§ 114-91. Findings.

The board makes the following findings of fact with respect to the adoption and codification of this article V of chapter 114 of the Official Code of Cobb County, Georgia:

(1)

Article IX, Section II, Paragraph III of the Georgia Constitution ("Supplemental Powers Clause") and applicable state law authorize the county to provide certain specified local government services to county residents.

(2)

Article IX, Section II, Paragraph VI of the Georgia Constitution ("Special Districts Clause") authorizes the board on behalf of the county to create special districts for the provision of local government services within such districts and to levy and collect fees, assessments and taxes therein to pay, wholly or partially, the cost of providing such services and to construct and maintain facilities therefor.

(3)

The county, the Cobb-Marietta Coliseum and Exhibit Hall Authority (the "authority", and collectively with the county, or each respectively, or either, as applicable in the context, the "county parties"), a public corporation duly created and existing pursuant to the laws of the state, and particularly pursuant to the provisions of an Act of the General Assembly of the state approved on March 26, 1980 (Ga. Laws 1980, p. 4091), as amended from time to time (as so amended, the "authority's Act"), and the Atlanta National League Baseball Club, Inc. (the "Braves"), a corporation duly created and existing pursuant to the laws of the State of Georgia and the owner and operator of the Atlanta Braves, a Major League Baseball franchise, collectively entered into a Memorandum of Understanding, dated November 26, 2013, outlining certain material terms of the parties' agreements regarding the development, design, financing, construction and operation in the county of (1) a multi-purpose recreation, sports and public entertainment stadium and coliseum facility of the type contemplated by the authority's Act to be owned by the county parties (the "coliseum") and certain parking facilities or parking areas to be owned by the county parties (the "CP parking", and collectively with the Coliseum, the "coliseum project") for use by the county and the Braves, and (2) a mixed-use retail and entertainment development and privately owned parking to be developed in the county in proximity to the coliseum project by the Braves or its affiliate or other assignee (the "commercial development" and collectively with the coliseum project, the "coliseum area development").

(4)

The coliseum project will provide significant impetus for the commercial development, and together the coliseum area development, will stimulate additional economic development and recreational and sports tourism in the hereinafter designated Cumberland area in the southeastern quadrant of the county, which designated area will include the proposed sites of the coliseum project and the commercial development.

(5)

The designated Cumberland area will derive substantial benefit from the coliseum area development through increased tourism, trade, commerce, industry, recreational and public entertainment opportunities.

(6)

The coliseum area development will necessitate the provision or enhancement of certain local government services and facilities therefor within the designated Cumberland area to accommodate and support this beneficial economic impact.

(7)

The board will be able to provide the needed local government services and facilities therefor to the designated Cumberland area most effectively through the existence of a special services district to be named the "Cumberland Special Services District No. I" (the "district").

(8)

Hotels within the district and the owners thereof will benefit significantly from the coliseum area development, the economic stimulus for additional development provided thereby, the increased tourism in the district due to the coliseum area development and the coliseum project in particular, as well as the local government services and facilities therefor to be provided, supplemented or enhanced within the district.

(9)

The assessment of a recreational and sports tourism fee on the per night charges of hotels within the district to pay, wholly or partially, the cost of providing local government services within the district and to construct and maintain facilities therefor is warranted based on the foregoing findings.

(Amd. of 2-25-14)