City of Atlanta
Georgia

Resolution
16-R-3837

A RESOLUTION BY COUNCILMEMBER KWANZA HALL AUTHORIZING THE MAYOR, OR HIS DESIGNEE, ON BEHALF
OF THE CITY OF ATLANTA, TO EXECUTE AN ENCROACHMENT AGREEMENT WITH RED PHONE BOOTH HOSPITALITY GROUP, LLC., OWNER OF AMALFI PIZZA, FOR THE INSTALLATION OF THREE (3) AWNINGS AND ONE (1)
BUSINESS IDENTIFICATION SIGN THAT IS TWELVE (12) FEET ABOVE THE SIDEWALK AND PROJECTS THREE (3) FEET AND (9-7/8) INCHES OVER THE PUBLIC RIGHT-OF-WAY AT 17 ANDREW YOUNG INTERNATIONAL BOULEVARD, ATLANTA, FULTON COUNTY, GEORGIA 30303; 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. 12 RED PHONE BOOTH
  3. 16r3837

Body

WHEREAS, Red Phone Booth Hospitality Group, LLC., Owner of Amalfi Pizza ("Owner") proposes to install three (3) awnings and one (1) business identification sign that is twelve (12) feet above the sidewalk and projects three (3) feet and (9-7/8) inches over the public right- of way abutting its property at 17 Andrew Young International Boulevard, Atlanta, Fulton County,

Georgia 30303 (the "Property"); and

 

WHEREAS, the Owner proposes to install three (3) awnings and one (1) business identification

sign; a business identification sign that is twelve (12) feet above the sidewalk and projects three

(3) feet and (9-7/8) inches over the public right- of-way and three (3) awnings (the "Signs"); and

 

WHEREAS, the Owner has submitted an application to the City of Atlanta ("City") Department of Public Works for a permit to place the Signs in the public right-of-way; and

 

WHEREAS, the City's Code of Ordinances, at Sections 138-20, 138-22 and 138-24, requires that an encroachment agreement be entered into between the City and the Owner for authorization to allow the Owner to install and maintain the Signs in the public right-of-way; and

 

WHEREAS, the Commissioner of the Department of Public Works has reviewed the plans for

the Signs and has determined that the encroachments within the right-of-way will not adversely

impact the ability of the affected right-of-way to handle vehicular or pedestrian traffic or otherwise to perform its intended public function; and

 

WHEREAS, the plans for said Signs will be submitted to the Urban Design Commission for

review and comment, if applicable; and

 

WHEREAS, the Owner has agreed to conform to conditions set out in the City's Code of Ordinances at Sections 138-20, 138-24, and 138-24.

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

ATLANTA, GEORGIA, that the Mayor or his designee is authorized, on behalf of the City, to

enter into an Encroachment Agreement for Nonconforming Uses (the "Encroachment Agreement"), as outlined in Section 138, Article II, of the City's Code of Ordinances with the Owner for the purpose of granting the Owner the right to install and to thereafter maintain one (1) new business identification sign and three (3) awnings in the public right-of-way, as depicted

in Exhibit "A" attached hereto and incorporated herein by reference, in a form approved by the City Attorney or her designee and pursuant to the conditions determined by the Commissioner of

the Department of Public Works to be in the best interest of the City.

 

BE IT FURTHER RESOLVED, that the plans and specifications for the permit to install and

maintain said Signs shall be submitted for the review and approval of the Commissioner of the

Department of Public Works.

 

BE IT FURTHER RESOLVED, that the Owner shall indemnify the City for any damages to persons or properties resulting from the erection and maintenance of said Signs and such indemnification shall be set forth in the Encroachment Agreement.

 

BE IT FURTHER RESOLVED, that the Owner shall comply with the conditions set out at Sections 138-20, 138-22, and 138-24 of the City's Code of Ordinances.

 

BE IT FURTHER RESOLVED, that the City Attorney or her designee is directed to prepare an

the Encroachment Agreement, acceptable as to form, for execution by the Mayor or his designee

and the Owner.

 

BE IT FINALLY RESOLVED, that the Encroachment Agreement shall not become binding upon the City, and the City shall incur neither obligation nor liability thereunder until such Encroachment Agreement has been approved as to form by the City Attorney or her designee, executed by the Mayor or his designee, attested to by the Municipal Clerk, and delivered to the Owner.

Meeting History

Jun 20, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jun 28, 2016 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Clarence "C. T." Martin, Yolanda Adrean, Andre Dickens, Howard Shook, Alex Wan, Joyce M Sheperd
Jul 5, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

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

RESULT:ADOPTED [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