City of Atlanta
Georgia

Resolution
14-R-4305

A RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS AGAINST
THE CITY OF ATLANTA IN THE CASE OF THE CITY OF ATLANTA V. THE CITY
OF COLLEGE PARK, ET AL., CIVIL ACTION FILE NO. 2007-CV-140581, SUPERIOR
COURT OF FULTON COUNTY, IN THE AMOUNT OF FIVE MILLION THREE
HUNDRED THOUSAND DOLLARS ($5,300,000); AUTHORIZING PAYMENT TO BE
CHARGED TO AND PAID AS FOLLOWS: ONE MILLION NINE HUNDRED
THOUSAND DOLLARS ($1,900,000) UPON EXECUTION OF THE SETTLEMENT
AGREEMENT FROM FUND 5502 (AIRPORT RENEWAL AND EXTENSION FUND);
CENTER NUMBER 080101 (LAW, CITY ATTORNEY), ACCOUNT 5212001
(CONSULTING PROFESSIONAL SERVICES), AND FUNCTIONAL ACTIVITY
NUMBER 1530000 (LAW), AND ONE MILLION ONE HUNDRED THOUSAND
DOLLARS ($1,100,000) UPON EXECUTION OF THE SETTLEMENT AGREEMENT
AND TWO PAYMENTS OF ONE MILLION ONE HUNDRED FIFTY THOUSAND
DOLLARS ($1,150,000) EACH PAYABLE ON THE FIRST AND SECOND
ANNIVERSARIES OF THE EXECUTION OF THE SETTLEMENT AGREEMENT
FROM FUND 1001 (GENERAL FUND), CENTER NUMBER 200101 (NONDEPARTMENTAL),
ACCOUNT 5212005 (LITIGATION EXPENSES), AND
FUNCTIONAL ACTIVITY NUMBER 1512000 (ACCOUNTING) AND; AUTHORIZING
THE CHIEF FINANCIAL OFFICER TO DISTRIBUTE THE SETTLEMENT AMOUNT;
AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 10 Clarence "C. T." Martin
Category:Personal PaperFunctions:None Required

Body

WHEREAS, The City of Atlanta v. The City of College Park, et al.; is a case in which the City

of Atlanta sought to enforce certain provisions related to occupation taxes in that certain

Intergovernmental Agreement dated December 15, 1969 ("1969 IGA") between the City of

Atlanta and the City of College Park; and

 

WHEREAS, the City of College Park has agreed to accept $5,300,000 and the City of Atlanta's

registration for a business license from the City of College Park for certain proprietary activities

engaged in by the City of Atlanta within the jurisdiction of the City of College Park in full

settlement of all claims against the City of Atlanta; and

 

WHEREAS, the City Attorney has done extensive review of the facts and the law and has

determined that the City of Atlanta's potential financial exposure in further litigating the claims

is in excess of the settlement amount; and

 

WHEREAS, the City Attorney considers it to be in the best interest of the City of Atlanta to pay

the amount of $5,300,000 and to register for a business license from the City of College Park to

settle all claims against the City of Atlanta.

 

NOW, THEREFORE THE COUNCIL OF THE CITY OF ATLANTA hereby resolves the

following:

 

SECTION 1. The City Attorney is authorized to settle and execute all documents in the case of

The City of Atlanta v. The City of College Park, eta/.; in the amount of Five Million Three

Hundred Thousand Dollars and 001100 ($5,300,000).

 

SECTION 2. Said payment is to be charged, paid and issued as follows:

 

The Chief Financial Officer is authorized to make payments in the total amount of FIVE

MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000) WITH ONE

MILLION NINE HUNDRED THOUSAND DOLLARS ($1,900,000) PAYABLE UPON

EXECUTION OF THE SETTLEMENT AGREEMENT FROM FUND 5502 (AIRPORT

RENEWAL AND EXTENSION FUND); CENTER NUMBER 080101 (LAW, CITY

ATTORNEY), ACCOUNT 5212001 (CONSULTING PROFESSIONAL SERVICES), AND

FUNCTIONAL ACTIVITY NUMBER 1530000 (LAW), AND ONE MILLION ONE

HUNDRED THOUSAND DOLLARS ($1,100,000) PAYABLE UPON EXECUTION OF

THE SETTLEMENT AGREEMENT AND TWO PAYMENTS OF ONE MILLION ONE

HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000) EACH PAYABLE ON THE

FIRST AND SECOND ANNIVERSARIES OF THE EXECUTION OF THE

SETTLEMENT AGREEMENT FROM FUND 1001 (GENERAL FUND), CENTER

NUMBER 200101 (NON-DEPARTMENTAL), ACCOUNT 5212005 (LITIGATION

EXPENSES), AND FUNCTIONAL ACTIVITY NUMBER 1512000 (ACCOUNTING)

AND

 

WHEREAS, The City of Atlanta v. The City of College Park, et al.; is a case in which the City

of Atlanta sought to enforce certain provisions related to occupation taxes in that certain

Intergovernmental Agreement dated December 15, 1969 ("1969 IGA") between the City of

Atlanta and the City of College Park; and

 

WHEREAS, the City of College Park has agreed to accept $5,300,000 and the City of Atlanta's

registration for a business license from the City of College Park for certain proprietary activities

engaged in by the City of Atlanta within the jurisdiction of the City of College Park in full

settlement of all claims against the City of Atlanta; and

WHEREAS, the City Attorney has done extensive review of the facts and the law and has

determined that the City of Atlanta's potential financial exposure in further litigating the claims

is in excess of the settlement amount; and

WHEREAS, the City Attorney considers it to be in the best interest of the City of Atlanta to pay

the amount of $5,300,000 and to register for a business license from the City of College Park to

settle all claims against the City of Atlanta.

NOW, THEREFORE THE COUNCIL OF THE CITY OF ATLANTA hereby resolves the

following:

SECTION 1. The City Attorney is authorized to settle and execute all documents in the case of

The City of Atlanta v. The City ofCollege Park, eta/.; in the amount of Five Million Three

Hundred Thousand Dollars and 001100 ($5,300,000).

SECTION 2. Said payment is to be charged, paid and issued as follows:

The Chief Financial Officer is authorized to make payments in the total amount of FIVE

MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000) WITH ONE

MILLION NINE HUNDRED THOUSAND DOLLARS ($1,900,000) PAYABLE UPON

EXECUTION OF THE SETTLEMENT AGREEMENT FROM FUND 5502 (AIRPORT

RENEWAL AND EXTENSION FUND); CENTER NUMBER 080101 (LAW, CITY

ATTORNEY), ACCOUNT 5212001 (CONSULTING PROFESSIONAL SERVICES), AND

FUNCTIONAL ACTIVITY NUMBER 1530000 (LAW), AND ONE MILLION ONE

HUNDRED THOUSAND DOLLARS ($1,100,000) PAYABLE UPON EXECUTION OF

THE SETTLEMENT AGREEMENT AND TWO PAYMENTS OF ONE MILLION ONE

HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000) EACH PAYABLE ON THE

FIRST AND SECOND ANNIVERSARIES OF THE EXECUTION OF THE

SETTLEMENT AGREEMENT FROM FUND 1001 (GENERAL FUND), CENTER

NUMBER 200101 (NON-DEPARTMENTAL), ACCOUNT 5212005 (LITIGATION

EXPENSES), AND FUNCTIONAL ACTIVITY NUMBER 1512000 (ACCOUNTING)

AND

 

Payment shall be made in the form of checks payable to the City of College Park

 

Such payments shall be in full consideration of the dismissal of all claims against the City of

Atlanta.

 

SECTION 3. The Aviation General Manager is authorized to register the City of Atlanta for a

business license from the City of College Park.

Meeting History

Oct 20, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Councilmember Martin made a Motion to Adopt 14-R-4305. It was Seconded by Councilmember Wan and the Motion CARRIED by a roll call vote of 14 yeas; 1 nay.

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 1 NAY

Note: Councilmember Martin made a Motion to Send Resolutions 14-R-4304 and 14-R-4305 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 Shook and then CARRIED by a roll call vote of 13 yeas; 1 nay

RESULT:ADOPTED [14 TO 1]
MOVER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Felicia A Moore