INTER-OFFICE MEMORANDUM

Transcription

1 INTER-OFFICE MEMORANUM County Manager Action Form TO: Zachary Williams, County Manager A A FROM: FULTON COUNTY ATE: March 21, 2008 Angela Parker, Acting irector, E&cV SUBJECT: City of Atlanta Annexation Request - Pompey rive REQUESTE ACTION BY MANAGER: consideration. Submit to the Board of Commissioners for CRITICAL ATE FOR ACTION: April 2, 2008 PURPOSE: To consider a request by the City of Atlanta to annex parcels along Pompey rive and Old Fairbum Rd. ISCUSSION: On March 14,2008, Fulton County received an annexation request from the City of Atlanta to annex parcels by the 60% method along Pompey rive and 3595 Old Fairbum Rd. hi accordance with O.C.G.A (a)(l), annexation resulting in the creation of unincorporated islands is prohibited. The property owners are petitioning to annex parcels that would result in the formation of an unincorporated island. Additionally, pursuant to O.C.G.A , the City of Atlanta provided no information regarding the proposed use and zoning of the site. As a result, no land use analysis could be performed in evaluating the application. And finally, the applicant's parcel descriptions are inconsistent with the County's parcel identification numbers. IMPACT: If the proposed annexation occurs, the Pompey rive and Old Fairbum parcels would join the corporate limits of the City of Atlanta and create an unincorporated island. FISCAL/FACILITIES IMPACT: There are no community facilities within the site. AVAILABILITY OF FUNING: NA COORINATION: Environment & Community evelopment CONTACT PERSON: Angela Parker, Acting irector, E&C RECOMMENATION: E&C recommends placing an objection to the annexation. ATTACHMENTS: City of Atlanta annexation request.

2 REQUESTE ACTION OF BOC: To support staff recommendation of objection to the City of Atlanta's annexation request due to the creation of an utfintkbtpbfated island. EFFECT OF BOC'S ACTION: The Pompey rive and Old Fairburn Rd parcels will remain within unincorporated Fulton County. EPARTMENT: Environment & Community evelopment

3 WORIN( :, Request Board of Commissioners to place an objection to the City of Atlanta's annexation request of parcels located along Pompey rive and 3595 Old Fairburn Rd based on the creation of an unincorporated island.

4 RHONA AUPHIN JOHNSON, CMC MUNICIPAL CLERK VIA CERTIFIE MAIL RETURN RECEIPT REQUESTE March 10,2008 CITY OF ATLANTA OFFICE OF MUNICIPAL CLERK 55 TRINITY AVENUE, S.W. SUITE 2700 ATLANTA, GEORGIA Main (404) Fax (404) municipalclerki3atlantaga.gov Fulton County Board of Commissioners c/o John Eaves, Chair 141 Pryor Street, SW Atlanta, Georgia ear Chairman Eaves and all Members of the Fulton County Board of Commissioners: Please be advised that the City of Atlanta, by authority vested in it by Article 2 of Chapter 36, Title 36 of the Official Code of Georgia Annotated, has received a 60% application for annexation of the following properties currently lying within unincorporated Fulton County: o o Address 4345 Pompey rive, Atlanta, GA Pompey rive, Atlanta, GA Pompey rive, Atlanta, GA Pompey rive, Atlanta, GA Pompey rive, Atlanta, GA Old Fairburn Rd. Atlanta, GA Fulton County escription 14F0036LL FOO39OOO2OO5 14F FOO36LLO373 14F0039LL FOO39LLO332 14F Furthermore, the letter, requesting annexation, a legal description of the property, and a map is attached. This notice is sent via certified mail, return receipt requested, within five (5) business days of receipt of the application, as required by O.C.G.A Pursuant to O.C.G.A , and O.C.G.A , you are required to notify the governing authority of the City of Atlanta, in writing and by certified mail, of any county facilities or property located within the property to be annexed within five (5) business days of receipt of this correspondence. Thank you for your attention to this matter. Sincerely, /StU*/?/t^^ nda auphin Johnson (/ Atlanta Municipal Clerk CC: Zachary Williams, Fulton County Manager Randy Beck, eputy irector Planning and Zoning Fulton County Alice Wakefield, irector of Planning Elizabeth Chandler, City Attorney wayne M. Holt Atlanta City Council

5 March 6,2008 Mrs. Rhonda auphin Johnson Atlanta Municipal Clerk 55 Trinity Avenue, SW Atlanta, Ga Mrs. Johnson: On April 1,2007, the city of Atlanta approved annexation of all properties within the Huntington community with the exception of Pompey rive and the adjoining property on Old Fairbum Road. At the time of the January 2007 petition the Pompey rive residents could not achieve the 60% land owner's threshold and it was requested by r. John Cater, President, Huntington Community Association, that Pompey rive be withheld. (REF: letter to the Municipal Clerks office, from r. John Carter dated April 23,2007). It is our desire; through the evidence of signed petition, to resume the annexation process begun in 2007, by r. John Carter. We believe that we have achieved 60% of the elector ad 60% of the land owners signed petitions as follows: Address Fulton Co. escription 4345 Pompey rive, Atlanta, Ga F0036U Pompey rive, Atlanta, Ga F Pompey rive, Atlanta, Ga F Pompey rive, Atlanta, Ga F0036LL Pompey rive, Atlanta, Ga F0039LL F0039LL Old Fairburn Road, Atlanta, Ga F We will submit the signed petition under separate cover. Your prompt attention to this request would be greatly appreciated. Sincerely wayne M. Holt 4335 Pompey rive Atlanta, Ga

6 PETITION REQUESTING ANNEXATION April 23,2007 To the Municipal Cleric of the City of Atlanta, Georgia 1. We, the undersigned, representing not less than 60 percent of the real property within the territory described therein, do respectfully request that the City Council of the City of Atlanta, Georgia, annex the territory described below to the City of Atlanta, Georgia. Said City having a population of 200 or more persons, and extend the city boundaries to include the same. 2. The territory to be annexed is unincorporated and contiguous (as described in O.C.G.A ) to the existing corporate limits of the City of Atlanta, Georgia and the description of such territory is as follows: [insert complete description of land to be annexed.] The description of such land is as follows: On April 1,2007, the City Council of Atlanta approved the annexations of all areas of the Huntingdon Community Association with the exception of Pompey rive, SW. This petition is for the remaining tracts of parcel of land lying and being in land lots of the 55 th Fulton County" Tax istrict between: o Pompey rive, SW o Old Fairburn Road (between Camp Creek Parkway on the North and 3595 Old Fairbum Road) These lots fall in the remaining Country Club Section Huntington Community This land is contiguous with that of the City of Atlanta.. A map of the property is attached. r. John H. Carter President Huntington Community Association

7 MAP OF THE HUNTINGTON COMMUNITY (Pompey rive Petition ) o Pompey rive, SW o Old Fairbum Road (between Camp Creek Parkway on the North and 3595 Old Fairbum Road) I 90Wt Cnwart Ti'iMR Clwh V 5. H o n«!<s5l MVur so =1 f 7C5 y CJOO6 NAVTEQ

8 3465 Somerset Trail, Atlanta, GA curterlfo u hellsoiith.net April 23, 2007 Mrs. Rhonda auphin Johnson Atlanta Municipal Clerk 55 Trinity Avenue, S. W. Atlanta, Georgia Mrs. Johnson: On April 1,2007, the City ofatianta approved the annexation of all property within the Huntington Community Association with the exception ofpompey rive and Old Fairburn Road (between Camp Creek Parkway on the North and 3595 Old Fairburn Road on the South). In our January 16, 2006 petition, signatures were provided for the following neighbors in this area of the Huntington Community Association: NAME Mrs. Pat Owens Mr. Henry Owens Ms. Mary H. Boyd Mr. George Boyd Ms. Mildred Brown Mrs. Rita Holt Mr. wayne Holt Mr. Everett Gay Mrs. Etta Gay Mr. Arthur Gay ARESS FULTON COUNTY PROPERTY ESCRIPTION 4345 Pompcy rive. Atlanta. GA F Pompey rive. Atlanta. GA F00361.L Pompey rive. Atlanta. GA I4F Pompey rive. Atlanta, GA I4F Pompey rive, Atlanta. GA F Pompey rivel Atlanta. GA I4F0036LL Pompcy rive, Atlanta. GA I4FO036L Old Fairburn Road. Atlanta, GA I4F Old Fairburn Road. Atlanta, GA I4F Old Fairburn Road. Atlanta. GA I4F Since these residents did not own 60% of the Property affronting and on Pompey rive, they could not he annexed with the rest of the Huntington Community Association. Attached is the signed petition from Mr. Norbert Simmons, the major property owner ofpompey rive property:. Property located on Pompey rive from the corner of Old Fairburn Road to the property line 4345 Pompey rive Property in the cul-de-sac between the property lines of 4330 and 4335 Pompey rive. Your consideration of this additional petition request would be appreciated as we are already experiencing problems with neighborhood being in separate municipalities. For example, private garbage collection companies-are refusing to service Pompey rive. / <u in aftvamcf for your consideration. r. John H. C«<rte President S / Attachments: Petition Cover Sheet Requesting Annexation Map of Proposed Annexed Area Petition Signed by Mr. Norbert Simmons

9 HUNTINGTON ANNEXATION AREA Legend \\-',\ PETITION SIGNEES 1 - j PETITION AREA "1 EXPANE AREA City Limits ATLANTA EAST POINT

10 FULTON COUNTY UNIFORM PURCHASING SIGN-OFF SHEET Solicitation #: epartment: escription; a - AVUKA*\ Invitation To Bid (ITB) Request for Proposal (RFP) Request for Quotation (RFQ) Other (Explain): Statewide Contract Change Order Sole Source Contract Amendment Renewal Emergency Procurement SOUCITE FROM: Bids Notification Sent Bids Received MBE FBE Non-M/FBE Total TYPE OF SERVICE: Annual Purchase Construction Contract Employee Grant Land Purchase Professional Services Non-Professional Services Q Lease One Time Purchase Revenue Contract Other (Explain) PRIME CONTRACTOR Non-M/FBE MBE FBE Code:* Name: Address: City: ST: Zip: County: Contact: Amount $ Telephone: Percentage: Formal Contract Attached? Yes No Contract Start ate Prior Contract(s) With County: Yes Funding Line: Or Upon Approval No M/A Name: Non-M/FBI Address: City: County: Contact: Amount $ SUBCONTRACTOR MBE ST: FBE Code:* Telephone: Zip: Percentage: (If additional sub-contractor sheet is needed, please attach.) ates: APPROVAL SIGNATURES End ate: Originating epartment: Information Technology: Environment and Community evelopment: Finance: County Attorney: Purchasing & Contract Compliance eputy County Manager: ate: ate: ate: ate: ate: ate: Finance Summary Original Amount $ Previous Increases $ This Request $ Contract Total $ Total Contract Amount: $ Amount: $ Amount: $ Amount: $ BE/FBE Portion 'Ethnic Code*: W - White Female A - Asian American Male J - Asian American Female B - African American Male G - African American Female H - Hispanic American Male I - Hispanic American Female N - Native American Male K - Native American Female Revised 3/7/2007