City of Atlanta
Georgia

Ordinance
16-O-1501
Adopted Substitute as Amended
Oct 3, 2016 1:00 PM

AN ORDINANCE BY COUNCILMEMBERS KWANZA HALL AND ALEX WAN AS SUBSTITUTED BY FULL COUNCIL AUTHORIZING THE CHIEF PROCUREMENT OFFICER, OR HIS
DESIGNEE, ON BEHALF OF THE DEPARTMENT OF POLICE AND DEPARTMENT
OF FIRE RESCUE, TO NEGOTIATE, IN ACCORDANCE WITH SEC. 2-1541 OF THE
CITY CODE, FOR THE ACQUISITION OF FEE SIMPLE TITLE TO PROPERTY
LOCATED AT 475 PEACHTREE STREET PARCEL IDENTIFICATION NUMBER 14
0050 0004 026 1; AND 463 PEACHTREE STREET PARCEL IDENTIFICATION
NUMBER 14 0050 0004 038 6; AND 464 COURTLAND STREET, NE PARCEL
IDENTIFICATION NUMBER 14 0050 0004 040 2; (INDIVIDUALLY A "PROPERTY"
AND COLLECTIVELY, THE "PROPERTIES") FOR THE PURPOSE OF PROVIDING
A POLICE AND FIRE FACILITY; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall, Councilmember, District 6 Alex Wan
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 32 475 PEACHTREE ST
  3. 16O1501

Body

WHEREAS, the City of Atlanta Police Department ("APD") and Atlanta Fire Rescue Department ("AFRD") have identified the need for additional property to address operational needs; and

 

WHEREAS, data shows that almost 50% of all emergency calls to AFRD occur within the five minute nine second travel time benchmark of the Properties; and

 

WHEREAS, AFRD Station 15 is currently responsible for an area from Roswell Road and Peachtree Street south to Edgewood A venue resulting in a higher number of calls than any other

station; and

 

WHEREAS, APD needs a new location for its Special Weapons and Tactics ('SWAT') Team, Special Operations Section and storage of barriers used for special events; and

 

WHEREAS, APD's SWAT team is not currently located in a centralized location in the City of Atlanta ("City"); and

 

WHEREAS, best practices show that having SWAT team in a more centralized location is more

efficient in handling high intensity emergency situations of domestic or international origin; and

 

WHEREAS, Relocating the SWAT team to this new location will allow it to report to an incident anywhere within the City in fourteen minutes or less increasing the ability to deescalate situation in a more efficient timeframe; and

 

WHEREAS, it will be beneficial to the citizens to have a central location to obtain information under the control of the Special Operations Section including information related to accident investigations; and

 

WHEREAS, a central location of barriers and crowd control devices will make operations  considerably more efficient for APD and the City due to most events being situated in the downtown or midtown area of the City; and

 

WHEREAS, SunTrust Bank (successor to Trust Company Bank) as Sole Trustee and PH & Sons Holdings, LLC (according to Fulton County Board of Assessors) owns the Property located at 463 Peachtree Street, (Parcel 14 0050 0004 038 6); and

 

WHEREAS, Premium Funding Solutions, LLC (according to Fulton County Board of Assessors) owns the Property located at 475 Peachtree Street, (Parcel 14 0050 0004 026 1); and

 

WHEREAS, Rector, Wardens and Vestry of St. Luke's Church, Inc., Inc. (according to the Fulton County Board of Assessors) and SunTrust Bank (successor to Trust Company Bank) as Sole Trustee in the Property located at 464 Courtland Street NE a/k/a 451 Peachtree Street (Parcel 14 0050 0004 040 2); and

 

 

 

 

WHEREAS, pursuant to Ordinance 15-0-1549, the proper due diligence was performed and it has been determined that this location is the most ideal location for a Police and Fire facility in terms of operational efficiency, best practices and cost effectiveness; and

 

WHEREAS, the City desires to acquire the Properties for use as a police and fire facility to improve public safety in the surrounding area; and

 

WHEREAS, to acquire the Properties, it is necessary for the City to negotiate with the Property owners and any party having a legal claim to ownership of the Properties; and

 

WHEREAS, if negotiations are unsuccessful, further authorization will be obtained from the Atlanta City Council to take the necessary steps to condemn the Properties pursuant to the Special Master Method, O.C.G.A. § 22-2-100 et seq. or other condemnation method, as may be appropriate, pursuant to O.C.G.A. §22-2-1, et seq.

 

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA,

HEREBY ORDAINS, AS FOLLOWS:

 

Section 1. Pursuant to Section 2-1541 of the City Code, the Chief Procurement Officer, or his designee, is authorized to negotiate an agreement to acquire good and marketable fee simple title to 463 Peachtree Street (Parcel 14 0050 0004 038 6) as depicted on Exhibit "A", 475 Peachtree Street (Parcel 14 0050 0004 026 1) as depicted on Exhibit "B" and 464 Courtland Street NE, (Parcel 14 0050 0004 040 2) as depicted on Exhibit "C" hereto with each person with a legal claim to said Properties, at a purchase price no greater than fair market value.

 

Section 2. The Chief Procurement Officer, or his designee, shall make every reasonable effort to

acquire fee simple title to the Properties by negotiation.

 

Section 4. Pursuant to 2-1541 (c), the Chief Procurement Officer, or his designee, shall, before initiation of negotiation for fee simple title to each Property, establish the amount he believes constitutes just compensation and prepare an offer to purchase real estate which shall set the purchase price offered at no less than the fair market value of each the Property, which fair market value shall be based on the appraisal. The offer along with a written summary of, and the

basis for, the amount he establishes as just compensation, shall be sent to the owners of the Property by registered or certified mail, and thereafter the Chief Procurement Officer or his designee shall negotiate the offer with the owners of each property, as necessary, to obtain fee simple title to each property.

 

Section 5. All costs related to Section 3 above, the negotiation for, and acquisition of 463 and

475 Peachtree Street and 464 Courtland St. NE, as authorized by this Ordinance shall be in an

amount not to exceed the fair market value.

 

Section 6. Pursuant to Section 2-1541(d) of City Code, if there is an agreement as to the fair market value of the Property and the owners signs the agreement and the Chief Procurement Officer, or his designee, signs the option on behalf of the City, the Chief Procurement Officer or

his designee shall prepare a resolution for adoption by the city council and approval of the

mayor, which shall authorize the acceptance of the agreement by the City.

 

Section 7: The Mayor, on behalf of the City, is authorized to execute any and all deeds, instruments or other documents that the Department of Law deems necessary or advisable in order to carry into effect the intent of this Ordinance.

 

Section 8: The City Attorney is hereby directed to prepare for execution by the Mayor, any and all deeds, instruments, or other documents that the City Attorney deems necessary or advisable to

carry into effect the intent of this Ordinance.

 

Section 9: Said deeds, instruments, or other documents shall not become binding upon the City, and the City shall incur no liability thereunder, until the same has been approved by the City Attorney as to form, attested to by the Municipal Clerk, and signed by the Mayor.

 

Section 10. If the negotiations are unsuccessful, further authorization will be obtained from the Atlanta City Council to take the necessary steps to condemn the Properties pursuant to the Special Master Method, O.C.G.A. § 22-2-100 et seq. or other condemnation method, as may be appropriate, pursuant to O.C.G.A. §22-2-1, et seq

 

Section 11: All ordinances and parts of ordinances in conflict herewith are hereby waived for purposes of this ordinance only, and only to the extent of the conflict.

 

 

Meeting History

Sep 14, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [6 TO 0]
MOVER:Alex Wan, Chair, District 6
SECONDER:Clarence "C. T." Martin, District 10
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Natalyn Mosby Archibong, Clarence "C. T." Martin, Andre Dickens
ABSTAIN:Felicia A Moore
Sep 19, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Wan made a Substitute Motion to Table Ordinance 16-O-1501. It was Seconded by Councilmember Hall and the Motion CARRIED by a roll call vote of 13 yeas; 1 nay. However, Councilmember Moore made a Motion to remove the ordinance from the Table. The Motion FAILS due to the lack of a Second.

TABLED BY A ROLL CALL VOTE OF 13 YEAS; 1 NAY

RESULT:TABLED [13 TO 1]Next: 10/3/2016 1:00 PM
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Felicia A Moore
AWAY:Carla Smith
Oct 3, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Councilmember Wan made a Motion to remove Ordinance 16-O-1501 from the Table. It was Seconded by Councilmember Winslow and CARRIED by a roll call vote of 14 yeas; 0 nays. The item was before Council. Mr. Wan then made a Motion to bring forth a Substitute. It was Seconded by Councilmember Winslow and the Motion CARRIED by a roll call vote of 12 yeas; 2 nays. The Substitute was before Council. Following, Councilmember Norwood made a Motion to Amend by deleting parcels 463 Peachtree Street and 464 Courtland Street from the legislation. It was Seconded by Councilmember Bond and the Motion FAILED by a roll call vote of 4 yeas; 10 nays. The Substitute was back before Council. After which, Councilmember Wan made a Motion to amend the legislation by changing shall to "will". It was Seconded by Councilmember Bond and CARRIED by a roll call vote of 13 yeas; 1 nay. Thereafter, Councilmember Hall made a Motion to Adopt on Substitute as Amended. It was Seconded by Councilmember Wan and the Motion CARRIED by a roll call vote of 13 yeas; 1 nay.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 1 NAY

RESULT:ADOPTED SUBSTITUTE AS AMENDED [13 TO 1]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Felicia A Moore
ABSENT:Howard Shook