City of Atlanta
Georgia

Resolution
19-R-4326
Adopted as Amended
Aug 19, 2019 1:00 PM

A RESOLUTION BY COUNCIL MEMBER JOYCE M. SHEPERD AS AMENDED BY COMMUNITY DEVELOPMENT AND HUMAN SERVICES COMMITTEE AUTHORIZING THE MAYOR OR HER DESIGNEE, TO ENTER INTO AN AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT, (IGA), BETWEEN THE CITY OF ATLANTA AND THE MCPHERSON IMPLEMENTING LOCAL REDEVELOPMENT AUTHORITY, (MILRA), TO PROVIDE REDEVELOPMENT SERVICES; TO ADD FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($1,300,000.00), TO BE CHARGED TO AND PAID FROM FUND DEPARTMENT ORGANIZATION AND ACCOUNT NUMBER LISTED; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 12 Joyce M Sheperd
Category:Personal PaperFunctions:None Required

Body

WHEREAS, the McPherson Implementing Local Redevelopment Authority ("MILRA") has been duly created and is existing under and by virtue of the Constitution and laws of the State of Georgia (the "State"), in particular the McPherson Implementing Local Redevelopment Authority Act enacted by the General Assembly of Georgia and signed by the Governor of the State (the "Act"), and is now existing and operating as a public body corporate and politic and subdivision of the State; and

 

WHEREAS, MILRA operates the former Fort McPherson military installation and is charged with the continuous redevelopment and maintenance of the facility which rest inside the territorial limits of the City of Atlanta; and

 

WHEREAS, under federal law, MILRA is the City of Atlanta's (the "City") single point of contact with the Department of the Army and other federal agencies in respect of the redevelopment of Fort McPherson; and

 

WHEREAS, whereas the proper funding of MILRA's economic development services is dependent upon a combination of federal and local funds; and

 

WHEREAS, the  City  recognizes  the  importance  of  the  redevelopment   of  Fort McPherson to the public safety, health and welfare of the citizens of Atlanta and the State, and to attaining the job creation and other economic development objectives of the City of Atlanta; and

 

WHEREAS, the City and MILRA entered into an Intergovernmental Agreement (“IGA”) pursuant to Resolution 19-R-3457, adopted by the Atlanta City Council on May 6, 2019 and approved as per City Charter Section 2-403 on May 15, 2019, authorizing MILRA to provide redevelopment services for a term of two (2) years, for which the City agreed to pay MILRA the amount of five hundred thousand dollars and zero cents ($500,000.00) to be reimbursed, plus negotiated interest, by MILRA to the City from the proceeds of the initial sale of any property at Fort McPherson; and

 

WHEREAS, The City recommends entering into Amendment No. 1 to the IGA to add funds in an amount not to exceed One Million, Three Hundred Thousand Dollars and Zero Cents, ($1,300,000.00), for economic development and redevelopment services, this amount to be reimbursed, plus negotiated interest, by MILRA to the City from the proceeds of the initial sale of any property at Fort McPherson.

 

WHEREAS, all payments under Amendment No. 1 to the IGA shall be charged to and paid from fund, account and center numbers: 1001.200101.5212001.1512000.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY RESOLVES, that the Mayor is authorized to enter into Amendment No. 1 for the Intergovernmental Agreement with the McPherson Implementing Local Redevelopment Authority, (MILRA), to add funds in an amount not to exceed One Million, Three Hundred Thousand Dollars and Zero Cents, ($1,300,000.00) , for economic development and redevelopment services, this amount to be reimbursed, plus negotiated interest, by MILRA to the City from the proceeds of the initial sale of any property at Fort McPherson.

 

BE IT FURTHER RESOLVED, that the City Attorney is directed to further negotiate, prepare, and/or review the Intergovernmental Agreement to affect the intent of this Resolution provided that the Intergovernmental Agreement is in compliance with the conditions set forth herein.

 

BE IT FURTHER RESOLVED, that Amendment No. 1 will not become binding upon the City and the City will incur no obligation or liability under it until it has been executed by the Mayor, attested to by the Municipal Clerk, approved by the City Attorney as to form, and duly delivered by both parties.

 

BE IT FINALLY RESOLVED, that all payments to MILRA under Amendment No. 1 shall be charged to and paid from fund, account and center numbers: 1001.200101.5212001.1512000.

 

 

INTERGOVERNMENTAL AGREEMENT FOR REDEVELOPMENT SERVICES

AMENDMENT NO. 1

 

 

This Amendment Agreement No. 1 to the INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made and entered into as of the___ day of August 2019 (the "Effective Date") by and between the CITY OF ATLANTA, GEORGIA, a municipal corporation of the State of Georgia (the "City") and MCPHERSON   IMPLEMENTING   LOCAL REDEVELOPMENT   AUTHORITY, a public body corporate and politic of the State of Georgia ("MILRA").

 

BACKGROUND

 

WHEREAS, pursuant to the 1983 Constitution of the State of Georgia, Article IX, Section III, Paragraph I and other applicable provisions of Georgia law, the City of Atlanta (the “City”) entered into an Intergovernmental Agreement (“IGA”) between the City and the McPherson Implementing Local Redevelopment Authority (MILRA) in order to provide for the continued delivery of the economic development and redevelopment services relating to Fort McPherson by MILRA; 

 

WHEREAS, the City and  MILRA, entered into their IGA pursuant to Resolution 19-R-3457 adopted by the Atlanta City Council on May 6, 2019 and approved as per City Charter Section 2-403 on May 15, 2019, authorizing MILRA to provide redevelopment services for a term of two (2) years, for which the City agreed to pay MILRA the amount of five hundred thousand dollars and zero cents ($500,000.00) to be reimbursed, plus negotiated interest, by MILRA to the City from the proceeds of the initial sale of any property at Fort McPherson.

 

NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows:

 

The City and MILRA agree that that the economic development and redevelopment services relating to Fort McPherson must be performed by MILRA in accordance with the terms and conditions of this said IGA, consisting of the following documents hereafter defined as “Agreement Documents”, and incorporated herein by reference.

 

I.              Exhibit A - IGA between the City and MILRA authorized by Legislation 19-R-3457 

II.              Exhibit B - Legislation 19-R-3457 and 19-R-XXXX

 

COMPENSATION

 

The total compensation for Amendment No. 1 shall not exceed One Million, Three Hundred Thousand Dollars and Zero Cents, ($1,300,000.00) this amount to be reimbursed, plus negotiated interest, by MILRA to the City from the proceeds of the initial sale of any property at Fort McPherson.

 

TERM

 

The terms of the IGA have not been modified and shall remain for two (2) years effective of the date of the original IGA, prior to the conclusion thereof, MILRA and the City will review the Fort McPherson redevelopment strategies and outcomes and determine whether it is prudent to enter into an extension to or replacement of the IGA.

 

 

LEGISLATION

 

This IGA is authorized by legislation adopted by the Atlanta City Council and approved by the Mayor of the City attached as Exhibit “B”, which is attached hereto and a part hereof.

 

PROJECT SUMMARY

 

This IGA will allow MILRA to provide the economic development and redevelopment services relating to Fort McPherson as outlined specifically within the original agreement.

 

TERMS OF IGA REMAIN IN FORCE

 

All other terms of the IGA will remain unchanged an in force except for those terms specifically modified by these Amendments.  This IGA and Amendments embody the entire agreement between the City and MILRA.  The City and MILRA shall not be bound by or be liable for any statement, representation, promise, inducement or understanding not contained in the IGA or Amendments. 

 

An authorized signature below by the City and by MILRA indicates their acceptance of the terms of this Amendment No. 1.

 

COMPLETE AGREEMENT

 

This IGA, along with all referenced appendices and exhibits, embodies the entire Agreement between the City and MILRA and supersedes all other writings, statements and representations.  The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding not contained the Agreement Documents.

 

The remainder of this page is intentionally left blank and is followed by a single signature page and the aforementioned exhibits.  

 

 

IN WITNESS  WHEREOF,  the City and MILRA  have executed  this Agreement  and caused their seals to be affixed and attested as of the day and year first above written.

 

ATTEST:                                                                                                   CITY OF ATLANTA

 

 

 

 

Municipal Clerk                                                                                     Mayor

 

 

 

[City Seal]

 

 

APPROVED AS TO INTENT:                                                         RECOMMENDED:

 

 

 

 

 

Chief Financial Officer                                                                       Chief Operating Officer

 

 

 

APPROVED AS TO FORM:

 

 

 

 

City Attorney

 

 

MCPHERSON IMPLEMENTING LOCAL REDEVELOPMENT AUTHORITY

 

 

[Insert MILRA Signatures Here]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

 

IGA BETWEEN THE CITY AND MILRA AUTHORIZED BY LEGISLATION

19-R-3457

 

 

 

 

 

 

 

 

 

Meeting History

Aug 5, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Aug 13, 2019 12:00 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE AS AMENDED [5 TO 0]
MOVER:Marci Collier Overstreet, District 11
SECONDER:Antonio Brown, District 3
AYES:Dustin Hillis, Marci Collier Overstreet, Joyce M Sheperd, Matt Westmoreland, Antonio Brown
ABSTAIN:Natalyn Mosby Archibong
AWAY:Michael Julian Bond
Aug 19, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [UNANIMOUS]
MOVER:Natalyn Mosby Archibong, Councilmember, District 5
SECONDER:Andre Dickens, Councilmember, Post 3 At Large
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd