
EXCUSED:Ivory Lee Young Jr.
AWAY:Joyce M Sheperd