ATLANTA TRANSIT (Marta, Beltline, Peachtree Streetcar, LovJoy Commuter, etc...)

[NativeAtlantan]

Originally Posted by Andrea

Collier Hils is a one of the most mature, well settled and meticulously maintained neighborhoods in Atlanta. The people who live there have made very substantial investments in their community and have fought hard to create a high quality of life.

I grew up in Collier Hills and now own my own home there and it's nice to see someone write such kind words about my neighborhood.

Thanks, Andrea!

Sorry I am just now joining this conversation but I just saw it.

Regarding the ABI decision (actually, the final decision was so heated that it was pushed up to Mayor Franklin's special sub-cabinet), I must say that this is definitely not NIMBYism. If so, the fight would be to keep the PATH out entirely. Only a small minority of the neighborhood are in favor of that. Most people are in support of the PATH, they just want to preserve the vast space of the meadow. Every indication was given that PATH and ABI were open to this new, and REALLY cool, idea to build a diagonal bridge across the creek to the West side. In the end, they completely discarded that idea. This is why the neighborhood is so upset.

My personal opinion is that this is not over. I would think that maybe the Beltline and PATH would consider allowing the neighborhood foot the additional funds to do this the "right" way so maybe it's just the first round of jockeying for dollars. Who knows?

The funny thing is, this is the stretch of the Beltline that will be the hardest to implement, given that it's VERY heavily used by CSX and they have no intentions of turning it over to the city. I think this is just the tip of the iceberg and I see eminent domain coming into play here. The Beltline never seems to provide any clues as to how they plan to obtain this right of way. I am sure CSX has a team of lawyers queued up to defend their turf but in the end I don't think they have a chance. This would be about the most perfect case study in eminent domain as there possibly could be.

Anyone who knows more about the legalities of all this, please chime in as I am VERY interested in how this will all unfold. My house is literally 40 paces from steel rail (my property butts up against the rail right-of-way).

[smArTaLlone]

By PAUL DONSKY
The Atlanta Journal-Constitution

Published on: 02/11/08

Beltline project, a potentially major blow to the effort to build a loop of transit, trails and parks around the city's core.

The unanimous decision is a victory for Buckhead lawyer John Woodham, who in 2006 filed a lawsuit claiming the Beltline's funding mechanism was illegal. He argued that the state constitution explicitly forbade school taxes from being used for non-educational purposes.

rulings, including a 1994 decision which held that DeKalb County school tax revenue couldn't be used to pay for a nearby road project.

So, the court ruled, "it follows that school taxes cannot be used to fund the Beltline Plan which provides a benefit to all citizens, and which has little, if any, nexus to the actual operation of public schools in the city of Atlanta."

More than $850 million in future school property taxes are projected to be spent on the Beltline during the next 25 years.

Lawyers for the city have argued the Beltline funding mechanism is legal, citing a different part of the state constitution that allows for the creation of tax allocation districts like the one funding the Beltline.

A Fulton County judge dismissed the case last February, but Woodham appealed to the state Supreme Court.

The case could have far-reaching implications.

Statewide, more than two dozen tax allocation districts, or TADs, similar to the Beltline's already are in place, including one that helped create Atlantic Station in Midtown.

TAD's allow future increases in school tax revenue that are generated by improvements to be used on projects within the district.

[RobMidtowner]

^What affect will this have on all TADs?

[DLo13]

Tell me that the Beltine leadership had the foresight to have alternative funding sources in place...

[Fiorenza]

A setback for the Beltline but a victory for government transparency.

[WSUSOM]

Georgia as a whole will never reach it's potential because there are to many small thinking people who live within the state. I hope this Woodham guy enjoys all the grid lock in Buckhead. People like him stopped the expansion of MARTA 20 years ago. Think how great of a transit city we would be with the original foot print.

[sunking1056]

This is really disappointing. I hope their alternative options that will allow the Beltline to continue at even a remotely quick pace. It's just a shame that people can't see the big picture sometimes.

[joey]

Is there anything in the Georgia Constitution that bars a locality from just line-iteming a TAD-style property tax, rather than having it lumped into the schools line? Would it require new enabling legislation?

[Curious Atlantan]

Originally Posted by Fiorenza

A setback for the Beltline but a victory for government transparency.

This is an outrage and a shame, the fact that so much federal and state money is poured in the suburbs and rural areas (hundreds of millions of dollars for interstate interchanges and suburban infrastructure: I saw fancy streetlights on a bridge over 85 in the northern suburbs) and Atlanta's city center has to beg for money and come up with these sneaky schemes to fund its public transit and improve its crumbling infrastructure. It is shocking how bad the resources are misallocated in this state.

[Fiorenza]

I'm sure there's a way to do it without using school funds. As Joey pointed out, perhaps this mess of an Atlanta government just needs to re-engineer the city budget line items in a manner that lets the public clearly understand and participate in decisions about how their tax money is being spent.

[Andrea]

Originally Posted by joey

Is there anything in the Georgia Constitution that bars a locality from just line-iteming a TAD-style property tax, rather than having it lumped into the schools line? Would it require new enabling legislation?

I don't think so, Joey. I believe this was mainly about whether it's appropriate to use school taxes for non-educational purposes. The state constitution says you can't do that, and in the past the state Supreme Court has said that means exactly what it says.

[joey]

Originally Posted by Andrea

I don't think so, Joey. I believe this was mainly about whether it's appropriate to use school taxes for non-educational purposes. The state constitution says you can't do that, and in the past the state Supreme Court has said that means exactly what it says.

Right, but there's some reason that it was arranged the way it was. It's not directly logical to use a future expected increase in a school-tax line item to fund non-school improvements in the short term, so I'm assuming it was set up that way for some other reason, perhaps for want of enabling legislation for an alternative.

I don't know. I'm sure they'll figure out a way to keep the TADs going.

[megalopolis]

We have learned that the Georgia Supreme Court has reversed the Fulton County Superior Court’s January 2007 ruling validating the BeltLine TAD bonds. The Supreme Court specifically held that funding plans like the BeltLine’s violate the Educational Purpose Clause of the State constitution – in effect preventing the inclusion of school district tax increment for these types of projects.

We are disappointed in this ruling, but we remain focused on the BeltLine vision. And we will continue working without interruption with our staffs and public and private partners toward its fulfillment using alternative funding sources – as we have for the last 16 months.

Our work over that time has built important momentum and revealed the broad political, civic and business will behind the BeltLine – not as merely an amenity for Atlanta but, rather, as an integrated solution to some of the City’s and region’s most pressing needs.

Neither those needs nor that will is diminished by this legal decision.
The BeltLine Team now faces questions about precisely how the BeltLine will proceed – considering, as we will in the coming days and weeks ahead, our legal, political and financial options. Meanwhile, communities with pending TAD programs across the State will undoubtedly be evaluating how they will implement their priority projects, as well.

As stewards of the BeltLine vision and support, we will update you again soon.

Sincerely,

Terri Y. Montague
President & CEO
Atlanta BeltLine, Inc.
404-614-8322

Valarie Wilson
Executive Director
BeltLine Partnership
404-446-4406

[jcmjjc]

Originally Posted by Fiorenza

I'm sure there's a way to do it without using school funds. As Joey pointed out, perhaps this mess of an Atlanta government just needs to re-engineer the city budget line items in a manner that lets the public clearly understand and participate in decisions about how their tax money is being spent.

Perhaps this mess of an Atlanta government needs to be replaced from top to bottom as well as the Georgia State Transportation Board and the GDOT's Office of the Commisioner.


Bring on Clark Howard!

[whoDean]

The Beltline Project will have to find another source for the $800million shortfall.

[CityFan]

It can take years before they land on that much money. It's more than a lotto jackpot.

[Terminus]

Originally Posted by whoDean

The Beltline Project will have to find another source for the $800million shortfall.

That, or also consider a less expensive program.

[smArTaLlone]

By PAUL DONSKY

The station, essentially MARTA's front door, is due for a big-time cleaning, says Beverly Scott, MARTA's new general manager.

Five Points is "the heart of our system, this is our house," said Scott. "We're going to make Five Points [a place] where people always, always feel comfortable, that they know we are honored that they are our guests."

The overhaul has already begun. New lighting is being installed and some areas have been power washed.

The most notable upgrade so far: MARTA landscapers have installed planters all over the main concourse, providing a dash of much-needed greenery to the gray, austere space.

Expect similar spiffing-up to take place at all of MARTA's other rail stations as part of a systemwide clean-up effort.

The Atlanta Journal-Constitution

[Fiorenza]

That's a good plan, and not really an expensive one.

[Dragonheart8588]

Originally Posted by smArTaLlone

By PAUL DONSKY

The station, essentially MARTA's front door, is due for a big-time cleaning, says Beverly Scott, MARTA's new general manager.

Five Points is "the heart of our system, this is our house," said Scott. "We're going to make Five Points [a place] where people always, always feel comfortable, that they know we are honored that they are our guests."

The overhaul has already begun. New lighting is being installed and some areas have been power washed.

The most notable upgrade so far: MARTA landscapers have installed planters all over the main concourse, providing a dash of much-needed greenery to the gray, austere space.

Expect similar spiffing-up to take place at all of MARTA's other rail stations as part of a systemwide clean-up effort.

The Atlanta Journal-Constitution

I must say that I like the new manager so far. I have noticed the better lighting in Five Points in the last couple months.