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AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY LOCATED AT 1195 UNIVERSITY DRIVE, NE, ATLANTA, GEORGIA 30306 INTO THE CORPORATE LIMITS OF THE CITY OF ATLANTA, GEORGIA PURSUANT TO THE 100% METHOD; TO EXTEND THE BOUNDARIES OF THE ATLANTA INDEPENDENT SCHOOL SYSTEM; TO NOTIFY THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF GEORGIA OF SUCH ANNEXATION; AND FOR OTHER PURPOSES
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WHEREAS, the owners of real property (the “Applicants”) have applied to the City of Atlanta for annexation (“the Application”), attached hereto as Exhibit “A”, of certain property located at 1195 University Drive, NE, Atlanta, Georgia 30306, as more fully described and delineated in Exhibit “B”, attached hereto (the “Property”); and
WHEREAS, the City of Atlanta has determined that the Property is contiguous to the existing corporate limits of the City of Atlanta in excess of the minimum amount required for such annexation under O.C.G.A. § 36-36-1 et seq.; and
WHEREAS, the City of Atlanta has determined that the Applicants are the titleholder of record of 100% of the privately-owned land within the Property, as evidenced by the Clerk of the Superior Court of DeKalb County, Georgia; and
WHEREAS, the requirements in O.C.G.A. § 36-66-4(d) governing procedures for the zoning of land to be annexed into a municipality have been satisfied; and
WHEREAS, , the zoning classification approved by the City of Atlanta for the Property which is the subject of the proposed annexation shall become effective on the date that the zoning is approved by the City of Atlanta or the date that the annexation becomes effective as required by O.C.G.A. §36-36-2, whichever is later; and
WHEREAS, the City of Atlanta has lawfully provided notice to DeKalb County, Georgia, attached hereto as Exhibit “C”, of all required information including notice to the City of Atlanta’s receipt of the Application for annexation of the Property; and
WHEREAS, the City of Atlanta has authority pursuant to O.C.G.A. § 36-36-1et seq. to annex certain property into the corporate limits of the City of Atlanta, and the Mayor and Council of the City of Atlanta have determined that the annexation of the Property would be in the best interest of the residents and property owners of the areas to be annexed and of the citizens of the City of Atlanta; and
WHEREAS, the City of Atlanta has determined that the Application meets the requirements of law pursuant to O.C.G.A. § 36-36-1et seq.; and
WHEREAS, upon annexation of the City must submit a report to the Georgia Department of Community Affairs.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:
Section 1. The property known as 1195 University Drive, NE, Atlanta, Georgia 30306 which is more fully described and delineated in Exhibit “B”, incorporated herein by reference, is hereby annexed to the existing corporate limits of the City of Atlanta, Georgia.
Section 2. The City of Atlanta Law Department is hereby authorized and directed to file a report identifying property annexed with the Department of Community Affairs of the State of Georgia and with the governing authority of DeKalb County as required by O.C.G.A. § 36-36-3, and to take all other actions required by law with regard to the adoption of this Ordinance and the annexation of the Properties.
Section 3. It is the expressed intent of the Atlanta City Council that the annexation of the Property shall act to expand the boundaries of the Atlanta Independent School System. This Ordinance shall become effective for school enrollment purposes on July 1, 2022. For all other purposes, the Ordinance shall become effective in accordance with applicable provisions of Georgia law.
Section 4. All Ordinances or parts of Ordinances in conflict with the terms of this Ordinance are hereby waived to the extent of the conflict.