Last night, Mayor Shirley Franklin began her press conference on vetoed legislation by quoting Atlanta's favorite son, Rev. Dr. Martin Luther King, Jr., "To be honest is to confront the truth. However unpleasant and inconvenient the truth may be, I believe we must expose and face it if we are to achieve a better quality of American Life." Franklin continued by presenting one of the most difficult decisions during her mayoral career - to veto the 3 pieces of legislation related to the water-sewer rate increase passed by the City Council which modified the financing for Mayor's Clean Water Atlanta plan to rebuild Atlanta's aging and decrepit water and sewer system to meet federal consent decrees, consent orders and other federal requirements.
Mayor Franklin vetoed Ordinance # 03-O-1713, which proposed to increase the rates to upgrade the water and sewer system; Ordinance # 03-O-2145 to cut $25 million from the operating Budget of the Department of Watershed Management; and Ordinance # 03-O-1967 to provide a senior citizen discount.
1. TEXT OF LETTER VETOING ORDINANCE # 03-O-1713 - RATE INCREASE
December 9, 2003
Council President Cathy Woolard
Members of the Atlanta City Council
City Hall 2nd Floor Suite 2900
55 Trinity Avenue, SW
Atlanta, Georgia 30335
Dear President Woolard and Members of Council:
I hereby return with my veto, Ordinance # 03-O-1713
On December 1, 2003 the Atlanta City Council adopted
Ordinance # 03-O-1713 that proposes to increase the rates for the City of Atlanta ratepayers to upgrade the water and sewer system and to create a surcharge to pay for the cost of providing security services.
The City of Atlanta has a legal and moral obligation to provide clean drinking water and safe wastewater for its citizens and all users and for those who live near the rivers and streams in Georgia. Our City charter mandates that we protect the public health and welfare. We also have entered into two Consent Decrees with the Environmental Protection Agency (EPA) and executed two Consent Orders from the Environmental Protection Division (EPD) whose conditions must be met. Federal and State regulation require the City must continue to operate the drinking water and wastewater systems under their guidelines. The effects of the water and sewer rate passed by the City Council means the City will not be able to adequately fund the management, operation and maintenance systems as required under the Consent Decrees and by our legal obligations.
On May 18, 1998 the Atlanta City Council adopted Ordinance # 98-O-0902 that authorized the Mayor to enter into a Consent Decree with the U.S. Department of Justice, the State of Georgia, and Citizen Plaintiffs to resolve claims relevant to the Clean Water Act and the Georgia Water Quality Control Act as raised in the Upper Chattahoochee Riverkeeper Fund, Inc., et al. Versus City of Atlanta, U.S. District Court Civil
Action File # 1:95-CZ-2550-TWT. This Ordinance was vetoed by the Mayor on May 26, 1998 and overridden by the City Council on June 1, 1998. Consequently, the City of Atlanta is compelled to implement the scope of the Consent Decree as dictated by adopted City policy from 1998 and 1999. Similarly the City executed in 1997 and 2003 Water Consent Orders from EPD. To clarify this, the City is required to perform certain work under the Consent Decrees and Consent Orders and to achieve compliance with federal and state laws in its day to day operations.
In January 2002, I took an oath of office to be “governed by the public good and interests of the city” and to uphold federal, state and local laws. I have taken a firm stance in support of open, honest and good government. Approval of this ordinance would violate the oath I took to serve the City of Atlanta and its citizens.
The buck stops with me as Mayor. I understand the importance of operating with fiscal responsibility and restraint, and I have consistently acted in this fashion while increasing transparency and effective government operations. Accordingly, since 2002, my administration with City Council approval, has implemented cost cutting measures totaling $165 million, significantly reduced personnel and secured record levels of pro bono professional services, all the while instituting conservative financial controls and improving financial management. Shortly after I took office in 2002, I acted swiftly to close an $82 million budget gap and to recover from a negative cash reserve in the general fund of $7 million. I have worked to reduce the Program Management Team (PMT) budget (approved by the previous Mayor and City Council) by nearly $10 million from the 2001 budget adopted by City Council.
A Department of Watershed Management (DWM) was created that would allow this Administration to provide improved services to our water and sewer customers. We dismantled the unacceptable relationship with United Water and returned these functions to the City. Once again this action was reviewed, debated and ultimately adopted by the Atlanta City Council.
On numerous occasions I have sought and requested support from the Federal government, the State of Georgia and Fulton County. I have made several visits to Washington, DC to work the halls of Congress and I have met with numerous federal legislators here in Atlanta. I have consciously sought out and met with many state legislators. Not all aspects of our message have fallen on deaf ears. As a matter of fact, during the waning hours of the 2002 and 2003 sessions of the Georgia General Assembly, our efforts, in coordination with those of our local delegation, bore fruit.
The General Assembly voted to allow the Fulton/DeKalb County Commissions the opportunity to place on the ballot for referendum, a Special Purpose Local Option Sales
Tax (S.P.L.O.S.T.) specifically to fund Atlanta water and sewer system improvements. Much of our legislative support has come from our downstream neighbors. City Council and I have made official requests for the Fulton County Commission to consider placing this referendum on the ballot in 2003 or 2004 and I remain optimistic our request will ultimately be granted.
On December 1, 2003 the City Council adopted an amendment to incorporate a 6 ccf discount rate plan that would further reduce the DWM operating budget by deleting an estimated $25 million for fiscal year 2004. This revenue loss compounds negatively to $88 million by year 2008. This action would have a devastating effect on the ability of the City to provide mandated services and to operate the system as required by law. This action, if approved, would be tantamount to throwing the baby out with the bath water. The City of Atlanta must operate within the regulations and guidelines of the Clean Water Act, the Safe Drinking Water Act and the Homeland Security Act. As Chief Executive Officer for the City of Atlanta I would be derelict in my duty and irresponsible if I approved such a reduction in the 2004 operating budget. The downside for immediately implementing this legislation is too steep and we simply cannot risk a substantial reduction in the delivery of services to our customers and non-compliance with Court Orders.
As elected officials we are all in this boat together. We have worked well to restore financial stability and controls to the general operations of the City and launched our clean water plan, along with re-starting the Hartsfield-Jackson Atlanta International Airport capitol program. Our success has been based on a careful analysis and debate of best practices, addressing each issue on its merits. I believe the future success of the City depends on a continuation of this approach.
Finally, the water and sewer rate program adopted by the City Council does not allow us to demonstrate to investors that we will have a solid five-year financial plan or revenue stream to cover our current and future bond obligations. Declining debt coverage is just the tip of the iceberg when it comes to the devastation that lies ahead for our water and sewer system under this adopted rate. Quite simply, this rate structure does not work.
While I would like to have a positive response to this proposal, the facts just do not support the theory that the adopted rate structure can occur without dire consequences.
Based on the rationale as outlined in this letter, I urge you to sustain my veto of
Ordinance #03-O-1713.
Sincerely,
Shirley Franklin
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2. TEXT OF LETTER VETOING ORDINANCE # 03-O-2145 - WATERSHED BUDGET CUTS
December 9, 2003
Council President Cathy Woolard
Members of the Atlanta City Council
City Hall 2nd Floor Suite 2900
55 Trinity Avenue, SW
Atlanta, Georgia 30335
Dear President Woolard and Members of Council:
I hereby return with my veto, Ordinance #03-O-2145.
On December 1, 2003, the Atlanta City Council adopted Ordinance #03-O-2145, which includes an amendment to the Water and Wastewater Revenue Fund Tentative Budget. The amendment proposes to cut $25 million from the operational expenses of the Department of Watershed Management and to reduce the fund by the same amount.
The City of Atlanta has a legal and moral obligation to provide clean drinking water and safe wastewater for its citizens and all users and for those who live near the rivers and streams in Georgia. Our city charter mandates that we protect the public health and welfare. We also have entered into two Consent Decrees with the EPA and received Consent Orders from EPD whose conditions must be met. In addition, the City must continue to operate the drinking water system under federal and state law and guidelines. The effects of this budget reduction include the fact that the City will not be able to adequately fund the required management, operation and maintenance systems as required under the Consent Decrees and by our legal obligations.
The buck stops with me as Mayor. I understand the importance of operating with fiscal responsibility and restraint, and I have consistently acted in this fashion while increasing transparency and effective government operations. Accordingly, since 2002, my administration with City Council approval, has implemented cost cutting measures totaling $165 million, significantly reduced personnel and secured record levels of pro bono professional services, all the while instituting conservative financial controls and improving financial management. Shortly after I took office in 2002, I acted swiftly to close an $82 million budget gap and to recover from a negative cash reserve in the general fund of $7 million in early 2002. Since 2002, I have worked to reduce the Program Management Team budget within the Department of Watershed Management (approved by the previous Mayor and City Council).
The proposed cuts to the operations of the Watershed Department would not be evidence of fiscal prudence or adherence to the City’s obligations under federal and state law. The City of Atlanta must operate within the regulations and guidelines of the Clean Water Act, the Safe Drinking Water Act and the Homeland Security Act. The proposed cuts would be cuts to essential services for the citizens of Atlanta.
Amending the tentative budget for the Watershed Department by cutting $25 million fails to recognize the critical issues facing the City in 2004. The consequences of adopting the proposed cuts in the Watershed Budget are grave, and I cannot in good conscience support this action. We must provide the quality of service expected by our citizens and mandated by our responsibility for the public health, and it is too late to retreat from our promises.
Based on the rationale as outlined in this letter, I urge you to sustain my veto of Ordinance #03-O-2145.
Sincerely,
Shirley Franklin
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3. TEXT OF LETTER VETOING ORDINANCE # 03-O-1967 - SENIOR DISCOUNT
December 9, 2003
Council President Cathy Woolard
Members of the Atlanta City Council
City Hall 2nd Floor Suite 2900
55 Trinity Avenue, SW
Atlanta, Georgia 30335
Dear President Woolard and Members of Council:
I hereby return with my veto, Ordinance # 03-O-1967.
It is with sincere regret that I must veto Ordinance #03-O-1967, adopted by the Atlanta City Council on December 1, 2003. Ordinance #03-O-1967 proposes to authorize the City to waive thirty percent (30%) of the City of Atlanta Water and Sewer rates for taxpayers age sixty-five and over whose annual household income does not exceed twenty-five thousand ($25,000) dollars. The Law Department has advised the City that Ordinance #03-O-1967, as adopted, is unconstitutional.
I am painfully aware of the impact of the proposed water sewer rates on the senior citizens who built Atlanta. Through their sacrifice, we enjoy a vibrant, livable city that is facing tough economic times due to delayed action on our infrastructure. I will continue to work towards easing the burden of higher rates on senior citizens. Our system is crumbling and requires immediate improvements to comply with federal and state Consent Decrees and Consent Orders. Without these improvements, we risk being in violation of our consent decrees, bringing future economic development and job creation to a halt, and permanently damaging our public health and quality of life. For these reasons, I have proposed rate increases with a conservation lifeline rate of 3 ccf (2,500 gallons) per month to upgrade our infrastructure.
In January 2002, I took an oath of office to be “governed by the public good and interests of the city” and to uphold federal, state and local laws. I have always taken a firm stance in support of open, honest and good government. Approval of this ordinance would violate the oath I took to serve the City of Atlanta and its citizens.
I am advised that the ordinance would be in direct conflict with the Georgia Constitution, which prohibits gratuities. Therefore, it is the opinion of the Law Department that it would be unlawful.
As Mayor, I have vigorously supported other options the City can employ, such as the conservation lifeline rate and the Care and Conserve Fund, options that will provide some financial relief to all customers, especially the senior citizens who have contributed to this City’s success.
Based on the rationale as outlined in this letter, I urge you to sustain my veto of Ordinance #03-O-1967.
Sincerely,
Shirley Franklin