Box 5, Folder 9, Document 29

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Box 5, Folder 9, Document 29

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Report of Legal Panel
Decemb er 9 ~ 1968
. I
I
In brief$ the ach i evements and act i vities of the Legal Panel
in tbe year-to date have been as follows~
(1) Advocacy, drafting and passage by the Atlanta School
Board of a local constitutional amendment to allow the City of Atlanta,
through its local School Board, to lea se school buildings for a term
longer than that of the Ci t y Councilo The research on this project
was done by Freeman Hutton and the Chairman of this Committee, and
was presented by the Chairman to the School Board on June 28, 19680
The 3chool Board passed the concept of leasing school buildings from
private developer s for a long-term in principal, and directed
Mr~ Ao C. Latimer" the schocl board attorney~ in conjunction with
the Legal Panel
draft the specific local constitutional -amendmento
to
The a dvantage of this local constitutional amendment
would be that school facilities could be provided in a low-cost housing
project in the form of xental payments over a term of years, thus
alleviating the need of the School Board to construct a school facility
at high initial costs, and thus providing the project with necessary
community fa c i lit ies o The most oft-used ex cuse in opposition to
zoning proper ty f or low- cost housing is that no school f acilities
would be available; a n obj e ction which would b e come moot after
passage of the constitutional amendment, in that the School Board
would lease with little diminution in its bonds' credito
Upon completion of the d rafting, t he amendment will
then be submitted to the School Board sometime in early 1969, for
formal approval so that it can be rea died for the 1970 Legislature
and subsequent referendumo As a practical matter, the leas ing
arrangements in Urban areas will probably be required to contain an
option to purchase vested i n the School Board in that City credit
against Federal Funds could only b e al lowed in structures which were
a public facility; ac cording to Mr Neil Zi ttrauer, o f the Depar tment
of Housing and Urban Development, Re newal Assis t a nce Admini~trationo
0
(2) The Legal Panel, through its Chairman, drafted the
Package Zoning Proposal, presented to the Board of Aldermen on August
2, 1968, and assisted in the publ icity surr ounding the presentation
of said p r oposa l on August 2, 19680
(3 )
The Legal Pa nel, throu gh its Cha i rman, serv e d on an
Ad Hoc Committee , r eview ing t he tota l purposes of t he Committ ee o This
Ad Hoc Committee rev i e wed a report of Colonel Jones , dated Febr uary 7,
1968, and made its c omments to the full Housing Resources Committee o
(4) Mr o Freema n Hu t t on del i vered a report on the Hous i ng
and Urban Development Act of 1 9 68 0 At t he conclusion of the report,
Mro Hutton was charged with the res ponsibility of working with Mr o
Bill Gates to compile a detailed analysis of the Act and its affect
Encl:
le
�2
on Housing Resources Committee activities.
The Legal Panel is presently working on Housing Code enforcement,
inability of certain slum dwellers to obtain building permits in nonconforming areas of the City, as well as its continued analysis of the
Ho~sing and Urban Development Act of 1968, and continued participation


tn tb,e .School Board amendment involving leasing.


Archer D. Smith, III
Chairman, Legal Panel

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  1. http://allenarchive.iac.gatech.edu/originals/ahc_CAR_015_005_009_029.pdf

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