City of Atlanta
Georgia

Resolution
16-R-3715
Adopted Substitute
Jul 5, 2016 1:00 PM

A RESOLUTION BY COUNCILMEMBERS YOLANDA ADREAN, FELICIA MOORE, MARY NORWOOD, IVORY LEE YOUNG, JR. AND ANDRE DICKENS AS SUBSTITUTED BY COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE CONSENTING TO THE CREATION OF THE WESTSIDE/HOWELL MILL 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 8 Yolanda Adrean, Council President Felicia A Moore, Councilmember, District 3 Ivory Lee Young Jr., Councilmember, Post 2 At-Large Mary Norwood, Councilmember, Post 3 At Large Andre Dickens
Category:Personal PaperFunctions:None Required

Body

WHEREAS, by Act of the Georgia General Assembly, 1991 Ga. Laws 3653 as amended, the General Assembly enacted the Atlanta Community Improvement District Act (the “Act”); and
 

WHEREAS, a majority of the owners of real property within a proposed Westside/Howell Mill Community Improvement District ("CID"), as shown on the map attached hereto as Exhibit "A" and list of tax parcels attached hereto as Exhibit "B", and incorporated herein by reference, which real property will be subject to taxes, fees, and assessments levied by the District Board, have consented in writing to the creation of a Westside/Howell Mill CID with boundaries as shown on the above-referenced map; and

 

WHEREAS, the owners of real property within the proposed CID which constitutes at least 75 percent 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 Fulton County ad valorem tax digest, have consented in writing to the creation of the Westside/Howell Mill CID, with boundaries as shown on the above-referenced map and list; and

 

WHEREAS, the Fulton County Tax Commissioner has certified the aforesaid written consents are satisfactory in compliance with the Act for the creation of the Westside/Howell Mill CID, said Certification of Compliance being attached as Exhibit "C"; and

 

WHEREAS, the Atlanta City Council has determined that the activation of the Westside/Howell Mill CID would enhance and supplement certain governmental services and facilities within said district and would be in the best interest of the citizens of Atlanta.

 

NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

 

SECTION 1.              The City of Atlanta, Georgia, consents to the creation of a CID to be known as the Westside/Howell Mill Community Improvement District comprising the geographical area as shown on the map and list attached hereto as Exhibit "A" and Exhibit "B", respectively, for the provision of the following governmental services and facilities:

 

1)              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 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;

 

2)              Parks and recreation areas and facilities;

 

 

3)              Storm water and sewage collection and disposal systems;

 

4)              Development, storage, treatment, purification, and distribution of water;

 

 

5)              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, or to provide bicycle and pedestrian facilities, and the operation of a Traffic Management Association or similar entity;

 

6)              Parking facilities; and

 

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

 

 

SECTION 2.              The City Council relies on the facts certified by the Tax Commissioner of Fulton County as to the satisfaction of conditions relating to the consent of property owners and 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.

 

SECTION 3.              Any projects and activities which may be undertaken by the CID will be governed by such conditions as will ensure their compatibility with adopted City policies in planning for the area.

 

SECTION 4.              The City will make its appointments to the Westside/Howell Mill CID Board in accordance with the Act.

 

SECTION 5.              A caucus of electors, as defined in the Act, shall be held on August 15, 2016 at 5 Seasons Westside, 1000 Marietta Street, NW, Atlanta, GA for the purpose of electing six (6) District Board Members. Notice of said caucus shall be given to electors as set forth in the Act.  Registration shall begin at 11:00 a.m. and conclude fifteen (15) minutes later, with the election occurring immediately thereafter. A representative of the City of Atlanta Law Department will preside at the election.

 

SECTION 6.              All District Board Members shall take an oath of office upon election to faithfully administer their duties under the Act.

 

SECTION 7.  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 "D" 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

Jun 6, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jun 14, 2016 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Natalyn Mosby Archibong, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
ABSENT:Michael Julian Bond
Jun 20, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 28, 2016 12:30 PM Video Community Development & Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
Jul 5, 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 Dickens made a Motion to Send Resolution 16-R-3715 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 Sheperd and then CARRIED by a roll call vote of 14 yeas; 0 nays.

RESULT:ADOPTED SUBSTITUTE [13 TO 0]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Yolanda Adrean
AWAY:Kwanza Hall