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HUGHES SPALDING WILLIAM K, MEADOW CHARLES L . GOWEN JAMES M . SIBLEY JOHN I Z ARD K I RK M. MCALPIN RICHARD A. . DENNY, JR . W I LL I AM H . IZLAR, .JR . B R ADLEY HA.LE R O BERT L . STEED j,J£NRY HALL WARE, Ill HUGH PETERSON,JR, JOHN A.WALLA.CE DAVID L,CO~ER \JOHN 0 . HOPKINS A . F'ELTON JENKINS,JR. JACK H, WATSON , .JR , HORACE H , SIB.L EY ROBT. B, TROUTMAN F"URMA.N SMITH HUGHES SPALDING, .JR, CHARLE S H. KIRBO POPE B , M"w"INTIRE KENNETH L , HEWITT HARRY C. HOWARD R . BYRON ATTRIDGE ROBERT w . HURST ANTHA MULKEY DANIEL .,J . o'cONNOR, .JR. CHARLES M . KIOO .JOHN C , STATON,JR. F"URMAN SMITH, JR. G , LEMUEL HEWES PHILIP F". E.THERIOGII!: A.WILLIAM 10~ Ill IZING & SPALDING TRUST COXPANY OF' GEORGIA BUILDING ATLANTA, GEORGIA 30303 404 525-0481 October 3, 1967 Mr. Malcolm D. Jones Housing Resources Committee Room 1204, City Hall 68 Mitchell Street, s. w. Atlanta, Georgia 30303 Re: Jurisdiction of Atlanta Housing Authority Outside City Limits Dear Mr. Jones: Following our telephone conversation of yesterday morning, I made a close check of the Georgia laws on the extraterritorial jurisdiction of the Atlanta Housing Authority, and I also checked out the effect of federal statutes • . With regard to housing operations, under the "Housing Authorities Act", the jurisdiction of an authority is defined as follows in§ 69-1119, Ga. Code Ann.: "(f) 'Area of Operation• in the case of a housing a uthority of a city, shall include such city and the area within 10 mi les of the territorial boundarie s thereof, but shall not include any area which lies withi n t he t erritoria l boundarie s of a ny othe r city unless a r e solution s hall ha ve be en adopted by t he governing body of such other city declaring that there i s a need for the city housing authority to exer c ise it_s powers within the t erritoria l boundaries of s uch ot her city. No cit y, county, r egiona l or cons oli da t e d authority sha ll oper ate i n any area in which an aut hority a lready establ ish e d is operating without the consent by r e s olution of the author ity alr eady oper a ting "therein. 11 (Ga . Laws 1937, pp . 210 , 212, as a mended) .-.•:. �Mr. Malcolm D. Jones -2- October 3, 1967 This means that the _authority which first begins operating in an area outside the territorial limits of a city under this particular law shall have pre-empted jurisdiction from any other city authority whose extra-territorial jurisdiction would cover the same ground. For instance, if the Atlanta Housing Authority first began operating in an area of Fulton County which was also within 10 miles of the East Point Housing Authority, Atlanta's being there first would keep East Point out. ~ Although the law in Georgia seems to give the authority absolute right to operate within the unincorporated areas of a county, Mr. James Jones at the H.A.A. ini'orms me that Federal law would require that the Authority have an operating agreement with the county. The Atlanta Housing Authority presently has such an agreement with Fulton County. As for Urban Redevelopment, or Urban Renewal, the jurisdiction of the Housing Authority is only 5 miles. The Georgia "Urban- Redevelopment Law" states in part as follows in § 69-1119, Ga. Code Ann.: "(r) 'Area of Operation' shall mean the area within the corporate limits of the munic ipality and the area within 5 miles of such limits, except that it shall not include any area which lies within the territorial .boundaries of another incorporated city or town unless a resolution shall have been adopted by the governing body of such other city or town declaring a need therefor." (1937 Ga. Laws, pp. 210-230, as amended ) Of course there are numerous provisions in Georgia law for cooperative agreements between various authorities, including provisions for joint action on occasion. However, the above statutes, plus the reference to the Federal requirements for a cooperation agreement, set out the basic extra-territorial jurisdiction of the Atlanta Housing Authority. �Mr. Malcolm D. Jones -3- October 3, 1967 If I can be of any further help to you, please +et me know. Sincerely, ~~ / Hugn Peterson, J r y HPJr:km ccs: Mr. M. B. Satterfield Executive Director Atlanta Housing Authority Mr. Carlton Garrett Director of Finance Atlanta H_o using Authority �