Dublin Core
Title
Box 18, Folder 25, Document 44
Text Item Type Metadata
Text
KING & SPALDING
HUGHES SPALOING ROBT. &. TROUTMAN
WILLIAM K.MEADOW FURMAN SMITH
CHARLES L.GOWEN HUGHES SPALDING. JR.
JAMES M. SIBLEY CHARLES H.KIRBO TRUST COMPANY OF GEORGIA BUILDING
JOHN IZARO POPE B.MGINTIRE
KIRK M. MGALPIN KENNETH L. HEWITT
RICHARD A.OENNY, JR. HARRY C.HOWARD I A ¢
WILLIAM H. IZLAR, JR. R. BYRON ATTRIOGE AT NTA, GEORGIA 30303
BRADLEY HALE ROBERT W. HURST z
ROBERT L.STEEO ANTHA MULKEY ‘
MENRY HALL WARE II DANIEL J. O'CONNOR,YUR. 404 525-0461
HUGH PETERSON,UJR. CHARLES M. KIDO
VOHN A. WALLACE JOHN C. STATON, JR.
DAVID L.COKER FURMAN SMITH, UR. 6
VOHN 0. HOPKINS G. LEMUEL HEWES 9
A. FELTON JENKINS. JR. PHILIP F. ETHERIOGE October 3; Z 4
JACK H. WATSON, UR, R.WILLIAM IDE Il
HORACE H. SIBLEY
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 morn-
ing, I made a close check of the Georgia laws on the extra-
territorial 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
authority of a city, shall include such city and the
area within 10 miles of the territorial boundaries
thereof, but shall not include any area which lies
within the territorial boundaries of any other city
unless a resolution shall have been adopted by the
governing body of such other city declaring that
there is a need for the city housing authority to
exercise its powers within the territorial boundaries
of such other city. No city, county, regional or
consolidated authority shall operate in any area in
which an authority already established is operating
without the consent by resolution of the authority
already operating therein." (Ga. Laws 1937, pp. 210,
212, as amended)
“Mr. Malcolm D. Jones <a 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. informs 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) ‘tArea of Operation! shall mean the area within
the corporate limits of the municipality 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, includ-
ing 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.
a . - + -
Mr. Malcolm D. Jones -3- October 3, 1967
If I can be of any further help to you, please let me
know.
Sincerely,
ee
fe. ff
Y ELD Soy
Hugh Peterson, Jr”
HPJr: km
ccs: Mr. M. B, Satterfield
Executive Director
Atlanta Housing Authority
Mr. Carlton Garrett
Director of Finance
Atlanta Housing Authority
HUGHES SPALOING ROBT. &. TROUTMAN
WILLIAM K.MEADOW FURMAN SMITH
CHARLES L.GOWEN HUGHES SPALDING. JR.
JAMES M. SIBLEY CHARLES H.KIRBO TRUST COMPANY OF GEORGIA BUILDING
JOHN IZARO POPE B.MGINTIRE
KIRK M. MGALPIN KENNETH L. HEWITT
RICHARD A.OENNY, JR. HARRY C.HOWARD I A ¢
WILLIAM H. IZLAR, JR. R. BYRON ATTRIOGE AT NTA, GEORGIA 30303
BRADLEY HALE ROBERT W. HURST z
ROBERT L.STEEO ANTHA MULKEY ‘
MENRY HALL WARE II DANIEL J. O'CONNOR,YUR. 404 525-0461
HUGH PETERSON,UJR. CHARLES M. KIDO
VOHN A. WALLACE JOHN C. STATON, JR.
DAVID L.COKER FURMAN SMITH, UR. 6
VOHN 0. HOPKINS G. LEMUEL HEWES 9
A. FELTON JENKINS. JR. PHILIP F. ETHERIOGE October 3; Z 4
JACK H. WATSON, UR, R.WILLIAM IDE Il
HORACE H. SIBLEY
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 morn-
ing, I made a close check of the Georgia laws on the extra-
territorial 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
authority of a city, shall include such city and the
area within 10 miles of the territorial boundaries
thereof, but shall not include any area which lies
within the territorial boundaries of any other city
unless a resolution shall have been adopted by the
governing body of such other city declaring that
there is a need for the city housing authority to
exercise its powers within the territorial boundaries
of such other city. No city, county, regional or
consolidated authority shall operate in any area in
which an authority already established is operating
without the consent by resolution of the authority
already operating therein." (Ga. Laws 1937, pp. 210,
212, as amended)
“Mr. Malcolm D. Jones <a 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. informs 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) ‘tArea of Operation! shall mean the area within
the corporate limits of the municipality 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, includ-
ing 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.
a . - + -
Mr. Malcolm D. Jones -3- October 3, 1967
If I can be of any further help to you, please let me
know.
Sincerely,
ee
fe. ff
Y ELD Soy
Hugh Peterson, Jr”
HPJr: km
ccs: Mr. M. B, Satterfield
Executive Director
Atlanta Housing Authority
Mr. Carlton Garrett
Director of Finance
Atlanta Housing Authority
Comments