City of Atlanta
Georgia

Resolution
14-R-3508
Adopted Substitute as Amended
Jul 7, 2014 1:00 PM

A RESOLUTION BY COUNCILMEMBER KWANZA HALL AS SUBSTITUTED BY COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE CONSENTING TO THE CREATION OF THE LITTLE 5 POINTS COMMUNITY IMPROVEMENT DISTRICT AS AUTHORIZED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA IN THE ATLANTA COMMUNITY IMPROVEMENT DISTRICT ACT AND BASED ON THE CONSENT OF THE MAJORITY OF THE OWNERS OF REAL PROPERTY WITHIN THE DISTRICT BOUNDARIES; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. DOC9 LITTLE FIVE POINT
  3. DOC9exhibitA
  4. DOC9exhibitB
  5. DOC9exhibitC
  6. 14-R-3508- CM Hall- Substitute L5P CID (This file has not yet been converted to a viewable format)
  7. 14r3508 Final Action Legislation

Body

 

WHEREAS, by Act of the Legislature, 1991 Ga. L. 3653, as amended, (the "Act"), the Georgia Legislature enacted the Atlanta Community Improvement District Act; and

 

WHEREAS, a majority of the owners of real property within a proposed district, as shown on the map attached as Exhibit "A"; and incorporated by reference hereof, which will be subject to taxes, fees, and assessments levied by the District Board, have consented in writing to the creation of a Community Improvement District ("CID") with boundaries as shown on said map; and

 

WHEREAS, the owners of real property within the proposed CID which constitute at least 75% by value of all real property within said CID which will be subject to taxes, fees and assessments levied by the District Board, according to the most recent approved County ad valorem tax digest, have consented in writing to the creation of a CID with boundaries as shown on said map; and

 

WHEREAS, the DeKalb County Tax Commissioner has certified that the aforesaid majority and 75% by value of written consents are satisfactory, said Certification of Compliance being attached as Exhibit "B"; and

 

WHEREAS, it is the intention of the Atlanta City Council by activation of such CID, to enhance and supplement certain governmental services and facilities within said district; and

 

WHEREAS, the Atlanta City Council has determined that the activation of such CID would be in the best interest of the citizens of Atlanta;

 

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ATLANTA GEORGIA, that the City of Atlanta consents to the creation of the Little 5 Points Community Improvement District to be comprised of the geographical area as shown on the map attached as Exhibit "A", for the provision of the following governmental services and facilities:

Construction and maintenance of local, collector and arterial streets as shown on the city's street classification map or as otherwise included in the city's street classification map or as otherwise included in the city's most recently adopted Comprehensive Development Plan, including curbs, sidewalks, street lights and devices to control the flow of traffic on local, collector and arterial streets;

Public transportation, including but not limited to services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a Traffic Management Association or similar entity;

Development and management of terminal and parking facilities and adjacent development;

Development and management of parks, recreational, and cultural areas and facilities;

Development, storage, and management of storm water.

Such other services and facilities as may be provided for by general law.

 

 

BE IT FURTHER RESOLVED, that the City Council relies on the facts certified by the Tax Commissioners of DeKalb County as to the satisfaction of conditions relating to the consent of property owners and that neither the City nor the City Council will undertake any obligation to verify said certification and shall assume no liability for any errors and omissions of the Tax Commissioner;

 

BE IT FURTHER RESOLVED, that any projects and activities which may be undertaken by the CID will be governed by such conditions as will insure their compatibility with adopted City policies in planning for the area;

 

BE IT FURTHER RESOLVED, that the Chairman of the Finance/Executive Committee ,who is made an ex officio member of the Board by the terms of Section 5 of the Act, 1991 Ga. L. 3653, 3661, after appointment by the President of Council, be so appointed and serve on the Board pursuant to the terms of the Act.

 

BE IT FURTHER RESOLVED, that the Mayor and President of Council, who are each given the right to appoint one member of the Board by the terms of Section 5 of the Act, 1991 Ga. L. 3653, 3661, so appoint said Board member who shall serve pursuant to the terms of the Act.

 

BE IT FURTHER RESOLVED, that a caucus of electors, as defined in the Act, be held within 60 days at Front Page News, 351 Moreland Ave NE, Atlanta, GA 30307

for the purpose of electing six (6) additional District Board Members. Registration shall begin at 5:30 o'clock p.m. and conclude at 6:00 o'clock p.m., at which time the election caucus will convene.

 

Notice of said caucus shall be given to the electors by publication in the legal organ, the DeKalb County Daily Report on four dates, at least forty-five ( 45) days, thirty one (31) days, seventeen (17) days, and ten (10) days, respectively, prior to such election.

 

Post 4 on the District Board shall be an "Elector" post, with that board member elected by a majority vote of the electors present and voting at the caucus, on the basis of one vote for each elector. This board member shall initially have a two-year term. Thereafter, the term for this post will be four years.

 

Posts 5, 6, 7, 8 and 9 on the District Board shall be "Equity Elector" posts, with each board member elected by a majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 (or fraction thereof) in assessed value of the property owned by the elector subject to taxes, fees or assessments levied by the Board. Post 6 and 8 board members shall initially have two year terms, and Post 5, 7 and 9 board members shall initially have four year terms. Thereafter, the terms for Posts 5, 6, 7, 8 and 9 will be four years.

 

One or more of the appointed board members shall conduct the initial caucus of electors. If no board members are appointed by the date set for the caucus, the City Attorney or a designee appointed by the City Attorney shall preside at the initial caucus of electors;

 

BE IT FURTHER RESOLVED, that all Board members take an oath of office upon election or appointment to faithfully administer their duties under the Act.

 

BE IT FINALLY RESOLVED, that the Mayor be and is hereby authorized to enter into a Cooperation Agreement with the CID Board to allow for the provision of services and facilities as provided under the Act substantially in the form attached hereto, as Exhibit ā€œCā€ with such further changes as the City Attorney shall deem appropriate and shall not be binding on the City and the City shall incur no liability upon same until execution by the Mayor and delivery to the CID Board.

 

Meeting History

May 5, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 13, 2014 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft

ON CONDITION

RESULT:FORWARDED W/NO RECOMMENDATION [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Keisha Lance Bottoms, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
ABSENT:Michael Julian Bond
May 19, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Councilmember Hall stated the condition was not met for resolution 14-R-3508, therefore, made a Motion to Table. Without Objection, the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.

TABLED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

RESULT:TABLED [11 TO 0]Next: 6/2/2014 1:00 PM
MOVER:Kwanza Hall, Councilmember, District 2
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Natalyn Mosby Archibong, Howard Shook, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Ivory Lee Young Jr., Cleta Winslow, Alex Wan
AWAY:Yolanda Adrean
Jun 2, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

At the Full Council Meeting held May 19, 2014, Councilmember Hall stated the condition was not met for resolution 14-R-3508, therefore, made a Motion to Table. Without Objection, the Motion CARRIED by a roll call vote of 11 yeas; 0 nays. During this meeting, Councilmember Hall made a Motion for the item to remain Tabled. It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:TABLED [UNANIMOUS]Next: 6/16/2014 1:00 PM
MOVER:Kwanza Hall, Councilmember, District 2
AYES:Michael Julian Bond, 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
ABSENT:Mary Norwood
Jun 16, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Initially, 14-R-3508 was Tabled at the Full Council Meeting held May 19, 2014, by Motion of Councilmember Hall due to conditions not being met. Subsequently, the meeting held June 02, 2014, Councilmember Hall made a Motion for the item to remain Tabled. It was properly Seconded and then CARRIED by a roll call vote of 14 yeas; 0 nays. During this meeting, a Motion was made to remove 14-R-3508 from the Table. It was properly Seconded and CARRIED by a roll call vote of 12 yeas; 0 nays. The item was then before Council. Following, a Motion to Refer to Community Development/Human Resources Committee was moved. It was properly Seconded and CARRIED by a roll call vote of 12 yeas; 0 nays.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [12 TO 0]
MOVER:Kwanza Hall, Councilmember, District 2
AYES:Mary Norwood, Andre Dickens, Carla Smith, 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:Kwanza Hall, Cleta Winslow
AWAY:Michael Julian Bond
Jun 24, 2014 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft

SUBSTITUTE

RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
AYES:Andre Dickens, Michael Julian Bond, Keisha Lance Bottoms, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
ABSENT:Ivory Lee Young Jr.
Jul 7, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Resolution 14-R-3508 was removed from the Consent Agenda by request of Councilmember Archibong. Following, Chairperson Dickens made a Motion to amend the legislation to attach exhibits. Without Objection, the Dickens' Amendment CARRIED by a roll call vote of 12 yeas; 0 nays. Mr. Dickens then made a Motion to Adopt as Amended. It was properly Seconded and CARRIED by a roll call vote of 13 yeas; 0 nays.

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

RESULT:ADOPTED SUBSTITUTE AS AMENDED [13 TO 0]
MOVER:Kwanza Hall, Councilmember, District 2
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, 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
AWAY:Mary Norwood, Kwanza Hall