Chattanooga Times Free Press

Georgia Gov. Kemp questions letting Buckhead neighborho­od leave Atlanta

- BY JEFF AMY

ATLANTA — Georgia senators could vote Thursday on two bills allowing the upscale Buckhead neighborho­od to secede from the city of Atlanta, even as Gov. Brian Kemp cast doubt on the effort, making clear it faces an uphill political battle.

The Senate Rules Committee voted Wednesday to set the bills for debate Thursday, after Kemp’s chief lawyer sent a memo to lawmakers Tuesday questionin­g many of the provisions of the controvers­ial plan to transform Atlanta’s whitest and most affluent area into Buckhead City. A Senate committee passed the bills on Monday, the first time such legislatio­n has advanced out of committee in the Georgia General Assembly.

Executive Counsel

David Dove questioned whether proposals to assign a portion of Atlanta’s bond debt to the new city would be legal and suggested that secessions could leave Atlanta and other cities unable to pay their debts. Dove said the plan could wreck the ability of Georgia cities to borrow money.

“Have proponents of Senate Bills 113 and 114 considered what greater impacts this precedent may have on municipal bond ratings, underwriti­ng considerat­ions, the further de-annexation and incorporat­ion of cities, and the possible widespread default that could occur?” Dove wrote

He also challenged the legality of the plans of Buckhead City proponents to collect taxes for the Atlanta city school system and continue enrolling students in it even after leaving Atlanta.

“How is this action constituti­onal given (1) Buckhead would lie outside the jurisdicti­onal limits of Atlanta, (2) no referendum is proposed for residents to ratify such taxation, and (3) the Georgia Constituti­on fails to give any power to cities and counties to engage in the education of their residents outside of independen­t school districts?” Dove wrote.

Supporters of the secession say Atlanta isn’t doing enough to control crime and that Buckhead residents aren’t getting their tax money’s worth from municipal services. If they succeed, residents would vote on forming a new city in a referendum.

“Those are voter rights bills,” Sen. Randy Robertson, a Cataula Republican sponsoring the bills, told the Rules Committee Wednesday. He argues residents’ concerns are being ignored.

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