City of Atlanta
Georgia

Resolution
19-R-3011
Adopted Substitute
Feb 18, 2019 1:00 PM

****A RESOLUTION BY COUNCILMEMBER J.P. MATZIGKEIT AS SUBSTITUTED BY CITY UTILITIES COMMITTEE
AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE BY THE CITY OF ATLANTA OF EQUIPMENT SCHEDULE NUMBER 4 TO THE MASTER LEASE AGREEMENT, DATED AS OF JUNE 15, 2018, WITH FIRST MUNICIPAL CREDIT COMPANY, LLC FOR THE ACQUISITION OF VEHICLES AND HEAVY EQUIPMENT, ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS, IN A PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION SIX HUNDRED SIXTY TWO THOUSAND SIXTY SEVEN DOLLARS AND SEVENTY-FIVE CENTS ($11,662,067.75); ALL CONTRACTED WORK WILL BE CHARGED TO AND PAID FROM THE FUND DEPARTMENT AND ORGANIZATION NUMBER LISTED; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 8 J. P. Matzigkeit
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 11 First Municipal Credit Co., LLC
  3. First Municipal Equipment Schedule (Exhibit A) (This file has not yet been converted to a viewable format)

Item Discussion

(Favorable on Substitute by City Utilities Committee 2/12/19)

 

 

Body

              WHEREAS, the City of Atlanta (the “City”), a municipal corporation of the State of Georgia (the “State”), is authorized by Official Code of Georgia Annotated Section 36-60-13 (the “Multiyear Lease Statute”) to enter into multiyear purchase contracts for the acquisition of goods, materials, real and personal property, services and supplies; and

 

              WHEREAS, pursuant to Resolution No. 17-R-4371 adopted by the Atlanta City Council on October 2, 2017 and approved by operation of law on October 11, 2017, the City authorized Cooperative Purchasing Agreement Number COA-10031-WS with First Municipal Credit Company, LLC (the “Bank”) to provide financing pursuant to a master lease agreement for the acquisition of equipment and vehicles on behalf of various Departments of the City; and

 

              WHEREAS, in connection with the Department of Public Works’ Solid Waste Services Vehicle and Heavy Equipment Replacement Program, the Department needs to acquire certain vehicles and heavy equipment required for the collection and disposal of municipal solid waste; and

 

              WHEREAS, the City has previously entered into that certain Master Lease Agreement dated as of June 15, 2018 (the “Master Lease Agreement”), with the Bank; and

 

              WHEREAS, in order to finance the acquisition of vehicles and heavy equipment for the Department of Public Works, the City proposes to enter into Equipment Schedule No. 4  to the Master Lease Agreement (the “Equipment Schedule” and, together with the Master Lease Agreement, the “Lease Agreement”), with the Bank, forms of which have been presented at this meeting; and

 

              WHEREAS, the Commissioner of the Department of Public Works has determined that it is in the City’s best interest to finance such vehicles and heavy equipment by entering into the Equipment Schedules for a term not to exceed six (6) years, in a principal amount not to exceed Eleven Million Six Hundred Sixty Two Thousand Sixty-Seven Dollars and Seventy-Five Cents ($11,662,067.75),  and an annual interest rate not to exceed 3.520%; and

              WHEREAS, the City has determined that the principal portion of the Equipment Schedules, together with all other multiyear lease purchase contracts, when added to the amount of debt incurred pursuant to Article IX, Section V, Paragraph I of the 1983 Constitution of the State of Georgia does not exceed 10% of the value of all taxable property within the City; and

 

              WHEREAS, none of the equipment being financed by the Equipment Schedules has been the subject of a referendum which failed to receive the approval of the qualified voters of the City;

 

              NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, that the execution, delivery and performance by the City of the Equipment Schedule, together with certain addenda, schedules, exhibits, attachments and supplements thereto, in the form attached hereto as Exhibit A, with such changes as the Mayor or Chief Financial Officer may approve, is hereby authorized and approved to finance the acquisition of vehicles and equipment for the Department of Public Works.  The Equipment Schedule shall be executed on behalf of the City by the Mayor or her designee and attested by the Municipal Clerk of the City.

 

              BE IT FURTHER RESOLVED, that the Equipment Schedule shall have a term not to exceed six (6) years, a principal amount not to exceed Eleven Million Six Hundred Sixty Two Thousand Sixty-Seven Dollars and Seventy-Five Cents ($11,662,067.75), and bear interest at a rate of not to exceed 3.520%.

 

              BE IT FURTHER RESOLVED, that all contracted work will be charged to and paid from the Fund Department and Organization Number Fund 5402 Solid Waste Renewal & Extension Fund, Department 130501 DPW Solid Waste Administration, Account 5812005 Lease/Purchase - Equipment, Function/Activity 4510000 Solid Waste Administration.             

 

              BE IT FURTHER RESOLVED, that said Equipment Schedule, together with certain addenda, schedules, exhibits, attachments and supplements thereto, will not become binding upon the City, and the City will incur no obligation or liability thereunder  until such agreements and documents are approved by the City Attorney or her designee as to form, executed by the Mayor or her designee, attested to by the Municipal Clerk, and delivered to the Bank.

 

              BE IT FURTHER RESOLVED, that the Mayor and other appropriate officials of the City are hereby authorized to certify any documents and execute any receipts, certificates, instruments, documents or other closing papers necessary to affect the purposes of this Resolution.

 

              BE IT FURTHER RESOLVED, that any act consistent with the authority of this Resolution and taken prior to the effective date of this Resolution is hereby ratified and confirmed.

 

              BE IT FURTHER RESOLVED, that in case any one or more of the provisions of this Resolution shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provisions hereof unless expressly so held, but this Resolution shall be construed and enforced as if such illegal or invalid provisions had not been contained herein, and this Resolution shall be construed to adopt, but not to enlarge upon, all applicable provisions of Georgia law, and, if any provisions hereof conflict with any applicable provision of such law, the latter as adopted by the legislature and as interpreted by the courts of this State shall prevail and shall be substituted for any provision hereof in conflict or not in harmony therewith.

 

              BE IT FURTHER RESOLVED, that any and all resolutions or parts of resolutions in conflict with this Resolution shall be and the same hereby are repealed.

 

              BE IT FINALLY RESOLVED, that this Resolution shall be in full force and effect immediately upon its adoption.

 

 


Exhibit A

Equipment Schedule No. 4

 

Meeting History

Jan 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE AND FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jan 15, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

(This legislation is a dual referred item and will be forwarded to Finance/Executive Committee pending a City Utilities Committee recommendation.) (Held 1/15/2019 at the request of the department.)

Rita Braswell, DPW

RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:J. P. Matzigkeit, Chair
SECONDER:Dustin Hillis, Councilmember, District 9
AYES:J. P. Matzigkeit, Michael Julian Bond, Joyce M Sheperd, Howard Shook, Carla Smith, Dustin Hillis
ABSENT:Cleta Winslow
Jan 16, 2019 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 22, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: MATZIGKEIT, SHOOK, SMITH, HILLIS, SHEPERD & BOND

RESULT:RETURNED AS HELD
Jan 30, 2019 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
Feb 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

Interim Commissioner James Jackson DPW

REFERRED TO FINANCE/EXECUTIVE COMMITTEE

RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Carla Smith, District 1
SECONDER:Howard Shook, District 7
AYES:J. P. Matzigkeit, Joyce M Sheperd, Howard Shook, Carla Smith, Cleta Winslow, Dustin Hillis
ABSENT:Michael Julian Bond
Feb 13, 2019 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft

James Jackson, DPW Interim Commissioner

RESULT:FAVORABLE ON SUBSTITUTE [6 TO 0]
MOVER:Matt Westmoreland, Post 2 At Large
SECONDER:Andrea L. Boone, District 10
AYES:Howard Shook, Natalyn Mosby Archibong, Andrea L. Boone, Andre Dickens, Jennifer N. Ide, Matt Westmoreland
AWAY:J. P. Matzigkeit
Feb 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS ;0 NAYS

Note: Councilmember Shook made a Motion to send Ordinance 19-O-1002 & Resolution 19-R-3011 to the Mayor's Office Post Haste with the implied request that the Mayor take immediate action regarding the items. It was Seconded by Councilmember Westmoreland and CARRIED by a roll call vote of 12 yeas; 0 nays

RESULT:ADOPTED SUBSTITUTE [12 TO 0]
MOVER:Howard Shook, Councilmember, District 7
SECONDER:Andre Dickens, Councilmember, Post 3 At Large
AYES:Matt Westmoreland, Andre Dickens, Carla Smith, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
ABSENT:Amir R Farokhi
AWAY:Michael Julian Bond