RESOLUTION
A RESOLUTION OF THE MAYOR AND COUNCIL FOR THE CITY OF NORCROSS; TO ADOPT AN URBAN REDEVELOPMENT PLAN FOR ONE OR MORE SLUM, BLIGHTED OR UNDERDEVELOPED AREAS WITHIN THE CITY OF NORCROSS, GEORGIA, PURSUANT TO THE PROVISIONS OF THE URBAN DEVELOPMENT LAW, O.C.G.A. SECTION 36-61-8; TO APPROVE AN APPLICATION FOR AN OPPORTUNITY ZONE FOR THE AREA ENCOMPASSED BY SUCH REDEVELOPMENT PLAN PURSUANT TO O.C.G.A. SECTION 48-7-40.1; TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE, AND FOR OTHER PURPOSES.
WHEREAS, the Mayor and Council for the City of Norcross, Georgia (the "City") is the duly elected governing authority for the City; and
WHEREAS, Chapter 61 of Title 36 of the Official Code of Georgia Annotated provides for the creation of an Urban Development Plan for an Urban Redevelopment Project as those terms are defined in O.C.G.A. 36-61-2; and
WHEREAS, Section 1.14(41) of the City Charter grants the Mayor and Council of the City, as the governing body of the City, the power to organize and operate an urban redevelopment program; and
WHEREAS, the Mayor and Counsel of the City have decided to designate themselves as the redevelopment agency for the City pursuant to O.C.G.A. 36-44-4 (a) to exercise the redevelopment powers provided by Chapter 44 of Title 36 of the Official Code of Georgia Annotated; and
WHEREAS, O.C.G.A. 48-7-40.1(c)(4) provides for the creation of Opportunity Zones to assist in the redevelopment of distressed areas where an Urban Development Plan is in place; and
WHEREAS, it has been determined by the Mayor and Council of the City that there is a need for the revitalization and redevelopment of areas of the City to develop and promote for the public good and general welfare housing, trade, commerce, and employment opportunities within the City; and
WHEREAS, it has been determined by the Mayor and Council of the City that within such areas there exist certain "slum areas" within the City limits, as that term in defined in O.C.G.A. 36-61-2, in that there presently exist conditions such as: a predominance of buildings or improvements, both residential and nonresidential, which by reason of dilapidation, deterioration, age, vacancy, or obsolescence are conducive to crime and are detrimental to the public health, safety, morals, or welfare; the presence of a substantial number of vacant, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness for present or future development; development impaired by transportation noise or by other environmental hazards; or a combination of such conditions that substantially impairs or arrests the sound growth of the City, retards the provisions of adequate housing accommodations, and constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; and
WHEREAS, it has been determined by the Mayor and Council of the City that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City; and
WHEREAS, it has been determined by the Mayor and Council of the City that such areas should be designated as Urban Redevelopment Areas as defined by O.C.G.A. 36-61-2; and
WHEREAS, the Mayor and Council of the City have prepared a workable program to eliminate and prevent the development or spread of "slum areas," as that term in defined in O.C.G.A. 36-61-2, to encourage needed urban rehabilitation, to provide for the redevelopment of such "slum areas," and to undertake such activities as may be suitably employed to achieve these objectives to be known as the proposed Urban Redevelopment Plan of the City of Norcross; and
WHEREAS, it has been determined by the Mayor and Council of the City that the City may apply to the Georgia Department of Community Affairs for the creation of Opportunity Zones pursuant to O.C.G.A. 48-7-40.1(c)(4) to assist in the redevelopment of distressed areas;
WHEREAS, the Mayor and Council of the City have caused a public hearing to be held on the adoption of the proposed Urban Redevelopment Plan of the City of Norcross and the proposed application for the creation of Opportunity Zones within such redevelopment plan on May 11, 2009 pursuant to the provisions of O.C.G.A. 36-61-7; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Norcross, Georgia hereby designate themselves as the redevelopment agency for the City pursuant to O.C.G.A. 36-44-4 (a) and to exercise the redevelopment powers set forth in Chapter 44 of Title 36 of the Official Code of Georgia Annotated and Section 1.14(41) of the City Charter;
BE IT FURTHER RESOLVED that the Mayor and Council of the City find that there exist certain "slum areas," as that term in defined in O.C.G.A. 36-61-2, within the City limits, as set forth above;
BE IT FURTHER RESOLVED that the Mayor and Council of the City of Norcross, Georgia find that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such "slum areas" is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City;
BE IT FURTHER RESOLVED by the Mayor and Council of the City of Norcross that the Urban Redevelopment Plan of the City of Norcross, a copy of which is attached hereto as Exhibit "A," is hereby approved and adopted;
BE IT FURTHER RESOLVED that the Mayor and Council of the City of Norcross hereby approve the submission of such Urban Redevelopment Plan to the Georgia Department of Community Affairs for the purpose of applying for Opportunity Zone designation for the area encompassed by said plan; and
BE IT FURTHER RESOLVED that any and all resolutions in conflict with this resolution are hereby repealed.