Hunton & Williams' Selby advises on BeltLine $120M bond sale

Posted on June 3, 2008 14:36 by Andy Peters

After a long losing streak, the City of Atlanta’s BeltLine project got its second-straight dose of good news last week when Fulton County Superior Court Judge John J. Goger approved the city’s $120 million bond sale.beltline 2

Hunton & Williams partner Douglass P. Selby is co-bond counsel to the city. The BeltLine is a proposed network of new parks, trolleys and bike paths encircling the city. It would be built on land that is now mostly abandoned railroad corridors.

The bond validation came a few weeks after the Georgia Legislature agreed to a ballot referendum this fall on whether to allow school boards to participate in certain bond sales. The Supreme Court of Georgia had struck down an earlier BeltLine bond sale, calling it unconstitutional because most of the money would go to the BeltLine, not schools. The BeltLine was one of several so-called tax-allocation district (TAD) financing projects affected by the ruling.

After the ruling, the city of Atlanta scrambled to compile a scaled-down package in which bonds would be backed only by City of Atlanta and Fulton County taxes, Selby said. Without the backing of Atlanta Public Schools taxes, the bond package was reduced to $120 million from $200 million.

beltline 3 If this fall’s ballot referendum is successful, the city of Atlanta plans to pursue additional bond sales which will be backed by school taxes, Selby said. With school board participation, the size of future BeltLine bond sales would increase dramatically. In Atlanta, as in most Georgia communities, up to half of all property taxes are levied by school districts.

However, the city has an additional hurdle to cross, even if the referendum is successful. The Legislature reserved the right to make changes to the underlying law, the Redevelopment Powers Law, if voters approve the referendum.

“It’s likely the Legislature would adopt some sort of enabling act to implement the powers that the voters approve,” Selby said.

The $120 million bond sale, slated for this fall, is the first of what’s expected to be multiple tranches, Selby said. The first series will be used to acquire land for parks, transit rights-of-way and other matters. The city has estimated the total cost to build the BeltLine could reach $1.7 billion over 25 years.

Howell & Associates attorney George L. Howell is also co-bond counsel to the city. Murray Barnes Finister partner Teresa P. Finister is counsel to Wachovia, the lead underwriters. The City of Atlanta attorney is Elizabeth B. Chandler.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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