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05-15-1991 Special Called Meeting ,_""",--..,........_~_"_~_~______~___.._..,."...__...c..,.--____._.~._,~__~_ ..- -,"-'" ~" 1 -!""" - MINUTES OF MEETING Peachtree city Airport Authority May 15, 1991 A special called meeting of the Peachtree city Airport Authority was called to order by Chairman Good on Wednesday, May 15, 1991 at 5 p.m. in the City Hall Meeting Room. Members present were: Chairman David Good, Ms. viki Brigham, Mr. Mike Amos, Mr. John Dennis and Mr. Blaine Price. others Present were: The Airport Authority Coordinator, Mr. James Savage; the Airport Authority's attorne~, Mr. Doug Warner; the City En~ineer, Mr. Barry Amos; and the record~ng secretary, Ms. Nancy Fa~llo. Chairman Good recessed the meeting to executive session. A motion was made by Ms. Brigham to adopt the draft resolutions prepared by Mr. Warner. Those resolutions are attached and made a ~rt of these minutes. The resolutions clarify the the actions and ~ntentions of the Authoirty with respect to the acquisition of an NDB site. The motion was seconded by Mr. Dennis. The motion passed with Mr. Price voting Nay and all others voting Yea. A motion was made by Mr. Price to authorize Chairman Good to send a letter concerning the lease agreement to Field Aircraft Atlanta. A cop~ of the letter is attached and made a part of these minutes. The mot~on was seconded by Ms. Brigham and passed unanimously. A motion was made by Ms. Brigham to accept a revised loan agreement from Peachtree National Bank for the site acquisition for an NDB site. The motion was seconded by Mr. Amos. The motion passed with Mr. Good abstaining and all others voting Yea. The meeting adjourned at 6:30 p.m. Y:/~~~ CHAI ~~trJi~~ n i ~ ~. r; . ~~ ~, , '. PEACHTREE CITY AIRPORT AUTHORITY , / David M. Good Challman 4811515 G. Blaine Price Secretary/Treasurer Michael E. Amos Vivian R. Brigham John W. Dennis May 17, 1991 Douglas B. Warner Attorney Mr. Philip Thatch Chief Executive Officer Field Aircraft Atlanta, Inc. P.O. Box 2958 Peachtree City, GA 30269 Dear Mr. Thatch: As progress continues on the Airport Improvement Program, the Authority is required periodically to make decisions on certain items far in advance of their occurrence, so that progress can continue unabated. As an example, the Authority must decide within the next few weeks the location, size and ownership of the airport's fuel storage tanks. Similarly, we must decide where and how many "T" hangars and corporate hangars to build, as well as the time table for relocating the existing hangars. For many months you have indicated that Field Aircraft Atlanta is interested in leasing certain ramp areas and hangar facilities on a long ter~ basis_ We have awaited a letter of intent to that effect, but as of this date, we have not received such a document. For the Authority to carry out its plans to build the premier airport of the South, we must be able to predict with some degree of accuracy what our income sources will be on a yearly basis. We have enjoyed the use of state and Federal funds to achieve many of our goals. Certain projects, however, such as the purchase of the NDB site and the construction of new hangars and the aviation center will be done with Authority funds. ~ ":i7 ""T omeE wx "" PEACHTREE CITY, GEORGIA 30269 . . (404) 487-7667 ,-.., i; " L , t r , " , l - , , The current lease rental on the airport of $1,850.00 per month will not provide sufficient funds to allow us to achieve those goals. In addition, through-the-fence fees have been significantly less than predicted and appear to fluctuate so greatly that they cannot be relied upon as a steady source of income. Therefore, the Authority must seek additional revenue sources. In reviewing the "Conditional Consent to Assignment of Lease," dated March 22, 1990, paragraph 2 (a), "Early Termination of Lease," the Authority has decided to exercise its right to terminate the existing lease upon the expiration of twenty-four (24) months following the assignment of the lease to Field Aircraft Atlanta, which occurred on March 22, 1990. Therefore, this letter shall serve as notice of termination of the Lease Agreement and Grant of Non-exclusive Easement dated July 17, 1980, effective March 23, 1992. Further review of the "Conditional Consent to Assignment of Lease," paragraph 2 (b), acknowledges that the Authority and Field Aircraft shall jointly and severally agree to either: (i) Disassemble and remove the existing hangar facility located on the leased premises in its entirety, or (ii) Take such action as necessary as to cause the hangar facility and all attached structures to comply with the Building Code and Fire Regulations of Peachtree City; such actions to be commenced within thirty (30) days following termination of the Lease according to the provisions of the foregoing subparagraph. It is the Authority's desire to bring the hangar facility and attached structures into compliance with the appropriate codes and regulations or disassemble and remove them as the situation may dictate. The Authority remains interested in leasing ramp and/or hangar space to Field Aircraft if that is your desire. Likewise, the Authority will consider any proposals to operate a full service FBO or limited-service FBO that would provide general aircraft maintenance, a flight school, a charter operation or any other FBO related services. ~ '., PEACHTREE CITY AIRPORT AUTHORITY ) , POST OFFICE Box'2371- - -.;-..-.-PEACHTREE-- CITY, G'iOR-GIA'30269 . (404) 487-7657 . - , r-: ~ r t. c ,.-. , ;;. ~; ,,' '."~. ~ ."" ",'" :'..., The Authority would like to meet with you and your staff in a closed executive session to discuss your future interests. Please contact me at your earliest convenience to schedule a mutually acceptable time. Thank you. Peachtree city Airport Authority ";~; c ~JJ David M. Good Chairman ~ '---, ......_~. "'~ PEACHTREE CITY AIRPORT AUTHORITY) -.------.-..------... .-----.-.---"..-~,-"_._ .... -.- .'__'_'____'4 __.__.._. _.,. __. _'__.__ __.___.....__ .___..n..._._._.___._____._ POST OFFICE BOX 2371 . PEACHTREE CITY, GEORGIA 30269 . (404) 487-7657 ,..... f i I I I ) I I I ! 1 I I , I r- "'._.~-'-"--~~"-'-'-"'-- .~~---_.~._-._---_._'~--,-_.._-----. '. RESOLUTIONS OF PEACHTReE CITY AIRPORT AUTHORITY ADOPTED IN EXECUTIVE SESSION ON KAY 15. 1991 Whereas, the Authority is in the process of acquiring by condem- nation the property more fully described in the Complaint in Rem filed in the Superior Court of Fayette County, in case number 91V-0534, under the style of Peachtree City Airport Authority vs. 1.736 acres of land; and Hoyt B. Duke; et aI, a copy of the Com- plaint in Rem being attached to these minutes as Exhibit "A" and incorporated herein by reference, and a copy of the Amendment to sane being attached hereto as Exhibit "B" and incorporated herein by reference, which Amend!:lent changes the District reflected in the legal description and attached survey from the erroneous 6th District designation to the correc~ 4th District designation; and wnereas, certain questions have arisen in the pending litigation as to the actions, resolutions, and intentions of the Authority in connection with the land acquisition issue at in S'~ ........... .............. litigation; and Whereas, the Authority desires to clarify for the record its actions, resolutions and intentions with respect to the acquisi- tion of such property. r Now, therefore, the Authority hereby adopts the following resolutions. 1. Resolution Clarifvinq December 5, 1990 Resolution. Resolved, that the resolution set forth in the minutes of the ex- ec~tive session of the December 5, 1990 meeting of the Peachtree ci ty Airport Authority, which authorized the purchase or ccnde~~ation, if necessary, of that certain parcel of land desig- nated by Wilbur Smith & Associates for the construction of a non- directional beacon, NDB transmitting facility, specifically authorized the acquisition by purchase or condemnation of an ap- proximately five-acre tract of land which includes the property presently under condemnation, which tract of land was shown on a specific drawing prepared by Wilbur Smith & Associates, Consult- ing Engineers for the Authority, and presented to the Authority at the December 5, 1990 meeting, and which drawing has been marked as Plaintiff's Exhibit No. 1 in the pending condemnation lawsuit, a copy of same being attached as Exhibit "e" to these Resolutions; that said land was also shown on another drawing by Wilbur Smith & Associates dated December 1990, marked as Defendant's Exhibit No. 13 in the pending condemnation lawsuit, a copy of which is attached hereto as Exhibit "0"; both of said drawings being shown to the Authority in its December 5, 1990 meeting, and being the drawings referred to in its Resolution of -- , I , i i I I I I j I i ! said date, with the exception of the 1. 75 acre drawing at the bottom of Exhibit "0", which was added later; that said tract of land was subsequently surveyed to provide a more exact description, and title examination was subsequently carried out to determine that the exact owners of the property are Hoyt B. Duke, Bennis IL Duke, a/i:/a Bennis Nations Duke, and Linda Beth Duke Black; that the Attorney representing the Authority, Douglas B. Warner, explained in detail the Special Master condeJ:lI1ation procedure to the Authority at that meeting, and the Authority authorized the said Authority Attorney and the Chairman of the Authority to take such action and execute such documents as necessary to proceed with such condemnation expeditiously, '" :t~ necessary; further that in Executive Session in the April 3, 1991 meeting of the Peachtree City Airport Authority, it was con-. veyed to the Authority that the appropriate Fayette County offi- cials had advised Legal Counsel for the Authority that the Authority was exempt from compliance with the 5.0 acre minimum lot requirement, and it was therefore determined that the naviga- tional facility to be constructed could be constructed on an 1.736 acre parcel, which would result in less impact to the land- owner and less cost for acquisition to the Authority, and the Authority Attorney, Douglas B. Warner, was authorized to decrease the amount of property to be condemned to the 1.736 acre tract of land more particularly described in the Complaint in Rem and the Amendment thereto attached as Exhibits "A" and "B" to this resolution, which 1.736 acre tract is a smaller part of the land originally authorized to be condemned. resolved further, that it has always been the intention of the Authority to acquire the minimum amount of land necessary to construct its NDB facility; resolved fur-::her, that the resolution of December 5, 1990 referred to above is so clarified and amended, and the actions of the Authority, its Attorney, and its Chairman in filing the con- demnation action under the Special Master Act, and all actions incidental thereto, are hereby ratified, adopted and approved; 2. Resolved, that the Peachtree City Airport Authority has pre- viously determined it necessary for public use and purpose to condemn the property described in Exhibits "A" and "B" attached to this resolution; resolved further, that the Authority has pre- viously determined that a judicial supervision of the proceedings is desirable by reason of the necessity for a quick determination of the just and adequate compensation to be paid to the owner of the property and interest being condemned, and that accordingly, it formally authorizes, adopts, and ratifies the use of the Spe- cial Master condemnation proceedings as set forth O.C.G.A. Sec- tions 22-2-100, et ~, and the Authority hereby ratifies and adopts any and all actions heretofore taken by Legal Counsel for r- ------ I I I I I I ! I the Authority, Douglas B. Warner, as well as its Chairman, David M. Good, with respect to the condemnation action more par- ticularly described in the Complaint in Rem and Amendment thereto attached to this resolution as Exhibits "A" and "B" and incor- porated herein by reference. 3. Resolved, that the Peachtree City Airport Authority is ready, willing and able to pay just and adequate compensation to the property owners named in Exhibits "A" and "B" attached hereto, said amount presently having been determined by the Spe- cia I Master in the condemnation action as being $33,000.00, to the parties named in the Complaint in Rem and Amend.ment thereto attached as Exhibits "A" and "B" hereto; and the Aut~ority authorizes its Chairman, Treasurer, or Legal Counsel, as the case may be, to pay the said $33,000.00 sum into Court for acquisition of the property described in Exhibits "A" and "B" attached hereto; resolved further, that the Authority shall use such funds as are provided by its charter, including funds borrowed from a financial institution, revenues from airport operations, leases, through-the-fence operations, and other revenues of the Airport Authority, to pay the cost of acquisition of the property being condemned in the pending action; resolved further, that it is the full intention and plan of the Peachtree City Airport Authority to pay just and adequate compensation to the owners of the """1 L' , t, property being condemned described in Exhibits "A" and "B" hereto, as required by the Georgia and United states Constitutions, prior to taking the land described therein, and the Authority stands ready, willing and able to do so. 4. General Resclu~icn Concer~inq Pendinc Condemnation. Resolved, that the Chairman of the Airport Authority, David M. Good, and its Legal Counsel, Douglas B. Warner, are authorized to take any and all actions and perform any and all deeds necessary or incidental to acquiring the property described in Exhibits "A" and "E" attached to tt-ese resolutions by condemnation, and to ex- ecute any and all docunents necessarJ to carr! out the pUrposes of this resolution, as well as the foregoing resolutions set forth herein.