Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

ELMS ID# 32288

23-R-
A RESOLUTION BY
COUNCILMEMBER MARCI COLLIER OVERSTREET

A RESOLUTION AUTHORIZING THE MAYOR TO EXCUTE ON BEHALF OF


THE CITY OF ATLANTA CERTAIN AGREEMENTS ON CONDITION THAT
THE CITY OF ATLANTA (THE “CITY”) IS SELECTED BY THE DEMOCRATIC
PARTY OF THE UNITED STATES TO HOST THE 2024 DEMOCRATIC
NATIONAL CONVENTION, INCLUDING (1) AN AGREEMENT BETWEEN
THE CITY, CHOOSE ATLANTA 2024, INC., AND THE 2024 DEMOCRATIC
NATIONAL CONVENTION COMMITTEE, (2) AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE ATLANTA-FULTON COUNTY
RECREATION AUTHORITY, AND (3) AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE METROPOLITAN ATLANTA
RAPID TRANSIT AUTHORITY (“MARTA”); AUTHORIZING THE MAYOR,
CHIEF FINANCIAL OFFICER, OR THEIR AUTOHRIZED DESIGNEES TO
ENTER INTO ANY NECESSARY CERTIFICATES, DOCUMENTS OR
AGREEMENTS TO EFFECTUATE ANY OF THE FOREGOING ON
CONDITION THAT THE CITY IS SELECTED TO HOST THE CONVENTION;
AND FOR OTHER PURPOSES.

WHEREAS, Choose Atlanta 2024, Inc., a Georgia nonprofit corporation (the “Host Committee”)
submitted a proposal to the Democratic National Committee, a District of Columbia unincorporated
association constituting the governing body of the Democratic Party of the United States and its operational
arm, DNC Services Corp., a District of Columbia nonprofit corporation (collectively, the “DNC”) in
response to the Request for Proposals issued by the DNC seeking a host city for the 2024 Democratic
National Convention (the “Convention”) and has invited the 2024 Democratic National Convention
Committee, a District of Columbia nonprofit corporation affiliated with the DNC (the “DNCC”) to hold the
Convention in the City; and

WHEREAS, the Host Committee is a nonprofit corporation organized and operating for the purpose of
assisting the City in attracting and hosting the Convention, all as part of a non-partisan, economic
development initiative benefiting the City and surrounding communities; and

WHEREAS, the City is one of three finalist cities, along with Chicago and New York City, to host the
Convention; and

WHEREAS, pursuant to Resolution No. 22-R-4037 adopted by the Atlanta City Council (the “City
Council”) on August 15, 2022 and approved by the Mayor of the City (the “Mayor”) on August 23, 2022
(the “Prior DNC 2024 Support Resolution”), the City previously authorized the funding of a portion of the
bid costs associated with the pursuit of the Convention; and

WHEREAS, the City Council made certain findings and determinations in connection with the adoption
of the Prior DNC 2024 Support Resolution, including, among other things, the following:

(1) The City is the cradle of the Civil Rights Movement with a long, storied history of leadership
in political discourse and a tradition of welcoming organizations across the political spectrum
to the City;

Page 1 of 4
(2) The City, with its great cultural wealth, vast diversity, and its prominence as a global center of
conventions and tourism, serves as an ideal setting to host prestigious national events;

(3) The City was included on the “Best of the World 2022” list by National Geographic, and was
the only American city on the “Best in Travel 2022” list on Lonely Planet;

(4) The City has a thriving convention industry anchored by assets such as the world’s busiest
airport (Hartsfield-Jackson Atlanta International Airport), the Georgia World Congress Center,
State Farm Arena, more than 90,000 hotel rooms, and a world-class, walkable convention and
entertainment district;

(5) Major events, including conventions, drive economic activity and support more than 280,000
people employed in Atlanta’s leisure and hospitality industry as the City continues to rebound
from the economic effects of COVID-19;

(6) By hosting a conference of such magnitude in the City, both the City and the State of Georgia
(the “State”) will benefit from the influx of public and private sector revenue, significant
investments in public safety infrastructure, as well as the distinction associated with such an
event; and

(7) If selected as the host city, the three-day Convention is expected to attract approximately
35,000 visitors to the City and provide a significant economic impact for the City.

WHEREAS, the City Council hereby reaffirms the foregoing findings and determinations; and

WHEREAS, the City Council hereby expresses its appreciation to the DNC for short-listing Atlanta as a
host city for the Convention, and gives its full support to bringing this marquee cultural and political event
to the City; and

WHEREAS, in furtherance of its corporate purposes, the Atlanta Fulton County Recreation Authority
(“AFCRA”) has determined that, if the City is selected by the DNC to host the Convention, it will assist
the Host Committee in financing the ongoing costs and expenses of planning and organizing the
Convention, including, among other things, costs related to securing and acquiring licenses to use and
operate certain facilities, constructing and equipping various Convention-related improvements to such
facilities, and transportation, parking and hotel accommodations; and

WHEREAS, in connection with the foregoing and after further review and consideration, the City Council
hereby desires to conditionally authorize the continued negotiation, execution and delivery of various
documents, agreements and certificates to be entered into if the City is selected by the DNC to host the
Convention and which are necessary for planning and organizing the Convention, including, without
limitation, (i) an Agreement (the “City Agreement”) among the City, the Host Committee and the DNCC,
whereby the City will agree to provide certain services relating to the Convention; (ii) an Intergovernmental
Agreement (the “AFCRA Intergovernmental Agreement”) between the City and AFCRA, whereby AFCRA
will agree to assist the Host Committee in financing the costs of planning and organizing the Convention
and conduct certain other services related thereto, and, in consideration therefor, the City will agree to make
certain intergovernmental payments to AFCRA for the payment of costs related to planning and organizing
the Convention, including, the payment of principal and interest on a line or letter of credit (if and to the
extent consummated), in the total aggregate amount of not to exceed $28,000,000 (the “Maximum
Amount”); and (iii) an Intergovernmental Agreement (the “MARTA Intergovernmental Agreement”)
between the City and the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), relating to the
provision of buses for the Convention, the costs of which shall be borne by the Host Committee; all for the

Page 2 of 4
purpose of assisting the Host Committee in bringing the Convention to the City on the terms and conditions
required by the DNCC.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTA,


GEORGIA, AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals set forth above are adopted by the City as the
findings of the City and are incorporated herein.

SECTION 2. Approval of Funding of Convention from Excess Hotel Motel Tax Collections. If the
City is selected by the DNC to host the Convention, the City hereby authorizes, ratifies and approves, in all
respects, the intergovernmental payments under the AFCRA Intergovernmental Agreement to finance costs
related to planning and organizing the Convention, including, the payment of principal and interest on a
line or letter of credit (if and to the extent consummated); provided, however, that the funding of such
obligation shall be made (a) no less than quarterly by the Chief Financial Officer of the City (or his
designee), (b) solely to or as designated by, and for the account of, AFCRA, and (c) in the amount by which
the City’s collections pursuant to the 24.99% share of the net amount of the seven percent (7%) tax imposed
upon the furnishing of public accommodations in the City levied pursuant to O.C.G.A. § 48-13-51(a)(5),
as amended from time to time (the “Hotel Motel Tax”), as deposited into the City’s General Fund, exceed
$12,018,090 (the “Excess Hotel Motel Tax Collections”); provided, however, that the total aggregate
amount of payments made under the AFCRA Intergovernmental Agreement from Excess Hotel Motel Tax
Collections shall not exceed the Maximum Amount.

SECTION 3. Approval of City Agreement, AFCRA Intergovernmental Agreement and MARTA


Intergovernmental Agreement. The Mayor and the Chief Financial Officer, or their duly authorized
designees, are each hereby authorized to negotiate and, if the City is selected by the DNC to host the
Convention, to execute and deliver the City Agreement, the AFCRA Intergovernmental Agreement and the
MARTA Intergovernmental Agreement (collectively, the “DNC 2024 Agreements”), and any certificates,
instruments, documents and agreements relating to such DNC 2024 Agreements or the Convention,
necessary or appropriate to reflect the action, rights, obligations or undertakings approved by this
Resolution and/or contemplated by such DNC 2024 Agreements, all of which are hereby ratified and
approved in all material respects after consultation with the Chief Financial Officer and City Attorney.
Notwithstanding the foregoing, if the City is selected by the DNC to host the Convention, the execution
and delivery of the DNC 2024 Agreements by the Mayor and the Chief Financial Officer of the City or
their duly appointed designees as herein authorized shall be conclusive evidence of any such approval,
subject only to compliance with the requirement for the City to limit its transfer of Excess Hotel Motel Tax
Collections to the Maximum Amount; provided, however, that the DNC 2024 Agreements and any related
documents, agreements, instruments, certificates, or other papers relating thereto shall not become binding
upon the City, and the City will incur no obligation or liability under the same, until the DNC has officially
selected the City to host the Convention.

SECTION 4. Authorization of Transfers of Excess Hotel Motel Tax Collections. If the City is selected
by the DNC to host the Convention, the Chief Financial Officer, or his or her designee, is hereby authorized
to charge to and make the transfer of Excess Hotel Motel Tax Collections (the total aggregate amount of
which shall not exceed the Maximum Amount) to AFCRA from the following account:

Fund Department Account Function Activity


1001 100501 3912066

Page 3 of 4
SECTION 5. Actions of Mayor, Chief Operating Officer, Chief Financial Officer, City Attorney,
Municipal Clerk and Other Officials. If the City is selected by the DNC to host the Convention, the Mayor,
Chief Operating Officer, Chief Financial Officer, City Attorney, Municipal Clerk, and other appropriate
officials of the City are authorized to certify any documents, agreements, instruments, certificates or other
papers necessary or appropriate to carry out the transactions contemplated under the DNC 2024
Agreements, and to take such other actions necessary or appropriate for the consummation of the
transactions contemplated by this Resolution and the DNC 2024 Agreements, provided that any payments
under the AFCRA Intergovernmental Agreement shall be limited to Excess Hotel Motel Tax Collections,
as and to the extent available, and the total aggregate amount of intergovernmental payments under the
AFCRA Intergovernmental Agreement shall not exceed the Maximum Amount, as confirmed prior to each
such transfer by the Chief Financial Officer of the City.

SECTION 6. Partial Invalidity. 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 the laws of the State, and, if any
provisions hereof conflict with any applicable provision of such law, the latter as duly adopted by the
General Assembly of the State and as interpreted by the courts of the State shall prevail and shall be
substituted for any provision hereof in conflict or not in harmony therewith.

SECTION 7. Repealer. Any and all resolutions or parts of resolutions in conflict with this Resolution
shall be and the same hereby are repealed (but solely as and to the extent of any such conflict). For purposes
of clarification and to avoid doubt, nothing in this Resolution is intended, nor shall the same be construed
as effecting the City’s financial commitments in respect of the Convention pursuant to the Prior DNC 2024
Support Resolution, which financial commitments are expressly separate from, and supplemental to, the
financial commitments of the City authorized hereunder.

SECTION 8. Electronic Execution. If the City is selected by the DNC to host the Convention, the
Mayor, the Chief Financial Officer or such other duly authorized representative of the City are hereby
authorized to execute the City Agreement, the AFCRA Intergovernmental Agreement and the MARTA
Intergovernmental Agreement and any and all other documents and certificates related thereto, by means
of electronic or digital signature, including an emailed PDF of a digitized image of the actual signature
page or by other electronic means provided that such other means utilize electronic signature software
that has the capability to audit or authenticate the signature, and such electronic pages shall constitute
an original signature and shall be of the same legal effect, validity or enforceability as a manually executed,
physically delivered or paper-based signature, as the case may be, and it is further found and determined
that such electronic signatures are expressly permitted under the Uniform Electronic Transactions Act
(O.C.G.A. Section 10-12-1, et seq.).

SECTION 9. Effective Date. This Resolution shall take effect immediately upon its adoption by the City
Council and approval by the Mayor.

Page 4 of 4

You might also like