PERSONAL PAPERS and COMMUNICATIONS PACKAGE JAN 06, 2020
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TP/Skock -2nc fRi. Meeting Date: Meeting Type: Regular j Special Call 0
AT KUL
AN'N'A 4
(... ALL
ITY COUNCI
Convening djournine
FLicia A, Moire President of Codncil
! I 1
Michael Julian Bond
COUNCiLM -:MBERS
Post I At Large
Post
Post
Matt Westmoreland 2 At Large
Andre Dickens 3 At Large
Carla Smith Council District I
Amir Council
R. Farokhi District 2
Antonio Council
Brown District 3
Cleta Winslow Council District 4
Natalyn Council
Mosby Archibong District 5
, A b 56111--
,Jennifer Council
N. 1de District 6
Howard Shook Council District 7
.I.P. Council
Matzigkeit District 8
Dustin Council
Hillis District 9
Andrea L. Boone Council District 10
Marci Collier Overstreet Council District 11
1--- Joyce M. M. Sheperd Council District 12
TOTAL 1 5
Convening Time:
Adjourning Time:
* = Arrived after convening roll call E = Excused
Meeting Date:
Meeting Type: Regular 0
ROLL ATLANTA CT
Special LA 0
CALL FY COUNCII
I Convening Adjourning
Felicia A. Moore President of CounLil
COUNCILNii-AMERS
Michael Julian Bond Post I At Large _ - Matt Westmoreland Post 2 At Large
Andre Dickens Post 3 At Large
Carla Smith Council District I 1
Amir R. Farokhi Council District 2
Council District 3
Antonio Brown I '
Cleta Winslow Council District 4
Natalyn Mosby Nrehibong Council District A b."23ett--11 .Jennifer N. fde Council District t,
Howard Shook c outwit District 7
Matzigkeit Council District 8
1 Dustin Hillis Council District 9
Andrea L. Boone Council District 10
Marti Collier Overstreet Council District 1 I
Joyce M. Sheperd Council District 12
H
/L TOTAL
Convening Time:
Adjourning lime:
* Arri.cd after con\ cuing roll call F - Excused
40 41-4-T+
A RESOLUTION BY COUNCILMEMBER HOWARD SHOOK
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO CERTAIN QUALIFIED FINANCIAL CONTRACTS WITH WELLS FARGO BANK, N.A.; AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta ("City") has entered into certain qualified financial contracts ("QFC") with Wells Fargo Bank, N.A. ("Bank-); and
WHEREAS, new regulations have been promulgated by the United States government concerning QFCs; and
WHEREAS, the Bank has requested that the City enter into an amendment to QFCs between the City and the Bank; and
WHEREAS, the City Attorney considers it is in the best interest of the City to bring QFCs into compliance with current regulations; and
WHEREAS, the City Attorney recommends that executing the amendment is in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY RESOLVES AS FOLLOWS, that the Mayor is hereby authorized to execute the Amendment to Amend Certain Qualified Financial Contracts ("Amendment") in substantially final form as shown in Exhibit A, attached hereto.
BE IT FINALLY RESOLVED that the Amendment will not become binding on the City until executed by the Bank and the Mayor and delivered to the Bank.
r
lir AGREEMENT TO AMEND CERTAIN QUALIFIED FINANCIAL CONTRACTS II IP
This AGREEMENT TO AMEND CERTAIN QUALIFIED FINANCIAL CONTRACTS (this "Agreement-) is entered into as of December 18, 2019 (the "Execution Date-) by and among Wells Fargo Bank, N.A. and each of its BHCA Affiliates listed on the signature pages hereof (together with Wells Fargo Bank, N.A. and any additional BHCA Affiliates of Wells Fargo Bank, N.A. that execute a Joinder Agreement, the "Covered Entity Group"), and City of Atlanta, Georgia (-Counterparty"), and each of its Counterparty Affiliates listed on the signature pages hereof (together with Counterparty and any additional Counterparty Affiliates of Counterparty that execute a Joinder Agreement, the "Counterparty Group").
Capitalized terms used but not otherwise defined herein have the meanings specified in the Appendix.
RECITALS
1. The Covered Entity Group is subject to the requirements of the QFC Stay Rules. These rules require that all Covered Agreements between members of the Covered Entity Group and members of the Counterparty Group be amended to expressly recognize the stay-and-transfer powers of the FDIC under the FDI Act and OLA and limit the exercise of certain default rights and transfer restrictions related to a BHCA Affiliate of a Covered Entity entering into insolvency or resolution proceedings.
2. Under the QFC Stay Rules, if members of the Covered Entity Group enter into new QFCs with members of the Counterparty Group after January 1, 2019, all existing Covered Agreements between members of the Covered Entity Group and the Counterparty Group must be amended to comply with the requirements of the QFC Stay Rules by the Applicable Compliance Date.
3. The Parties wish to enter into this Agreement to amend the Covered Agreements on the terms provided herein in order to comply with requirements of the QFC Stay Rules.
Now, therefore, the Parties hereto agree as follows:
SECTION 1 RECOGNITION OF U.S. SPECIAL RESOLUTION REGIMES
Each Covered Agreement shall be modified as follows:
1.1. Recognition of U.S. Special Resolution Regimes.
(a) In the event that a Covered Entity becomes subject to a proceeding under the FD1 Act or OLA (together, the "U.S. Special Resolution Regimes"), the transfer of the Covered Agreement, and any interest and obligation in or under, and any property securing, the Covered Agreement, from a Covered Entity will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if the Covered Agreement, and any interest and obligation in or under, and any property securing, the Covered Agreement, were governed by the laws of the United States or a State of the United States. In the event a Covered Entity or a BHCA Affiliate of such Covered Entity becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights with respect to the Covered Agreement that may be exercised against the Covered Entity are permitted to be exercised to no greater extent than such Default Rights could be exercised under such U.S. Special Resolution Regime if the Covered Agreement were governed by the laws of the United States or a State of the United States.
The terms of this Section 1.1 shall not apply to any Covered Agreement described in 12 2.83(a), 12 C.F.R. 382.3(a) or 12 C.F.R. 47.4(a).
' A
SECTION 2 LIMITATIONS ON EXERCISE OF CERTAIN DEFAULT RIGHTS
Each Covered Agreement shall be modified as follows:
2.1. Limitation on Exercise of Certain Default Rights Related to a BHCA Affiliate's Entry Into Insolvency Proceedings. Notwithstanding anything to the contrary in the Covered Agreement or any other agreement, the Parties expressly acknowledge and agree that:
(a) Subject to Sections 2.2, 2.3 and 2.4, a Counterparty Entity shall not be permitted to exercise any Default Right with respect to such Covered Agreement that is related, directly or indirectly, to a BHCA Affiliate of the Direct Party becoming subject to an Insolvency Proceeding, and
(b) Nothing in a Covered Agreement shall prohibit the transfer of any Covered Affiliate Credit Enhancement, any interest or obligation in or under such Covered Affiliate Credit Enhancement, or any property securing such Covered Affiliate Credit Enhancement to a Transferee upon or following a BHCA Affiliate of the Direct Party becoming subject to an Insolvency Proceeding, unless the transfer would result in the Counterparty Entity being the beneficiary of such Covered Affiliate Credit Enhancement in violation of any law applicable to the Counterparty Entity.
2.2. General Creditor Protections. Nothing in Section 2.1 shall restrict the exercise by a Counterparty Entity of any Default Right with respect to a Covered Direct QFC or a Covered Affiliate Credit Enhancement that supports a Covered Direct QFC that arises as a result of:
(a) the Direct Party becoming subject to an Insolvency Proceeding;
(b) the Direct Party not satisfying a payment or delivery obligation pursuant to (A) such Covered Agreement or (B) another contract between the relevant Covered Entity and the relevant Counterparty Entity that gives rise to a Default Right in the Covered Agreement, or
(c) the failure of a Covered Affiliate Support Provider, or any Transferee thereof, to satisfy a payment or delivery obligation pursuant to any Covered Affiliate Credit Enhancement that supports the Covered Direct QFC.
2.3. Additional Creditor Protections. With respect to a Covered Direct QFC that is supported by a Covered Affiliate Credit Enhancement, nothing in Section 2.1 shall restrict the exercise by a Counterparty Entity after the QFC Stay Period of a Default Right that is related, directly or indirectly, to a Covered Affiliate Support Provider becoming subject to an Insolvency Proceeding if:
(a) the Covered Affiliate Support Provider that remains obligated under the Covered Affiliate Credit Enhancement becomes subject to an Insolvency Proceeding other than a Chapter 11 Proceeding;
(b) subject to Section 2.4, the Transferee, if any, becomes subject to an Insolvency Proceeding;
(c) the Covered Affiliate Support Provider does not remain, and a Transferee does not become, obligated to the same, or substantially similar, extent as the Covered Affiliate Support Provider was obligated immediately prior to entering such Insolvency Proceeding with respect to:
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f;• ••• • • 4 • - ,411
• .;MI, (i) such Covered Affiliate Credit Enhancement;
(ii) all other Covered Affiliate Credit Enhancements provided by the Covered Affiliate Support Provider in support of other Covered Direct QFCs between the Direct Party and the supported Counterparty Entity under the Covered Affiliate Credit Enhancement referenced in (i) above; and
(iii) all Covered Affiliate Credit Enhancements provided by the Covered Affiliate Support Provider in support of Covered Direct QFCs between the Direct Party and Counterparty Affiliates of the supported Counterparty Entity referenced in (ii) above; or
(d) in the case that the Covered Affiliate Credit Enhancement is transferred to a Transferee:
(i) all of the ownership interests of the Direct Party directly or indirectly held by the Covered Affiliate Support Provider are not transferred to the Transferee; or
(ii) reasonable assurance has not been provided that all or substantially all of the assets of the Covered Affiliate Support Provider (or net proceeds therefrom), excluding any assets reserved for the payment of costs and expenses of administration in the Insolvency Proceeding, will be transferred or sold to the Transferee in a timely manner.
2.4. Limitation on Exercise of Certain Default Rights Upon Entry of a BHCA Affiliate Into FDI Act Proceedings. Notwithstanding anything to the contrary in Sections 2.1, 2.2 or 2.3, with respect to a Covered Direct QFC that is supported by a Covered Affiliate Credit Enhancement, the Counterparty Entity supported by such Covered Affiliate Credit Enhancement may exercise a Default Right that is related, directly or indirectly, to the Covered Affiliate Support Provider becoming subject to proceedings under the FDI Act:
(a) after the FDI Act Stay Period, if such Covered Affiliate Credit Enhancement is not transferred pursuant to 12 U.S.C. 1821(e)(9)—(e)(10) and any regulations promulgated thereunder; or
(b) during the FDI Act Stay Period, if the Default Right may only be exercised so as to permit such Counterparty Entity to suspend performance with respect to such Counterparty Entity's obligations under the Covered Direct QFC to the same extent as such Counterparty Entity would be entitled to do so if the Covered Direct QFC were with such Covered Affiliate Support Provider and were treated in the same manner as such Covered Affiliate Credit Enhancement.
2.5. Scope of Application of Sections 2.1, 2.2, 2.3 and 2.4. The terms of Sections 2.1, 2.2, 2.3 and 2.4 shall not apply to any Covered Agreement described in 12 C.F.R. 252.84(a), 12 C.F.R. 382.4(a) or 12 C.F.R. 47.5(a).
2.6. Burden of Proof. After a BHCA Affiliate of a Covered Entity has become subject to an Insolvency Proceeding, a Counterparty Entity that seeks to exercise any Default Right with respect to a Covered Agreement with such Covered Entity shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted under the Covered Agreement, as amended hereby)
' See 12 C.F.R. 47.5(1); 12 C.F.R. 252.84(i); 12 C.F.R. 382.4(i).
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2.7. Relationship Between Sections 1 and 2. The requirements of Section I apply notwithstanding Sections 2.2, 2.3 and 2.4.
SECTION 3 REPRESENTATIONS AND UNDERTAKINGS
3.1. Each Counterparty Entity represents to each Covered Entity with which it has entered into a Covered Agreement or to which it has provided or from which it has received a Covered Agreement, and each Covered Entity represents to each Counterparty Entity with which it has entered into a Covered Agreement or to which it has provided or from which it has received a Covered Agreement, that, as of the date such Person became a Party:
(a) Status. It is, if relevant, duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation and, if relevant under such laws, in good standing or, if it otherwise represents its status in or pursuant to the Covered Agreement, has such status.
(b) Powers. It has the power to execute and deliver this Agreement and to perform its obligations under this Agreement and the Covered Agreement as amended by this Agreement, and has taken all necessary action to authorize such execution, delivery and performance.
(c) No Violation or Conflict. Such execution, delivery and performance do not violate or conflict with any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets.
(d) Consents. All governmental and other consents that are required to have been obtained by it with respect to this Agreement and the Covered Agreement, as amended by this Agreement, have been obtained and are in full force and effect and all conditions of any such consents have been complied with.
(e) Obligations Binding. This Agreement has been duly executed and delivered by it and its obligations under this Agreement and the Covered Agreement, as amended by this Agreement, constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting creditors' rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)).
(f) Credit Support. Its amendment under this Agreement (other than any amendments affecting when rights in respect of a Credit Enhancement or Third Party Credit Enhancement may be exercised) will not, in and of itself, adversely affect the enforceability, effectiveness or validity of any obligations owed, whether by it or by any Third Party, under any Credit Enhancement or Third Party Credit Enhancement in respect of its obligations relating to the Covered Agreement as amended by this Agreement.
3.2. [Intentionally Omitted]
3.3. In the case of a Covered Agreement that contains a Default Right based on a misrepresentation or other analogous provision, the Parties hereto agree that, for purposes of such provisions, each of the foregoing representations will be deemed to be a representation under such Covered Agreement that is made as of the date on which such Party executes this Agreement.
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3.4. Each Counterparty Entity and Covered Entity agrees to do all such further things and execute such further documents as the other may reasonably request to ensure that this Agreement and the amendments described herein extend to, and are effective and enforceable under applicable law with respect to, all Covered Agreements to which such Counterparty Entity is a party or provided by or to such Counterparty Entity. Without limiting the generality of the foregoing, with respect to any Covered Agreement between a Covered Entity and a Counterparty Entity to which a Third Party is also a party, each such Counterparty Entity and Covered Entity agrees (i) that this Agreement amends and modifies the rights of the Counterparty Entity under such Covered Agreement on the terms provided herein as between such Counterparty Entity and Covered Entity, and (ii) to exercise any rights it may have to direct such Third Party to execute such further documents as may be necessary to give effect to the provisions of this Agreement.
3.5. With respect to any Covered Agreement or Third Party Credit Enhancement that expressly requires the consent, approval, agreement, authorization or other action (each, a "consent-) of a Third Party to be obtained, each Party whose obligations under such arrangements are secured, guaranteed or otherwise supported by such Third Party Credit Enhancement undertakes that it has obtained the consent of such Third Party and that it will, upon demand, deliver evidence thereof. To the extent any such required consent has not been obtained, the relevant Covered Agreement supported by such Third Party will not be amended hereby. Each Party that is also a Third Party in relation to a Third Party Credit Enhancement is hereby deemed to have consented to the amendments imposed by this Agreement on the Covered Agreements supported by such Third Party Credit Enhancement.
3.6. Notwithstanding any provision in a Covered Agreement to which a Third Party is also a party or a Third Party Credit Enhancement that, in each case, expressly requires the consent of, or a writing signed by, all parties (including a Third Party) in order to amend such Covered Agreement or Third Party Credit Enhancement, each Party agrees and consents to (i) amend such Covered Agreement or Third Party Credit Enhancement as herein provided; (ii) such Third Party providing its consent to such amendment in a separate writing; and (iii) the amendment of such Covered Agreement or Third Party Credit Enhancement as between such Third Party and the relevant Covered Entity in such form as is consistent with this Agreement.
SECTION 4 GENERAL CONDITIONS
4.1. Effectiveness. The amendments contemplated by this Agreement, on the terms and conditions set forth herein, shall become effective between a Counterparty Entity and a Covered Entity as of the applicable Effective Date.
4.2. Entire Agreement; Restatement; Survival.
(a) This Agreement constitutes the entire agreement and understanding of each Party with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect thereto. Each Party acknowledges that in executing this Agreement it has not relied on any oral or written representation, warranty or other assurance (except as provided for or referred to elsewhere in this Agreement) and waives all rights and remedies which might otherwise be available to it in respect thereof, except that nothing in this Agreement will limit or exclude any liability of a Party for fraud.
(b) Except for any amendment made or deemed made pursuant to this Agreement in respect of any Covered Agreement, all terms and conditions of each Covered Agreement will continue in full force and effect in accordance with its provisions as in effect immediately prior to the date on which it first
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.becomes subject to this Agreement. Except as explicitly stated in this Agreement, nothing herein shall constitute a waiver or release of any rights of any Party under any Covered Agreement to which it is a
;party or a provider or recipient of any Credit Enhancement. This Agreement will, with respect to its subject matter, survive, and any amendments made or deemed made pursuant to this Agreement will form a part of each Covered Agreement, notwithstanding any statements in a Covered Agreement to the effect that such Covered Agreement constitutes the entire agreement and understanding between the parties to such Covered Agreement with respect to the subject of such Covered Agreement.
4.3. Amendments. An amendment, modification or waiver in respect of the matters contemplated by this Agreement will be effective in respect of a Covered Agreement only if made in accordance with the terms of the Covered Agreement and then only with effect between the parties to that Covered Agreement (and will only be effective to amend or override the provisions set forth in this Agreement if it expressly refers in writing to this Agreement). No amendment of any provision of this Agreement, other than an amendment pursuant to Section 4.5 below, shall be valid unless made by a document in writing signed by all Parties.
4.4. Subsequent Adherence to the ISDA Protocol. In the event a Counterparty Entity adheres to the ISDA Protocol after becoming a Party hereto, the terms of the ISDA Protocol will supersede and replace the terms of this Agreement with respect to the Counterparty Entity and its Protocol Covered Agreements (as defined under the ISDA Protocol) with all Covered Entities that are adhering parties to the ISDA Protocol.
4.5. Addition of New Parties.
(a) Additional Covered Entities and Counterparty Entities may be added to this Agreement h \ execution and delivery of a Joinder Agreement in the form of Exhibit A hereto.
(b) [Intentionally Omitted]
(c) If Counterparty becomes aware of any Counterparty Affiliate that is not a Party hereto but is a party to one or more Covered QFCs with one or more members of the Covered Entity Group, Counterparty shall use its best efforts to cause such Counterparty Affiliate to execute and deliver a Joinder Agreement or adhere to the ISDA Protocol.
4.6. Governing Law. This Agreement will, as between the Parties and in respect of each Covered Agreement between them or provided by one of them to the other, be governed by and construed in accordance with the laws of the State of New York, without reference to choice of law doctrine, provided that the amendments to each Covered Agreement shall be governed by and construed in accordance with the law specified to govern that Covered Agreement, the rights and obligations of the Covered Agreement will be governed by the law of the State of Georgia and otherwise in accordance with the applicable choice of law doctrine.
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4.7. Notice. Any notice, demand or other communication hereunder. shall he deli% ered in writing and shall be effective upon receipt:
If to any member of the Covered Entity Group, at, or care of:
Wells Fargo Bank, N.A.
45 Fremont Street
30th Floor
MAC A0194-300
San Francisco, CA 94105
Facsimile No.: (877) 564-8524
Attention: Documentation Manager
If to any member of the Counterparty Group, at, or care of, Counterparty at the address specified in writing by Counterparty in its Covered Agreement dated a date most recently to the date of this Agreement
4.8. Headings. The headings used in this Agreement are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting this Agreement.
[Remainder of page intentionally left blank]
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Prn a.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and tzdayered by their proper and duly authorized representatives as of the Execution Date.
City of Atlanta, Georgia
By: Name: Keisha Lance Bottoms Title: Mayor
Counterparty Signature page: Agreement to Amend Certain Qualified Contracts
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and delivered by their proper and duly authorized representatives as of the Execution Date.
Wells Fargo & Company Wells Fargo Bank, N.A. Wells Fargo Securities, LLC Wells Fargo Capital Finance, LLC Wells Fargo Commodities, LLC Wells Fargo Equipment Finance, Inc. Wells Fargo Securities International Limited
By: Name: Title:
Wells Fargo Signature page: Agreement to Amend Certain Qualified Contracts
Appendix
1. Defined Terms. As used in this Agreement, the following terms have the meanings specifiecitelow:
-Applicable Compliance Date" means, (a) for a Covered Entity that was subject to the requirements of the QFC Stay Rules on January 1, 2018, with respect to a Covered Agreement: (1) if the Counterparty Entity is itself subject to the requirements of the QFC Stay Rules, January 1, 2019; (2) if the Counterparty Entity is a Financial Counterparty (other than a Small Financial Institution) that is not itself subject to the requirements of the QFC Stay Rules, July 1, 2019 and (3) if the Counterparty Entity is an entity not described in clause (a)(1) or (aX2) above, January 1, 2020; and (b) for a Covered Entity that becomes subject to the requirements of the QFC Stay Rules after January 1, 2018, with respect to a Covered Agreement: (1) if the Counterparty Entity is itself subject to the requirements of the QFC Stay Rules, the first day of the calendar quarter immediately following one year after the Covered Entity first became subject to the QFC Stay Rule, (2) if the Counterparty Entity is a Financial Counterparty (other than a Small Financial Institution) that is not itself subject to the requirements of the QFC Stay Rules, the first day of the calendar quarter immediately following 18 months from the date the Covered Entity first became subject to the QFC Stay Rule, and (3) if the Counterparty Entity is an entity not described in clause (b)(1) or (bX2) above, the first day of the calendar quarter immediately following two years from the date the Covered Entity first became subject to the QFC Stay Rule.
-BHCA Affiliate" has the same meaning as the term "affiliate" as defined in, and shall be interpreted in accordance with, 12 U.S.C. 1841(k).
"Chapter 11 Proceeding" means a proceeding under Chapter 11 of the United States Bankruptcy Code.
"Consolidated Affiliate- has the same meaning specified in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
"Counterparty Entity" means a Party to this Agreement that is a member of the Counterparty Group.
-Counterparty Group" has the meaning specified in the Recitals hereto.
"Counterparty Affiliate" means a Consolidated Affiliate of a Counterparty Entity.
"Covered Affiliate Credit Enhancement" means a Credit Enhancement provided by a Covered Entity that is a BHCA Affiliate of a Direct Party.
"Covered Affiliate Support Provider" means an obligor on any Covered Affiliate Credit Enhancement, provided that it is not a Transferee.
"Covered Agreement" means:
(a) any Covered Direct QFC that is an In-Scope QFC that has been entered into (or deemed entered into) between a Covered Entity and a Counterparty Entity; or
(b) any Credit Enhancement that is an In-Scope QFC that has been entered into (or deemed entered into) between a Covered Entity and a Counterparty Entity, provided by a Covered Entity to a
Counterparty Entity or provided by a Counterparty Entity to a Covered Entity in respect of a QFC, including without limitation any Covered Affiliate Credit Enhancement;
in each case, on or prior to the Execution Date (or, if later, the date such Counterparty Entity or Covered Entity became a Party to this Agreement), but does not include any QFC that meets one of the exclusions or exemptions contained in 12 C.F.R. 252.88 (a), (c)-(d), 12 C.F.R. 382.7(a), (c)-(d) or 12 C.F.R. 47.8(a), (c)-(d).
"Covered Direct QFC" means a Direct QFC between a Counterparty Entity and a Covered Entity (including all transactions thereunder).
"Covered Entity Group" has the meaning specified in the Recitals hereto.
"Covered Entity" means a Party to this Agreement that is a member of the Covered Entity Group.
-Credit Enhancement- means any credit enhancement or credit support arrangement in support of the obligations of a Covered Entity or a Counterparty Entity under or with respect to a QFC, including any guarantee, collateral arrangement (including any pledge, charge, mortgage or other security interest in collateral or title transfer arrangement), trust or similar arrangement, letter of credit, transfer of margin, reimbursement obligation or any similar arrangement.
"Direct Party" means a Covered Entity that is a party to a Covered Direct QFC.
"Direct QFC' means a QFC that is not a Credit Enhancement. For a QFC that is a master agreement that includes a Covered Affiliate Credit Enhancement as a supplement to the master agreement, the Direct QFC does not include such Covered Affiliate Credit Enhancement.
"Default Right" means, with respect to a Covered Agreement, any:
(a) right of a party, whether contractual or otherwise (including, without limitation, rights incorporated by reference to any other contract, agreement, or document, and rights afforded by statute, civil code, regulation, and common law), to liquidate, terminate, cancel, rescind, or accelerate such agreement or transactions thereunder, set off or net amounts owing in respect thereto (except rights related to same-day payment netting), exercise remedies in respect of collateral or other credit support or property related thereto (including the purchase and sale of property), demand payment or delivery thereunder or in respect thereof (other than a right or operation of a contractual provision arising solely from a change in the value of collateral or margin or a change in the amount of an economic exposure), suspend, delay, or defer payment or performance thereunder, or modify the obligations of a party thereunder, or any similar rights; and
(b) right or contractual provision that alters the amount of collateral or margin that must be provided with respect to an exposure thereunder, including by altering any initial amount, threshold amount, variation margin, minimum transfer amount, the margin value of collateral, or any similar amount, that entitles a party to demand the return of any collateral or margin transferred by it to the other party or a custodian or that modifies a transferee's right to reuse collateral or margin (if such right previously existed), or any similar rights, in each case, other than a right or operation of a contractual provision arising solely from a change in the value of collateral or margin or a change in the amount of an economic exposure;
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orovided that, as used in Sections 2.1, 2.2, 2.3 or 2.4 hereof, the term "Default Right" does not include any right under a contract that allows a party to terminate the contract on demand or at its option at a specified time, or from time to time, without the need to show cause.
References to the -exercise" of a Default Right or the entitlement to exercise" a Default Right shall include the automatic or deemed exercise of a Default Right.
-Effective Date" means, with respect to a Covered Agreement entered into, or provided by or to, a Counterparty Entity, the latest of the Applicable Compliance Date and the date such Counterparty Entity or the relevant Covered Entity becomes a Party to this Agreement.
-Execution Date- has the meaning set forth in the Recitals hereto.
"FD1 Act" means the Federal Deposit Insurance Act and the regulations promulgated thereunder.
FDI Act Stay Period" has the same meaning specified in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
-FDIC" refers to the Federal Deposit Insurance Corporation.
-Financial Counterparty" has the meaning given to such term in. and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
-In-Scope QFC" has the meaning given to such term in, and shall he interpreted in accordance with, 12 C.F.R. 252.82(d), 12 C.F.R. 382.2(d) and 12 C.F.R. 47.3(d).
-Insolvency Proceeding" means a receivership, insolvency, liquidation, resolution, or similar proceeding.
-ISDA" refers to International Swaps and Derivatives Association, Inc.
-ISDA Protocol" means the ISDA 2018 U.S. Resolution Stay Protocol, as published by ISDA as of July 31, 2018.
"Joinder Agreement- means a joinder agreement substantially in the form of Exhibit A hereto.
"OLA" means Title Il of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the regulations promulgated thereunder.
"Party" refers to a Person that is listed on the signature pages hereof as a party to this Agreement, or, in the case of any Person that becomes a party hereto after the Execution Date, listed as a signatory to a Joinder Agreement provided pursuant to Section 4.5.
"Person" includes an individual, bank, corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity.
"QFC" has the meaning assigned to the term -qualified financial contract" as defined in, and shall be interpreted in accordance with, 12 U.S.C. 5390(c)(8)(D).
"QFC Stay Rules" means, (i) with respect to a Covered Entity described in 12 C.F.R. 252.82(b), the regulations that are codified at 12 C.F.R. 252.2, 252.81-8 (the "FRB Rule"); (ii) with respect to a Covered Entity described in 12 C.F.R. 382.2(b), the regulations that are codified at 12 C.F.R. 382.1-7 (the
3
-FDIC Rule"); and (iii) with respect to a Covered Entity described in 12 C.F.R 47.3(b), the regulations that are codified at 12 C.F.R. 47.1-8 (the "OCC Rule"). All references in this Agreement to specific provisiOs of the FRB Rule, the FDIC Rule and the OCC Rule shall be construed, in respect of a Covered Entity or a Covered Agreement to which such Covered Entity is a party or provided by or to such Cbi;ered Entity, to refer to the QFC Stay Rules applicable to such Covered Entity.
-QFC Stay Period" means, in the event of an Insolvency Proceeding, the period of time beginning on the commencement of such Insolvency Proceeding and ending at the later of 5:00 p.m. (Eastern Time) on the first day on which commercial banks in the jurisdiction of the proceeding are open for general business (including dealings in foreign exchange and foreign currency deposits) following the date of the commencement and 48 hours after the commencement of such Insolvency Proceeding.
-Small Financial Institution" has the meaning given to such term in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
-State" means any state, commonwealth, territory, or possession of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, or the United States Virgin Islands.
-Third Party Credit Enhancement" means, with respect to a Party and a Covered Agreement, any Credit Enhancement that is executed or provided by one or more Third Parties (whether or not a Party is also a party thereto), regardless of whether or not such document is identified as a Third Party Credit Enhancement.
-Third Party" means any Person other than the Parties to this Agreement.
"Transferee" means, in respect of a Covered Affiliate Credit Enhancement, a Person to whom such Covered Affiliate Credit Enhancement is transferred upon the Covered Affiliate Support Provider entering Insolvency Proceeding or thereafter as part of the resolution, restructuring, or reorganization involving such Covered Affiliate Support Provider.
"U.S. Special Resolution Regimes" has the meaning set forth in Section 1.1(a).
2. Terms Generally. The definitions of terms herein (including those incorporated by reference to another document) apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. The words -include-, "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The word "will" shall be construed to have the same meaning and effect as the word "shall". Unless the context requires otherwise, (i) any definition of or reference to any agreement, schedule, instrument or other document herein shall be construed as referring to such agreement, schedule, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (ii) any reference herein to any Person shall be construed to include such Person's successors and assigns, (iii) the words "herein", "hereof' and "hereunder", and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (iv) all references herein to Schedules shall be construed to refer to Sections of, and Schedule to, this Agreement, unless otherwise noted, and (v) the word "property" shall be construed to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
4
7.
[Form of] JOINDER AGREEMENT
Exhibit A
This Joinder Agreement (this "Joinder Agreement") to the Agreement to Amend Certain Qualified Financial Contracts dated as of [6], 2018 (as amended and in effect from time to time, the "Agreement") among [Name of G-SIB Entity] and each of its BHCA Affiliates listed on [the signature pages thereto / Schedule 1 thereto"' (together with [Name of G-SIB Entity], "Covered Entity Group")] and [Name of Counterparty Entity] and each of its Counterparty Affiliates listed on the signature pages thereto (together with [Name of Counterparty Entity], "Counterparty Group") is executed and delivered as of [40], 20[0] by the undersigned Person.
Capitalized terms used but not otherwise defined herein are used as defined in the Agreement.
WITNESSETH:
WHEREAS, pursuant to Section 4.5 of the Agreement, any Person that is a Counterparty Affiliate or BHCA Affiliate of a party to the Agreement but that is not itself a party to the Agreement may execute and deliver this Joinder Agreement; and
WHEREAS, the undersigned Person (the "New Party") wishes to become a Party to the Agreement.
NOW, THEREFORE, the New Party hereby agrees as follows:
1. Joinder. In accordance with Section 4.5 of the Agreement, the New Party by its signature to this Joinder Agreement becomes a Party to the Agreement as a [Covered Entity] [Counterparty Entity] with the same force and effect as if originally named therein as a Party. The New Party hereby agrees to all the terms and provisions of the Agreement applicable to it as a [Covered Entity] [Counterparty Entity] thereunder.
2. Representations and Warranties. The New Party hereby represents and warrants that (a) the representations and warranties made by it as a Party to the Agreement are true and correct in all material respects on and as of the date hereof and (b) that [it is a BHCA Affiliate of a Covered Entity that is a Party to the Agreement] [it is a Consolidated Affiliate of a Counterparty Entity that is a Party to the Agreement]. Each reference to a Party in the Agreement shall be deemed to include the New Party.
3. Notice. All notices, requests and demands to or upon the New Party shall be governed by the terms of Section 4.7 of the Agreement.
4. Governing Law. This Joinder Agreement will, as between the New Party and the [Covered Entity Group] [Counterparty Group] and in respect of each Covered Agreement between them or provided by one of them to the other, will be governed by and construed in accordance with the laws of the State of New York, without reference to choice of law doctrine, provided that the amendments to each
2 NTD: Customize depending on het her the Agreement will he signed one member of the G-SIB group as agent for the others.
Cover Ed Agreement shall be governed by and construed in accordance with the law specified to govern that Avered Agreement and otherwise in accordance with the applicable choice of law doctrine.
IN WITNESS WHEREOF, the undersigned has caused this Joinder Agreement to be duly executed and delivered by its duly authorized representative as of the day and year first written above.
[NEW COVERED/ COUNTERPARTY ENTITY]
By: /S/ Name: Title:
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Matt Westmoreland Post 2 At Large
Andre Dickens Post 3 At Large
Carla Smith Council District I
kntir It. Farokhi ouncil District 2
Antonio Brown Council District 3
Cleta Winslow Council District 4
Natalyn Mosby Archibong Council District 5
Jennifer N. Ide Council District 6
Howard Shook Council District 7
Matzigkeit Council District 8
Dustin Hillis Council District 9
Andrea L. Boone Council District 10
Marci Collier Overstreet Council District I 1
Joyce M. Sheperd Council District 12
TOTAL L
eeting Date•
Meeting Type:
VI COk h4
Regular Stpecial Call 0
ROLL CALL ATLANTA CITY COUNCIL
Convening Adjourning
Felicia A. Moore President of Council
COUNCILMEMBERS
Michael .lulian Bond Post I At Large
Convening Time:
Adjourning Time:
* = Arrived after convening roll call
E — Excused
tL Meeting Date: C-)i-D4 Meeting Type: Regular Special Call 0
ROLL CALL ATLANTA CITY COUNCIL
Convening
Felicia A. Moore President of Council
COt NCILMEMBERS
Adjourning
Michael .lulian Bond Post I At Large
Matt Westmoreland Post 2 At Large
kndre Dickens Post 3 At Large
4
Carla Smith Council District I
Amir R. Farokhi ouncil District 2
Antonio Brown Council District 3
Cleta Winslow Council District 4
Natalyn Mosby Archibong Council District 5 bten—V Jennifer N. Ide Council District 6 I ;
Howard Shook Council District 7
Matzigkeit Council District 8
Dustin Hillis Council District 9
Andrea L. Boone Council District 10
Marci Collier Overstreet Council District I I
Joyce M. Sheperd Council District 12
TOTAL
Convening Time:
Adjourning Time:
* = Arrived after comening roll call E = Excused
A RESOLUTION BY COUNCILMEMBER HONIVT SHOOK
FL A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE ELECTION AND RELEASE IN RE LIBOR-BASED FINANCIAL INSTRUMENTS ANTITRUST LITIGATION, MDL NO. 2262, CIVIL ACTION NO. 11-MD-2262 (S.D.N.Y.); AUTHORIZING THE ACCEPTANCE OF A SETTLEMENT OFFER IN THE AMOUNT OF TWO HUNDRED FORTY-FOUR THOUSAND, EIGHT HUNDRED SEVENTY-THREE DOLLARS AND SIX CENTS ($244,873.06); AND FOR OTHER PURPOSES.
WHEREAS, in the matter In Re LIBOR-BASED Financial Instruments Antitrust Litigation, MDL NO. 2262, Civil Action No. 11-MD-2262 (S.D.N.Y.), the City of Atlanta is eligible to share in a settlement fund established pursuant to an out-of-court settlement between UBS AG and 41 State's Attorney General; and
WHEREAS, the settlement offer amount is Two Hundred Forty-Four Thousand, Eight Hundred Seventy-Three Dollars and Six Cents ($244,873.06); and
WHEREAS, the election and release must be executed before January 17, 2020; and
WHEREAS, the City Attorney desires to execute the Election and Release, and
WHEREAS, the City Attorney considers the acceptance of this settlement offer to be in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY RESOLVES AS FOLLOWS, that the City Attorney is hereby authorized to execute the Election and Release in the matter In Re LIBOR-BASED Financial Instruments Antitrust Litigation, MDL NO. 2262, Civil Action No. 11-MD-2262 (S.D.N. Y.), in the total amount of Two Hundred Forty-Four Thousand, Eight Hundred Seventy-Three Dollars and Six Cents ($244,873.06).
A
ve
"v AGREEMENT TO AMEND CERTAIN QUALIFIED FINANCIAL CONTRACTS
This AGREEMENT TO AMEND CERTAIN QUALIFIED FINANCIAL CONTRACTS (this "Agreement") is entered into as of December 18, 2019 (the "Execution Date") by and among Wells Fargo Bank, N.A. and each of its BHCA Affiliates listed on the signature pages hereof (together with Wells Fargo Bank, N.A. and any additional BHCA Affiliates of Wells Fargo Bank, N.A. that execute a Joinder Agreement, the "Covered Entity Group"). and City of Atlanta, Georgia ("Counterparty"), and each of its Counterparty Affiliates listed on the signature pages hereof (together with Counterparty and any additional Counterparty Affiliates of Counterparty that execute a Joinder Agreement, the -Counterparty Group").
Capitalized terms used but not otherwise defined herein have the meanings specified in the Appendix.
RECITALS
1. The Covered Entity Group is subject to the requirements of the QFC Stay Rules. These rules require that all Covered Agreements between members of the Covered Entity Group and members of the Counterparty Group be amended to expressly recognize the stay-and-transfer powers of the FDIC under the FDI Act and OLA and limit the exercise of certain default rights and transfer restrictions related to a BHCA Affiliate of a Covered Entity entering into insolvency or resolution proceedings.
2. Under the QFC Stay Rules, if members of the Covered Entity Group enter into new QFCs with members of the Counterparty Group after January 1, 2019, all existing Covered Agreements between members of the Covered Entity Group and the Counterparty Group must be amended to comply with the requirements of the QFC Stay Rules by the Applicable Compliance Date.
3. The Parties wish to enter into this Agreement to amend the Covered Agreements on the terms provided herein in order to comply with requirements of the QFC Stay Rules.
Now, therefore, the Parties hereto agree as follows:
SECTION 1 RECOGNITION OF U.S. SPECIAL RESOLUTION REGIMES
Each Covered Agreement shall be modified as follows:
1.1. Recognition of U.S. Special Resolution Regimes.
(a) In the event that a Covered Entity becomes subject to a proceeding under the FDI Act or OLA (together, the "U.S. Special Resolution Regimes"), the transfer of the Covered Agreement, and any interest and obligation in or under, and any property securing, the Covered Agreement, from a Covered Entity will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if the Covered Agreement, and any interest and obligation in or under, and any property securing, the Covered Agreement, were governed by the laws of the United States or a State of the United States. In the event a Covered Entity or a BHCA Affiliate of such Covered Entity becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights with respect to the Covered Agreement that may be exercised against the Covered Entity are permitted to be exercised to no greater extent than such Default Rights could be exercised under such U.S. Special Resolution Regime if the Covered Agreement were governed by the laws of the United States or a State of the United States.
ti
4(b) The terms of this Section 1.1 shall not apply to any Covered Agreement described in 12 C.F4252.83(a), 12 C.F.R. 382.3(a) or 12 C.F.R. 47.4(a).
SECTION 2 LIMITATIONS ON EXERCISE OF CERTAIN DEFAULT RIGHTS
Each Covered Agreement shall be modified as follows:
2.1. Limitation on Exercise of Certain Default Rights Related to a BHCA Affiliate's Entry Into Insolvency Proceedings. Notwithstanding anything to the contrary in the Covered Agreement or any other agreement, the Parties expressly acknowledge and agree that:
(a) Subject to Sections 2.2, 2.3 and 2.4, a Counterparty Entity shall not be permitted to exercise any Default Right with respect to such Covered Agreement that is related, directly or indirectly, to a BHCA Affiliate of the Direct Party becoming subject to an Insolvency Proceeding, and
(b) Nothing in a Covered Agreement shall prohibit the transfer of any Covered Affiliate Credit Enhancement, any interest or obligation in or under such Covered Affiliate Credit Enhancement, or any property securing such Covered Affiliate Credit Enhancement to a Transferee upon or following a BHCA Affiliate of the Direct Party becoming subject to an Insolvency Proceeding, unless the transfer would result in the Counterparty Entity being the beneficiary of such Covered Affiliate Credit Enhancement in violation of any law applicable to the Counterparty Entity.
2.2. General Creditor Protections. Nothing in Section 2.1 shall restrict the exercise by a Counterparty Entity of any Default Right with respect to a Covered Direct QFC or a Covered Affiliate Credit Enhancement that supports a Covered Direct QFC that arises as a result of:
(a) the Direct Party becoming subject to an Insolvency Proceeding;
(b) the Direct Party not satisfying a payment or delivery obligation pursuant to (A) such Covered Agreement or (B) another contract between the relevant Covered Entity and the relevant Counterparty Entity that gives rise to a Default Right in the Covered Agreement, or
(c) the failure of a Covered Affiliate Support Provider, or any Transferee thereof, to satisfy a payment or delivery obligation pursuant to any Covered Affiliate Credit Enhancement that supports the Covered Direct QFC.
2.3. Additional Creditor Protections. With respect to a Covered Direct QFC that is supported by a Covered Affiliate Credit Enhancement, nothing in Section 2.1 shall restrict the exercise by a Counterparty Entity after the QFC Stay Period of a Default Right that is related, directly or indirectly, to a Covered Affiliate Support Provider becoming subject to an Insolvency Proceeding if:
(a) the Covered Affiliate Support Provider that remains obligated under the Covered Affiliate Credit Enhancement becomes subject to an Insolvency Proceeding other than a Chapter 11 Proceeding;
(b) subject to Section 2.4, the Transferee, if any, becomes subject to an Insolvency Proceeding;
(c) the Covered Affiliate Support Provider does not remain, and a Transferee does not become. obligated to the same, or substantially similar, extent as the Covered Affiliate Support Provider was obligated immediately prior to entering such Insolvency Proceeding with respect to:
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(i) such Covered Affiliate Credit Enhancement;
(ii) all other Covered Affiliate Credit Enhancements provided by the Covered Affiliate Support Provider in support of other Covered Direct QFCs between the Direct Party and the supported Counterparty Entity under the Covered Affiliate Credit Enhancement referenced in (i) above; and
(iii) all Covered Affiliate Credit Enhancements provided by the Covered Affiliate Support Provider in support of Covered Direct QFCs between the Direct Party and Counterparty Affiliates of the supported Counterparty Entity referenced in (ii) above; or
(d) in the case that the Covered Affiliate Credit Enhancement is transferred to a Transferee:
(i) all of the ownership interests of the Direct Party directly or indirectly held by the Covered Affiliate Support Provider are not transferred to the Transferee; or
(ii) reasonable assurance has not been provided that all or substantially all of the assets of the Covered Affiliate Support Provider (or net proceeds therefrom), excluding any assets reserved for the payment of costs and expenses of administration in the Insolvency Proceeding, will be transferred or sold to the Transferee in a timely manner.
2.4. Limitation on Exercise of Certain Default Rights Upon Entry of a BHCA Affiliate Into FDI Act Proceedings. Notwithstanding anything to the contrary in Sections 2.1, 2.2 or 2.3, with respect to a Covered Direct QFC that is supported by a Covered Affiliate Credit Enhancement, the Counterparty Entity supported by such Covered Affiliate Credit Enhancement may exercise a Default Right that is related, directly or indirectly, to the Covered Affiliate Support Provider becoming subject to proceedings under the FDI Act:
(a) after the FDI Act Stay Period, if such Covered Affiliate Credit Enhancement is not transferred pursuant to 12 U.S.C. 1821(e)(9)—(e)(10) and any regulations promulgated thereunder; or
(b) during the FDI Act Stay Period, if the Default Right may only be exercised so as to permit such Counterparty Entity to suspend performance with respect to such Counterparty Entity's obligations under the Covered Direct QFC to the same extent as such Counterparty Entity would be entitled to do so if the Covered Direct QFC were with such Covered Affiliate Support Provider and were treated in the same manner as such Covered Affiliate Credit Enhancement.
2.5. Scope of Application of Sections 2.1, 2.2, 2.3 and 2.4. The terms of Sections 2.1, 2.2, 2.3 and 2.4 shall not apply to any Covered Agreement described in 12 C.F.R. 252.84(a), 12 C.F.R. 382.4(a) or 12 C.F.R. 47.5(a).
2.6. Burden of Proof. After a BHCA Affiliate of a Covered Entity has become subject to an Insolvency Proceeding, a Counterparty Entity that seeks to exercise any Default Right with respect to a Covered Agreement with such Covered Entity shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted under the Covered Agreement, as amended hereby.'
' See 12 C.F.R. 47.5(i); 12 C.F.R. 252.84(i); 12 C.F.R. 382.4(i).
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2.7. Relationship Between Sections 1 and 2. The requirements of Section 1 apply notwOstanding Sections 2.2, 2.3 and 2.4.
SECTION 3 REPRESENTATIONS AND UNDERTAKINGS
3.1. Each Counterparty Entity represents to each Covered Entity with which it has entered into a Covered Agreement or to which it has provided or from which it has received a Covered Agreement, and each Covered Entity represents to each Counterparty Entity with which it has entered into a Covered Agreement or to which it has provided or from which it has received a Covered Agreement, that, as of the date such Person became a Party:
(a) Status. It is, if relevant, duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation and, if relevant under such laws, in good standing or, if it otherwise represents its status in or pursuant to the Covered Agreement, has such status.
(b) Powers. It has the power to execute and deliver this Agreement and to perform its obligations under this Agreement and the Covered Agreement as amended by this Agreement, and has taken all necessary action to authorize such execution, delivery and performance.
(c) No Violation or Conflict. Such execution, delivery and performance do not violate or conflict with any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets.
(d) Consents. All governmental and other consents that are required to have been obtained by it with respect to this Agreement and the Covered Agreement, as amended by this Agreement. have been obtained and are in full force and effect and all conditions of any such consents have been complied with.
(e) Obligations Binding. This Agreement has been duly executed and delivered by it and its obligations under this Agreement and the Covered Agreement, as amended by this Agreement, constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium or similar laws affecting creditors' rights generally and subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought in a proceeding in equity or at law)).
(f) Credit Support. Its amendment under this Agreement (other than any amendments affecting when rights in respect of a Credit Enhancement or Third Party Credit Enhancement may be exercised) will not, in and of itself, adversely affect the enforceability, effectiveness or validity of any obligations owed, whether by it or by any Third Party, under any Credit Enhancement or Third Party Credit Enhancement in respect of its obligations relating to the Covered Agreement as amended by this Agreement.
3.2. [Intentionally Omitted]
3.3. In the case of a Covered Agreement that contains a Default Right based on a misrepresentation or other analogous provision, the Parties hereto agree that, for purposes of such provisions, each of the foregoing representations will be deemed to be a representation under such Covered Agreement that is made as of the date on which such Party executes this Agreement.
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3.4. Each Counterparty Entity and Covered Entity agrees to do all such further things and execute such further documents as the other may reasonably request to ensure that this Agreement and the amendments described herein extend to, and are effective and enforceable under applicable law with respect to, all Covered Agreements to which such Counterparty Entity is a party or provided by or to such Counterparty Entity. Without limiting the generality of the foregoing, with respect to any Covered Agreement between a Covered Entity and a Counterparty Entity to which a Third Party is also a party, each such Counterparty Entity and Covered Entity agrees (i) that this Agreement amends and modifies the rights of the Counterparty Entity under such Covered Agreement on the terms provided herein as between such Counterparty Entity and Covered Entity, and (ii) to exercise any rights it may have to direct such Third Party to execute such further documents as may be necessary to give effect to the provisions of this Agreement.
3.5. With respect to any Covered Agreement or Third Party Credit Enhancement that expressly requires the consent, approval, agreement, authorization or other action (each, a "consent") of a Third Party to be obtained, each Party whose obligations under such arrangements are secured, guaranteed or otherwise supported by such Third Party Credit Enhancement undertakes that it has obtained the consent of such Third Party and that it will, upon demand, deliver evidence thereof. To the extent any such required consent has not been obtained, the relevant Covered Agreement supported by such Third Party will not be amended hereby. Each Party that is also a Third Party in relation to a Third Party Credit Enhancement is hereby deemed to have consented to the amendments imposed by this Agreement on the Covered Agreements supported by such Third Party Credit Enhancement.
3.6. Notwithstanding any provision in a Covered Agreement to which a Third Party is also a party or a Third Party Credit Enhancement that, in each case, expressly requires the consent of, or a writing signed by, all parties (including a Third Party) in order to amend such Covered Agreement or Third Party Credit Enhancement, each Party agrees and consents to (i) amend such Covered Agreement or Third Party Credit Enhancement as herein provided; (ii) such Third Party providing its consent to such amendment in a separate writing; and (iii) the amendment of such Covered Agreement or Third Party Credit Enhancement as between such Third Party and the relevant Covered Entity in such form as is consistent with this Agreement.
SECTION 4 GENERAL CONDITIONS
4.1. Effectiveness. The amendments contemplated by this Agreement, on the terms and conditions set forth herein, shall become effective between a Counterparty Entity and a Covered Entity as of the applicable Effective Date.
4.2. Entire Agreement., Restatement; Survival.
(a) This Agreement constitutes the entire agreement and understanding of each Party with respect to its subject matter and supersedes all oral communication and prior writings (except as otherwise provided herein) with respect thereto. Each Party acknowledges that in executing this Agreement it has not relied on any oral or written representation, warranty or other assurance (except as provided for or referred to elsewhere in this Agreement) and waives all rights and remedies which might otherwise be available to it in respect thereof, except that nothing in this Agreement will limit or exclude any liability of a Party for fraud.
(b) Except for any amendment made or deemed made pursuant to this Agreement in respect of any Covered Agreement, all terms and conditions of each Covered Agreement will continue in full force and effect in accordance with its provisions as in effect immediately prior to the date on which it first
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A
becomektibject to this Agreement. Except as explicitly stated in this Agreement, nothing herein shall constitute a waiver or release of any rights of any Party under any Covered Agreement to which it is a party or a provider or recipient of any Credit Enhancement. This Agreement will, with respect to its subject matter, survive, and any amendments made or deemed made pursuant to this Agreement will form a part of each Covered Agreement, notwithstanding any statements in a Covered Agreement to the effect that such Covered Agreement constitutes the entire agreement and understanding between the parties to such Covered Agreement with respect to the subject of such Covered Agreement.
4.3. Amendments. An amendment, modification or waiver in respect of the matters contemplated by this Agreement will be effective in respect of a Covered Agreement only if made in accordance with the terms of the Covered Agreement and then only with effect between the parties to that Covered Agreement (and will only be effective to amend or override the provisions set forth in this Agreement if it expressly refers in writing to this Agreement). No amendment of any provision of this Agreement, other than an amendment pursuant to Section 4.5 below, shall be valid unless made by a document in writing signed by all Parties.
4.4. Subsequent Adherence to the ISDA Protocol. In the event a Counterparty Entity adheres to the ISDA Protocol after becoming a Party hereto, the terms of the ISDA Protocol will supersede and replace the terms of this Agreement with respect to the Counterparty Entity and its Protocol Covered Agreements (as defined under the ISDA Protocol) with all Covered Entities that are adhering parties to the ISDA Protocol.
4.5. Addition of New Parties.
(a) Additional Covered Entities and Counterparty Entities may be added to this Agreement by execution and delivery of a Joinder Agreement in the form of Exhibit A hereto.
(b) [Intentionally Omitted]
(c) If Counterparty becomes aware of any Counterparty Affiliate that is not a Party hereto but is a party to one or more Covered QFCs with one or more members of the Covered Entity Group, Counterparty shall use its best efforts to cause such Counterparty Affiliate to execute and deliver a Joinder Agreement or adhere to the ISDA Protocol.
4.6. Governing Law. This Agreement will, as between the Parties and in respect of each Covered Agreement between them or provided by one of them to the other, be governed by and construed in accordance with the laws of the State of New York, without reference to choice of law doctrine, provided that the amendments to each Covered Agreement shall be governed by and construed in accordance with the law specified to govern that Covered Agreement, the rights and obligations of the Covered Agreement will be governed by the law of the State of Georgia and otherwise in accordance with the applicable choice of law doctrine.
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4.7. Notice. Any notice, demand or other communication hereunder. shall be delivered in writing and shall be effective upon receipt:
If to any member of the Covered Entity Group, at, or care of:
Wells Fargo Bank, N.A.
45 Fremont Street
30th Floor
MAC A0194-300
San Francisco, CA 94105
Facsimile No.: (877) 564-8524
Attention: Documentation Manager
If to any member of the Counterparty Group, at, or care of, Counterparty at the address specified in writing by Counterparty in its Covered Agreement dated a date most recently to the date of this Agreement
4.8. Headings. The headings used in this Agreement are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting this Agreement.
[Remainder of page intentionally left blank]
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r Aro
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and del iv ered by their proper and duly authorized representatives as of the Execution Date.
City of Atlanta, Georgia
By: Name: Keisha Lance Bottoms Title: Mayor
Counterparty Signature page: Agreement to Amend Certain Qualified Contracts
e. -
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and deliVered by their proper and duly authorized representatives as of the Execution Date.
Wells Fargo & Company Wells Fargo Bank, N.A. Wells Fargo Securities, LLC Wells Fargo Capital Finance, LLC Wells Fargo Commodities, LLC Wells Fargo Equipment Finance, Inc. Wells Fargo Securities International Limited
By: Name: Title:
Wells Fargo Signature page: Agreement to Amend Certain Qualified Contracts
Appendix
• 1. Defined Terms. As used in this Agreement, the following terms have the meanings specified below:
"Applicable Compliance Date" means, (a) for a Covered Entity that was subject to the requirements of the QFC Stay Rules on January 1, 2018, with respect to a Covered Agreement: (1) if the Counterparty Entity is itself subject to the requirements of the QFC Stay Rules, January 1, 2019; (2) if the Counterparty Entity is a Financial Counterparty (other than a Small Financial Institution) that is not itself subject to the requirements of the QFC Stay Rules, July 1, 2019 and (3) if the Counterparty Entity is an entity not described in clause (a)(1) or (a)(2) above, January 1, 2020; and (b) for a Covered Entity that becomes subject to the requirements of the QFC Stay Rules after January' 1, 2018, with respect to a Covered Agreement: (1) if the Counterparty Entity is itself subject to the requirements of the QFC Stay Rules, the first day of the calendar quarter immediately following one year after the Covered Entity first became subject to the QFC Stay Rule, (2) if the Counterparty Entity is a Financial Counterparty (other than a Small Financial Institution) that is not itself subject to the requirements of the QFC Stay Rules, the first day of the calendar quarter immediately following 18 months from the date the Covered Entity first became subject to the QFC Stay Rule, and (3) if the Counterparty Entity is an entity not described in clause (b)(1) or (b)(2) above, the first day of the calendar quarter immediately following two years from the date the Covered Entity first became subject to the QFC Stay Rule.
"BHCA Affiliate" has the same meaning as the term "affiliate" as defined in, and shall be interpreted in accordance with, 12 U.S.C. 1841(k).
"Chapter 11 Proceeding" means a proceeding under Chapter 11 of the United States Bankruptcy Code.
"Consolidated Affiliate has the same meaning specified in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
"Counterparty Entity" means a Party to this Agreement that is a member of the Counterparty Group.
"Counterparty Group" has the meaning specified in the Recitals hereto.
"Counterparty Affiliate" means a Consolidated Affiliate of a Counterparty Entity.
"Covered Affiliate Credit Enhancement" means a Credit Enhancement provided by a Covered Entity that is a BHCA Affiliate of a Direct Party.
"Covered Affiliate Support Provider" means an obligor on any Covered Affiliate Credit Enhancement, provided that it is not a Transferee.
"Covered Agreement" means:
(a) any Covered Direct QFC that is an In-Scope QFC that has been entered into (or deemed entered into) between a Covered Entity and a Counterparty Entity; or
(b) any Credit Enhancement that is an In-Scope QFC that has been entered into (or deemed entered into) between a Covered Entity and a Counterparty Entity, provided by a Covered Entity to a
Counterparty Entity or provided by a Counterparty Entity to a Covered Entity in respect of a QFC, including without limitation any Covered Affiliate Credit Enhancement;
in each case, on or prior to the Execution Date (or, if later, the date such Counterparty Entity or Covered Entity became a Party to this Agreement), but does not include any QFC that meets one of the exclusions or exemptions contained in 12 C.F.R. 252.88 (a), (c)-(d), 12 C.F.R. 382.7(a), (c)-(d) or 12 C.F.R. 47.8(a), (c)-(d).
"Covered Direct QFC" means a Direct QFC between a Counterparty Entity and a Covered Entity (including all transactions thereunder).
"Covered Entity Group" has the meaning specified in the Recitals hereto.
"Covered Entity" means a Party to this Agreement that is a member of the Covered Entity Group.
"Credit Enhancement- means any credit enhancement or credit support arrangement in support of the obligations of a Covered Entity or a Counterparty Entity under or with respect to a QFC, including any guarantee, collateral arrangement (including any pledge, charge, mortgage or other security interest in collateral or title transfer arrangement), trust or similar arrangement, letter of credit, transfer of margin, reimbursement obligation or any similar arrangement.
"Direct Party" means a Covered Entity that is a party to a Covered Direct QFC.
-Direct QFC" means a QFC that is not a Credit Enhancement. For a QFC that is a master agreement that includes a Covered Affiliate Credit Enhancement as a supplement to the master agreement, the Direct QFC does not include such Covered Affiliate Credit Enhancement.
"Default Right" means, with respect to a Covered Agreement, any:
(a) right of a party, whether contractual or otherwise (including, without limitation, rights incorporated by reference to any other contract, agreement, or document, and rights afforded by statute, civil code, regulation, and common law), to liquidate, terminate, cancel, rescind, or accelerate such agreement or transactions thereunder, set off or net amounts owing in respect thereto (except rights related to same-day payment netting), exercise remedies in respect of collateral or other credit support or property related thereto (including the purchase and sale of property), demand payment or delivery thereunder or in respect thereof (other than a right or operation of a contractual provision arising solely from a change in the value of collateral or margin or a change in the amount of an economic exposure), suspend, delay, or defer payment or performance thereunder, or modify the obligations of a party thereunder, or any similar rights; and
(b) right or contractual provision that alters the amount of collateral or margin that must be provided with respect to an exposure thereunder, including by altering any initial amount, threshold amount, variation margin, minimum transfer amount, the margin value of collateral, or any similar amount, that entitles a party to demand the return of any collateral or margin transferred by it to the other party or a custodian or that modifies a transferee's right to reuse collateral or margin (if such right previously existed), or any similar rights, in each case, other than a right or operation of a contractual provision arising solely from a change in the value of collateral or margin or a change in the amount of an economic exposure;
provided that, as used in Sections 2.1, 2.2, 2.3 or 2.4 hereof, the term -Default Right" does not include any right under a contract that allows a party to terminate the contract on demand or at its option at a specified time, or from time to time, without the need to show cause.
References to the "exercise" of a Default Right or the entitlement to exercise" a Default Right shall include the automatic or deemed exercise of a Default Right.
"Effective Date" means, with respect to a Covered Agreement entered into, or provided by or to, a Counterparty Entity, the latest of the Applicable Compliance Date and the date such Counterparty Entity or the relevant Covered Entity becomes a Party to this Agreement.
"Execution Date- has the meaning set forth in the Recitals hereto.
-FDI Act- means the Federal Deposit Insurance Act and the regulations promulgated thereunder.
"FDI Act Stay Period" has the same meaning specified in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
-FDIC' refers to the Federal Deposit Insurance Corporation.
"Financial Counterparty" has the meaning given to such term in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
"In-Scope QFC' has the meaning given to such term in, and shall be interpreted in accordance with, 12 C.F.R. 252.82(d), 12 C.F.R. 382.2(d) and 12 C.F.R. 47.3(d).
"Insolvency Proceeding- means a recei‘ership, insolvency, liquidation, resolution, or similar proceeding.
-ISDA" refers to International Swaps and Derivatives Association, Inc.
-ISDA Protocol" means the ISDA 2018 U.S. Resolution Stay Protocol, as published by ISDA as of July 31, 2018.
"Joinder Agreement" means a joinder agreement substantially in the form of Exhibit A hereto.
"OLA" means Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the regulations promulgated thereunder.
"Party" refers to a Person that is listed on the signature pages hereof as a party to this Agreement, or, in the case of any Person that becomes a party hereto after the Execution Date, listed as a signatory to a Joinder Agreement provided pursuant to Section 4.5.
"Person" includes an individual, bank, corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity.
"QFC" has the meaning assigned to the term "qualified financial contract" as defined in, and shall be interpreted in accordance with, 12 U.S.C. 5390(c)(8)(D).
"QFC Stay Rules" means, (i) with respect to a Covered Entity described in 12 C.F.R. 252.82(b), the regulations that are codified at 12 C.F.R. 252.2, 252.81-8 (the "FRB Rule"); (ii) with respect to a Covered Entity described in 12 C.F.R. 382.2(b), the regulations that are codified at 12 C.F.R. 382.1-7 (the
3
"EDIC Rule"); and (iii) with respect to a Covered Entity described in 12 C.F.R 47.3(b), the regulations *Eft are codified at 12 C.F.R. 47.1-8 (the "OCC Rule"). All references in this Agreement to specific provisions of the FRB Rule, the FDIC Rule and the OCC Rule shall be construed, in respect of a Covered Entity or a Covered Agreement to which such Covered Entity is a party or provided by or to such Covered Entity, to refer to the QFC Stay Rules applicable to such Covered Entity.
"QFC Stay Period" means, in the event of an Insolvency Proceeding, the period of time beginning on the commencement of such Insolvency Proceeding and ending at the later of 5:00 p.m. (Eastern Time) on the first day on which commercial banks in the jurisdiction of the proceeding are open for general business (including dealings in foreign exchange and foreign currency deposits) following the date of the commencement and 48 hours after the commencement of such Insolvency Proceeding.
"Small Financial Institution" has the meaning given to such term in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
"State" means any state, commonwealth, territory, or possession of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, or the United States Virgin Islands.
"Third Party Credit Enhancement" means, with respect to a Party and a Covered Agreement, any Credit Enhancement that is executed or provided by one or more Third Parties (whether or not a Party is also a party thereto), regardless of whether or not such document is identified as a Third Party Credit Enhancement.
"Third Party" means any Person other than the Parties to this Agreement.
"Transferee" means, in respect of a Covered Affiliate Credit Enhancement, a Person to whom such Covered Affiliate Credit Enhancement is transferred upon the Covered Affiliate Support Provider entering Insolvency Proceeding or thereafter as part of the resolution, restructuring, or reorganization involving such Covered Affiliate Support Provider.
"U.S. Special Resolution Regimes" has the meaning set forth in Section 1.1(a).
2. Terms Generally. The definitions of terms herein (including those incorporated by reference to another document) apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The word "will" shall be construed to have the same meaning and effect as the word "shall". Unless the context requires otherwise, (i) any definition of or reference to any agreement, schedule, instrument or other document herein shall be construed as referring to such agreement, schedule, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (ii) any reference herein to any Person shall be construed to include such Person's successors and assigns, (iii) the words "herein", "hereof' and "hereunder", and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (iv) all references herein to Schedules shall be construed to refer to Sections of, and Schedule to, this Agreement, unless otherwise noted, and (v) the word "property" shall be construed to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
4
Exhibit A
[Form of] JOINDER AGREEMENT
This Joinder Agreement (this "Joinder Agreement") to the Agreement to Amend Certain Qualified Financial Contracts dated as of [a], 2018 (as amended and in effect from time to time, the -Agreement") among [Name of G-SIB Entity] and each of its BHCA Affiliates listed on [the signature pages thereto / Schedule 1 thereto]Z (together with [Name of G-SIB Entity], "Covered Entity Group")] and [Name of Counterparty Entity] and each of its Counterparty Affiliates listed on the signature pages thereto (together with [Name of Counterparty Entity], "Counterparty Group") is executed and delivered as of [.], 20[.] by the undersigned Person.
Capitalized terms used but not otherwise defined herein are used as defined in the Agreement.
WITNESSETH:
WHEREAS, pursuant to Section 4.5 of the Agreement, any Person that is a Counterparty Affiliate or BHCA Affiliate of a party to the Agreement but that is not itself a party to the Agreement may execute and deliver this Joinder Agreement; and
WHEREAS, the undersigned Person (the New Party-) wishes to become a Party to the Agreement.
NOW. THEREFORE, the New Party hereby agrees as follows:
1. Joinder. In accordance with Section 4.5 of the Agreement, the New Party by its signature to this Joinder Agreement becomes a Party to the Agreement as a [Covered Entity] [Counterparty Entity] with the same force and effect as if originally named therein as a Party. The New Party hereby agrees to all the terms and provisions of the Agreement applicable to it as a [Covered Entity] [Counterparty Entity] thereunder.
2. Representations and Warranties. The New Party hereby represents and warrants that (a) the representations and warranties made by it as a Party to the Agreement are true and correct in all material respects on and as of the date hereof and (b) that [it is a BHCA Affiliate of a Covered Entity that is a Party to the Agreement] [it is a Consolidated Affiliate of a Counterparty Entity that is a Party to the Agreement]. Each reference to a Party in the Agreement shall be deemed to include the New Party.
3. Notice. All notices, requests and demands to or upon the New Party shall be governed by the terms of Section 4.7 of the Agreement.
4. Governing Law. This Joinder Agreement will, as between the New Party and the [Covered Entity Group] [Counterparty Group] and in respect of each Covered Agreement between them or provided by one of them to the other, will be governed by and construed in accordance with the laws of the State of New York, without reference to choice of law doctrine, provided that the amendments to each
•
NTD: Customize depending on whether the Agreement will be signed by one member of the G-SIB group as agent for the others.
Covered Agreement shall be governed by and construed in accordance with the law specified to govern that Covered Agreement and otherwise in accordance with the applicable choice of law doctrine.
*
IN WITNESS WHEREOF, the undersigned has caused this Joinder Agreement to be duly executed and delivered by its duly authorized representative as of the day and year first written above.
[NEW COVERED/ COUNTERPARTY ENTITY]
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AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS OR THE DEPARTMENT OF TRANSPORTATION TO ISSUE TEMPORARY PARKING LOT PERMITS FOR TWENTY-FIVE HOMES IN THE EAST LAKE COMMUNITY TO OPERATE TEMPORARY PARKING LOTS SPECIFICALLY DURING THE PGA TOUR CHAMPIONSHIP, HELD ANNUALLY DURING THE MONTH OF AUGUST AT THE EAST LAKE GOLF CLUB; AND FOR OTHER PURPOSES.
WHEREAS, the East Lake Golf Club hosts the TOUR Championship annually every August, which is historically the culminating event of the PGA Tour Playoffs; and
WHEREAS, the event was first held at the East Lake Golf Club in 1998 and has been held there 19 times since; and
WHEREAS, the TOUR Championship attracts the top 30 golfers in the world which draws thousands of spectators to the event; and
WHEREAS, since 1998, the Department of Public Works has been granting Temporary Parking permits to twenty-five homes, attached here as "Exhibit A"; and
WHEREAS, allowing the homeowners to offer the parking in close proximity to the East Lake Golf Club has provided a benefit to the community and a convenience to the patrons attending the event; and
WHEREAS, the Atlanta City Council supports allowing the homes in the East Lake Community to provide temporary parking in perpetuity, or as long as the East Lake Golf Club continues to host the TOUR Championship.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
SECTION 1: The Temporary Parking Lot Permits shall continue to be issued to allow twenty-five homes in the East Lake Community, addresses for which are identified and listed as "Exhibit A" attached hereto, to operate temporary parking lots specifically during the Tour Championship, held in August of each year.
SECTION 2: The homes shall be allowed to obtain the permits in perpetuity or as long as the TOUR Championship is held at the East Lake Golf Club.
SECTION 3: The Department of Public Works or the Department of Transportation is authorized to issue temporary parking permits to the homes in the East Lake Community, attached as "Exhibit A" during August of each year during the TOUR Championship held at the East Lake Golf Club.
SECTION 4: All ordinances and parts of ordinances in conflict are hereby waived to the extent of the conflict.
ELMS ID # 20578
Exhibit A
East Lake Temp-for-Hire Permits Addresses
1. 115 East Lake Drive SE, Atlanta, GA 30317
2. 199 East Lake Drive SE, Atlanta, GA 30317
3. 208 East Lake Drive SE, Atlanta, GA 30317
4. 227 East Lake Drive SE, Atlanta, GA 30317
5. 229 Carter Ave SE, Atlanta, GA 30317
6. 560 Fayetteville Road SE, Atlanta, GA 30317
7. 2415 Memorial Drive SE, Atlanta, GA 30317
8. 2460 Alston Drive SE, Atlanta, GA 30317
9. 2520 Memorial Drive SE, Atlanta, GA 30317
10. 2540 Memorial Drive SE, Atlanta, GA 30317
11. 2648 Memorial Drive SE, Atlanta, GA 30317
12. 2652 Memorial Drive SE, Atlanta, GA 30317
13. 2733 Memorial Drive SE, Atlanta, GA 30317
14. 2811 Alston Drive SE, Atlanta, GA 30317
15. 2820 Alston Drive SE, Atlanta, GA 30317
16. 2831 Alston Drive SE, Atlanta, GA 30317
17. 2530 Memorial Drive SE, Atlanta, GA 30317
18. 217 3rd Ave SE, Atlanta, GA 30317
19. 265 3rd Ave SE, Atlanta, GA 30317
20. 1879 Glenwood Ave SE, Atlanta, GA 30316
21. 2454 Memorial Drive SE, Atlanta, GA 30317
22. 2525 Memorial Drive SE, Atlanta, GA 30317
23. 2839 Alston Drive SE, Atlanta, GA 30317
24. 2854 Alston Drive SE, Atlanta, GA 30317
25. 2855 Alston Drive SE, Atlanta, GA 30317
EL
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AN ORDINANCE 1M:&4...JNC 41:4EX,E R. FAROKtH
AN ORDINANCE TO AMEND CHAPTER 138 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE I (1N GENERAL), SECTION 138-14(D) (DAMAGED SIDEWALK ABUTTING THE RIGHT-OF-WAY) OF THE CITY OF ATLANTA CODE OF ORDINANCES; TO AMEND ARTICLE IV (IMPROVEMENTS WITHIN THE RIGHT-OF-WAY), DIVISION 3 (SIDEWALKS, CURBS, CURBS AND GUTTERS AND DRIVEWAYS), SECTION 138-103 (INSPECTION AND REPAIR OF SIDEWALKS); AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta has sidewalks located throughout the City that provide access to schools, parks, businesses, and residences; and
WHEREAS, well-maintained sidewalks improve pedestrian safety, facilitate walking, contribute to improved air quality, and bolster the quality of life for constituents and visitors; and
WHEREAS, the City has the ongoing goal of providing safe, navigable sidewalks for residents and visitors to use as a means of mobility; and
WHEREAS, the City has begun to address its significant sidewalk repair backlog with funding mechanisms that include:
• Ordinance 14-0-1513 which created the Public Infrastructure Maintenance and Improvement Account where an incremental percentage of the general fund budget is allocated each year for the repair and maintenance of public infrastructure (FY2018 -2.5%, FY2019 - 3%, FY2020 - 3.5%);
• Approximately 4.5% of the Renew Atlanta Infrastructure Bond Program dedicated to Americans with Disabilities Act and Sidewalk improvements;
• $69 million of TSPLOST designated for pedestrian improvements in sidewalks; and • The Department of Public Works Sidewalk Maintenance & Repair Program (provides
sidewalk maintenance and repair funding when it is identified and available); and
WHEREAS, sidewalks are a public right-of-way for the access and use of all;
WHEREAS, the maintenance and installation of sidewalk infrastructure throughout the City is a basic function of local government; and
WHEREAS, Sections 138-14(d) and 138-103 contain provisions that require private property owners maintain sidewalks that abut their property; and
WHEREAS, the City Council believes it is in the best interest of the mobility of residents and visitors for the City to provide safe and well-maintained sidewalks throughout the City.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
ELMS ID: 20583
SECTION 1: That Chapter 138 (Streets, Sidewalks and Other Public Places), Article I (In General), Section 138-14(d) (Damaged Sidewalk Abutting the Right-of-Way) of the City of Atlanta Code of Ordinances shall be amended that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font):
When the sidewalk abutting the right-of-way is damaged, it is the obligation of the-abutting the City's Department of Public Works
to make such repairs.
, Needed repairs shall be by prioritized according to the Department of Public Works Sidewalk Prioritization Policy - 'in areas that have the most potential for pedestrians with an emphasis on those for whom walking is a primary means of transportation'. basis-unttl-th. e
SECTION 2: That Chapter 138 (Streets, Sidewalks and Other Public Places), Article IV (Improvements Within the Right-of-Way), Division 3 (Sidewalks, Curbs, Curbs and Gutters and Driveways), Section 138-103 (Inspection and Repair of Sidewalks of the City of Atlanta Code of Ordinances shall be amended that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font):
The Commissioner of Public Works shall inspect the sidewalks along public right-of-way, to maintain the sidewalks thereon in a safe and suitable condition for public use and travel, to condemn promptly pavements on such sidewalks that are unsafe or unsuitable for public travel, and to cause repairs to be made in accordance with city law
SECTION 3: That all ordinances and resolutions in conflict herewith are hereby waived for purposes or this ordinance only, and only to the extent of said conflict.
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20 - - 1002
AN ORDINANCE BY COUNCILMEMBER ANTONIO BROWN
AN ORDINANCE AUTHORIZING THE MAYOR OR HER DESIGNEE, TO INSTALL SPEED TABLES ON CALLOWAY DRIVE, NW, BETWEEN ANDERSON AVENUE AND WEST LAKE AVENUE TO WAIVE SECTION 138-84(D) OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTA AS IT RELATES TO THE PETITION REQUIREMENTS; AND FOR OTHER PURPOSES.
WHEREAS, Calloway Drive, NW is a residential street, located off a major arterial road (Joseph E. Boone Boulevard), and major neighborhood park (Anderson Park), therefore receives a high volume of cut thru traffic; and
WHEREAS, speeding on Calloway Drive, NW has been a concern of the neighborhood for many years; and
WHEREAS, the Department of Public Works has evaluated Calloway Drive, NW for a street table request and have determined that all the technical requirements for a speed table installation has been satisfied; and
WHEREAS, the residents agree that the installation of speed tables will significantly reduce the number of speeders in the neighborhood as well as reduce the potential for hazard and public safety risk to all residents and those visiting the area.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA as follows:
SECTION 1: That the Mayor, or her designee, is authorized to install speed tables on Calloway Drive, NW between Anderson Avenue and West Lake Avenue in accordance with Section 138-34 of the City of Atlanta Code of Ordinances.
SECTION 2: That the provisions of the City Code of Ordinances, Section 138-84 (D) as it relates to the requirement for petitions signed by seventy-five percent of the property owners in the study area are hereby waived for the purpose of this ordinance only.
SECTION 3: That all ordinances and parts of ordinances in conflict with the terms of this ordinance are hereby repealed only to the extent of conflict.
ELMS ID: 20631
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AN ORDINANCE BY COUNCILMEMB TONIO BROWN
AN ORDINANCE TO AMEND PART III ("LAND DEVELOPMENT CODE"), PART 6 ("BUDGET AND PLANNING"), CHAPTER 3 ("PLANNING"), ARTICLE B ("NEIGHBORHOOD PLANNING"), SECTION 6-3011 ET SEQ. FOR THE PURPOSE OF IMPROVING PROCESSES THAT WILL INCREASE COMMUNITY ENGAGEMENT IN THE NEIGHBORHOOD PLANNING UNIT SYSTEM; AND FOR OTHER PURPOSES.
WHEREAS, the Neighborhood Planning Unit ("NPU") system was established in 1974 by the late Mayor Maynard Jackson to provide an opportunity for all citizens to actively participate in the Comprehensive Development Plan; and
WHEREAS, the twenty-five NPUs representing citizens across the city are the official venues to offer recommendations on matters ranging from zoning and land use, to special events and alcohol permits. City departments and agencies also give updates and share important information with residents and businesses; and
WHEREAS, the NPU system has evolved to provide input on a wide range of community issues including advances in technology, conflict resolution, and training; and
WHEREAS, less than three percent of eligible residents currently participate in the NPU system under its current structure. Allowing for modest code adjustments and clarity will improve meeting management and the engagement of citizens, ultimately increasing membership; and
WHEREAS, the NPU system, having only one major update since its inception, needs the City to support growth, modernize processes and procedures, and further increase inclusivity; and
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WHEREAS, allowing NPUs to maintain their individuality, while bringing uniformity to certain processes, will help the NPU system continue to be the City's official forum for civic engagement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, AS FOLLOWS:
SECTION 1: That Part III, Part 6, Chapter 4, Article B, Sections 6-3011 et seq. is hereby amended and shall read as follows:
SECTION 2: That this Ordinance shall take effect
SECTION 3: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.
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20 - 0 - 1004
AN ORDINANCE BY COUNCILMEMBER AMIR FAROKHI
AN ORDINANCE TO AMEND SECTION 16-18A.019 OF THE ZONING ORDINANCE OF THE CITY OF ATLANTA REGULATING BRIDGES AND TUNNELS IN THE DOWNTOWN (SPI-1) SPECIAL PUBLIC INTEREST DISTRICT SO AS TO PROVIDE AN EXEMPTION FOR A BRIDGE AND A TUNNEL CROSSING LINDEN AVENUE BETWEEN PEACHTREE STREET AND WEST PEACHTREE STREET CONNECTING BUILDINGS MAKING UP EMORY UNIVERSITY MIDTOWN HOSPITAL; AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta has an interest in maintaining the public health, safety, and welfare of the citizens of the City of Atlanta and its visitors; and
WHEREAS, the City of Atlanta also has an interest in fostering an urban environment that accommodates a variety of uses and that attracts citizens, businesses, and visitors to Downtown Atlanta; and
WHEREAS, the City of Atlanta previously adopted Section 16-18A.019 of the Zoning Ordinance that regulates bridges and tunnels in Downtown Atlanta in the SPI-1 Downtown Special Public Interest Zoning District; and
WHEREAS, Emory University Midtown Hospital is located in the northern part of the SPI-1 Zoning District and is constructing a new cancer treatment building directly across Linden Avenue from the main campus of Emory University Midtown Hospital; and
WHEREAS, Emory University Midtown Hospital has one existing pedestrian bridge across Linden Avenue which allows safe passage of patients to the existing hospital buildings and the City desires to allow Emory to build another pedestrian bridge as part of the construction of the new cancer treatment building;
WHEREAS, the City of Atlanta believes it is in the best interests of the City and Emory University Midtown Hospital to provide for a bridge and a separate tunnel across and under Linden Avenue, respectively, to accommodate the safe passage of patients, equipment, and supplies between the Hospital and the new cancer treatment building; and
WHEREAS, an exemption from Section 16-18A.019 is appropriate to allow such a bridge and tunnel in order to provide such safe passage;
WHEREAS, the City of Atlanta Charter, at Section 1-102(b), provides that the City of Atlanta shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the City of Atlanta and its inhabitants; and
WHEREAS, the City Council of the City of Atlanta finds that this text amendment to the Atlanta Zoning Ordinance is in the best interest of the public health, safety, and welfare.
#20639
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:
SECTION 1: That Section 16-18A.019 of the City of Atlanta Code of Ordinances is hereby amended by adding a new subsection (5) which shall read as follows:
5. Notwithstanding subsections (3) and (4) above, the following two additional structures shall be allowed:
a. One underground tunnel spanning the width of Linden Avenue between Peachtree Street and West Peachtree Street; provided that all requirements of City of Atlanta Code of Ordinances section 138-25 are met.
b. One two-level pedestrian bridge spanning across Linden Avenue between Peachtree Street and West Peachtree Street which bridge shall be no less than seventeen feet six inches (17'6") above Linden Avenue as measured vertically from the highest finished grade elevation of Linden Avenue to the lowest point of the bridge structure; provided that all requirements of City of Atlanta Code of Ordinances section 138-25 are met. However, notwithstanding section 138-25(6), the Department of Public Works and the Department of City Planning shall have the authority to approve signage on the bridge subject to the approval of both departments and in accordance with City of Atlanta Code of Ordinances section 16-28A.001, et seq.
SECTION 2. This ordinance shall become effective immediately upon approval.
SECTION 3. Should any ordinance or part thereof be found to conflict with this ordinance or the provisions thereof, then those sections contained herein shall be deemed controlling.
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ORDINANC B CO NCI ME al: ER MICHAEL J
AN ORDINANCE TO AUTHORIZE THE MAYOR OR HER DESIGNEE TO DONATE FUNDS, IN THE AMOUNT OF ONE HUNDRED EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($180,000.00), TO HOSEA FEED THE HUNGRY AND HOMELESS INC., TO ASSIST WITH THE COMPLETION OF BUILDING RENOVATIONS; AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta ("City") is home to one of the most significant, impactful movements in the fight against poverty, hunger, and homelessness in the United States and around the globe; and
WHEREAS, founded by legendary civil rights, Hosea Williams, Hosea Feed the Hungry and Homeless Inc., ("HFTHH") continues to provide vital services to those in need as it has done for over 40 years in the City, nationally, and abroad; and
WHEREAS, with minimal staff, a host of volunteers and contributors, HFTHH has served millions of residents in the City and surrounding communities; and
WHEREAS, in addition to the organization signature holiday feeding and service projects that feed tens of thousands of adults, children, and families annually, HFTHH provides rent and utility assistance, food stamps, job training, and placement, health screenings, and our daily food pantry; and
WHEREAS, for the first time, HFTHH has purchased a headquarters location that will allow the organization to centralize, enhance, and expand services; and
WHEREAS, HFTHH has had challenging restraints which cause the organization to encounter a significant road block which threatens the ability of the continuation of providing services to Atlanta residents; and
WHEREAS, although the HFTHH has raised to $1.7M to renovate the Cleveland Avenue facility but is in need of $180,000.00 to complete its renovations of the facility; and
WHEREAS, HFTHH is requesting financial consideration from the City in an amount of One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00) to continue to serve Atlanta most in need for the next 40 years.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS AS FOLLOWS:
SECTION 1: that the Mayor or her designee make a donation to Hosea Feed the Hungry and Homeless Inc., in the amount of one hundred eighty thousand dollars and zero cents ($180,000.00) to assist with the completion of building renovations and providing vital services the least of these.
SECTION 2: The donation shall be charged to and paid from:
SECTION 3: All ordinances and parts of ordinances in conflict herewith are hereby waived for the purposes of this Ordinance only, and to the extent of the conflict.
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AN ORDINANCE BY COUNCILMEMBER ANTONIO BROWN
20 - 0 - 1006
AN ORDINANCE AUTHORIZING THE TRANSFER OF FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) FROM THE DISTRICT 3 CARRY FORWARD ACCOUNT TO THE DISTRICT 3 EXPENSE ACCOUNT IN THE AMOUNT OF THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) AND THE DISTRICT 3 DISTRIBUTION ACCOUNT IN THE AMOUNT OF TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00); AND FOR OTHER PURPOSES.
WHEREAS, pursuant to Section 2-152(2), the members of the Atlanta City Council are provided with annual appropriations for expenses related to official city business; and
WHEREAS, pursuant to Section 2-39 of the City of Atlanta Code of Ordinances, Councilmembers are permitted to replenish their Councilmember Expense Accounts by using funds from the Councilmember Carry Forward Accounts; and
WHEREAS, Pursuant to Section 2-39(a) of the City of Atlanta Code of Ordinances, councilmembers are permitted to utilize funds from their respective Council Distribution Account, to fund projects for the public good within their district or to donate funds for charitable purposes; and
WHEREAS, the District 3 Councilmember desires to transfer funds from the District 3 Carry Forward Account to the District 3 Expense and Distribution Accounts to replenish the District 3 accounts in order to continue conducting official city business and also make charitable donations to community projects and organization that serve the public good.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:
SECTION 1: That the Chief Financial Officer is authorized to amend the FY 2020 General Fund budget as follows:
TRANSFER APPROPRIATIONS FROM
$40,000.00 1001 (General Fund) 030203 (District 3) 5790001 (Contingency Fund-Unrestricted) 1110000 (Governing Body) Councilmember Brown.
TRANSFER TO APPROPRIATIONS
$30,000.00 1001 (General Fund) 030203 (District 3) 5730004 (Council Members Expense) 1110000 (Governing Body) Councilmember Brown.
1
ELMS #20641
$10,000.00 1001 (General Fund) 030203 (District 3) 5111002 (Distribution) 1110000 (Governing Body) Councilmember Brown.
SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only, and only to the extent of the conflict.
2
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AN ORDINANCE
20 - 0 - 1007
BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE AUTHORIZING THE TRANSFER OF FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) FROM THE COUNCIL DISTRICT 5 CARRY FORWARD ACCOUNT TO THE COUNCIL DISTRICT 5 DISTRIBUTION ACCOUNT TO CONTINUE SERVING THE ATLANTA COMMUNITY FOR THE PUBLIC GOOD; AND FOR OTHER PURPOSES.
WHEREAS, pursuant to Section 2-39(a) of the City of Atlanta Code of Ordinances, councilmembers are permitted to utilize funds from their respective Council Distribution Account, to fund projects for the public good within their district or to donate funds for charitable purposes; and
WHEREAS, the District 5 Councilmember has supported and continues to support various community-based activities throughout the City of Atlanta for the public good; and
WHEREAS, the District 5 Councilmember desires to transfer funds from the District 5 Carry Forward Account to the District 5 Distribution Account to make charitable donations to community projects and organizations that serve the public good.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
SECTION 1: That the Chief Financial Officer is authorized to amend the FY20 General Fund Budget as follows:
TRANSFER FROM APPROPRIATIONS
$40,000.00 1001 (General Fund) 030205 (CCN Council District 5) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Archibong.
TRANSFER TO APPROPRIATIONS
$40,000.00 1001 (General Fund) 030205 (CCN Council District 5) 5730018 (Distribution) 1110000 (Governing Body) Councilmember Archibong.
SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only and only to the extent of the conflict.
ELMS #20643
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20 - 0 - 1008
AN ORDINANCE BY 4 'C.-IL COUNCILMEMBER AMIR FAROKHI
AN ORDINANCE AMENDING THE 2015 MUNICIPAL FACILITIES BOND FUND BY TRANSFERRING SIXTEEN THOUSAND ONE HUNDRED SEVENTY-NINE DOLLARS AND EIGHTY-ONE CENTS ($16,179.81) TO REPURPOSE FUNDS FOR DISTRICT 2 RENEW ATLANTA BOND PROJECTS; AND FOR OTHER PURPOSES.
WHEREAS, Resolution 14-R-4374, which was unanimously adopted by the Atlanta City Council on January 5, 2015 and approved by signature of the Mayor on January 5, 2015 called for a Special Election asking voters to authorize the issuance of a $250,000,000.00 General Obligation Infrastructure Bond (the "Renew Atlanta Bonds"); and
WHEREAS, Atlanta voters subsequently authorized the Renew Atlanta Bonds at the March 17, 2015 Special Election; and
WHEREAS, the City of Atlanta ("City") through its Renew Atlanta program ("Renew Atlanta") created a list of City-wide projects for expenditure of the Renew Atlanta Bonds, which projects were vetted by local communities in a series of town hall meetings and public hearings across the Atlanta (the "Renew Atlanta Project List"), and this list was approved by Resolution 15-R-3527, adopted by the Atlanta City Council on May 4, 2015 and approved by operation of law on May 13, 2015; and
WHEREAS, projects were allocated either as vertical funds (public facilities) or horizontal funds (citywide — bridges, complete streets, roadway resurfacing, Americans with Disabilities Act compliance and traffic signals, beacons and communication corridors)
WHEREAS, Resolution 15-R-3527 authorized council district projects on the Project List being modified and/or replaced with substantially similar projects in the same council district; and
WHEREAS, it is the desire of the District 2 Councilmember to repurpose unused vertical funds from Freedom Park to a horizontal project which will install a sidewalk, curbing, ADA ramp and intersection restriping along Hurt Street in Freedom Park.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
SECTION 1: That Chief Financial Officer, or his designee, is authorized to amend the 2015 Municipal Facilities Bond Fund to an amount not to exceed Sixteen Thousand One Hundred Seventy-Nine Dollars and Eighty-One Cents ($16,179.81) to repurpose unused Renew Atlanta District 2 vertical funds to the appropriate horizontal account for Hurt Street sidewalk installation and repairs.
ELMS #20644
TRANSFER FROM APPROPRIATIONS
3148 2015 Municipal Facilities Bond Fund 310301 Capital Projects 5999999 Projects and Grants 1512000 Accounting 112223 District 2 Facilities 22281 Infrastructure Bond - OEAM
Total Amount $16,179.81
TRANSFER TO APPROPRIATIONS
3148 2015 Municipal Facilities Bond Fund 310301 Capital Projects 6110171 Operating Transfer out to 3147 1512000 Accounting
Total Amount $16,179.81
ADD TO ANTICIPATIONS
3147 2015 Municipal Facilities Bond Fund 000002 Default/Revenue 3912149 Operating Transfer from Fund 3148
Total Amount $16,179.81
ADD TO APPROPRIATIONS
3147 2015 Municipal Facilities Bond Fund 130308 DPW Transportation Design 5999999 Projects and Grants 4270000 Traffic Engineering 112204 District 2 22280 Infrastructure Bond - DPW
Total Amount $16,179.81
SECTION 2: (1) ADD TO AWARD A GRAND TOTAL OF:
$16,179.81
SECTION 3: That all ordinances and parts of ordinances in conflict with this Ordinance are waived to the extent of the conflict.
ELMS #20644
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20 - 0 - 1009
AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE AUTHORIZING A DONATION, IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15,000.00), FROM THE COUNCIL DISTRICT 5 CARRY FORWARD ACCOUNT TO THE EAST ATLANTA COMMUNITY ASSOCIATION; AND FOR OTHER PURPOSES.
WHEREAS, the East Atlanta Community Association focuses its contributions to the community by providing community services, influencing public policy and supporting community members, businesses and projects; and
WHEREAS, in November 2019, it was announced that the Atlanta Peach Drop would be placed on hiatus for 2020 in order to re-evaluate and expand the event; and
WHEREAS, due to the surprise cancellation of the Atlanta Peach Drop, there was an unanticipated increase in attendees for the New Year's Eve Rooster Drop making it a citywide event; and
WHEREAS, at the urging of the police, the East Atlanta Community Association tripled the number of off-duty police, doubled the number of Porta Potties, and ensured additional barricades were present; and
WHEREAS, it is the desire of the District 5 Councilmember to donate Fifteen Thousand Dollars and Zero Cents ($15,000.00) to assist East Atlanta Community Association with additional costs incurred by their event.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
SECTION 1: That the Chief Financial Officer is authorized to remit a donation in an amount not to exceed Fifteen Thousand Dollars and Zero Cents ($15,000.00) to East Atlanta Community Association to assist with additional costs incurred for the New Year's Eve Rooster Drop.
SECTION 2: That all payments shall be charged to and paid from the following account: 1001 (General Fund) 030205 (CCN Council District 5) 5790001 (Contingency Fund — Unrestricted) 1110000 (Governing Body) Councilmember Archibong.
SECTION 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only and only to the extent of the conflict.
ELMS #20646
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AN ORDINANCE BY COUNCILMEMBER J.P. MATZIGKEIT
AN ORDINANCE AUTHORIZING A D t ATION, IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS AND ZERO CENTS ($5,000.00), FROM THE COUNCIL DISTRICT 8 CARRY FORWARD ACCOUNT TO THE ATLANTA POLICE FOUNDATION (OPERATION SHIELD) TO ASSIST THE CHANNING & HOWELL MILL WITH THE PURCHASE OF A LICENSE PLATE READING CAMERA; AND FOR OTHER PURPOSES.
WHEREAS, the District 8 Councilmember supports initiatives designed to protect and increase the safety of residents of the City of Atlanta; and
WHEREAS, the Atlanta Police Foundation has started the process of installing security cameras and license plate reading cameras throughout the City, with plans of having as many as 12,000 cameras at various locations throughout the City; and
WHEREAS, the District 8 Councilmember is working with the Atlanta Police Foundation on a plan to place license plate reading cameras in key areas where surveillance would be beneficial to the police; and
WHEREAS, it is the desire of the District 8 Councilmember to donate Five Thousand Dollars and Zero Cents ($5,000.00) to assist Channing & Howell Mill with the purchase of a license plate reading camera.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
SECTION 1: That the Chief Financial Officer is authorized to remit a donation in an amount not to exceed Five Thousand Dollars and Zero Cents ($5,000.00) to the Atlanta Police Foundation (Operation Shield) to assist Channing & Howell Mill with the purchase of a License Plate Reading Camera.
SECTION 2: That all payments shall be charged to and paid from the following funding account: 1001 (General Fund) 030208 (CCN District 8) 5790001 (Contingency Fund — Unrestricted) 1110000 (Governing Body) Councilmember Matzigkeit.
SECTION 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only, and only to the extent of the conflict.
ELMS #20647
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AN ORDINANCE B COUNCILMEMBER JOYCE M. SHEPERD, CARLA SMITH, AMIR R. FAROKHI, ANTONIO BROWN, CLETA WINSLOW, JENNIFER N. IDE, J.P. MATZIGKEIT, AND ANDRE DICKENS, MICHAEL JULIAN BON ANDRE L. BOO E, DUSTIN HILL AND MARCI COLLIER OVERSTREET AaaLc-c> AN ORDINANCE AUTHORIZING A DONATION IN A TOTAL AMOUNT NOT TO EXCEED TWENTY-ONE THOUSAND DOLLARS AND ZERO CENTS ($21,000.00) FROM THE DISTRICT 12,1, 2, 3, 4, 6, 9, 10, 11 AND POSTS 1 AND 3 AT-LARGE CARRY FORWARD ACCOUNTS TO HOSEA WILLIAMS FEED THE HUNGRY AND HOMELESS, INC. TO ASSIST WITH THE ORGANIZATION'S OPERATIONS; AND FOR OTHER PURPOSES.
WHEREAS, founded by legendary civil rights, Hosea Williams, Hosea Feed the Hungry and Homeless Inc., ("HFTHH") continues to provide vital services to those in need as it has done for over 40 years in the City, nationally, and abroad; and
WHEREAS, with minimal staff, a host of volunteers and contributors, HFTHH has served millions of residents in the City and surrounding communities; and
WHEREAS, in addition to the organization signature holiday feeding and service projects that feed tens of thousands of adults, children, and families annually, HFTHH provides rent and utility assistance, food stamps, job training, and placement, health screenings, and our daily food pantry; and
WHEREAS, for the first time, HFTHH has purchased a headquarters location that will allow the organization to centralize, enhance, and expand services; and
WHEREAS, it is the desire of the Atlanta City Council to donate Twenty-One Thousand Dollars and Zero Cents ($21,000.00) to assist the operations Hosea Williams Feed the Hungry and Homeless, Inc. in supporting our most vulnerable residents.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
SECTION 1: That the Chief Financial Officer is authorized to remit a donation in an amount not to exceed Twenty-One Thousand Dollars and Zero Cents ($21,000.00) to Hosea Williams Feed the Hungry and Homeless, Inc.:
$1,000.00 1001 (General Fund) 030201 (CCN Council District 1) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Smith.
$1,000.00 1001 (General Fund) 030202 (CCN Council District 2) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Farokhi.
ELMS #20648
$10,000.00 1001 (General Fund) 030203 (CCN Council District 3) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Brown.
$1,000.00 1001 (General Fund) 030204 (CCN Council District 4) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Winslow.
$1,000.00 1001 (General Fund) 030206 (CCN Council District 6) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Ide.
$1,000.00 1001 (General Fund) 030209 (CCN Council District 9) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Hillis.
$1,000.00 1001 (General Fund) 030211 (CCN Council District 10) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Boone.
$1,000.00 1001 (General Fund) 030212 (CCN Council District 11) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Overstreet.
$2,000.00 1001 (General Fund) 030213 (CCN Council District 12) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Sheperd.
$2,000.00 1001 (General Fund) 030216 (CCN Council Post 3 At-Large) 5790001 (Contingency Fund —Unrestricted) 1110000 (Governing Body) Councilmember Dickens.
SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only and only to the extent of the conflict.
ELMS #20648
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AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE AUTHORIZING THE CHIEF FINANCIAL OFFICER TO AMEND THE FISCAL YER 2020 GENERAL FUND BUDGET, BY TRANSFERRING FUNDS TO THE CAPITAL FINANCE FUND BUDGET IN THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) FOR THE PEARL STREET TRAFFIC CALMING PROJECT; AND FOR OTHER PURPOSES.
WHEREAS, a Community Benefit Agreement (Z-16-093, 780 Memorial Drive) was entered into between MCRT Investments, LLC and the Reynoldstown Civic Improvement League; and
WHEREAS, the agreement required MCRT Investments, LLC pay $75,000.00 to the City of Atlanta or a third party escrow agent to hold for use in traffic calming measures on Pearl Street between Memorial Drive and Kirkwood Avenue; and
WHEREAS, per the Agreement, if the funds are not utilized for traffic calming purposes within three years from the date of deposit, the remaining amount shall be refunded to MCRT Investments, LLC; and
WHEREAS, the Atlanta Department of Transportation will need the necessary funding so that preparation of construction documents can allow for the bidding process to begin; and
WHEREAS, it is necessary to amend the FY 2020 Atlanta Department of Transportation budget by transferring General Funds in the amount of Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) to a Capital Finance Fund (3503) and to set up a Project account for the Pearl Street Traffic Calming Project.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
SECTION 1: That the Chief Financial Officer is authorized to amend the FY 2020 (General Fund) Budget, on behalf of the Atlanta Department of Transportation, as follows:
TRANSFER FROM APPROPRIATIONS
TRANSFER TO APPROPRIATIONS
SECTION 2: That the Capital Finance Fund (3503) is hereby amended as follows:
ADD TO ANTICIPATIONS
20 - 0 - 1012
ELMS #20646
INCREASE APPROPRIATIONS
SECTION 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only and only to the extent of the conflict.
ELMS #20646
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AN ORDINANCE .10/ 1/
COUNCILMEMBER ANDREA BOONE
AN ORDINANCE AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY OF ATLANTA ("CITY"), TO EXTEND THE CONTRACTUAL AGREEMENT FOR 2017 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") SPONSORS APPROVED BY RESOLUTION 19-R-3626 FOR THE PURPOSE OF VARIOUS HOPWA PROJECTS. HOPWA SPONSORS WILL CONTINUE TO PROVIDE FACILITY BASED HOUSING, PERMANENT HOUSING PLACEMENT, TENANT BASED RENTAL ASSISTANCE, SPECIAL NEEDS HOUSING, SHORT TERM RENT MORTGAGE UTILITY ASSISTANCE, EMERGENCY LODGING AND RECUPERATIVE CARE TO HIV/AIDS AFFECTED INDIVIDUALS AND/OR FAMILIES; TO RATIFY PRIOR SERVICES; TO ADD ADDITIONAL FUNDING; SAID ACTIVITIES TO BE CHARGED AND PAID FROM PTAEOS LISTED IN APPENDIX B; AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta ("City") manages the Housing Opportunities for Persons with AIDS ("HOPWA") program of the U.S. Department of Housing and Urban Development for the twenty-nine (29) county Atlanta Eligible Metropolitan Area; and
WHEREAS, the funding is from the City's HOPWA program through sub-recipient agreements with Africa's Children's Fund, AIDS Athens, Inc., AIDS Legal , Hope House, HTDI Permanent Housing for Men, Jerusalem House Family Program, Jerusalem for Single Adults, Jerusalem House Scattered Site 1, Jerusalem House Scattered Site 2, Making A Way Housing, Phoenix Rising Emergency, Positive Impact Project Open Hand, Southside Medical Center (Legacy House), Southside Medical Center (Legacy Village), The Edgewood Center, The Edgewood Center Supportive Services; Veterans Empowerment Organization of Georgia, Inc. ("HOPWA Sponsors") and
WHEREAS, HOPWA funds the provision of housing and/or services to HIVJAIDS affected individuals and/or families; and
WHEREAS, the contract agreement for HOPWA Sponsors expired on December 31, 2019; and
WHEREAS, the City seeks to ratify services provided from the expiration of the contract; and
WHEREAS, the City desires to extend the contractual agreement with HOPWA Sponsors for the provision of continued services pursuant to project HP-2017 and to reprogram funding.
Page 1 of 7
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
Section 1: The Mayor or her designee be and is hereby authorized to extend the contractual agreement with the 2017 HOPWA Sponsors for a term commencing January 1, 2020 through June 30, 2020.
Section 2: The City Council hereby ratifies services provided by the 2017 HOPWA Sponsors from January 1, 2020 until execution of the extension.
Section 3: The Chief Financial Officer is authorized to provide additional funding to sponsors as shown in Appendix A to his legislation.
Section 3: Services are to be charged to and paid from PTAEO listed in Appendix B.
Section 4: The City Attorney be and is hereby directed to prepare the appropriate contractual agreement execution by the Mayor or his designee.
Section 5: The extended contractual agreement shall not become binding on the City and the City shall incur no liability upon same until such has been approved by the City Attorney as to form, executed by the Mayor or her designee, attested to by the Municipal Clerk, and delivered to Africa's Children's Fund, AIDS Athens, Inc., AIDS Legal, Help for our Heroes, Hope House, HTDI Permanent Housing for Men, Jerusalem House Family Program, Jerusalem for Single Adults, Jerusalem House Scattered Site 1, Jerusalem House Scattered Site 2, Making A Way Housing, Phoenix Rising Emergency, Positive Impact Project Open Hand, Southside Medical Center (Legacy House), Southside Medical Center (Legacy Village), The Edgewood Center, The Edgewood Center Supportive Services; ("HOPWA Sponsors")
Section 6; All ordinances or parts of ordinances in conflict with this ordinance are hereby waived to the extent of the conflict.
Page 2 of 7
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AN ORDINANCE BY LUS1/1✓
AN ORDINANCE WAIVING THE SOURCE SELECTION AND PAYMENT PROVISIONS CONTAINED IN THE CITY OF ATLANTA CODE OF ORDINANCES, ARTICLE X, PROCUREMENT AND REAL ESTATE CODE, TO RATIFY CONTRACT FC-8899, STATE LOBBYING SERVICES AND EXERCISE RENEWAL OPTION NUMBER ONE (1) WITH HOLLAND & KNIGHT, LLP FOR A TERM OF ONE YEAR TO BE RETROACTIVELY EFFECTIVE FROM DECEMBER 1, 2019 THROUGH NOVEMBER 30, 2020 IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-SIX THOUSAND DOLLARS AND ZERO CENTS ($186,000.00) FOR THE PURPOSE OF PROVIDING LEGISLATIVE REPRESENTATION AT THE GEORGIA GENERAL ASSEMBLY AND OTHER LEGISLATIVE SERVICES; ALL CONTRACTED WORK TO BE CHARGED TO AND PAID FROM FUNDING NUMBERS LISTED HEREIN; AND FOR OTHER PURPOSES.
WHEREAS, pursuant to Resolution 16-R-4751, City of Atlanta ("City") entered into contract FC-8899, State Lobbying Services ("Agreement") with Holland & Knight, LLP to act as the City's liaison with the Georgia General Assembly and provide other legislative services; and
WHEREAS, the effective date of the Agreement was December 1, 2016 with an initial term of three (3) years in an amount not to exceed One Hundred Eighty-Six Thousand Dollard and Zero Cents ($186,000.00) annually, with two (2) one-year renewal options to be exercised at the City's sole discretion; and
WHEREAS, the Agreement expired on November 30, 2019, before legislation was submitted to exercise Renewal Option Number One (1) of the Agreement and the City needs Holland and Knight, LLP to provide the services in the Agreement during the 2020 Georgia Legislative Session; and
WHEREAS, the City desires to exercise Renewal Option No. 1 of the Agreement to retroactively begin on December 1, 2019 and end on November 30, 2020 in an amount not to exceed $186,000.00; and
WHEREAS, the Chief Procurement Officer and the Office of Intergovernmental Affairs recommend exercising Renewal Option No. 1 of the Agreement in an amount not to exceed $186,000.00 to be retroactively effective from December 1, 2019 through November 30, 2020 with one (1) remaining one-year renewal option.
Page 1 of 2
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, AS FOLLOWS:
SECTION 1: The Mayor or her designee, on behalf of the City, is hereby authorized to exercise Renewal Option Number One (1) of FC-8899, State Lobbying Services in an amount not to exceed $186,000.00, to retroactively begin on December 1, 2019 through November 30, 2020 with one (1) remaining one-year renewal option.
SECTION 2: The provision of services by and outstanding invoices from Holland & Knight, LLP from December 1, 2019 through the execution of Renewal Option No. 1 are hereby ratified.
SECTION 3: Payments to Holland & Knight, LLP shall be charged to and paid from: 1001 (General Fund) 040101 (Exe Mayor's Office) 5212001 (Consulting/Professional Services) 13100000 (Mayor/Commission Chair) ($60,000.00); 5501 (Airport Revenue Fund) 180105 (Aviation Public Affairs) 5212001 (Consulting Professional Services) 7563000 (Airport Function Activity) ($60,000.00); And 5051 (Water & Wastewater Revenue) 170101 (DWM Commissioner Of Water) 5212001 (Consulting/Professional) 1320000 (Chief Executive) ($66,000.00).
SECTION 4: Article X, Real Estate and Procurement Code of the City of Atlanta Code of Ordinances, specifically including and without limitation, "Division 4. Sources Selection and Contract Formation" is hereby waived to the extent applicable to meet the intent and purpose of the ordinance.
SECTION 5: The Chief Procurement Officer, in consultation with the City Attorney, is directed to prepare all appropriate documents for execution by the Mayor or her authorized designee.
SECTION 6: Renewal Option Number One (1) of FC-8899, State Lobbying Services will not become binding upon the City, and the City will incur no obligation or liability under it until it has been approved by the City Attorney as to form, executed by the Mayor or her designee, attested to by the Municipal Clerk and delivered to Holland & Knight, LLP.
Page 2 of 2
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AN ORDINANCE BY COUNCILM BER CLETA WINSLOW
AN ORDINANCE TO DE IGNATE, IN CONNECTION WITH THE NCAA MENS FINAL FOUR, A CERTAIN AREA OF DOWNTOWN ATLANTA AS A "TEMPORARY ENTERTAINMENT DISTRICT" BETWEEN THE DATES OF MARCH 30, 2020 THROUGH APRIL 7, 2020; AND FOR OTHER PURPOSES.
WHEREAS, Atlanta Code of Ordinances ("Code") Section 16-28A.004, set forth in the Atlanta Sign Ordinance, allows the City to delineate and designate certain areas of the Downtown Special Public Interest Zoning District ("SPI-1") a "Public Entertainment District" for a period not to exceed thirty (30) consecutive days, in connection with an "Entertainment Event" that meets certain criteria; and
WHEREAS, certain signage normally prohibited is allowed in the Public Entertainment District if permitted pursuant to the standard approval process set forth in the Sign Ordinance; and
WHEREAS, Downtown Atlanta contains facilities and venues which attract large events. These events draw large crowds that traverse the area on foot between hotels and transit stations and facilities and venues, creating potential for conflicts between pedestrians and vehicles over and above that which is normal or customary during other time periods; and
WHEREAS, vending on private property is controlled by licenses that require the approval of plans which are reviewed for site locations and queuing areas that do not impede the safe passage of pedestrians on sidewalks but, the distribution of commercial products at no cost make it difficult to accomplish this same public safety goal without additional restrictions; and
WHEREAS, numerous other cities in the United States that compete with the City for the limited number of events that have the capability to have a substantial positive economic impact during a short period of time have created similar processes to restrict certain activities that tend to impede the safe passage of pedestrians and disrupt the free flow of traffic, such that the City will be at a disadvantage unless it offers the availability of similar restrictions which are aimed at protection of the event participants and visitors; and
WHEREAS, even though there are often traffic plans and street closures associated with such events, it is in the best interest of the City, its residents and visitors and the traveling public that the City undertake as many reasonable precautions as possible to minimize the conflicts between pedestrians and vehicles in the defined area of a large event where there will be a large volume of pedestrians; and
Page 1 of 3
WHEREAS, the City of Atlanta is the host of the NCAA Men's Final Four, with major sport competitions and activities occurring during the period of March 30, 2020 and ends on April 7, 2020; and
WHEREAS, in addition to the Division I basketball games played at the Mercedes-Benz Stadium, the NCAA Experience will include free concerts at Centennial Park and indoor amusement activities for adults and children. The NCAA Men's Final Four is expected to draw large crowds to a fairly small area during a limited period of time.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:
Section 1: The City hereby finds that the NCAA Men's Final Four, which begins on March 30, 2020 and ends on April 7, 2020, qualifies as an "Entertainment Event" as defined in City Code Section 16-28A.004.
Section 2: The City hereby designates the area delineated on Exhibit "A" attached hereto and incorporated herein by reference (the "Event Zone") as a "Public Entertainment District", as such term is defined in City Code Section 16-28A.004, from March 30, 2020 12:01 am through April 7, 2020 at 11:59 p.m. Additional signage may be erected in said Public Entertainment Districts provided that they are permitted pursuant to the City's standard permitting process set forth in the Atlanta Sign Ordinance and meet the criteria established in City Code Section 16-28A.010(12)(i).
Section 3: It shall be unlawful for any person, business, organization or other entity to distribute commercial products at no cost within the Event Zone between March 30, 2020 at 9:00 a.m. through April 7, 2020 at 6:00 p.m. As used in this Ordinance, "commercial product" shall mean a product manufactured for the purpose of economic gain. This prohibition shall not apply to individuals distributing commercial products to family members and/or friends.
Section 4: Between March 30, 2020 at 9:00 a.m. through April 7, 2020 at 6:00 p.m., the Event Zone shall be included in subsection (a)(2) of the Code Section 150-296 entitled "Cruising on public streets". During those times, "cruising", as defined in City Code Section 150-296, shall be prohibited in the Event Zone, provided that ample signs are erected in or near the Event Zone to place drivers on notice of their prohibition. The number and location of signs shall be determined by the Atlanta Police Department. The Entertainment Event shall not be considered a "special event" within the meaning of City Code Section 150-296(b)(4).
Section 5: City Code Section 138-25(6) prohibiting advertisements or mercantile displays on bridges is hereby waived for the pedestrian bridge over Andrew Young International Boulevard between March 30, 2020 and April 7, 2020.
Section 6: Any ordinances and resolutions in conflict herewith are hereby waived for purposes of this Ordinance only, and only to the extent of the conflict.
Page 2 of 3
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AN ORDINANCE BY b ct, A k-Cp
AN ORDINANCE AMENDING THE FY 2020 (GENERAL FUND) BUDGET BY TRANSFERRING TO AND FROM APPROPRIATION THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLAS ($500,000) FOR THE PURPOSE OF AUTHORIZING THE ATLANTA DEVELOPMENT AUTHORITY D/B/A "INVEST ATLANTA" TO MAKE AN ECONOMIC OPPORTUNITY FUND "EOF" GRANT TO GOODWILL OF NORTH GEORGIA, INC., PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES AND REDEVELOPMENT SERVICES BETWEEN THE CITY OF ATLANTA AND INVEST ATLANTA; TO WAIVE CONFLICTING ORDINANCES FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES.
WHEREAS, The Atlanta Development Authority d/b/a Invest Atlanta ("Invest Atlanta") was duly created and exists under and by virtue of the Constitution and the laws of the State of Georgia (the "State"), in particular, the Development Authorities Law of the State (O.C.G.A. §36-62-1 et seq., as amended) and an activating resolution of the City Council of the City of Atlanta, Georgia (the "City"), 97-R-0177, duly adopted on February 17, 1997 and approved by the Mayor of the City on February 20, 1997, and is now existing and operating as a public body corporate and politic and an instrumentality of the State; and
WHEREAS, the City has designated Invest Atlanta as the economic development and redevelopment agent for the City and, as such, Invest Atlanta creates, manages and conducts special project, programs, initiatives and studies for the purposes of investment in the economic development, revitalization and growth of the City (collectively, the "Economic Development Services"); and
WHEREAS, pursuant to Resolution 19-R-3452, duly adopted on August 5, 2019 and approved by operation of law on August 14, 2019, the City entered into an Intergovernmental Agreement for Economic Development Services and Redevelopment Services with Invest Atlanta effective as of August 19, 2019 (the " 2019 IGA"); and
WHEREAS, the IGA provides for the funding by the City and management by Invest Atlanta of an Economic Opportunity Fund ("EOF"), to be utilized to increase the capital available for business growth by investing in significant job creation opportunities in the City; and
WHEREAS, Goodwill of North Georgia, Inc.proposes to transform a vacant parcel located at or near 2160 Metropolitan Parkway into a 38,400 SF state-of-the-art "Center for Workforce Innovation," consisting of a 14,800 SF job training center and community space, alongside a 23,600 SF retail space (the "Project"); and
WHEREAS, Invest Atlanta, in conjunction with its economic development partners, negotiated with Goodwill for the location of the Project within the City of Atlanta; and
Page 1 of 2
WHEREAS, Goodwill of North Georgia will invest $10.47 million in real and personal property related costs and connect 4,000 individuals with employment each year in the City of Atlanta; and
WHEREAS, Goodwill career centers offer an abundance of resources to support unemployed and underemployed Atlanta job seekers; and
WHEREAS, Invest Atlanta has determined that making this EOF Grant to Goodwill of North Georgia will result in significant job creation for local residents and business attraction along a key corridor within the City and therefore recommends approval by the City; and
WHEREAS, the City Council has determined that this would therefore be in the best interest of the City of Atlanta to fund an EOF grant to be made by Invest Atlanta to Goodwill of North America, Inc. in an amount not to exceed Five Hundred Thousand Dollars ($500,000) .
The Council of the City of Atlanta, Georgia hereby ordains as follows:
Section 1. That the FY 2020 (General Fund) Budget is hereby amended as follows:
Transfer From Appropriations: $500,000
Fund 1001 General Fund
Dept/Org 200101 NDP Reservation Fund
Account 5999901 Reserve Conversion Account
Function 1512000 Accounting
Transfer To Appropriations: $500,000
Fund 1001 General Fund
Dept/Org 200101 NDP Atlanta Development Authority
Account 5212001 Consulting/Professional Account
Function 7520000 Economic Development
Section 2. That the Chief Financial Officer is authorized to fund the full grant amount of Five Hundred Thousand Dollars ($500,000) to Invest Atlanta, the disbursement of which to Goodwill of North Georgia, Inc. shall be governed by a grant agreement between Invest Atlanta, as administrator of the EOF.
Section 3. That the grant agreement, or amendments thereto, which is entered into to memorialize the defined economic development benefits and obligations of the parties shall not be binding upon the City and the City shall not incur any obligations or liability therefor.
Section 4. That all ordinances or parts of ordinances in conflict herewith are waived to the extent of the conflict only.
Page 2 of 2
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AN ORDINANCE BY COUNCILMEMBER JOYCE SHEPERD
20 1017
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A ORDINANCE AUTHORIZING THE MAYOR OR HER DESIGNEE, ON BEHALF OF THE CITY OF ATLANTA, TO EXECUTE A HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) CONTRACT WITH HARTLAND STATION, L.P., IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND DOLLARS AND 00/100 ($800,000.00); FOR THE DEVELOPMENT OF AFFORDABLE MULTI-FAMILY HOUSING AT 2074 FLEET STREET SW, ATLANTA, GA 30315; FOR A TERM OF TWENTY-FOUR (24) MONTHS; AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta ("City") desires to increase the overall number of affordable housing units available to residents; and
WHEREAS, the Department of City Planning ("DCP"), Office of Housing and Community Development ("OHCD") manages the US Department of Housing and Urban Development ("HUD") HOME Investment Partnerships Program ("HOME") Multi-family Loan Pool and accepts applications for funding on a rolling basis for affordable multi-family housing projects seeking gap financing; and
WHEREAS, Hartland Station, L.P., ("Hartland") has requested HOME funds to fill their funding gap for the construction of new multi-family rental housing at a development to be known as Hartland Station at 2074 Fleet Street, SW, Atlanta, GA which will create one hundred and thirty-one (131) residential units of which ten (10) will be set aside for households at or below 50% of Area Median Income ("AMI"), one hundred (100) will be set aside for households at or below 60% of AMI, and the remaining twenty-one (21) will be market-rate; and
WHEREAS, OHCD has ensured that the proposed development aligns with the requirements of HOME funding, including but not limited to: 1) all necessary financing has been secured; 2) a budget and schedule have been established; 3) construction is scheduled to start within 12 months; 4) the experience and financial capacity of the developer has been evaluated; and 5) an underwriting and subsidy layering analysis has been completed; and
WHEREAS, HUD has released the HOME 2019 funds for disbursement in accordance with HOME Regulations; and
WHEREAS, pursuant to 19-0-1215, the City allocated funding through the multi family loan pool to support the construction activities outlined herein; and
WHEREAS, the Department of Finance, Office of Grants Management will submit a request for a Release of Funds from HUD to fund the development; and
WHEREAS, OHCD desires to enter into a HOME contractual agreement in an amount not to exceed Eight Hundred Thousand Dollars and Zero Cents ($800,000.00) with Hartland for the Hartland Station development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:
SECTION 1. The Mayor or her designee, on behalf of the City of Atlanta ("City"), is authorized to execute a contractual agreement with Hartland Station, L.P ("Hartland") in an amount not to exceed Eight Hundred Thousand and Zero Cents ($800,000.00) for a term not to exceed twenty-four (24) months.
SECTION 2. The City's Department of Finance, Office of Grants Management is authorized to allocate US Department of Housing and Urban Development ("HUD") HOME Investment Partnerships Program ("HOME") funds to Hartland Station, L.P. ("Hartland"). That the City's Department of Finance, Office of Grants Management, or its successor Department, is authorized allocate available HOME funds charged to, and paid from as shown below:
Developer Amount Fund Dept # Exp. Acct. Function Activity #
Project # Funding Source
Hartland Station, L.P.
800,000.00 2504 250305 3311101 7310000 300110 32555
Total $800,000.00
SECTION 3. The City Attorney or her designee, is authorized to prepare the appropriate agreements pursuant to the intent of this legislation for execution by the Mayor or her designee, to be approved by the City Attorney or her designee, as to form.
SECTION 4. This agreement shall not become binding on the City and the City shall incur no obligation or liability upon same until such time as the contract has been approved by the City Attorney or her designee as to form, signed by the Mayor or her designee, attested to by the Municipal Clerk and delivered to Hartland Station L. P.
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20 - 0 - 1018
BY COUNCILMEMEBER HOWARD SHOOK
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE, TO WAIVE THE SIDEWALK REQUIREMENTS SECTION 15-09.003 OF THE CITY OF ATLANTA CODE OR ORDINANCES; TO PROVIDE THAT A CERTAIN SUBDIVISION SD-19-017 (2829 WEST ROXBORO ROAD) APPLICANT DEPOSIT A DOLLAR AMOUNT ($5621.00) EQUAL TO THE VALUE OF THE REQUIRED SIDEWALK CONSTRUCTION INTO A DESIGNATED TRUST FUND ACCOUNT FOR DISTRICT 7; AND FOR OTHER PURPOSES.
WHEREAS, pursuant to the application for the subdivision of land submitted by the developer, in compliance with the provisions of Section 15-09.003 to provide sidewalk on both sides of existing as well as proposed street; and
WHEREAS, the construction of sidewalks along the frontage of the subdivision would adversely affect the appearance and character of the neighborhood due to the lack of any existing sidewalks on the streets that contain the proposed subdivided lots to which the sidewalks could connect.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows:
SECTION 1: The requirements of Section 15-09.003 of the City of Atlanta Code of Ordinance, which required that applications for the subdivision of land provide sidewalks, are hereby waived for Subdivision SD-19-017 (2829 West Roxboro Road).
SECTION 2: That the waiver of said requirements for the aforementioned application are conditioned upon the agreement of the applicant to pay to the City of Atlanta a dollar amount equal to the value of construction ($5621.00) of said sidewalks as required by Section 15-009.03 and as determined by the Commissioner of The Department of Public Works.
SECTION 3: That before the Director of the Bureau of Building issues any building permit for construction within the subdivision sited above, paid funds ($5621.00) shall be deposited into Trust Fund Account 7701 (Trust Fund), 250403 (PDC Planning), 3229005 (Sidewalk Waiver Fees), 7410000 (Planning and Zoning), 600117 (Council District 7 Sidewalk Waiver), 69999, to be used for pedestrian improvements and sidewalk construction only in Council District 7.
SECTION 4: That in the event the applicant withdraws the subdivision request this ordinance is void and of no further effect.
SECTION 5: That all other requirements of the Code of Ordinances for the subdivision sited above shall remain in full force and effect.
SECTION 6: That all ordinances and parts of ordinances in conflict herewith be and the same are hereby waived.
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AN ORDINANCE BY COUNCILMEMBER MARCI COLLIER OVERSTREET
AN ORDINANCE TO AMEND CHAPTER 150, (TRAFFIC AN) VEHICLES), OF THE ATLANTA CITY CODE OF ORDINANCES TO UPDATE THE REGULATIONS RELATED TO SHAREABLE DOCKLESS MOBILITY DEVICES; TO EXTEND EXISTING SHAREABLE DOCKLESS MOBILITY DEVICE ANNUAL PERMITS; AND FOR OTHER PURPOSES.
WHEREAS, it is the desire of the City to support a variety of viable transportation options including Shareable Dockless Mobility Devices as alternatives to driving; and
WHEREAS, Ordinance Number 18-0-1322 was adopted by the Atlanta City Council on January 7th, 2019 which amended Chapter 150 of the City of Atlanta Code of Ordinances to create a new Article X, entitled Shareable Dockless Mobility Devices; and
WHEREAS, 18-0-1322 established regulations related to shareable dockless mobility devices, which included a requirement that Dockless Mobility Device System Operators secure a permit issued by the City for the operation of Dockless Mobility Device Systems in the City of Atlanta; and
WHEREAS, Ordinance Number 19-0-1429 was adopted by the Atlanta City Council on August 19th, 2019 which amended Chapter 150 of the City of Atlanta Code of Ordinances to repeal the Department of City Planning's Authority to issue new Shareable Dockless Mobility Device permits; and
WHEREAS, permits for 8,000 Shareable Dockless Mobility Devices across four companies expire in February 2020; and
WHEREAS, it is the desire of the City to continue to regulate Shareable Dockless Mobility Devices and issue an updated Shareable Dockless Mobility Device permit to a limited number of companies in 2020; and
WHEREAS, the City desires to maintain Shareable Dockless Mobility Device access for residents and wishes to maintain the status quo regarding the number of companies and devices deployed while the approach to SDMDs is reconsidered and until a revised permit process is in place.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:
SECTION 1: That Chapter 150 Article X of the City of Atlanta Code of Ordinances, entitled "Shareable Dockless Mobility Devices", shall be amended so that it shall read as follows (with permanent deletions in strikethrough font and permanent additions in bold underlined font):
ARTICLE X. - SHAREABLE DOCKLESS MOBILITY DEVICES Sec. 150-401. - Permit requirements.
(a) No shareable dockless mobility device system operator may allow its dockless mobility devices to be parked on the city's right of way, or on city property, including, but not limited to on any sidewalks, in any loading zone, driveway, vehicle travel lane, bike lane, shared-use paths, or within city parks.
(b) Upon conviction of a violation of this section in the Atlanta Municipal Court, a shareable dockless mobility device system operator shall be subject to a $1,000.00 civil monetary fine. Each device found parked in violation of this section shall constitute a separate offense.
(c) Any shareable dockless mobility device system operator holding a shareable dockless mobility device permit issued prior to August 19, 2019 may continue to operate in accordance with the terms of its issuance and in accordance with Chapter 150, Article X, through the expiration date of the permit; and the prohibition set forth in this Section shall not apply to any such permit holders through the expiration date of the annual permit.
(d) In addition to the requirements in subsection (c), any shareable dockless mobility device system operator holding a shareable dockless mobility device permit issued prior to August 19, 2019 is eligible to extend its permit on a month by month basis in accordance with the Administrative Regulations.
(1) Lel Under no circumstance shall any operators be exempt from the prohibition set forth in subsection (a) of this Section in accordance with subsection (c) and (d) of this Section subsequent to August 19, 2020.
SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.
SECTION 3: That the Municipal Clerk is instructed to deliver this ordinance to the Mayor for approval posthaste immediately upon adoption by the Atlanta City Council.
SECTION 4: That the amendments in this ordinance shall become effective immediately upon approval.
SECTION 5: That the Municipal Clerk is instructed to retain all legislative history references in the codified version of Chapter 150, including Editor's notes, and shall not delete any such references, but shall amend them to include reference to this ordinance.
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20 - 0 - 1020
AN ORDINANCE BY COUNCILMEMBER CARLA SM T
AN ORDINANCE AMENDING THE 2020 (INTERGOVERNMENTAL GRANT FUND BUDGET), BY ADDING TO ANTICIPATIONS AND APPROPRIATIONS IN THE AMOUNT OF ONE HUNDRED SEVENTY-TWO THOUSAND, SIX HUNDRED FIFTY-EIGHT DOLLARS AND THIRTY-THREE CENTS ($172,658.33) ON BEHALF OF THE ATLANTA FIRE RESCUE DEPARTMENT FOR THE PURPOSE OF FUNDING THE CAR SEAT FITTING STATION PROGRAM DEVELOPED BY THE ATLANTA FIRE RESCUE DEPARTMENT, AND FOR OTHER PURPOSES.
WHEREAS, the Atlanta Fire Rescue Department and the Governor's Office of Highway Safety previously and successfully partnered to implement the Child Car Safety Seat Program which has gained national prominence in its field; and
WHEREAS, this program provides Child Car Safety Seats, proper installation instruction and safety education to residents of City of Atlanta and the state of Georgia free of charge; and
WHEREAS, the one hundred seventy-two thousand, six hundred fifty-eight dollars and thirty-three cents $172,658.33 will be used solely for the operation of the Car Safety Seat Fitting Program for the benefit of the residents of the City of Atlanta and the State of Georgia.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows:
Section 1: That the Mayor or her designee is hereby authorized to sign and execute related grant agreements:
Section 2: That the 2020 Intergovernmental Grant Fund be and hereby is amended as follows:
ADD TO ANTICIPATIONS
2501 Intergovernmental Fund 230101 Atlanta Chief of Fire & Rescue 599999 Project & Grants Budget Summary 1320000 Fire Chief 300195 Car Safety 2020 32571 Child Safety
Page 1 of 2
ADD TO APPROPRIATIONS
2501 Intergovernmental Fund 230101 Atlanta Chief of Fire & Rescue 599999 Project & Grants Budget Summary 1320000 Fire Chief 300195 Car Safety 2020 32571 Child Safety
Page 2 of 2
Governor's Office of Highway Safety 7 Martin Luther King Jr Drive • Suite 643 • Atlanta, Georgia 30334 Telephone: 404.656.6996 or 888.420.0767 • Facsimile: 404.651.9107
www.gahighwa-ysafety.org
Brian P. Kemp Allen Poole
GOVERNOR
DIRE( TOR
November 5, 2019
Randall Slaughter Atlanta Fire Rescue Department, City of 226 Peachtree St. SW Atlanta, GA 30303
Re: Application #: GA-2020-Atlanta Fl-00073-C Grant #: GA-2020-402 OP-073 Project Title: Atlanta Fire Rescue Fitting Stations CFDA N: 20.600
Dear Randall Slaughter:
Congratulations! It is my pleasure to inform you that your application in the amount of 172,658.33 federal funds has been approved The effective date of the grant is November 5, 2019 through September 30, 2020. Allowed costs incurred within this period are reimbursable at a rate of 100% of the approved federal funds allocated above. Please keep in mind that all GOHS Grant funds must be identified separately in your accounting system. For additional details, please reference the Grant Terms and Conditions #5 entitled, "Accounting Records/Source Documentation!'
As a reminder, GOHS and the National Highway Traffic Safety Administration (NHTSA) must provide your agency with written approval prior to the purchase of any equipment item costing $5,000.00 or more. Throughout this process, your agency must ensure that their local procurement policies as well as the
fitly America Act requirements are followed. If local policies are not available, your agency must use the State of Georgia procurement procedures.
GOHS is required to complete Risk Assessments on each grantee prior to the award and notify the grantee of the outcome. The Risk Assessment is based upon prior grants, audit reports, and/or interaction during the application process. Your agency's Risk Assessment score for the FFY2020 grant year is High. For additional information, please review the enclosed attachment entitled, "Risk Assessment".
If your jurisdiction/agency (combined) receives federal funds of $750,000.00 or more in a year, an audit is required in accordance with OMB Circular A 133. A copy of the audit report must be submitted to the Governor's Office of Highway Safety (GOHS) prior to September 30, 2020.
Agencies awarded federal funds through GOHS are required to receive their reimbursement payments electronically. If your agency received funds in FFY 2019, please review the information previously submitted on your Vendor Management form (VMF) and update if needed by utilizing the enclosed "revised" VMF. if no changes are needed, GOHS will continue to use the information previously submitted to reimburse electronically. Agencies that did not receive federal funds in FFY 2019 must complete the enclosed VMF. Please note that in completing the VMF, GOHS will complete the Supplier's number under Section 1 along with Section 5 once submitted. Upon completion, please mal the VMF to Ms. Janice Crawford, G01-15 Accounts Payable Administrator at the above address OR email her at, jcrawfordPeohs.ea.Rov no later than November 15, 2019. Once claims for reimbursement have been submitted, your agency can verify the payment status on the State of Georgia Accounting Office's vendor management portal at htto :,//sao.ee.,oreia goy/vendor-payment-management.
The Grant Terms and Conditions contain important Information from CONS. Enclosed you will find updated Grant Terms and Conditions (Sept 2019) as well as GOHS Special Conditions governing the above-referenced project. These documents clearly identify the guidelines and requirements governing your grant Please note that promotional/ incentive type items may not be reimbursed. This includes, but is not 'orbited to, key chains, shirts, cups, pens, and bags.
A copy of your grant application may be downloaded at Irittoligesrgia intelhgrants.cOrh. After logging in, search for your grant by clicking on the Applications/Grants tab at the top of the page. Once you have located the appropriate grant, go to Access Management Tools and you will see the link to create a pdf.
Included with this letter Is a copy of your signed certification page for your files.
Should you have questions regarding the content of this letter, please contact your assigned grant manager, Ms Scarlett Woods at (404) 656-6996. GOHS looks forward to your partnership in helping to make Georgia's
roadways safer.
Sincerely,
Allen Poole Director
AP
Enclosures (5)
cc: Mr. Tony Terrell, Agency Administrator Shiandra Hardin, Financial Officer Ms. Scarlet Woods, Planner/Grant Manager
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20 - 0 - 1021
AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE AUTHORIZING A DONATION, IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15,000.00 TO THE EAST ATLANTA COMMUNITY ASSOCIATION; AND FOR OTHER PURPOSES.
WHEREAS, the East Atlanta Community Association focuses its contributions to the community by providing community services, influencing public policy and supporting community members, businesses and projects; and
WHEREAS, in November 2019, it was announced that the Atlanta Peach Drop would be placed on hiatus for 2020 in order to re-evaluate and expand the event; and
WHEREAS, due to the surprise cancellation of the Atlanta Peach Drop, there was an unanticipated increase in attendees for the New Year's Eve Rooster Drop making it a citywide event; and
WHEREAS, at the urging of the police, the East Atlanta Community Association tripled the number of off-duty police, doubled the number of Porta Potties, and ensured additional barricades were present; and
WHEREAS, it is the desire of the City of Atlanta to donate Fifteen Thousand Dollars and Zero Cents ($15,000.00) to assist East Atlanta Community Association with additional costs incurred by their event.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
SECTION 1: That the Chief Financial Officer is authorized to remit a donation in an amount not to exceed Fifteen Thousand Dollars and Zero Cents ($15,000.00) to East Atlanta Community Association to assist with additional costs incurred for the New Year's Eve Rooster Drop.
SECTION 2: That all payments shall be charged to and paid from the following account:
SECTION 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only and only to the extent of the conflict.
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20 - 0 - 1022
AN 0 INANCE BY C O UNCILMEMBER J.P. MATZIGKEIT TO AMEND THE CITY OF ATLANTA COD OF ORDINANCES PART 16 ZONING, CHAPTERS 3 AND 4, SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS FOR R-1 AND R-2 BY ADDING A SUBSECTION 4 UNDER MINIMUM LOT REQUIREMENTS TO PROHIBIT THE DEVELOPMENT OF NEW SINGLE-FAMILY DWELLINGS ON LAND-LOCKED, NON-CONFORMING LOTS IN HISTORIC NEIGHBORHOODS; AND FOR OTHER PURPOSES.
WHEREAS, the City of Atlanta is made up of neighborhoods with a variety of lot sizes which creates a diverse fabric of unique neighborhoods and communities,
WHEREAS, some of these neighborhoods are recognized as historic by way of being listed on the National Register of Historic Places and many have their own local designation; and
WHEREAS, one of the special characteristics of many of these historic neighborhoods is their lot patterns, which for R-1 through R-2, provide for larger lots and yards; and
WHEREAS, with the continued development of the city, it is important to preserve these historically larger lots, which the Subdivision Ordinance seeks to do by requiring that any new subdivision of land in historically recognized areas have lot patterns consistent with the current historic lot patterns; and
WHEREAS, this has become even more critical for R-1 and R-2 historic neighborhoods, where lot fragments leftover from the initial development of the neighborhood are beginning to be developed even though they are fronted and backed by existing single-family homes and thereby have no street frontage and do not meet or conform with the existing historic lot sizes or patterns; and
WHEREAS, allowing the development into single-family dwellings of these non-conforming, land-locked fragments of land in historically recognized R-1 and R-2 zoned neighborhoods would be detrimental to the existing historic character and lot patterns in these historic neighborhoods and is something the City seeks prohibit in order to preserve the historical significance of these historic neighborhoods.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
SECTION 1: That the following Subsection 4. be added to Part 16 Zoning, Chapter 3 R-1 Single Family Residential District Regulations Sec. 16-03.007 Minimum lot requirements to read as follows:
Sec. 16-03.007.
Last Updated: 01/6/20 Page 1 of 5
(4) If a lot has no existing street frontage, is non-conforming with the historic surrounding lot pattern and is within a historic neighborhood recognized on the federal or local level it cannot be developed into a new, single-family dwelling.
SECTION 2: That the following Subsection 4. be added to Part 16, Chapter 4 R-2 Single Family Residential District Regulations Sec. 16-04.007 Minimum lot requirements to read as follows:
Sec. 16-04.007.
(4) If a lot has no existing street frontage, is non-conforming with the historic surrounding lot pattern and is within a historic neighborhood recognized on the federal or local level it cannot be developed into a new, single-family dwelling.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.
Last Updated: 01/6/20 Page 2 of 5
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20 - 0 - 1023
AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE IMPOSING A MORATORIUM ON THE ACCEPTANCE OF ANY APPLICATION FOR SPECIAL ADMINISTRATIVE PERMIT OR BUILDING PERMIT FOR WHICH A SPECIAL ADMINISTRATIVE PERMIT HAS NOT BEEN APPLIED FOR, INCLUDING LAND DISTURBANCE PERMITS, FOR ANY PROPERTY ABUTTING THE INTERSECTION OF FLAT SHOALS ROAD AND BOULDERCREST ROAD FOR A PERIOD NOT TO EXCEED NINETY DAYS (90); AND FOR OTHER PURPOSES.
WHEREAS, the purpose and intent of the Neighborhood Commercial (NC) zoning districts is to encourage pedestrian flow through the design of mixed-use buildings with sidewalk level retail uses; and
WHEREAS, the Neighborhood Commercial (NC) zoning district regulations promote a nodal form of neighborhood commercial areas to include proportionately significant residential uses; and
WHEREAS, property abutting the intersection of Flat Shoals Road and Bouldercrest Road would benefit from and be enhanced by the Neighborhood Commercial (NC) zoning district regulations; and
WHEREAS, the City Council finds that it is to the benefit of the residents in this area to promote a balance of commercial and residential uses; and
WHEREAS, it is necessary to impose an additional moratorium to maintain the status quo while the zoning process is finalized and the NC zoning district is completed; and; and
WHEREAS, moratoria are a well-recognized and court-sanctioned land use tool in furtherance of local planning and zoning powers by preserving the status quo while the governing authority formulates a more permanent development strategy. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency., 535 U.S. 302 (2002); City of Roswell v. Outdoor Systems., Inc., 274 Ga. 130 (2001).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
Section 1. A moratorium is imposed and the Director of the Office of Buildings and the Director of the Office of Zoning and Development shall accept no application for a special administrative permit, a land disturbance permit, or a building permit for new construction for any property abutting the intersection of Flat Shoals Road and Bouldercrest Road, said properties are more specifically listed on "Exhibit A", for a period not to exceed ninety days (90).
Section 2. For the purposes of this ordinance, new construction shall be defined as any construction which would result in one or more new buildings, increased lot coverage, and/or modification of the existing building footprint. Additions to existing buildings shall constitute new construction.
ELMS ID # 20580
Section 3. The moratorium imposed by this ordinance will expire ninety days (90) from the date that this ordinance becomes effective. Notwithstanding the foregoing, if there is a final vote of the City Council on a proposed rezoning before the expiration of the ninety days (90) the moratorium will expire on the date when the proposed rezoning become effective or on the date when the City Council votes to deny the proposed rezoning.
Section 4. This moratorium shall not preclude the Director of the Office of Buildings from accepting or issuing a land disturbance or building permit for which a special administrative permit has been applied for or issued for proposed multifamily dwelling prior to the effective date of this ordinance.
Section 5. This ordinance shall become effective immediately upon signing by the Mayor or as otherwise provided by the operation of law.
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AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN M. ARCHIBONG
AN ORDINANCE TO AMEND THE 1982 CITY OF ATLANTA ZONING ORDINANCE, AS AMENDED, BY REZONING VARIOUS PROPERTIES AT THE INTERSECTION OF FLAT SHOALS AVENUE AND BOULDERCREST AVENUE FROM R-4 (SINGLE FAMILY RESIDENTIAL) AND C-1 (COMMUNITY BUSINESS) TO NC-3 (KIRKWOOD NEIGHBORHOOD COMMERCIAL) DISTRICT AND FROM C-1 (COMMUNITY BUSINESS) TO NC-3 (KIRKWOOD NEIGHBORHOOD COMMERCIAL) DISTRICT AND TO AMEND THE BOUNDARIES OF THE NC-3 (KIRKWOOD NEIGHBORHOOD COMMERCIAL) DISTRICT; AND FOR OTHER PURPOSES.
WHEREAS, the Neighborhood Commercial District ordinance serves to protect existing and developing neighborhood-oriented commercial areas from incompatible uses and preserve and restore existing, traditional and pedestrian scale buildings in established, historic neighborhood commercial districts, as well as create new pedestrian oriented commercial nodes; and
WHEREAS, the Neighborhood Commercial District ordinance allows the longstanding business and property owners within the commercial district to accommodate the needs of the adjacent neighborhoods; and
WHEREAS, the City Charter, at Section 1-102(b), provides that the City shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the City and its inhabitants; and
WHEREAS, the City Council of the City of Atlanta finds that this rezoning is in the best interest of the public health, safety, and welfare.
WHEREAS, the 1982 Zoning Ordinance and official zoning maps should be amended to include the proposed new designation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, AS FOLLOWS:
Section 1: That the 1982 Zoning Ordinance of the City of Atlanta is hereby amended by rezoning the properties listed on "Attachment A" and "Attachment B" at the intersection of Flat Shoals Avenue and Bouldercrest Avenue from R-4 (Single Family Residential) and C-1 (Community Business) to NC-3 (Kirkwood Neighborhood Commercial) District and from C-1 (Community Business) to NC-3 (Kirkwood Neighborhood Commercial) District and to amend the boundaries of the NC-3 (Kirkwood Neighborhood Commercial) District.
Section 2: That the 1982 Zoning Ordinance Map of the City of Atlanta is hereby amended as shown on "Attachment A" and "Attachment B".
Section 3: That all ordinances or parts of ordinances in conflict with this ordinance shall be repealed.
20 - 0 - 1024
ELMS ID# 20582
2
Admendment 'A' NC-3 Flat Shoals Avenue
1141111141 15 146 12 006 820 Flat Shoals Road C-1 & R-4 to NC-3
Legend
Current Zoning Boundary
Flat Shoals NC3 Properties
Parcels
15 146 12 004 848 Flat Shoals Avenue
C-1 to NC-3
15 146 12 015 839 Flat Shoals Avenue
C-1 to NC-3
c-1 15 146 12 036
15 146 12 034 855 845 Flat Shoals Bouldercrest Avenue C-1 to NC-3
Drive C-1 to NC-3
N
15 146 12 033 887 Bouldercrest
Drive C-1 to NC-3 lipr R-4
15 146 12 005 854 Flat Shoals
Avenue C-1 to NC-3
15 146 12 007 1570 Flat Shoals Road C-1 & R-4 to NC-3
15 146 10 022 1600 Flat Shoals Avenue
C-1 to NC 3
15 146 12 041 886 Boudlercrest
Drive C-1 to NC-3 Flat
15 146 12 040 876 Bouldercrest Drive C-1 to NC-3
5 146 12 008 1580 Flat Shoals Road C-1 & R-4 to NC-3
Date: 12/20/2019
Requested By:
User Name: STHenderson
Path: l: egis_work dpcd \ projects \ Stewart \ FlatShoelsNC3.mxd
Department of
CITY PLANNING
R-4
THIS MAP IS PROVIDED AS A PUBLIC SERVICE The City of Atlanta has made known that this Data contains kn errors and Inconsistencies. The City of Atlanta in no way emurepresents or warrants the accuracy and/or reliability of the C and/or map products being develOped. The user of the Data, or maP Products assumes all risks and liabilities which may ar from the Information produced by Maps or Data furnished to by the City of Atlanta
0.0t Dm 004 0.06 DOB
Parcel ID Address
AITACHMENT B
Current Zoning Proposed Zoning 15 146 12 15 839 Flat Sholas Avenue C-1 NC-3
15 146 12 004 848 Flat Shoals Avenue C-1 NC-3 15 146 12 005 854 Flat Shoals Avenue C-1 NC-3 15 146 12 006 820 Flat Shoals Avenue C-1 and R-4 NC-3
15 146 12 007 1570 Flat Shoals Road C-1 and R-4 NC-3
15 146 12 008 1580 Flat Shoals Road C-1 and R-4 NC-3 15 146 10 022 1600 Flat Shoals Avenue C-1 NC-3 15 146 12 041 886 Bouldercrest Drive C-1 NC-3 15-146 12 040 876 Bouldercrest Drive C-1 NC-3 15 146 12 033 887 Bouldercrest Drive C-1 NC-3 15 146 12 034 885 Bouldercrest Drive C-1 NC-3 15 146 12 035 873 Flat Shoals Avenue C-1 NC-3
15 146 12 036 845 Flat Shoals Avenue C-1 NC-3 15 146 12 015 839 Flat Sholas Avenue C-1 NC-3
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20 - 0 - 1025
AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH AND NATALYN MOSBY ARCHIBONG
AN ORDINANCE TO AMEND THE 1982 ATLANTA ZONING ORDINANCE, AS AMENDED, BY AMENDING THE NC-2 (EAST ATLANTA VILLAGE NEIGHBORHOOD COMMERCIAL) DISTRICT TO ALLOW MICROBREWERIES AND MICRODISTILLERIES AS A USE BY SPECIAL USE PERMIT; AND FOR OTHER PURPOSES.
WHEREAS, the East Atlanta Village Neighborhood Commercial District was adopted to protect existing neighborhood-oriented commercial areas from uses and building forms which are incompatible with the scale, character and needs of the adjacent neighborhoods; and
WHEREAS, the opportunities for commercial economic redevelopment are numerous in the East Atlanta Village; and
WHEREAS, the text amendment will positively impact the educational, cultural, and economic potential of the East Atlanta Village Neighborhood Commercial District.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:
SECTION 1. So as to hereafter allow microbreweries and microdistilleries as a use by special use permit the Zoning Ordinance of the City of Atlanta amends 16-32B.002(4) which currently reads:
4. Special Use Permits. In further limitation of those uses only permissible by special use permit set forth in section 16-32.007:
a. The following establishments greater than 8,000 square feet of floor area: Commercial recreation establishments, including theaters and health and fitness establishments, and other places of assembly and similar uses with primary activities conducted within fully enclosed buildings.
b. The following establishments between 8,000 and 15,000 square feet of floor area: Banks, credit unions, savings and loan associations, and similar financial institutions but not including any drive-through service window.
Is hereby amended to read:
4. Special Use Permits. a. In addition to those uses specified as permissible by special use permit set forth in section 16-32.007, the uses listed below shall be permissible only with a special use permit:
i. Microbrewery, as defined by Part II, Chapter 10, Article I, Section 10-1, at the time of the adoption of this ordinance. (Hereinafter "Alcohol Code, Section 10-1"). All approvals for a special use permit shall be deemed to contain all of the numbered conditions as listed below unless a condition is expressly modified or otherwise excluded in the approval for a special use permit:
ELMS ID # 20584
1. Containers. All drinks shall be served in non-disposable containers of glass, metal, or ceramic material.
2. Sound. No sound. amplified or otherwise, shall be audible outside of the "premises," as defined by Alcohol Code, Section 10-1, at the time of the adoption of this ordinance.
3. Licensee. If the person who is the licensee for the City of Atlanta Alcoholic Beverage License ceases to be the licensee, then this special use permit shall expire 90 days after the person ceases to be the licensee, and a new special use permit must be in place for the establishment to continue operations.
4. Door Access and Loading Bays. Doors and loading bays facing any street shall be closed at all times, except during the ingress/egress of individuals, the movement of raw materials, other supplies and finished products into and out of the building.
5. Loading/Unloading Materials. Permittee must present a unloading and loading plan for all materials, which shall be attached to this permit. The written plan shall also be accompanied by scale drawings showing any of the elements discussed in the plan. One drawing shall be for loading and a second for unloading. The plan must, at a minimum, discuss the following: 1) Where vehicles involved in loading/unloading will be located during the process; 2) The amount of time the vehicles shall be parked during the process; 3) The amount of time required for loading/unloading; 4) The times of day that loading/unloading shall take place; 5) The volume of material being moved; 6) The path of travel for loading/unloading materials, and; 7) Any lanes of travel that shall be blocked during the process and the arrangements that shall be made to handle any blockage.
6. Duration. The duration of a special use permit for this use shall be two (2) years. If a special use permit is being renewed, then unless otherwise stated, the first renewal shall be for a period of five (5) years, the second and any subsequent renewals shall be for a period of ten (10) years.
7. Storage. No items shall be stored outside of the premises. This includes but is not limited to trash, barrels, kegs, and equipment.
8. Off Street Parking Requirements. Shall be the same for this use as for Eating and Drinking Establishments.
ii. Microdistillery. Is defined as an establishment that manufactures Distilled Spirits on the premises and sells Distilled Spirits only, neither Malt Beverages nor Wine. The terms Malt Beverages, Wine and Distilled Spirits as used herein are as defined by Alcohol Code, Section 10-1, at the time of the adoption of this ordinance. All approvals for a special use permit shall be deemed to contain all of the numbered conditions as listed below unless a condition is expressly modified or otherwise excluded in the approval for a special use permit:
ELMS ID # 20584
1. Containers. All drinks shall be served in non-disposable containers of glass, metal, or ceramic material.
2. Sound. No sound, amplified or otherwise, shall be audible outside of the "premises," as defined by Alcohol Code, Section 10-1, at the time of the adoption of this ordinance.
4. Licensee. If the person who is the licensee for the City of Atlanta Alcoholic Beverage License ceases to be the licensee, then this permit shall expire Ninety (90) days after the person ceases to be the licensee, and a new special use permit must be in place for the establishment to continue operations.
5. Door Access and Loading Bays. Doors and loading bays facing any street shall be closed at all times, except during the ingress/egress of individuals, the movement of raw materials, other supplies and finished products into and out of the building.
6. Loading/Unloading Materials. Permittee must present a unloading and loading plan for all materials, which shall be attached to this permit. The written plan shall also be accompanied by scale drawings showing any of the elements discussed in the plan. One drawing shall be for loading and a second for unloading. The plan must, at a minimum, discuss the following: 1) Where vehicles involved in loading/unloading will be located during the process; 2) The amount of time the vehicles shall be parked during the process; 3) The amount of time required for loading/unloading; 4) The times of day that loading/unloading shall take place; 5) The volume of material being moved; 6) The path of travel for loading/unloading materials, and; 7) Any lanes of travel that shall be blocked during the process and the arrangements that shall be made to handle any blockage.
7. Duration. The duration of a special use permit for this use shall be Two (2) years. If a special use permit is being renewed, then unless otherwise stated, the first renewal shall be for a period of Five (5) years, the second and any subsequent renewals shall be for a period of Ten (10) years.
8. Storage. No items shall be stored outside of the premises. This includes, but is not limited to trash, barrels, kegs, and equipment.
9. Entertainment. No Entertainment, as defined by Alcohol Code, Section 10-1 as of the date of the adoption of this ordinance, is permitted.
10. Off Street Parking Requirements. Shall be the same for this use as for Eating and Drinking Establishments.
b. In further limitation of those uses only permissible by special use permit set forth in section 16-32.007:
a. The following establishments greater than 8,000 square feet of floor area: Commercial recreation establishments, including theaters and health and
ELMS ID # 20584
fitness establishments, and other places of assembly and similar uses with primary activities conducted within fully enclosed buildings.
b. The following establishments between 8,000 and 15,000 square feet of floor area: Banks, credit unions, savings and loan associations, and similar financial institutions but not including any drive-through service window.
SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance is hereby repealed.
SECTION 3. This ordinance shall become effective immediately upon its approval by the City Council and signature by the Mayor or by operation of law.
ELMS ID # 20584
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20 - 0 - 1026
AN ORDINANCE BY COUNCILMEMBER ANTONIO BROWN
AN ORDINANCE TO AMEND THE 1982 ATLANTA ZONING ORDINANCE, AS AMENDED, (PART 16 OF THE LAND DEVELOPMENT CODE), SO AS TO CREATE CHAPTER 40 MARIETTA STREET ARTERY OVERLAY; AND FOR OTHER PURPOSES.
WHEREAS, according to the City of Atlanta 2016 Comprehensive Development Plan (CDP), the NPU M policies encourage infill development that is compatible with surrounding areas; and
WHEREAS, the Marietta Street Artery is a part of Subarea 4 of the D3 Westside Revive Plan and residents recognize that new development is coming, and they hope to preserve the character of the neighborhood; and
WHEREAS, the Marietta Street Artery neighborhood rapid evolution from an industrial transportation artery to a diverse mixture of residential, retail, commercial, industrial, and recreational uses requires special consideration; and
WHEREAS, the purpose and intent of the overlay intends to anticipate, and restrict or encourage as may be appropriate, certain uses as well as the size and scale of those uses; and
WHEREAS, the City Council finds that it is to the benefit of the residents the Mareitta Street Artery neighborhood to promote a balance of commercial and residential uses which serve NPU M; and
WHEREAS, the City Charter, at Section 1-102(b), provides that the City shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the City and its inhabitants; and
WHEREAS, this ordinance is adopted pursuant to Georgia Constitution Article IX, Section II, Paragraph IV which empowers the governing authority of each county and of each municipality to adopt plans and exercise the power of zoning; and
WHEREAS, the City Council of the City of Atlanta finds that this rezoning in the best interest of the public health, safety, and welfare.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:
Section 1. The Atlanta Zoning Ordinance, City Code of Ordinances, Part 16 (Zoning), is hereby amended by adding a new Chapter 40 entitled "Marietta Street Artery Overlay", which shall read as shown on Exhibit "A" attached hereto and incorporated herein by reference.
Section 2. The Official Zoning Map, as amended, is hereby further amended as shown on Exhibit "B", attached hereto and incorporated herein by this reference.
ELMS ID# 20585
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of any conflict.
Section 4. It is declared the intention of the City of Atlanta that the provisions of any part of this ordinance are severable. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in the judgment. If a court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, development, building or structure, such judgment shall not affect the application of said provision to any other property, development, building or structure not specifically included in said judgment.
ELMS ID# 20585
Exhibit A
CHAPTER 40. MARIETTA STREET ARTERY OVERLAY DISTRICT
Sec. 16-40.001. Scope of regulations.
These regulations constitute the Marietta Street Artery Overlay District. The scope of these regulations are as follows:
1. The existing zoning map and underlying zoning regulations governing all properties within the Marietta Street Artery Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, these existing zoning regulations. Whenever the following overlay regulations vary from the existing underlying zoning regulations, the regulations of this Chapter 40 shall apply.
2. Whenever the following regulations vary from regulations applicable to historic or landmark buildings, sites or districts designated under the provisions of Part 16, Chapter 20, the more stringent regulations shall apply.
Sec. 16-40.002. Findings and statement of intent.
The City finds that that the Marietta Street Artery neighborhood is a unique, mixed use area of Atlanta. Its rapid evolution from an industrial transportation artery to a diverse mixture of residential, retail, commercial, industrial, and recreational uses requires special consideration to ensure that future development and redevelopment within this area reflect a mixture of uses that promote the public health, safety and welfare. Rapid rail and beltline transit opportunities within this overlay are currently limited, making use, size, and parking limitations appropriate in order to reflect these transportation realities. In establishing this Overlay District, the City intends to anticipate, and restrict or encourage as may be appropriate, certain uses as well as the size and scale of those uses, in a manner that: (i) Is consistent with the comprehensive development plan; (ii) Properly balances increasing residential and retail uses with the district's ongoing commercial and industrial development; and (iii) Provides greater regulation of businesses within the district that attract large numbers of people in combination with alcohol sales by the drink during late evening and early morning hours.
Sec. 16-40.003. Use Regulations.
The following use restrictions and regulations shall apply to all property within this district:
1. Prohibited Uses: Service stations, gasoline service stations, battery exchange stations, car washes, tire and repair shops, paint and body shops, cement manufacturers, concrete plants, junkyards, salvage yards, and scrap metal processors are prohibited.
2. Self-storage facilities:
a. Are prohibited as a principal permitted use.
b. Are authorized as an accessory use to another principal permitted use provided:
i. Such accessory storage use is limited to 10% of the square footage of the principal permitted use; and
ii. Such accessory storage use shall not be provided for a minimum depth of 60 feet from any building façade along the public sidewalk.
3. Drive-through uses.
a. Within 200 feet of Northside Drive. Drive-through uses, including service windows, drive-through structures and associated queuing, are authorized when located within a distance of 200 feet of Northside Drive, measured in a straight line from the closest edge of the Northside Drive public right-of-way to the closest property line of the establishment using the drive-through.
b. All other locations: If such uses are not located within 200 feet of Northside Drive, they are authorized only when embedded within enclosed buildings or enclosed parking structures, provided they are located a minimum depth of 60 feet from all sidewalk-level building façades.
4. Limitations on non-residential uses exceeding 7,500 square feet.
a. All non-residential uses or establishments exceeding 7,500 square feet in area in which alcoholic beverages are sold or consumed on the premises require a special use permit. This special use permit requirement also applies to such uses or establishments previously under 7,500 square feet if subsequent renovations, additions, or other expansions result in the total square footage exceeding 7,500 square feet. This requirement does not apply to establishments that are licensed to sell alcoholic beverages only by the package, hotels, city food markets, city park organizations, continuing education centers, government centers, parks, park facilities, outdoor markets, retail grocery supermarkets, schools, or suite hotels, as those terms are defined in section 10.1 of the Code of Ordinances (article 1, Chapter 10 "Alcoholic Beverages"). For purposes of this section 16-40.003(4), "area" shall mean and include the total gross square footage of all buildings, structures, and premises that make up the establishment, including all kitchen, restroom and storage areas, as well as all patios, rooftop spaces, exterior spaces, and outdoor spaces of any kind, whether or not containing a roof or walls, in which activities associated with or accessory to the sale or consumption of alcoholic beverages are conducted. "Area" shall not be restricted to individual parcels or lots but shall include multiple parcels or lots or portions thereof if they are in any way a part of or accessory to the operation of the use or establishment.
b. Non-residential uses or establishments requiring a special use permit under this section shall demonstrate compliance with each of the criteria and requirements provided in subsections (c) through (e) of this section (16-40.003(4)(c-e)), in addition to those criteria
relating to special use permits set forth in Chapter 25 of Part 16 of the Code of Ordinances ("Special Permits").
c. A scaled and sealed site plan shall be provided showing the entire area as defined in section 16-40.003(a) above as well as all other buildings, structures, and parking structures or locations.
d. Applicants shall submit a Transportation Management Plan (TMP) containing strategies to reduce single occupancy vehicle trips generated by the proposed use. The TMP shall include, but not be limited to, the following traffic reduction strategies:
i. Incentives for public transit ridership such as transit cards; ii. Carpooling and vanpooling;
iii. Ridesharing; iv. Commuter bicycling and walking programs; v. Alternative, staggered, compressed or flexible work hours for commercial uses;
vi. Improvements to alternative modes such as vanpooling; vii. Financial incentives given to those who use commute alternatives; viii. Parking management programs;
ix. Commute alternatives information and marketing; x. Shared parking arrangements;
xi. Provisions addressing a mixture of uses if present on-site; xii. Pedestrian links to adjacent uses; and
xiii. xiii. Programs to promote and maintain participation in the use of mass transit, including a method of monitoring the number of ride sharers and their travel patterns.
e. Applicants shall submit a Public Safety Management Plan (PSMP) containing strategies to ensure public safety for customers or visitors to the proposed use and to the broader community. The PSMP shall include, but not be limited to, public and private security strategies that are sufficient for the size of the establishment or premises, including parking areas.
Sec. 16-40.004. Sidewalks and relationship of building to street.
1. Public sidewalks shall be located along all public streets and shall meet the sidewalk requirements for MRC zoning districts provided in sec. 16-34.012.
2. Utilities shall be located below ground, provided that such location is not in violation of the policies of utility regulated by the Public Service Commission or otherwise regulated by state law and/or franchise agreement.
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20 - 0 - 1027 AN ORDINANCE BY COUNCILMEMBER CARLA SMITH
AN ORDINANCE TO WAIVE THE SIDEWALK REQUIREMENTS OF SECTION 15-09.003 OF THE CODE OF ORDINANCES FOR SUBDIVISION APPLICATION SD-17-001 (783 LYNWOOD STREET); TO PROVIDE THAT IN LIEU OF CONSTRUCTING THE REQUIRED SIDEWALKS AT THE SUBDIVISION SITE, THE DEVELOPER OF THE SUBDIVISION SHALL DEPOSIT A DOLLAR AMOUNT EQUAL TO THE VALUE OF THE REQUIRED SIDEWALK CONSTRUCTION INTO A DESIGNATED TRUST FUND ACCOUNT FOR DISTRICT 1; AND FOR OTHER PURPOSES.
WHEREAS, Section 15-09.003 of the City of Atlanta Code of Ordinances ("subdivision ordinance") requires the subdivision applicant ("developer") to provide sidewalks on both sides of existing and proposed streets ("sidewalk requirement"); and
WHEREAS, the neighborhood and builder are working with the City to get an estimate for installing sidewalks along Lynwood Street which is currently an unpaved street; and
WHEREAS, once an estimate is completed for the sidewalks, these funds will be deposited into the Council District 1 Sidewalk Trust Fund and shall be added to funds received from future projects which shall be specifically allocated for the installation of sidewalks along Lynwood Street.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:
SECTION 1: That the requirement of Section 15-09.003 of the City of Atlanta Code of Ordinances that sidewalks be provided on both sides of existing and proposed streets is hereby waived for subdivision application SD-17-001 (783 Lynwood Street). The sidewalk will be completed on one side of Lynwood adjacent to the Atlanta Beltline.
SECTION 2: That all other requirements of the Code of Ordinances for the subdivision located at 783, Lynwood Street shall remain in full force and effect.
SECTION 3: That the issuance of said permit shall be conditioned on the agreement of the applicant contributing funds, in an amount equal to the square footage cost of the required sidewalks that would have been constructed along the front of Lynwood Avenue, as agreed upon by the Department of Public Works in the attached Exhibit "A".
SECTION 4: That said funds shall be anticipated into Fund-7701 (Trust Fund), Dept. Org.-250403 (City Planning), Acct. -3229005 (Sidewalk Waiver Fees), Function Activity -7410000 (Planning & Zoning), Project-600118 (CD1 Sidewalk Waiver), Funding Source-69999 (Non-Capital), for the purpose of constructing the sidewalks on Lynwood Street in City Council District 1.
SECTION 5: In the event the developer or their successor(s)-in-interest, withdraws the land subdivision request, this ordinance is void and shall have no further effect.
SECTION 6: That all ordinances and parts of ordinances in conflict are hereby waived to the extent of the conflict.
ELMS ID# 20588
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AN ORDINANCE BY COUNCILMEMBER ANTONIO BROWN
20 - 0 -1028
AN ORDINANCE AUTHORIZING THE DEPARTMENT OF CITY PLANNING TO ESTABLISH A BUILDING PERMIT FEE WAIVER PROGRAM AVAILABLE TO PRIVATE SECTOR ENTITIES PURSUING AN AFFORDABLE HOUSING DEVELOPMENT OR DEVELOPMENT WHICH INCLUDE A DEFINED NUMBER OF UNITS SET ASIDE AS AFFORDABLE HOUSING; AND FOR OTHER PURPOSES.
WHEREAS, there is a national crisis regarding the development of affordable housing, while there is a disproportionate number of high-end rental units; and
WHEREAS, mid-to low-end income renters are being left out of consideration in the booming construction market, leading to a dwindling stock of affordable housing; and
WHEREAS, due to the reduction of affordable housing, many cities across the nation are experiencing an increase in their homeless population; and
WHEREAS, more than 75 percent of low income residents in the City of Atlanta spend more than 30 percent of their income on rent and studies show there are only 47 units available for every 100 renters making half of the area median income (between $26,000 for an individual or $37,000 for a family of four) and homeownership is out of reach for many; and
WHEREAS the City has implemented numerous initiatives to help spur the development of affordable housing, more must be done to ignite the development of affordable housing across the city; and
WHEREAS, due to increasing land values and construction costs developers must receive financial incentives to be encouraged to develop affordable housing; and
WHEREAS, as a City we must continue to explore innovative ways to increase the development of affordable housing options; and
WHEREAS, cities such as Austin, Texas have implemented building permit fee waivers to support development which include affordable housing and the City of Arlington, Virginia is contemplating permit fee waiver legislation; and
WHEREAS, by waiving a portion of the building permit fees to incentivize developers to set aside units for affordable housing the city is furthering its commitment to preserving an equitable supply of housing for all its citizens; and
WHEREAS the program will include the following incentives: a) 10% fee waiver on the total building permit for every 5 units provided for individuals earning up to 30% of the AMI for a maximum fee waiver up to a maximum of 50%; b) 10% fee waiver on total building permits for every five (5) units provided for individuals earning between 50-80% AMI up to a maximum of 30%; and
ELMS ID # 20633
WHEREAS, the fee waiver shall be available to developers with a minimum commitment of affordable housing units as follows: a) six (6) units at 30% or less AMI for every fifteen (15) market-rate units; b) eight (8) units at 40-50% AMI for every ten (10) market-rate units; c)ten (10) units at 60% to 80% AMI for every twenty-five (25) market-rate units; and
WHEREAS, the Planning Department will calculate the costs for construction, renovation, or rehabilitation of housing by a private-sector entity that is pursuing an affordable housing development or for new development where a defined number of units are voluntarily set aside as affordable housing; and
WHEREAS, by participating in the program the private sector entity will be required to commit that rental units will remain affordable for twenty (20) years and for-sale properties affordable for ten (10) years, subject to a deed restriction.
NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS as follows:
SECTION 1: The Department of City Planning shall establish a building permit fee waiver program for private sector entities pursuing an affordable housing development or for a development where a defined number of units are voluntarily set aside as affordable housing.
SECTION 2: The program will provide financial incentives to support the development of affordable housing in the form of a 10% fee waiver on the total building permit fees for every five (5) units provided for individuals earning up to 30% of the AMI for a fee waiver up to a maximum of 50% or 10% fee waiver on total building permits for every five (5) units provided for individuals earning between 50-80% AMI up to a maximum of 30%.
SECTION 3: The fee waiver shall be available to developers with a minimum commitment of affordable housing units which include six (6) units at 30% or less AMI for every fifteen (15) market-rate units; eight (8) units at 40-50% AMI for every twenty (20) market-rate units; c)ten (10) units at 60% to 80% AMI for every twenty-five (25) market-rate units.
SECTION 4: The program shall be implemented sixty-days(60) upon adoption of the legislation.
SECTION 5: The Department of City Planning shall provide an annual report of all affordable housing units developed under the program.
SECTION 6: All ordinances and parts of ordinances in conflict are hereby waived to the extent of the conflict.
ELMS ID # 20633
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AN ORDINANCE BY COUNCILMEMBER BROWN
AN ORDINANCE BY COUNCILMEMBER ANTONIO BROWN AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO DESIGNATE GRIFFIN STREET N.W., BETWEEN MARTIN LUTHER KING, JR BOULEVARD AND JEFFERSON STREET, N.W., AS "HONORABLE IVORY LEE YOUNG, JR. WAY"; TO AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO INSTALL HONORARY STREET NAME SIGNS AT EACH INTERSECTION; TO WAIVE CERTAIN PROVISIONS OF THE CITY OF ATLANTA CODE OF ORDINANCES; AND FOR OTHER PURPOSES.
WHEREAS, Griffin Street N.W. is a street located within the corporate limits of the City of Atlanta; and
WHEREAS, Ivory Lee Young Jr. was elected to the Atlanta City Council in 2001 and diligently served 17 years as the District 3 representative before his untimely death in November 2018; and
WHEREAS, Councilmember Young was truly a bright light on the city council. He was a committed leader and positive role model to the constituents in District 3; and
WHEREAS, Councilmember Young expanded parks, enhanced streetscapes, and contributed to the rebirth of west Midtown to help strengthen and further stabilize the northwestern portion of his district; and
WHEREAS, Ivory was a champion for his community, advocating for jobs and affordable housing, and fought tirelessly to provide opportunities to improve the quality of life of every resident in his district; and
WHEREAS, placing honorary street signs on Griffin Street, N.W. is a befitting recognition for Ivory Lee Young, Jr's contributions to the City of Atlanta.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:
SECTION 1: That the Mayor, or her designee, is authorized to designate Griffin Street N.W. between Martin Luther King, Jr Boulevard and Jefferson Street, N.W. as "Honorable Ivory Lee Young, Jr Way" in honor of Councilmember Ivory Lee Young, Jr..
SECTION 2: The Department of Public Works is authorized to design, fabricate and install the honorary street signs at the intersections on Griffin Street N.W. between Martin Luther King, Jr Boulevard and Jefferson Street, N.W.
SECTION 3: That Section 138-8(b)(4)(a) which requires an initial deposit to cover administrative and other associated costs concerning the city's consideration of the application for the street renaming or dedication, including advertising the proposed street naming or dedication, must also accompany the application be waived for purposes of this ordinance only.
SECTION 4: That upon approval of the ordinance by the Mayor, the Municipal Clerk shall provide all notices as required by Section 138-8(d)(5).
ID# 20645
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AN ORDINANCE BY
COUNCILMEMBER JENNIFER IDE
AN ORDINANCE TO AUTHORIZE THE MAYOR OR HER DESIGNEE TO ENTER INTO AN AGREEMENT WITH DREWRY STREET LLC TO CONSTRUCT A PUBLIC PLAZA AND BELTLINE PEDESTRIAN ENTRANCE; TO AUTHORIZE PAYMENT TO DREWRY STREET LLC FOR THE ACTUAL CONSTRUCTION COST OF THE IMPROVEMENT BY GRANT OF IMPACT FEE CREDITS NOT TO EXCEED $19,470.00; TO AUTHORIZE PAYMENT TO DREWRY STREET LLC FOR THE ACTUAL CONSTRUCTION COST OF THE
IMPROVEMENT BY GRANT OF PARKS AND RECREATION IMPACT FEE CREDITS NOT TO EXCEED $11,970.00; AND FOR OTHER PURPOSES.
WHEREAS, Developer is developing a residential development located at 675 Drewry Street NE, in Land Lot 17 of the 14th District, of Fulton County, Georgia, containing 0.3570 acres, more or less, into a new residential project (the "Project"); and
WHEREAS, the City imposes development impact fees as set forth in Chapter 19 of the City Code (the "Code") pursuant to and limited by the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1 et seq., (the "Act") on new development; and
WHEREAS, in connection with the development of the Project, the developer has agreed to construct a new public plaza and Atlanta BeltLine pedestrian entrance on behalf of the City and Atlanta BeltLine Incorporated at the terminus of Drewry Street into the Atlanta BeltLine (hereafter "Improvement"). Construction of the Improvement is not a requirement of the Project, but the City has identified the Improvement as a public need and desires that such improvement be
constructed by Developer in connection with other improvements being constructed by Developer for the Project.
WHEREAS, Developer has agreed to construct and pay for the cost of construction of the Improvement in accordance with a Plan for such improvements to be agreed to between Developer and DPW and/or the City or its agencies.
WHEREAS, City agrees that the construction of the Improvement is a benefit to the travelling public such that it is a "system improvement"? as defined by the Act and the Code; and
WHEREAS, the Act and the Code authorize private agreements between developers and municipalities in regard to the construction or installation of system improvements and providing for impact fee credits or reimbursements for system improvement costs incurred by a developer; and
WHEREAS, Code Sec. 19-1014(b)(5) provides that the City shall give impact fee credit only for construction of system improvements actually accepted by the City which shall be deemed accepted only if and when the Commissioner of the Department of Public Works or other
applicable official has determined that such improvements meet applicable City standards and agreed on behalf of the City to accept such improvements for maintenance; and
WHEREAS, Code Sec. 19-1014(b)(3) provides that the value of construction of system improvements shall be the actual construction cost of the improvement; and
1
WHEREAS, according to the estimate provided by the Developer to the City, the actual cost of the improvement is expected not to exceed $31,440; and
WHEREAS, it is in the public health, safety and welfare and in accordance with the Act and the Code to enter into an agreement to use of transportation impact fee credits and parks and
recreation impact fees to fund the Improvement, which is a transportation system improvement within the meaning of the Code and the Act;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS:
Section One: The Mayor or a designee is authorized to execute an agreement on behalf of the City, in substantial form as set forth in Exhibit "A'', with Drewry Street LLC for the Improvement.
Section Two: The agreement shall set forth the terms, consistent with the Act and Code, by which the Commissioner of Public Works will accept the improvement on behalf of the City and the
Developer will receive transportation impact fee credits and parks and recreation impact fee credits for the project. Any credit amount authorized in the agreement shall not exceed the actual cost of construction of the improvement less the transportation impact fee and parks and
recreation impact fee paid as reimbursement provided however that the credit shall not exceed a total of $31,440 for combined transportation and parks and recreation impact fees.
Section Three: The Director of the Office of Buildings is authorized, consistent with the terms of the agreement, to grant of transportation impact fee credits and parks and recreation impact fee credits.
Section Four: This ordinance shall become effective upon its execution by the Mayor or at the time provided by operation of Section 2-403 of the Charter.
2
EXHIBIT A
STATE OF GEORGIA
COUNTY OF FULTON
THIS AGREEMENT made and entered into this day of , 2020 by and between the CITY OF ATLANTA, a municipal corporation
of the State of Georgia (the "City"), and DREWRY STREET, LLC, a Georgia limited liability company (together with its successors in interests or assignees, ("Developer").
WITNESSETH
WHEREAS, Developer is developing a residential development located at 675 Drewry Street NE, in Land Lot 17 of the 1 4th District, of Fulton County, Georgia, containing 0.3570 acres, more or less, into a new residential project (the "Project"); and
WHEREAS, the City imposes development impact fees as set forth in Chapter 19 of the City Code (the "Code") pursuant to and limited by the Georgia Development Impact Fee Act, O.C.G.A. § 36-71-1 et seq., (the "Act") on new development; and
WHEREAS, in connection with the development of the Project, the developer has agreed to construct a new public plaza and Atlanta BeltLine pedestrian entrance on behalf of the City and
Atlanta BeltLine Incorporated at the terminus of Drewry Street into the Atlanta BeltLine (hereafter "Improvement"). Construction of the Improvement is not a requirement of the Project, but the City has identified the Improvement as a public need and desires that such improvement be constructed by Developer in connection with other improvements being constructed by Developer for the Project.
WHEREAS, Developer has agreed to construct and pay for the cost of construction of the Improvement in accordance with a Plan for such improvements to be agreed to between Developer and the City of Atlanta Department of Public Works ("DPW") and/or the City or its agencies.
WHEREAS, City agrees that the construction of the Improvement is a benefit to the travelling public such that it is a "system improvement" as defined by the Act and the Code; and
WHEREAS, the Act and the Code authorize private agreements between developers and municipalities in regard to the construction or installation of system improvements and providing
for impact fee credits or reimbursements for system improvement costs incurred by a developer; and
WHEREAS, Code Sec. 19-1014(b)(5) provides that the City shall give impact fee credit only for construction of system improvements actually accepted by the City which shall be deemed accepted only if and when the Commissioner of the Department of Public Works or other
applicable official has determined that such improvements meet applicable City standards and agreed on behalf of the City to accept such improvements for maintenance; and
3
WHEREAS, Code Sec. 1 9-1 01 4(b)(3) provides that the value of construction of system improvements shall be the actual construction cost of the improvement; and
WHEREAS, according to the estimate provided by the Developer to the City, the actual cost of the improvement is expected not to exceed $31,440; and
WHEREAS, it is in the public health, safety and welfare and in accordance with the Act and the Code to enter into an agreement to use of transportation impact fee credits and parks and recreation impact fees to fund the Improvement, which is a transportation system improvement within the meaning of the Code and the Act; and
WHEREAS, Ordinance 20 - - adopted by the City Council on xxxxxxxx xx, 2020 and approved per City Charter Section 2-403 on xxxxxxxx xx, 2020, authorizes the Mayor to enter into an agreement with Developer for the funding of the Improvement; and
NOW THEREFORE, for and in consideration of the mutual agreements between the parties hereinafter, and for other good and valuable consideration, the parties hereto do agree as follows:
STATEMENT OF AGREEMENT
The above recitals are incorporated by reference. The City and Developer hereby agree that Developer shall be responsible for the design, permitting and construction required to implement the Improvement subject to the terms and conditions herein and that the City is responsible to fund
the cost of the constructing the Improvement through the grant of transportation impact fee credits and parks and recreation impact fee credits as provided for under this Agreement. Developer shall not be responsible for any costs of acquisition of the right of way for such Improvement
under the Letter Agreement The parties agree that the plans submitted and the permits issued by the City allowing work on the Improvement in the City's right of way and the Project are sufficient to fully identify the subject matter of this Agreement and are made a part hereof by reference.
2.
TIME OF PERFORMANCE
Subject to City acquiring all rights in the right of way under the DWM Letter to permit Developer to construct such improvement and subject to the City issuing required permits and approvals
therefore and subject to force majeure or delays beyond the control of Developer (other than
financial circumstances), Developer shall complete the construction of the Improvement substantially in accordance with the schedule attached Exhibit B.
3.
PROFESSIONAL RESPONSIBILITY
4
All work on the Improvement shall be performed under the direct supervision of Developer in
accordance with plans approved by the City and validly issued permits and in conformance with the requirements of the DWM Letter. The City and DPW will provide all required coordination with DWM as required to enable and facilitate the performance of Developer's work in
constructing the Improvement. All persons engaged by Developer to work on the Improvement
shall be fully authorized or permitted under applicable State and local law to construct the Improvement. No action, omission, error or failure to act on the part of any such person shall excuse the obligations of Developer under this Agreement.
4.
CITY'S APPROVAL OF THE PLANS FOR THE IMPROVEMENT
Developer acknowledges and agrees that Improvement must meet the standard requirements of
the City, including installation of standard street detail and construction specifications. The City will be deemed to have approved any plans for the Improvement meet the standard
requirements when the applicable City authority with the power to grant permits for the Project has granted such permits.
5.
CITY'S ACCEPTANCE OF THE IMPROVEMENT
Within thirty (30) days after receipt of written notice of completion of such Improvement, the
Commissioner of DPW, or his designee(s), shall inspect the Improvement to determine whether the Improvement was built in compliance with the plans and meets applicable city standards, as contemplated by City Code Sec. 19-1014. If the determination is in the affirmative, the
Commissioner of DPW shall provide such determination in writing to the Developer, which writing, shall constitute acceptance of the Improvement on behalf of the City. If the determination is in the negative, the City shall provide Developer in writing the reasons for such determination and direction on action item(s) that Developer must perform in order for the City to accept the Improvement. Developer agrees to perform such action item(s) in a commercially reasonable time frame. The parties agree that the recording of a plat with the Clerk of Superior Court of Fulton
County is not necessary in that the underlying right of way was always property of the City, or its departments or agencies, and that the work was performed with the City's, and such departments or agencies, permission.
6.
PAYMENT FOR THE IMPROVEMENT
The acceptance of the Improvement by the City as provided above shall be conclusive as to the
City's agreement to grant transportation development impact fee credits as provided below. The amount of transportation development impact fee credits and parks and recreation impact fee
credits due by the City under this Agreement shall be the actual cost to design, permit and construct the Improvement as evidenced by documentation reasonably acceptable to the Commissioner of the Department of Public Works, or his designee (the "Actual Cost"). Notwithstanding the Actual Cost, the City shall not be obligated to grant, and the Developer shall not be entitled to receive, transportation impact fees and parks and recreation impact fees in an
5
amount exceeding the amount authorized in the authorizing City Council legislation (the "Not- to-Exceed Amount"). Such transportation impact fee credits and parks and recreation impact fee credits will be granted by the City within thirty (30) days of acceptance or the receipt of
documentation reasonably acceptable to the Commissioner of the Department of Public Works, or his designee whichever is earlier. If the Commissioner of the Department of Public Works, or his
designee does not question the reasonableness of the documentation within thirty (30) days after
receipt, the documentation shall be deemed sufficient and the amounts set forth therein shall be due from the City. Subject to the Code and Act, all transportation impact fee credits and parks
and recreation impact fee credits issued to Developer under this Agreement shall be fully
transferable by Developer to any successor and/or assign designated by Developer in writing to the City and shall be applicable to the Project and/or any other project in the City for which
transportation impact fees and parks and recreation impact fees are payable. Subject to the
Code and Act, upon receipt of notice of any transfer by Developer of the transportation impact fee credits or parks and recreation impact fee credits issued under this Agreement, City agrees to
confirm in writing to such applicable transferee the continued availability of such credits for the
benefit of such transferee. Subject to the Code and Act, there shall be no sunset or time limit on the transportation impact fee credits or parks and recreation impact fee credits issued under this Agreement and such credits shall survive until fully applied to payment of transportation impact
fees or parks and recreation impact fees otherwise due to the City by Developer, its successors and/or assigns.
7.
INSURANCE AND BONDING
No additional insurance or bonding will be necessary beyond that which was required by the City for the issuance of the permit to perform the work on the Improvement.
8.
COMPLIANCE WITH CITY ORDINANCES
It is specifically agreed that none of the terms of this Agreement excuse, modify or waive compliance with any City ordinance.
9.
GENERAL PROVISIONS OF THIS AGREEMENT
a. The brief capitalized and underlined headings or titles preceding each paragraph are for
purposes of identification, convenience and ease or reference, and shall be disregarded in the construction of this Agreement.
b. No failure of either party hereto to exercise any right or power granted under this
Agreement, or to insist upon strict compliance by the other party with this Agreement, and
terms and conditions of this Agreement, shall constitute a waiver of either party's right to demand exact and strict compliance by the other party hereto with the terms and conditions of this Agreement.
6
c. This Agreement shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia.
d. Should any provision of this Agreement require judicial interpretation, it is agreed and stipulated by and between the parties that the court interpreting or construing the same shall not apply a presumption that the terms, conditions, and provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who prepared the same.
e. The termination of this Agreement shall not operate to cut off any claims or causes of action in favor of either party which occurred or arose prior to the effective date of such termination.
10.
ENTIRE AGREEMENT
This Agreement supersedes all prior negotiations, discussions, statements and agreements and constitutes the full, complete and entire agreement between the parties with respect to the terms of the Agreement; no member, officer, employee, representative or agent of either party has authority to make, or has made, any statement, agreement, representation to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith, amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement. No modification of or amendment to this Agreement shall be binding on either party hereto unless such modification or amendment shall be properly authorized, in writing, properly signed by both parties and incorporated in and by reference made a part hereof.
IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed the seals.
DREWRY STREET, LLC, a Georgia limited liability company
7
[Signatures continued from previous page.]
CITY OF ATLANTA
By: Municipal Clerk (Seal) Keisha Lance Bottoms, Mayor
RECOMMENDED:
Commissioner, Department of Public Works
Commissioner, Department of Planning & Community Development
APPROVED AS TO FORM
City Attorney
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BY C R ANTONIO BRO td"
Ar.
A RESOLUTIO ENCOURAGAk TH GEORGIA GENERAL ASSEMBLY TO REPEAL THEIR PROHIBITION ON THE ABILITY OF COUNTIES OR MUNICIPALITIES FROM CONTROLLING OR REGULATING RENT TO BE CHARGED FOR PRIVATELY OWNED SINGLE-FAMILY OR MULTIPLE-UNIT RESIDENTIAL RENTAL PROPERTIES AND TO REVIEW THEIR POLICIES ON RENTAL PROPERTIES FOR THE PURPOSE OF PROMOTING EQUITY AND AFFORDABILITY TO THOSE RESIDING WITHIN THE STATE OF GEORGIA; AND FOR OTHER PURPOSES.
WHEREAS, there is a critical need for affordable housing in Atlanta; and
WHEREAS, from May 2013 to May 2019, the median rent for a one-bedroom rental unit increased just over $1,100.00 per month to over $1,600.00 per month; and
WHEREAS, in response to the need for affordable housing, the City of Atlanta released the Housing Affordability Action Plan which strives to create a pathway to affordable and equitable housing opportunities in Atlanta; and
WHEREAS, in addition to the Housing Affordability Action Plan, other strategies, such as rent control and regulation, can maintain existing affordable housing and promote stability; and
WHEREAS, the Georgia General Assembly has prohibited Georgia local governments from establishing controls or regulations related rent of single-family or multiple-unit residential rental properties; and
WHEREAS, pursuant to §44-7-19 of the Official Code of Georgia Annotated, "No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This Code section shall not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to such county, such municipal corporation, or such authority from entering into any agreements with private persons, which agreements regulate the amount of rent to be charged for such rental properties."; and
WHEREAS, additionally, the state of Georgia itself does not have any specific rules for how and when a landlord in Georgia may increase a tenant's rent; and
WHEREAS, in the interests of creating adequate affordable housing to the growing population of Atlanta, local authority to control and regulate rent within the city would be in the best interests of the residents of the City of Atlanta.
THE CITY COUNCIL OF THE CITY OF ATLANTA HEREBY RESOLVES that the Georgia General Assembly is encouraged to repeal their prohibition on the ability of counties or
ELMS ID: 20602
municipalities from controlling or regulating rent to be charged for privately owned single-family or multiple-unit residential rental properties.
BE IT FURTHER RESOLVED, that the Georgia General Assembly is also encouraged to review their policies on rental properties for the purpose of promoting housing equity and affordability to those residing within the state of Georgia.
BE IT FURTHER RESOLVED, that upon passage of this resolution, the Municipal Clerk shall provide copies to Governor Brian Kemp and all the members of the Georgia General Assembly.
BE IT FINALLY RESOLVED, that all resolutions and parts of resolutions, in conflict herewith are hereby waived to the extent of the conflict.
ELMS ID: 20602
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A RESOLUTION BY COUNCILMEMBER J.P
20 - R - 3003
A RESOLUTION AUTHORIZING THE MAYOR HER OR DESIGNEE, ON BEHALF OF THE CITY OF ATLANTA TO ENTER INTO AMENDMENT NUMBER 1 FOR CONTRACT SP-S-1200298, SPECIAL PROCUREMENT FOR IMPACT FEE UPDATE, WITH DUNCAN & ASSOCIATES, INC. BY ADDING ADDITIONAL FUNDING FOR ADDITIONAL SERVICES FOR AN AMOUNT NOT TO EXCEED FORTY-ONE THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($41,100.00); ALL CONTRACTED WORK TO BE CHARGED TO AND PAID FROM FUNDING NUMBERS LISTED HEREIN.
WHEREAS, City of Atlanta Charter Section 2-1191.1, authorized the Mayor to enter into SP-S-1200298, Special Procurement for Impact Fee Update, with Duncan & Associates, Inc. to provide a comprehensive update to the City of Atlanta ("City") Impact Fee Program to more effectively operate the program; and
WHEREAS, the effective date of the agreement is January XX, 2020 with an initial term of one (1) year with zero (0) renewal term options, ending on January XX, 2021 in an amount not to exceed Twenty Seven Thousand Five Hundred Dollars and Zero Cents ($27,500.00);
WHEREAS, the Agreement requires additional services to complete the Impact Fee Study; and
WHEREAS, the Commissioner of the Department of City Planning in accordance with the term of SP-S-1200298, desires to enter into Amendment Agreement No. 1 of the Agreement in an amount not to exceed Forty-One Thousand One Hundred Dollars and Zero Cents ($41,100.00);
WHEREAS, Duncan & Associates, Inc. performed satisfactorily under the Agreement; and
WHEREAS, the Chief Procurement Officer and the Commissioner of the Department of City Planning recommend exercising Amendment Agreement No. 1 of the Agreement in an amount not to exceed Forty-One Thousand One Hundred Dollars and Zero Cents ($41,100.00);
NOW THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY RESOLVES, that the Mayor on behalf of the City, is hereby authorized to enter into Amendment Agreement No. 1 of SP-S-1200298 Special Procurement for Impact Fee Update in an amount not to exceed Forty-One Thousand One Hundred Dollars and Zero Cents ($41,100.00). Upon the approval of Amendment No. 1, the total contract value shall not exceed Sixty-Eight Thousand Six Hundred Dollars and Zero Cents ($68,600.00);
BE IT FURTHER RESOLVED, that all funds shall be charged to and paid from the account listed herein: 3502 (General Government Capital Fund); 250403 (DCP Zoning); 5212001 (Consulting and Professional Services); 7410000 (Planning & Zoning); 212610 (Impact Fee Study); 91112 (SWMA Loan 9995).
BE IT FURTHER RESOLVED, that the Chief Procurement Officer, in consultation with the City Attorney, is directed to prepare all appropriate documents for execution by the Mayor.
BE IT FINALLY RESOLVED, that Amendment Agreement No. 1 will not become binding upon the City, and the City will incur no obligation or liability under it until it has been approved by the City Attorney as to form, executed by the Mayor or her designee, attested to by the Municipal Clerk, and delivered to Duncan & Associates, Inc.
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i cerely,
eisha Lance Bottoms
20-C-0001 n f FRK
2019 DEC-2 AM11: 02
CITY OF ATLANTA 55 TRINITY AVENUE, S.W.
SUITE 2400 KEISHA LANCE BOTTOMS
ATLANTA, GEORGIA 30303-0300
MAYOR TEL 14041330-6100
November 27, 2019
The Honorable Felicia A. Moore, President and Members of the Atlanta City Council 55 Trinity Avenue SW Atlanta, Georgia 30303
Dear President Moore and Member of Council:
It is my pleasure to appoint Josh Rowan to serve as Commissioner of the Atlanta Department of Transportation for the City of Atlanta. This appointment will be effective upon City Council confirmation.
Mr. Rowan currently serves as General Manager for the City of Atlanta's Renew I TSPLOST Programs and has more than 24 years of experience delivering capital construction programs. He will lead the newly formed Atlanta Department of Transportation established this year to significantly accelerate and diversify the projects that the City delivers for residents. This will include better options for traveling around Atlanta in safe, affordable, and equitable measure while delivering a key pillar of Mayor Bottoms' One Atlanta agenda.
Mr. Rowan has an extensive portfolio of program and construction management experience at the local, state, and international levels, successfully delivering more than $5 billion in facility and infrastructure capital. In his most recent international assignment, he served as the independent engineer for U.S. financed transportation infrastructure projects in Tanzania and Mozambique.
Mr. Rowan graduated from Georgia Institute of Technology with a Bachelor of Science in Civil Engineering.
Mr. Rowan's experience and training make him exceptionally qualified to serve as the first Commissioner of the Atlanta Department of Transportation. I respectfully request your confirmation of his appointment to this position.
NOP Josh Rowan, PE, PgMP, PMP, CCM Branch Manager
Education
BS (Highest Honors), Civil
Engineering, Georgia
Institute of Technology,
1996
BA Cum Laude, Natural
Sciences, Covenant College,
1995
Professional
Certifications/Registrations
Professional Engineer (PE),
Georgia
Program Management
Professional (PgMP)
Project Management
Professional (PMP)
Certified Construction
Manager (CCM)
Professional Associations
Secretary/Treasurer,
Regional Business Coalition
Vice Chairman, Paulding
County Chamber of
Commerce
Chairman, Paulding County
Government Affairs
Committee
Member, Cobb County
Government Affairs
Committee
Member, Georgia Tech
External Advisory Board for
School of Civil and
Environmental Engineering
Background
Mr. Rowan has 23 years of program and construction management
experience on an array of local, state, and international projects and has
successfully delivered more than $3 billion in facility and infrastructure
projects. As the owner's advocate, he provides creative, outside-the-box
solutions tempered with a thorough understanding of construction risk. His
experience includes numerous one-of-a-kind projects from working with
Russian physicists on a joint research venture to delivering a compressed
natural gas transit fueling station utilizing a non-traditional delivery method
to serving as the independent engineer for United States-financed
transportation infrastructure projects in Tanzania and Mozambique.
Relevant Experience
Baton Rouge Sanitary Sewer Overflow Program, Baton Rouge, LA:
Supporting the testifying expert on two claims, provided detailed technical
review and analysis pertaining to the standard of care of the program
manager overseeing approximately 100 construction projects to update the
city/parish owned sewer system to comply with a federal consent decree.
Paulding County Adult Detention and Law Enforcement Center. This project includes the construction of a $70M law enforcement complex, including a
new jail and sheriff's administrative facility. Mr. Rowan is responsible for
overseeing the performance of the program manager, architect, and
construction manager on behalf of the Paulding County Board of
Commissioners and briefing each commissioner on matters of project risk,
budget, schedule and safety.
Department of Defense Design-Build Study, Washington, DC: The project involved a design-build study to compare the Department of Defense Tri-
Service approaches and tools for design-build.
New Consulate Compound, Jeddah, Saudi Arabia: The project involved
construction of a new chancery compound, including a new office building,
apartment buildings, a warehouse, a utility building, residences, access
buildings, and site work. One complicating factor was that the subject
contract involved taking over partially completed work from a prior
contractor that had been terminated, giving rise to disagreements over the
status of work and condition of prior construction. The total construction
value was $116 million.
Mooney APC LD & Claims Review, Prince William, VA: The PWCSA issued a Construction Management at risk construction contract for the Air Pollution
Control Upgrades to the Fluidized Bed Incinerator at their H.L. Mooney
HIBP Josh towart, Branch Manager
Member, Georgia Tech
Advisory Board for
Construction Engineering
IP,
Advanced Water Reclamation Facility in Prince William County, Virginia. Mr.
Rowan was responsible for reviewing the performance of the program
manager schedule issues to prepare the owner for a potential claim.
Mooney APC Project Detailed Delay Analysis, Woodbridge, VA: The project Member, Construction involved upgrades to a fluidized bed incinerator at the H.L. Mooney Advanced Management Association of Wastewater Reclamation Facility in Woodbridge, VA. Mr. Rowan was America (CMAA) responsible for reviewing the performance of the contractor and analyze their
schedule to determine the owner's potential exposure for a delay claim.
The Georgian Terrace Renovation, Sotherly Hotels, Atlanta, GA: Mr. Rowan served as the project manager the complete renovation of the hotel facility.
The $3M project involved the renovation effort at the 326-room Georgia
Terrace Hotel, a Sotherly Hotels historic property built in 1911. in Atlanta.
Cobb County School District, Cobb County, GA: Served as Project Principal for the program management team. Responsible for developing and overseeing
the project teams to manage the design and construction of three specific
school projects — Eastside Elementary, North Cobb Elementary, and South Cobb High School.
Cobb County School Board, Cobb County, GA: As a Member of the Facility
and Technology Committee, was responsible for overseeing the delivery of all projects on the existing capital program.
Cumberland Community Improvement District (CCID), Cumberland, GA (2012-2014): As Program Manager, managed the design, procurement, and
construction for the CCID capital improvement program, which focuses on
pedestrian improvements, alternative modes of transportation, and congestion relief.
Millennium Challenge Corporation, Mozambique and Tanzania, Africa (2011-2014): As Independent Engineer, served on the transport sector team that
oversaw the construction of $1 billion in roadway improvements in
Mozambique and $1 billion in roadway improvements in Tanzania.
City of Atlanta, Atlanta, GA (2010-2011): As Managing Partner for JP2, responsible for managing the joint venture which provided planning, design,
program and construction management services to the city in the watershed management and public works departments.
Cobb County Water System, Marietta, GA (2002-2010): As Executive Committee Member/ Project Principal, responsible for supervising a team
that provided design, survey, land/easement acquisition, utility locating
services; and leak detection services to the Cobb County Water System.
Member, Society of
American Military
Engineers (SAME)
MOP Josh Rowan, PE, PgMP, PMP, CCM Branch Manager
Georgia Department of Transportation, Metro District, GA (2001-2010):
As Project Principal, led efforts to build a team of construction professionals
through an approach that focused on recruiting lower level staff, providing
continuous training, and producing a team of experienced experts over a period of ten years.
Atlanta Housing Authority (AHA), UFAS Upgrades, Atlanta, GA (2008-2010):
As Program Manager, responsible for managing the scope development and
fee negotiations as well as monitoring the construction contract between
AHA and its developer partners in order to achieve compliance with the
Uniform Federal Accessibility Standard (UFAS) at all AHA properties
Tennessee Department of Transportation (TDOT), Smartway Phase Ill, Nashville, TN (2007-2010): As Project Principal, led a project management
team provided construction services on the Phase 3 Nashville ITS upgrades, a
$40 million project that significantly expands TDOT's system by creating a new
fiber-optic backbone throughout the entire interstate system in Nashville.
DeKalb County Public Works Department, Decatur, GA (2004-2007):
As Construction Manager, responsible for assembling a team of construction
managers to provide construction oversight, contract administration,
scheduling, public outreach, field plan review, value engineering, and NPDES
monitoring and reporting. The Construction Management Association of
America — South Atlantic Chapter awarded the project its "Best in Program
Management Award" in 2009.
Fulton County Public Works Department, Atlanta, GA (2003-2005):
As Construction Manager, responsible for guiding each of the county's capital
improvement projects through procurement and construction. Fulton
County's transportation improvement program totaled $150 million through federal, state, and local funds.
Cobb County Department of Transportation, Marietta, GA (2002-2004): As Program Manager, was responsible for the overall planning of the
transportation improvement program and for maintaining the program's
budget, schedule, and cash flow. In 2004, this project received the "Excellence
in Program Management Award" from CMAA's South Atlantic Chapter.
Cobb Community Transit, Marietta, GA (2001-2003): As Program
Manager/Project Principal, delivered this project using a multiple prime
delivery method. This project was the recipient of the 2003 Construction
Management Project Achievement Award (South Atlantic Chapter).
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CITY OF ATLANTA 20-C-0002
Atlanta Citizen Review Board (ACRB) 55 Trinity Avenue, SW
City Hall Tower Building, Suite 9100 Atlanta, Georgia 30303
Telephone: 404-865-8622 / Fax: 404-546-8401 www.acrbgov.org
December 4, 2019
The Honorable Felicia Moore President, Atlanta City Council
Honorable Members of the Atlanta City Council 55 Trinity Avenue, S. W., Suite 2900 Atlanta, Georgia 30303
RE: Nomination of Mr. Michael A. Turner to the Atlanta Citizen Review Board (ACRB)
Dear President Moore and Members of the Atlanta City Council:
The Atlanta Citizen Review Board (ACRB) has received a letter from the Atlanta Business League (ABL) nominating Mr. Michael A. Turner to serve on the board.
A background investigation was completed on Mr. Turner by the city's Human Resources Department. The results of the investigation were found to be favorable. Therefore, based on the appointment letter from the Atlanta Business League, coupled with the cleared background investigation, the ACRB moves this nomination forward for the City Council's consideration.
If you have any questions, please contact me at 404-865-8622. Thank you for your attention to this matter.
Sincerely,
Samuel L. Reid II Executive Director
Attachments: (ABL Nomination Letter; Turner's Resume; BACE Information Form; Background Screening)
cc: Foris Webb, COA Municipal Clerk Michael A. Turner, Atlanta Business League Nominee
ACRB BOARD MEMBERS Cecilia Houston-Torrence, Chairperson / Tamara Orange, Vice-Chairperson / Tracee McDaniel, Secretary Trudy Boyce / James Hardy / Keith Hasson / Gloria Hawkins-Wynn / Sheny Williams/ Gem-mine Austin
Samuel Lee Reid, II Executive Director
cmiioWT D
tiCTO 4 2
MAIM BUSINESS LEAGUE 1933-2019
July 24, 2019
President Felicia Moore Members of the Atlanta City Council City Hall, Suite 2900 South 55 Trinity Avenue Atlanta, GA 30303
RE: Citizen Review Board
Dear President Moore and Members of the Council:
On behalf of the Atlanta Business League board of directors, it is my pleasure to nominate Mr. Michael Turner to serve on the City of Atlanta's Citizen Review Board.
Mr. Turner is Director of Student Relations and Ombudsperson for the Office of Student Services at Morehouse College, one of Atlanta's renowned historically black colleges and universities (HBCUs). He has exhibited a strong interest in serving and making a difference in our great city.
I am confident that Mr. Turner will serve the Atlanta Citizen Review Board with integrity and dedication.
Sincerely,
Leona Leona Barr-Davenport President & CEO
cc: Tiffany Callaway Ferrell, Board Chair Al Edwards, Chair-Elect
-
931 Martin Luther King Jr. Drive • PO Box 92363 • Atlanta, GA 30314 • 404.584-8126 * Fax: 404-584-0445* ww,A,atlantabLoirNskogqkpu
MICHAEL ANDREW TURNER
SUMMARY Demonstrated higher education administrator and educator, with a commitment to student advocacy and leadership development; strong leadership skills and willingness to undertake difficult tasks and challenges in order to produce promising results; skilled at learning new concepts quickly, working well under pressure and communicating ideas clearly and effectively.
EDUCATION Doctor of Education, Educational Leadership July 2013
Clark Atlanta University, Atlanta, Georgia
Master of Arts, Educational Leadership December 2008
Clark Atlanta University, Atlanta, Georgia
Bachelor of Science, Mathematics May 2005
Clark Atlanta University, Atlanta, Georgia
EXPERIENCE Director of Student Relations and Ombudsperson, Morehouse College
Office of Student Services
May 2019 — Present
• Serve as an ombudsperson, fielding concerns, complaints and issues from campus stakeholders, and
providing investigative support to reach appropriate resolutions; function as an advocate for students as
well as a conduit who helps create and administer policies of Morehouse College.
• Support student intervention systems used to Identify students in need of additional support services,
inclusive of providing oversight for the Care Management Team.
• Compose, review and/or screen Incoming/outgoing correspondences, Including but not limited to policy
statements as well as handbook and catalog passages for the Senior Student Affairs Officer and Dean of the
College.
• Collaborate with various internal and external constituencies to ensure partnerships with community
services, alumni and community leaders to help create opportunities and/or resources for students.
• Serve as the campus emergency response/crisis management administrator during incidents where
business continuity has been compromised; organize on-call coverage schedule for administrators on duty.
• Serve as designated official for the administration of international student services and programs.
• Provide management and oversight for the Student Engagement Student Interns for the Office of Student
Services.
Senior Associate (lean fnr Residential Education, Morehouse College
Department of Housing and Residential Education
February 2017 — February 2018
• Served as the manager of the Honda Campus All-Star Challenge for Morehouse College, including logistics
and budgetary matters,
• Facilitated the administration of the Residential Education curriculum for para-professional staff.
• Served as the campus administrator for emergency response coverage.
• Developed and facilitated a leadership and professional development seminar series.
• Collaborated with faculty to develop meaningful out-of-classroom experiences for students.
• Developed the Summer Academy policy for on-campus housing accommodations.
Turner 1
Acting Associate Dean of the College for Residential Education & Director of Housing, Morehouse College
Office of Housing and Residential Education/Department of Housing and Residential Education
January 2016—January 2017/March 2018 — April 2019
• Managed and supervise all full-time staff consisting of Associate Deans for Residential Education; Housing
Operations Manager; and Assistant Coordinators for Residential Education, as well as provided oversight
for the development of student para-professional staff.
• Provided oversight of budgets, facility operations and occupancy management within the housing
community comprised of approximately 1400 beds.
• Prepared housing projections, statistics and other reports, and participated in the development of short-
and long-term plans In making decisions regarding housing needs, as well as departmental staff
recruitment, budget issues, renovation plans and public relations; worked closely with Enrollment
Management in support of the housing projections.
• Collaborated with other departments to create student engagement opportunities that enhanced the
intellectual, social, professional and leadership development of both residential and commuter students.
• Collaborated with members of the campus community to identify improvements to increase the
accessibility, inclusiveness and academic centeredness of the residential houses.
• Supported all students in their development and maintained student advocacy as a priority in all matters.
Assistant Dean for Residential Education, Morehouse College
Office of Housing and Residential Education
July 2015 — December 2015
■ Provided administrative management and oversight to six freshman residential houses, including
management of para-professional staff.
• Facilitated the residential education extra- and co-curricular programming experiences for first-year
residential students.
■ Served as a member of the Student Success Team and provided Intervention support to residential students
regarding academic, social, behavioral and other personal concerns.
• Engaged campus stakeholders regarding issues/concerns pertaining to residential students.
■ Facilitated the adjudication of student judicial cases Involving behavior and decorum.
Residence Director/Area Coordinator, Morehouse College
Office of Housing and Residential Life
July 2013 —June 2015 In addition to the position of Residence Director, the Area Coordinator:
■ Provided supervision to full-time professional staff within designated area, Including the conducting of
evaluations and assessments of work.
■ Provided overall supervision to all residential facilities and staff (full-time professional and para-
professional) within designated area.
• Developed annual goals/objectives within designated area.
Residence Director, Morehouse College
Office of Housing and Residential Life
July 2008 —July 2013 ■ Provided oversight to all student, staff and building matters, serving as an advocate for the well-being of all
residential students.
■ Served as a liaison to the Office of Housing and Residential Life and the Division of Student Services.
• Maintained concise, organized and confidential records of all residential students.
• Completed monthly evaluations of building activities and staff.
■ Developed annual report of building activities and staff.
■ Facilitated annual programming activities in compliance with grant funding requirements.
Turner 2
■ Served as coordinator for Summer Academy residential programs.
■ Assumed additional responsibilities as prescribed by the Associate Dean, Office of Housing and Residential
Life.
Concurrent Appointments Facilitator, King Legacy Scholars Program
• Coordinated logistics for Program-related events/functions
■ Maintained communication with Scholars regarding upcoming events/activities
• Developed marketing materials for Program-related events/functions
• Provided administrative support to co-sponsors of Program ■ Served as Team Lead of Residence Director Training
• Developed and provided oversight for training/continuing education activities
• Developed training manuals/schedules
■ Coordinated development of professional staff manual
• Coordinated professional development initiatives
■ Coordinated annual retreat ■ Served as Coordinator of Editorial Services ■ Edited and critiqued Housing departmental documents/publications
• Created document templates for internal use
Program Coordinator, Morehouse College
Office of Health Professions August 2006 —July 2008
■ Collected and analyzed data related to the effectiveness of the Office of Health Professions (OHP) and provided support to the Director, with particular emphasis on grant-writing initiatives.
■ Maintained correspondence with students, friends of OHP and other departments of the College.
■ Provided oversight to programs sponsored by OHP along with maintenance of chartering and compliance
with College rules and regulations.
■ Provided oversight and supervision to pre-freshman summer programs.
AFFILIATIONS/MEMBERSHIPS ■ American Association of Blacks in Higher Education
o Leadership & Mentoring Institute, Class of 2014
• Atlanta Police Department/Citizens Police Academy #29
■ Providence Missionary Baptist Church
Turner 3
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FELICIA A. MOORE President
CITY OF ATLANTA 2020 J i -2 PM 12: 51 ATLANTA City COUNCIL
55 Trinity Ave., SW Suite 2900
Atlanta, Georgia 30303 (404) 330-6052
January 2, 2020
Members of Atlanta City Council
Atlanta City Hall
55 Trinity Avenue, SW
Atlanta, GA 30303
Re: Reappointment of Drewnell Thomas to the Atlanta Commission on Aging
I am pleased to reappoint Ms. Drewnell Thomas to the Atlanta Commission on Aging. Ms. Thomas has
been serving on this commission since 2015, and myself and the City appreciates her interest and commitment to this body of work.
This will be a four-year term, and we look forward to the continued progress and outcomes from this important Commission.
Thank you.
Information on the BACE Form and Resume remain the same and are attached.
Sincerely,
F licia A. Moore
Biographical Information of Drewnell Thomas
Education
M.S.W.-Policy Planning & Adm. 6/76-8/77 Atlanta University School of Social Work Atlanta, GA B.A.-Sociology / Minor - English 9/63-8/67 Valdosta State College Valdosta, GA
Summary of Volunteer Services and Awards
• NABSW/Atlanta Chapter Past President
• Congressional Intern - District Office of Congressman Andrew Young. • Board of Directors for the National Political Congress of Black Women, co-founded by Shirley
Chisholm and C. Delores Tucker. • Endorsed by Atlanta Journal and Atlanta Constitution Newspapers Candidate for
Georgia State Senator- 39th District - 1988, 1990 and 1992. • The Atlanta Fulton League of Women Voters - Board Member and former Unit Chair of
South Metro Unit
• Mental Health Association of Metro Atlanta - Past President
• Georgia Mental Health Planning Council - 1989-1999 • Neighborhood Planning Unit -K - Chair - 2006 -2008 and Recorder -2008 - 2009 • President. -- Atlanta Planning Advisory Board 1/2009-12/2010 & Vice Pres. - 2007-2008 • Atlanta's 2010 U.S. Census Complete Count Committee - 2009 • Board Member - City of Atlanta License Review Board (LRB) 9/ 2011 - Present • Founder and President _ The Historic Westin Heights / Bankhead Neighborhood Association - • Honored with the Thomas / Pierce Alumni Scholarship at Valdosta State University 2014 • Abe Silverman Volunteer of the Year Award - Mental Health Assn. Metro Atlanta 1987 • Black History Appreciation Award for Courage - Valdosta State University 1989 • Certificate of Appreciation - M. L. King, Jr. Center for Nonviolent Social Change 1989 • Susie Labord Distinguished Service Award - Grady Hospital (Central Fulton MHC 1989 ) • Black History Honor Valdosta's Firsts -Valdosta State University, Valdosta, GA 2003 • Women of Multi-Ethnicity & Nationality (WOMEN)-Women's History Month Honoree Mar.
2008 • Atlanta Planning Advisory Board - Outstanding Neighborhood Leadership & Dedicated
Service Awards - 2008 & 2009 • Inducted as Honorary Member of the Sigma Gamma Rho International Sorority, Inc.
• Eta Phi Beta Sorority, Inc. Golden Hall of Fame Award of Excellence -8/08/2012
Family & Hobbies
Drewnell is single. She has two adult sons, one grandson and four step grandchildren. She enjoys scrabble, movies, travel, her community service work, and much more.
9/25/2013 Page 1 of 1
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20-C-0003
A COMMUNICATION FROM COUNCIL MEMBER ANTONIO BROWN, COUNCIL DISTRICT 3, APPOINTING KAREN ROGERS TO SERVE AS A MEMBER OF THE DISTRICT 3 BLIGHT FREE ADVISORY BOARD AS THE ATLANTA POLICE FOUNDATION REPRESENTATIVE.
Z VOTE RECORD - COMMUNICATION 20-C-0003
0 ACCEPTED
0 ACCEPTED AND FILED
0 ACCEPTED W/O OBJECTION
o ACCEPTED/FILED/WO OBJECTION
0 ADOPTED
0 ADVERSED
0 CONFIRMED
0 CONFIRMED AS AMENDED YES/AYE NO/NAY ABSTAIN ABSENT
0 FAILED MICHAEL JULIAN BOND VOTER 0 0 0 0
0 FAVORABLE MATT WESTMORELAND VOTER 0 O 0 o
o FAVORABLE AS AMENDED ANDRE DICKENS VOTER 0 0 0 0
0 FAVORABLE ON SUBSTITUTE CARLA SMITH VOTER 0 0 0 0
0 FILED AMIR R FAROKHI VOTER 0 O 0 0
0 FILED AND REFERRED ANTONIO BROWN VOTER 0 0 1=1 0
0 FILED BY COMMITTEE CLETA WINSLOW VOTER 0 0 0 0
0 FILED WITHOUT OBJECTION NATALYN MOSBY ARCHIBONG VOTER 0 0 0 U 0 FORWARDED TO FC/NQ JENNIFER N IDE VOTER 0 0 0 0
0 FORWARDED W/NO HOWARD SHOOK VOTER 0 0 0 O RECOMMENDATION
JP MATZIGKEIT VOTER 0 ID 0 0 0 HELD IN COMMITTEE
DUSTIN HILLIS VOTER 0 0 0 0 0 NOT ACCEPTED BY COMMITTEE
ANDREA L BOONE VOTER 0 0 0 0 0 QUADRENNIALY TERMINATED
0 REFERRED AS HELD MARCI COLLIER OVERSTREET VOTER 0 0 0 0
0 REFERRED TO COMMITTEE JOYCE M SHEPERD VOTER 0 0 0 0
0 REFERRED WITHOUT OBJECTION
0 RETURNED AS HELD
0 ROUTED TO COW
CI HELD IN COW
0 POSTPONED
0 RETAINED AS HELD
[Unanimous]
20-C-0003 Last Updated: 01/7/20
Page 2 of 5
20-C-0003
CITY OF ATLANTA
ANTONIO BROWN COUNCILMEMBER, DISTRICT 3
55 TRINITY AVENUE, S.W. SUITE 2900
ATLANTA, GEORGIA 30303 (404) 330-6046
December 3, 2019
Council President Felicia Moore and Atlanta City Council Members 55 Trinity Avenue, SW Suite 2900 Atlanta, Georgia 30309
RE: Council District 3 Appointment of Karen Rogers to the Council District 3 Blight Free Advisory Board
Dear President Moore and Members of the Council:
It is my pleasure to appoint Karen Rogers to serve as a member of the Council District 3 Blight Free Advisory Board. Mrs. Rogers will represent the Atlanta Police Foundation on the advisory board.
I am confident that Mrs. Rogers will serve the Council District 3, City of Atlanta and the Blight Free Advisory Board with pride and integrity. Attached is a copy of Mrs. Rogers qualifications for your review.
In Service,
Antonio Brown Councilmember, District 3
KAREN ROGERS
Karen Rogers serves as the Atlanta Police Foundations Director of Community
Development. She is responsible for managing the operations of the Westside
and Southside Security Plans, crime and safety initiatives that integrate crime
control and reduction with neighborhood revitalization.
With 18 years of experience in governmental community development, she
serves as the Foundation's liaison responsible for strategic planning,
community and partner engagement, officer housing and the development of
At-Promise Centers. In addition, she administers operations for the Westside
Blue Security Patrol.
Aside from community development, Karen is a native of Atlanta and has been
heavily involved over the years in volunteerism and service to various non-
profit boards and commissions. She received her Master of Science in
Community Economic Development from Southern New Hampshire
University.
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20-C-0004
A COMMUNICATION FROM CHIEF PROCUREMENT OFFICER DAVID L. WILSON, II SUBMITTING THE DECEMBER 02, 2019 THROUGH DECEMBER 06, 2019 WEEKLY CONTRACTS REPORT TO THE ATLANTA CITY COUNCIL AND CLERK OF COUNCIL PURSUANT TO SECTION 2-1142 OF THE ATLANTA CITY CODE OF ORDINANCES.
Z VOTE RECORD - COMMUNICATION 20-C-0004
CI ACCEPTED
U ACCEPTED AND FILED
0 ACCEPTED W/O OBJECTION
0 ACCEPTED/FILED/WO OBJECTION
0 ADOPTED
0 ADVERSED
0 CONFIRMED
0 CONFIRMED AS AMENDED 1 ES/AYE NO/NAY ABSTAIN ABSENT
0 FAILED MICHAEL JULIAN BOND VOTER 0 0 o o
0 FAVORABLE MATT WESTMORELAND VOTER 0 0 0 0 . _
0 FAVORABLE AS AMENDED ANDRE DICKENS VOTER 0 0 0 0
0 FAVORABLE ON SUBSTITUTE CARLA SMITH VOTER 0 0 0 0
12 FILED AMIR R FAROKHI VOTER 0 0 0 0
0 FILED AND REFERRED ANTONIO BROWN VOTER 0 0 0 0
0 FILED BY COMMITTEE CLETA WINSLOW VOTER 0 0 0 0
0 FILED WITHOUT OBJECTION NATALYN MOSBY ARCHIBONG VOTER 0 0 0 0
0 FORWARDED TO FCNQ JENNIFER N IDE VOTER 0 0 0 0
0 FORWARDED W/NO HOWARD SHOOK VOTER 0 0 El 0 RECOMMENDATION
JP MATZIGKEIT VOTER 0 0 0 0 0 HELD IN COMMITTEE
DUSTIN HILLIS VOTER 0 CI 0 0 0 NOT ACCEPTED BY COMMITTEE
0 QUADRENNIALY TERMINATED ANDREA L BOONE VOTER 0 0 0 0
0 REFERRED AS HELD MARCI COLLIER OVERSTREET VOTER 0 0 0 0
0 REFERRED TO COMMITTEE JOYCE M SHEPERD VOTER 0 LI 0 CI
0 REFERRED WITHOUT OBJECTION
0 RETURNED AS HELD
0 ROUTED TO COW
0 HELD IN COW
0 POSTPONED
0 RETAINED AS HELD
[Unanimous]
20-C-0004 Last Updated: 01/2/20
Page 2 of 5
20-C-0004
Keisha Lance Bottoms Mayor
CITY OF ATLANTA SUITE 1900
55 TRINITY AVENUE. SW ATLANTA. GA 30303
(404) 330-6204 Fax- (404) 658-7705 Internet Home Page. www.atlantaga.go
DEPARTMENT OF PROCUREMENT David L. Wilson II
One f Procurement Officer
December 9, 2019
The Honorable Felicia A. Moore President, Atlanta City Council 55 Trinity Avenue, Suite 2900 Atlanta, GA 30303
Re: Department of Procurement Weekly Contracts Report
Dear Council President Moore:
Pursuant to Section 2-1142 of the Atlanta City Code of Ordinances, the Chief Procurement Officer is required to submit monthly reports of contracting activity to City Council. However, to provide greater transparency and information that is closer to real-time reporting, we have elected to provide reports on a weekly basis. Accordingly, I have attached for your review a copy of the December 2 — December 6, 2019 Weekly Contracts Report (Report) to the Atlanta City Council and Clerk of Council.
As required in the Procurement Code, the Report is comprised of the titles of contracts and methods of selection, as well as those contracts authorized by the City Council with related dollar amounts. It includes any emergency contracts, change orders or changes in scope to designated contracts. Additionally, pursuant to Article III, Section 2-176 of the Procurement Code, the Report lists those contracts not executed within ninety (90) days of Council approval and the reason therefor. Finally, with respect to any change order approved pursuant to Atlanta City Code Section 2-1292(a), a copy of the written determination is attached.
Please let me know if you have any questions or need additional assistance.
Sincereiy,
David L. Wilson II Chief Procurement Officer
DLW/pw Attachment cc: City Councilmembers (w/att)
Mr. Joshua Williams, COO (w/att) Mr. Jestin Johnson, DCOO (w/att) Ms. Carmen Chubb, COS (w/att) Mr. Foris Webb (w/att)
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
ADVERTISED PROJECTS
FC NUMBER TITLE OF PROJECT DATE OF ADVERTISEMENT
METHOD OF SOURCE
SELECTION
RFP-S-1200062 Trinity Avenue Lot Redevelopment for Mixed-Income Housing 11/1/2019 RFP-S
RFP-S-1200152 ATL Customer Experience Program 11/14/2019 RFP-S
I FB-C-1200068 Hot-In-Place Recycling Maintenance Activities 11/15/2019 I FB-C
I FB-C-1200084 Asphaltic Concrete Pavement Milling & Resurfacing 11/21/2019 IFB-C
IFB-C-1200105 South Deicing Complex Support Facilities 11/21/2019 IFB-C
IFB-S-1200167 Inmate Telephone Services 11/22/2019 IFB-S
RFP-S-1200049 Annual Contract for Bill Printing Services 11/25/2019 RFP-S
IFB-S-1200216 IT Professional Consulting Services on an As-Needed Basis
11/25/2019 IFB-S
IFB-S-1200097 Automotive Body & Repair Services 11/26/2019 IFB-S
RFP-S-1200201 General Contractor Services for Atlanta Jazz Festival 2020 11/27/2019 RFP-S
IFB-C-1200193 Resurfacing, Intersection, Signals Work Combo
11/27/2019 IFB-C
IFB-G-1200184 Rental of Trash Bins and Trash Pick-Up 11/4/2019 IFB-G
I FB-G-1200157 Teledyne ISCO Brand Equipment, Parts, and Accessories 11/4/2019 IFB-G
I FB-G-1200072 Electrical Supplies 11/4/2019 IFB-G
IFB-G-1200199 Waste Oil Removal and Recovery 11/6/2019 IFB-G
IFB-G-1200196 Crushed Stones 11/8/2019 IFB-G
IFB-G-1200210 Neptune Water Meters 11/14/2019 IFB-G
IFB-G-1200197 Waterborne Airfield and Traffic Marking Paint 11/14/2019 IFB-G
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
PROJECTS AUTHORIZED BY COUNCIL
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-8171 YARD DEBRIS PROCESSING AND DIVERSION PROGRAM
Amendment # 3 $1,000,000.00
FC-1190070 TOWING SERVICES FOR MEDIUM AND HEAVY EQUIPMENT
IFB $2,500,000.00
FC-10127 MAINTENANCE AND REPAIR SERVICES OF THE BIG BELLY SMART RECYCLING AND REFUSE UNITS
FC number.
Correction paper for n/a
FC-10309 CITY OF ATLANTA INTERCHANGE Amendment # 1 (to
add funding) $750,000.00
FC-1190453 TRAVELING SCREENS SERVICE AND REPAIR
IFB $430,000.00
FC-10118 SMALL WATER METER INSTALLATION AND REPLACEMENT SERVICES
Amendment # 1 $4,500,000.00
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-8744 A MAJOR MECHANICAL REPAIRS AND SERVICES Amendment # 2 $375,000.00
FC-1190031 COLLIER RD. OUTFALL SEWER IMPROVEMENTS PHASES 1 AND 2
RFP $7,543,676.60
FC-1190515 COMPLETION OF THE LINDBERGH-ARMOUR LCI MAJOR PLAN UPDATE
IFB $350,000.00
FC-9011 ANNUAL SOFTWARE MAINTENANCE OF THE ELECTRONIC WARRANT INTERCHANGE ("EWI")
Renewal # 1 $26,250.00
FC-9877 AATC BUSINESS AND TECHNICAL CONSULTING SERVICES
Supplementing Funds
$1,809,860.00
FC-1190579 AIRFIELD REPAIRS 2019/20 AT HJAIA RFP $16,964,026.30
FC-5472 CONCOURSE T RETAIL CONCESSIONS AGREEMENT
Amendment to Renew
tbd
FC-8249
ANNUAL CONTRACT FOR THE MAINTENANCE AND REPAIR OF SIDEWALKS, CURBS, DRIVEWAY APRONS AND ASSOCIATED INFRASTRUCTURE FOR SIDEWALK REPAIRS
Renewal # 3 / Task Order # 11
$3,000,000.00
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-1200067 AUTOMATIC DEPENDENT SURVEILLANCE (ADS-B) VEHICLE MOVEMENT AREA TRANSPONDERS (V-MAT) AT HJAIA
Sole Source $197,775.00
FC-10725 FIRE STATION #22 CONSTRUCTION RFP $9,807,934.17
FC-10670 CITYWIDE HEATING AND AIR CONDITIONING SERVICES
To correct
Contractor Name and Funding Amount
$3,485,000.00
FC-7383 C
A & E SERVICES FOR DEMOLITION AND CONSTRUCTION COST ESTIMATING SERVICES FOR THE REIMAGING OF THE ATLANTA DETENTION CENTER PROJECT
Task Order # 79 $45,500.00
FC-10531 ORACLE HCM, ERP, EPM, AND PAAS SOFTWARE SUPPORT AND MAINTENANCE
Renewal # 1 $1,383,260.62
FC-9226 ORACLE SIEBEL SOFTWARE SUPPORT SERVICES NECESSARY FOR THE 311 CALL CENTER
Renewal # 3 $589,513.37
FC 1190002 PUBLIC SAFETY SYSTEMS CONSULTING SERVICES
Amendment # 1 $227,748.00
FC-5325 DUTY FREE CONCESSIONS LEASE AGREEMENT
Amendment # 1 Revenue Generating
FC-9696 SOLAR ENERGY PROGRAM Amendment # 1 n/a
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-1190553 JANITORIAL SERVICES AT HJAIA I FB $892,584.00
FC-6149 AIRPORT COMMON USE LOUNGE THIRD PARTY MANAGEMENT SERVICES ON CONCOURSE F
Renewal Lease Agreement
FC-8100 INSURANCE BROKERAGE AND CONSULTING SERVICES
Renewal # 2 $856,000.00
FC-10045 CISCO SMARTNET SUPPORT SERVICES Renewal # 2 $1,097,216.89
FC-10509 PURCHASE KRONOS HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SERVICES
Amendment # 1 $119,524.43
FC-1190729 REDESIGN THE FORM AND FUNCTION OF PEACHTREE STREET
RFP $500,000.00
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
EMERGENCY CONTRACTS
DEPARTMENT C NUMBER TITLE OF CONTRACT
None to Report.
COUNCIL - "*"
CPO - "as"
AUTHORIZATION BY:
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
CHANGE ORDERS
FC NUMBER TITLE OF CONTRACT / VENDOR
NAME CHANGE ORDER
DOLLAR AMOUNT
REASON
None to Report.
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
CONTRACTS NOT EXECUTED WITHIN 90 DAYS
FC NUMBER CONTRACT NAME NOTES
FC-10513 City Wide Intersections Signals Detection - - CO-OP
Pending receipt of Insurance documents.
FC-10327A TechHire Software Development Training Pending official correspondence on
status of grant.
FC-10389 Employee Benefits Routing for Signature.
FC-10408 Covendis On-Call IT Services, Amendment # 2
Routing in DOP for Signature.
FC-9187 Annual Green Infrastructure and Landscape Services, Renewal # 2
Preparing Bonds to route for signature.
FC-4944 Tennis Management Services, Amendment # 3 Amendment being reviewed by DOP.
FC-10008 Improved City Services with ATL311 Mobile Application, Renewal # 1
Pending draft of the Renewal for review.
FC-10022 Campbellton Rd Pedestiran Mobility Improvements
Pending an approved Administrative Change Order to correct vendor name.
111MINIMMIIIFF CHANGES IN SCOPE
FC NUMBER TITLE OF CONTRACT CHANGE IN SCOPE OF
SERVICES
None to Report.
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 9, 2019
REPORTING PERIOD WEEK: DECEMBER 2 - 6, 2019
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20-C-0005
A COMMUNICATION FROM CHIEF PROCUREMENT OFFICER DAVID L. WILSON, II SUBMITTING THE DECEMBER 09, 2019 THROUGH DECEMBER 13, 2019 WEEKLY CONTRACTS REPORT TO THE ATLANTA CITY COUNCIL AND CLERK OF COUNCIL PURSUANT TO SECTION 2-1142 OF THE ATLANTA CITY CODE OF ORDINANCES.
* VOTE RECORD - COMMUNICATION 20-C-0005
0 ACCEPTED
0 ACCEPTED AND FILED
0 ACCEPTED W/O OBJECTION
0 ACCEPTED/FILED/WO OBJECTION
0 ADOPTED
0 ADVERSED
0 CONFIRMED
0 CONFIRMED AS AMENDED YES/AYE NO/NAY': ABSTAIN ABSENT
0 FAILED MICHAEL JULIAN BOND VOTER 0 0 0 0
0 FAVORABLE MATT WESTMORELAND ! VOTER 0 0 0 0
0 FAVORABLE AS AMENDED ANDRE DICKENS VOTER 0 0 0 0
0 FAVORABLE ON SUBSTITUTE CARLA SMITH VOTER 0 0 0 0
0 FILED AMIR R FAROKHI ' VOTER 0 0 0 0
0 FILED AND REFERRED ANTONIO BROWN VOTER 0 0 0 0 _± -- 0 FILED BY COMMITTEE CLETA WINSLOW VOTER 0 0 0 0
0 FILED WITHOUT OBJECTION NATALYN MOSBY ARCHIBONG VOTER 0 o 0 0 0 FORWARDED TO FC/NQ JENNIFER N IDE VOTER 0 0 0 0
o FORWARDED W/NO HOWARD SHOOK VOTER 0 0 0 0 RECOMMENDATION
JP MATZIGKEIT ] VOTER 0 0 0 0 0 HELD IN COMMITTEE
DUSTIN HILLIS ' VOTER 0 0 0 0 0 NOT ACCEPTED BY COMMITTEE
0 QUADRENNIALY TERMINATED ANDREA L BOONE VOTER 0 0 0 0
0 REFERRED AS HELD MARCI COLLIER OVERSTREET
VOTER 0 b o o
0 REFERRED TO COMMITTEE JOYCE M SHEPERD VOTER 0 0 0 0
0 REFERRED WITHOUT OBJECTION
0 RETURNED AS HELD
0 ROUTED TO COW
0 HELD IN COW
0 POSTPONED
0 RETAINED AS HELD
[Unanimous]
20-C-0005 Last Updated: 12/30/19
Page 2 of 5
20-C-0005
Keisha Lance Bottoms Mayor
CITY OF ATLANTA SUITE 1900
55 TRINITY AVENUE. SW ATLANTA. GA 30303
(404) 330-6204 Fax: (404) 658-7705 Internet Home Page: www.atlantaga,gov
DEPARTMENT OF PROCUREMENT David L. Wilson II
Chief Procurernem Officer
December 16, 2019
The Honorable Felicia A. Moore President, Atlanta City Council 55 Trinity Avenue, Suite 2900 Atlanta, GA 30303
Re: Department of Procurement Weekly Contracts Report
Dear Council President Moore:
Pursuant to Section 2-1142 of the Atlanta City Code of Ordinances, the Chief Procurement Officer is required to submit monthly reports of contracting activity to City Council. However, to provide greater transparency and information that is closer to real-time reporting, we have elected to provide reports on a weekly basis. Accordingly, I have attached for your review a copy of the December 9 — December 13, 2019 Weekly Contracts Report (Report) to the Atlanta City Council and Clerk of Council.
As required in the Procurement Code, the Report is comprised of the titles of contracts and methods of selection, as well as those contracts authorized by the City Council with related dollar amounts. It includes any emergency contracts, change orders or changes in scope to designated contracts. Additionally, pursuant to Article III, Section 2-176 of the Procurement Code, the Report lists those contracts not executed within ninety (90) days of Council approval and the reason therefor. Finally, with respect to any change order approved pursuant to Atlanta City Code Section 2-I292(a), a copy of the written determination is attached.
Please let me know if you have any questions or need additional assistance.
Sincerely,
David L. Wilson II Chief Procurement Officer
DLW/pw Attachment cc: City Councilmembers (w/att)
Mr. Joshua Williams, COO (w/att) Mr. Jestin Johnson, DCOO (w/att) Ms. Carmen Chubb, COS (w/att) Mr. Foris Webb (w/att)
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
ADVERTISED PROJECTS
FC NUMBER TITLE OF PROJECT DATE OF ADVERTISEMENT
METHOD OF SOURCE
SELECTION
RFP-S-1200062 Trinity Avenue Lot Redevelopment for Mixed-Income Housing
11/1/2019 RFP-S
RFP-S-1200152 ATL Customer Experience Program 11/14/2019 RFP-S
IFB-C-1200068 Hot-In-Place Recycling Maintenance Activities 11/15/2019 IFB-C
I FB-C-1200084 Asphaltic Concrete Pavement Milling & Resurfacing
11/21/2019 IFB-C
IFB-C-1200105 South Deicing Complex Support Facilities 11/21/2019 IFB-C
I FB-S-1200167 Inmate Telephone Services 11/22/2019 IFB-S
RFP-S-1200049 Annual Contract for Bill Printing Services 11/25/2019 RFP-S
IFB-S-1200216 IT Professional Consulting Services on an As-Needed Basis
11/25/2019 IFB-S
IFB-S-1200097 Automotive Body & Repair Services 11/26/2019 IFB-S
RFP-S-1200201 General Contractor Services for Atlanta Jazz Festival 2020
11/27/2019 RFP-S
IFB-C-1200193 Resurfacing, Intersection, Signals Work Combo
11/27/2019 IFB-C
IFB-G-1200184 Rental of Trash Bins and Trash Pick-Up 11/4/2019 IFB-G
I FB-G-1200157 Teledyne ISCO Brand Equipment, Parts, and Accessories
11/4/2019 IFB-G
I FB-G-1200072 Electrical Supplies 11/4/2019 IFB-G
IFB-G-1200199 Waste Oil Removal and Recovery 11/6/2019 IFB-G
I FB-G-1200196 Crushed Stones 11/8/2019 IFB-G
I FB-G-1200210 Neptune Water Meters 11/14/2019 IFB-G
IFB-G-1200197 Waterborne Airfield and Traffic Marking Paint 11/14/2019 IFB-G
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
PROJECTS AUTHORIZED BY COUNCIL
FC NUMBER ,
TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-8171 YARD DEBRIS PROCESSING AND DIVERSION PROGRAM
Amendment # 3 $1,000,000.00
FC-1190070 TOWING SERVICES FOR MEDIUM AND HEAVY EQUIPMENT
IFB $2,500,000.00
FC-10127 MAINTENANCE AND REPAIR SERVICES OF THE BIG BELLY SMART RECYCLING AND REFUSE UNITS
Correction paper for FC number.
n/a
FC-10309 CITY OF ATLANTA INTERCHANGE Amendment # 1 (to
add funding) $750,000.00
FC-1190453 TRAVELING SCREENS SERVICE AND REPAIR
IFB $430,000.00
FC-10118 SMALL WATER METER INSTALLATION AND REPLACEMENT SERVICES
Amendment # 1 $4,500,000.00
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-8744 A MAJOR MECHANICAL REPAIRS AND SERVICES
Amendment # 2 $375,000.00
FC-1190031 COLLIER RD. OUTFALL SEWER IMPROVEMENTS PHASES 1 AND 2
RFP $7,543,676.60
FC-1190515 COMPLETION OF THE LINDBERGH-ARMOUR LCI MAJOR PLAN UPDATE
IFB $350,000.00
FC-9011 ANNUAL SOFTWARE MAINTENANCE OF THE ELECTRONIC WARRANT INTERCHANGE ("EVVI")
Renewal # 1 $26,250.00
FC-9877 AATC BUSINESS AND TECHNICAL CONSULTING SERVICES
Supplementing Funds
$1,809,860.00
FC-1190579 AIRFIELD REPAIRS 2019/20 AT HJAIA RFP $16,964,026.30
FC-5472 CONCOURSE T RETAIL CONCESSIONS AGREEMENT
Amendment to Renew
tbd
FC-8249
ANNUAL CONTRACT FOR THE MAINTENANCE AND REPAIR OF SIDEWALKS, CURBS, DRIVEWAY APRONS AND ASSOCIATED INFRASTRUCTURE FOR SIDEWALK REPAIRS
Renewal # 3 / Task Order # 11
$3,000,000.00
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-1200067 AUTOMATIC DEPENDENT SURVEILLANCE (ADS-B) VEHICLE MOVEMENT AREA TRANSPONDERS (V-MAT) AT HJAIA
Sole Source $197,775.00
FC-10725 FIRE STATION #22 CONSTRUCTION RFP $9,807,934.17
FC-10670 CITYWIDE HEATING AND AIR CONDITIONING SERVICES
To correct
Contractor Name and Funding Amount
$3,485,000.00
FC-7383 C
A & E SERVICES FOR DEMOLITION AND CONSTRUCTION COST ESTIMATING SERVICES FOR THE REIMAGING OF THE ATLANTA DETENTION CENTER PROJECT
Task Order # 79 $45,500.00
FC-10531 ORACLE HCM, ERP, EPM, AND PAAS SOFTWARE SUPPORT AND MAINTENANCE
Renewal # 1 $1,383,260.62
FC-9226 ORACLE SIEBEL SOFTWARE SUPPORT SERVICES NECESSARY FOR THE 311 CALL CENTER
Renewal # 3 $589,513.37
FC-1190002 PUBLIC SAFETY SYSTEMS CONSULTING SERVICES Amendment # 1 $227,748.00
FC-5325 DUTY FREE CONCESSIONS LEASE AGREEMENT
Amendment # 1 Revenue Generating
FC-9696 SOLAR ENERGY PROGRAM Amendment # 1 n/a
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
FC NUMBER TITLE OF CONTRACT METHOD OF
SOURCE SELECTION
DOLLAR AMOUNT
FC-1190553 JANITORIAL SERVICES AT HJAIA IFB $892,584.00
FC-6149 AIRPORT COMMON USE LOUNGE THIRD PARTY MANAGEMENT SERVICES ON CONCOURSE F
Renewal Lease Agreement
FC-8100 INSURANCE BROKERAGE AND CONSULTING SERVICES
Renewal # 2 $856,000.00
FC-10045 CISCO SMARTNET SUPPORT SERVICES Renewal # 2 $1,097,216.89
FC-10509 PURCHASE KRONOS HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SERVICES
Amendment # 1 $119,524.43
FC-1190729 REDESIGN THE FORM AND FUNCTION OF PEACHTREE STREET
RFP $500,000.00
C NUMBER DEPARTMENT TITLE OF CONTRACT
EMERGENCY CONTRACTS
None to Report.
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
COUNCIL - "*"
CPO - "**"
AUTHORIZATION BY:
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
'1------"IMU - 1n r'--
..... . CHANGE ORDERS . r
FC NUMBER TITLE OF CONTRACT / VENDOR
NAME CHANGE ORDER
DOLLAR AMOUNT
REASON
None to Report.
WEEKLY CONTRACTS REPORT TO ATLANTA CITY COUNCIL MONDAY, DECEMBER 16, 2019
REPORTING PERIOD WEEK: DECEMBER 9 - 13, 2019
CONTRACTS NOT EXECUTED WITHIN 90 DAYS
FC NUMBER CONTRACT NAME NOTES
FC-10513 City Wide Intersections Signals Detection - - CO-OP
Pending receipt of Insurance documents.
FC-10327A TechHire Software Development Training Pending official correspondence on
status of grant.
FC-10389 Employee Benefits Routing for Signature.
FC-10408 Covendis On-Call IT Services, Amendment # 2
Routing in DOP for Signature.
FC-9187 Annual Green Infrastructure and Landscape Services, Renewal # 2
Preparing Bonds to route for signature.
FC-4944 Tennis Management Services, Amendment # 3
Amendment being reviewed by DOP.
FC-10008 Improved City Services with ATL311 Mobile Application, Renewal # 1
Pending draft of the Renewal for review.
FC-10022 Campbellton Rd Pedestiran Mobility Improvements
Pending an approved Administrative Change Order to correct vendor name.