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15-0-1122

AN ORDINANCE BY

COUNCILMEMBER C. T. MARTIN
AS SUBSTITUTED BY THE ATLANTA CITY COUNCIL
AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO RENAME
SPRING STREET, FROM WHITEHALL STREET, SW TO WEST PEACHTREE
STREET, NW, TO TED TURNER DRIVE IN HONOR OF ROBERT EDWARD
TURNER, III; TO WAIVE CERTAIN PROVISIONS OF CHAPTER 138-8 OF THE
CITY OF ATLANTA CODE OF ORDINANCES; AND FOR OTHER PURPOSES.
WHEREAS, the street currently named Spring Street is within the corporate limits of the City of
Atlanta; and
WHEREAS, the street was named after a spring that ran through property owned by Anderson
W. Walton, one of the first city council members of Atlanta and the owner of the property where
the spring was situated and was referred to as "Walton's Spring"; and
WHEREAS, the authority of the City and its governing authority to rename streets has been
tested in Goodman v. City of Atlanta, 246 Ga. 79 (1980) with respect to the renaming of Forrest
Avenue to Ralph McGill Boulevard and found to be within the authority granted to City under
its Charter; and
WHEREAS, an application has been filed with the Commissioner of the Department of Public
Works requesting that Spring Street from Whitehall Street, SW to West Peachtree Street, NW be
renamed to Ted Turner Drive in honor of the internationally famous Atlanta philanthropist and
business mogul Robert Edward Turner III (Ted Turner); and
WHEREAS, Section 138-8 of the City of Atlanta Code of Ordinances ("Code") requires that an
Application be presented to the Commissioner of the Department of Public Works or his
designee for his review and approval; and
WHEREAS, the Commissioner of the Department of Public Works or his designee did review
the application and determine that the Application sought to rename Spring Street from
Whitehall Street, SW to West Peachtree Street, NW after a living person who is older than 75
years of age, included original signatures of property owners and/or businesses approving the
renaming and which are defined by Section 138-8 as those who must consent and contained a
check which was for the $2,500.00 administrative fee; and
WHEREAS, the Commissioner or his designee has not had the opportunity to determine that
the original signatures of property owners and/or businesses approving the renaming exceed the
75% minimum approvals required by Section 138-8; and
WHEREAS, the Applicant has made every effort to contact the forty-five (45) identified
property owners on Spring Street via email, U.S. mail and telephone as required by the Code of
Ordinances to achieve the required 75% approval but have been unsuccessful based on lack of
response in getting the required amount to date from property owners, however it did include an

analysis of each of the twenty-three (23) block faces on Spring Street which matched the consent
documents to addresses and parcel identification records from the Fulton County Tax Assessor;
and

WHEREAS, the Code of Ordinances is silent as to whether a "Good Faith" effort to get the
approval of the required 75% approval as required; and

WHEREAS, the Application did confirm that diligent efforts had been made to determine the
identity of any business which was located on Spring Street; and

WHEREAS, the Application will meet the requirements of Section !38-8(h) in that it proposes
and records consents of property owners and affected businesses for the entire kngth of the street
renaming; and
WHEREAS, as required by Section 138-8(d)(l)(a)(l), the Commissioner or his designee will
provide notification of the receipt of the Application to the following City agencies by electronic
transmission of the Application to the following agencies: Atlanta Police Department; Atlanta
Fire Rescue; Office of Planning; Office of Transportation; Office of Buildings; Department of
Watershed Management; and
WHEREAS, as required by Section 138-S(d)(l)(a)(l), the Commissioner or his designee will
provide notification of the receipt of the Application to the Metropolitan Atlanta Rapid Transit
Authority (MARTA) and the State of Georgia Department of Transportation; and
WHEREAS, as required by Section 138-8(d)(l)(a)(2), the Commissioner or his designee did
provide written notice of the receipt of the Application to the affected Neighborhood Planning
Unit(s) ("NPU M and V") through letters to their Chair and Zoning Chair and to the affected
Atlanta Public School(s); and
WHEREAS, the Commissioner or his designee will cause signs to be posted on Spring Street
which will give notice of the Application; and
WHEREAS, the Urban Design Commission published an Agenda which showed that the
Application would be the subject of a Review and Comment action; and
WHEREAS, the originally scheduled Urban Design Commission meeting was rescheduled; and
WHEREAS, the written findings of the Review and Comment of the Urban Design Commission
will be provided the Commissioner regarding the street renaming proposed in the Application;
and
WHEREAS, the Commissioner or his designee has estimated the cost for producing the signage
which will replace the seventeen (17) existing Spring Street overhead signs and twenty-three
(23) Spring Street pole signs to be $7,700.00; and
WHEREAS, the Commissioner has determined that the future costs of maintaining signage is
the same for any street name such that it is unnecessary to produce more than the existing
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number of street signs, that there are no known additional signage costs and the Application
makes sufficient arrangements for the responsibility of the payment of unforeseen costs
associated with the production of the signs necessary for the street renaming based on the
agreement of the applicant to pay the costs within three days of being notified; and

WHEREAS, the narrative biography (attached) of the individual associated with the street
renaming was included with the Application and shows that Mr. Ted Turner is oflocal, national
and international reputation; and

WHEREAS, the Commissioner did make a finding that the street renaming proposed in the
Application was feasible and did so notify the Applicant; and
WHEREAS, the Applicant will provide fonds to affix Quick Response Code signs to street signs
along the renamed street to provide information on the individual honored by the renamed street
to be administered by the Department of Public Works.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ATLANTA, GEORGIA, as follows:
SECTION 1: That the Mayor or his designee is authorized to rename Spring Street, from
Whitehall Street, SW to West Peachtree Street, NW, to Ted Turner Drive and the Department of
Public Works will install the necessary signage at each corner of the intersections affected by
this name change.
SECTION 2: That Section 138-8(b)(5)(c) which requires the application be accompanied by a
list of the names and addresses and signatures of 75 percent of the residents residing or
businesses located on the street to which the street renaming applies in favor of the street
renaming and whose address will change as a result of the street renaming be waived for
purposes of this ordinance only.
SECTION 3: That Section 138-8(e) which requires all street renamings and dedications be the
subject of a regularly scheduled commission meeting be waived for purposes of this ordinance
only.
SECTION 4: That the appropriate agencies, including but not limited to the Departments of
Public Works, Atlanta Police, Fire and Rescue, Planning and Community Development, and the
Municipal Clerk are hereby directed to take such steps as required by Sec. 138-8 to have the
name changed on street signs, maps and other official documents and markers.
SECTION 5: That this ordinance becomes effective upon the Mayor's signature or as specified
by City Charter Sec. 2-403.
SECTION 6: That the Department of Public Works is authorized to affix Quick Response Code
signs and to accept the donation for the same.
SECTION 7: That any ordinances in conflict herewith are hereby waived to the extent of the
conflict.
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