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11-03-2002 Special Called Meeting i"""" PEACHTREE CITY AIRPORT AUTHORITY MINUTES OF SPECIAL CALLED MEETING November 3, 2002 A Special Called Meeting of the Peachtree City Airport Authority was held at the Aviation Center, 7 Falcon Drive, Peachtree City, GeOrg~ia, on Octoeer 14,2002, at 6:00 p.m. tVDV~1-lC;;="> 707:,,_ I Those present for the Authority were Chairman Catherine M. Nelmes; SecretarylTreasurer H.E. Buffington; Members Mark H. Harris, Jerry R. Cobb and Douglas A. Fisher; and Airport Manager James H. Savage. Also attending was Special Legal Counsel Edward L. Long, Jr. Chairman Nelmes called the meeting to order, thanking the members for meeting on Sunday night and explained that she had been working with City Councilman Steve Rapson to craft a new Intergovernmental Agreement with the City for the distribution of Hotel/Motel tax revenues. The item for consideration at this meeting was that draft agreement. NEW AGENDA ITEMS 02-11-01 Consider approval of an Intergovernmental Agreement with the City of Peachtree City for the distribution of Hotel/Motel tax revenues. i"""" i , At 6:10 p.m., Mr. Cobb moved to recess from regular open session to reconvene in Executive Session to confer with Legal Counsel on matters involving attorney-client privilege on the agenda item before them. The motion was seconded by Mr. Buffington and was passed unanimously. EXECUTIVE SESSION 02-11-02 Confer with Legal Counsel on matters involving attorney-client privilege. The members conferred with Legal Counsel on Agenda Item 02-11-01 but took no formal action during the Executive Session. At 7:05 p.m., a motion was made by Mr. Harris and seconded by Mr. Buffington, to recess from Executive Session to reconvene in regular open session. The motion passed unanimously. Following a discussion of the agreement in open session, Mr. Fisher moved to authorize the Chairman to sign the Intergovernmental Agreement for the distribution of Hotel/Motel tax revenues as submitted, subject to a review by Legal Counsel to ascertain that the language included in the agreement is, and will continue to be, binding to both parties for the period specified. Should Legal Counsel determine that adjustments in the language are necessary to achieve that goal, such changes may be made prior to the ,Chairman's execution of the agreement. The agreement as submitted is attached and made a part of these minutes. -. The motion was seconded by Mr. Cobb, and passed unanimously. 'I; There being no further business for consideration, at 7:15 p.m.~\Mr. Buffington m whic was secon e r. Harris, and was passed una . 0 .l.,y. f . elmes, Chairman Attested by: ,..... , r , ~ INTERGOVERNMENTAL AGREEMENT This INTERGOVERNMENTAL AGREEMENT, made and entered into as of , 2002, by and between PEACHTREE CITY (the "City"), a municipal corporation duly created and existing under the laws of the State of Georgia, and the PEACHTREE CITY AIRPORT AUTHORITY (the "Authority"), a public corporation duly created and existing under the laws of the State of Georgia; WITNESSETH: WHEREAS, the City is a municipal corporation duly created and validly existing under the laws of the State of Georgia; and WHEREAS, the Authority is a public corporation duly created and validly existing under and pursuant to the provisions of an Act of the General Assembly of the State of Georgia (1984 Ga. Laws 4935 to 4949) (the "Act"); and WHEREAS, the Authority was created and exists for the purpose of acquiring, constructing, equipping, maintaining, operating, owning, and improving airports and landing fields for the use of aircraft; and WHEREAS, in furtherance of the purposes for which it was created and in order to finance the acquisition, construction, maintenance and equipping of certain improvements at its airport facilities, and the acquisition and maintenance of equipment for use in those facilities, the Authority seeks financial support from the City for such purposes; and WHEREAS, the City and the Authority have each determined that it is in the best interests of the citizens of the City for the City to assist the Authority by using a portion of the proceeds from the Hotel/Motel Tax collected by the City, or other City funds as the City may deem necessary or appropriate, to assist the Authority in this endeavor, and in exchange therefore, for the Authority to continue to operate and maintain its airport facilities as a public airport and to make its airport facilities and services available to the citizens of the City and to promote tourism and trade for the community; and WHEREAS, Article IX, Section III, Paragraph I (a) of the Constitution of the State of Georgia of 1983 authorizes any municipality of the State of Georgia to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide; NOW, THEREFORE, in consideration of the respective covenants, representations, and agreements hereinafter contained and in furtherance of the mutual public purposes hereby sought to be achieved, the City and the Authority agree as follows: Intergov Agreement 11-01-02 PCAA.doc 1 """'" ; 1;., 1. The City agrees to use a portion of the proceeds collected from the Hotel/Motel Tax, or other City funds the City may deem necessary or appropriate, to assist the Authority in its operation of the airport, and its acquisition, construction, maintenance and improvement of equipment and facilities at Peachtree City-Falcon Field Airport. 2. The Authority agrees to continue to operate and maintain its airport facilities as a public airport and to make its airport facilities and services available to the citizens of the City and to promote tourism and trade for the community. 3. The City agrees to provide the Authority with 13.3 % of the HotellMotel tax collected, distributed monthly, by check or electronic transfer, or as otherwise deemed appropriate by the parties. 4. The term of this Contract shall commence with the execution and delivery hereof and shall continue in force through the City's fiscal year ending September 30, 2004. Thereinafter, this agreement shall renew automatically for a one year term beginning October 1, 2004, and each year thereafter unless a party hereto shall give written notice to the other party of non-renewal at least 90 days prior to the renewal date. 5. The City agrees to provide the Authority with a monthly report indicating the total amount of Hotel/Motel tax collected monthly, and on a year-to-date basis, and ,...., the amount distributed each month. - 6. This Contract and the rights and obligations of the parties hereto (including third party beneficiaries) shall be governed, construed, and interpreted according to the laws of the State of Georgia. 7. This Contract may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 8. No waiver, amendment, release, or modification of this Contract shall be established by conduct, custom, or course of dealing, but solely by an instrument in writing only executed by the parties hereto. 9. Nothing in this Contract, express or implied, shall give to any person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim under this Contract. 10. This Contract shall replace in its entirety a document entitled "Intergovernmental Agreement for Additional Facilities at Falcon Field Airport and Payment of Existing Debt", dated June 14, 2001, between the City and the Authority, and upon execution by both parties of the agreement contained herein, shall cause the agreement of June 14, 2001, to be hereinafter considered null and void. Intergov Agreement 11-01-02 PCAA.doc 2 .",,-:---,..~O':"",. ': -C,"- '. I"""" r- t r- -. ?: IN WITNESS WHEREOF, the City and the Authority have caused this Contract to be executed in their respective corporate names and have caused their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the day and year first above written. PEACHTREE CITY (SEAL) By: Mayor Attest: City Clerk PEACHTREE CITY AIRPORT AUTHORITY (SEAL) By: Chairman Attest: SecretarylTreasurer Intergov Agreement 11-01-02 PCAA.doc 3 " ":'.', ,..., ~ ~ n ~ PEACHTREE CITY AIRPORT AUTHORITY EXECUTIVE SESSION AFFIDAVIT The undersigned hereby states under oath, in the presence of a notary public, as subscribed below, that the undersigned presided over a meeting of the Peachtree City Airport Authority, in the capacity set forth below, on the meeting date set forth below. A portion of this meeting was held in executive session and closed to the public, pursuant to motion duiy made, seconded and passed by the Authority. The ciosed portion of such meeting, held in executive session, was devoted to matters within the exceptions provided by law, specifically as initialed below: 00 . dDisCUSSing matters protected by the attorne~-client privilege. O.C.G.A. 950-14-2(1). o Discussing the future acquisition of real estate. O.C.G.A. 950-14-3(4). o Discussing or deliberating the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee. O.C.G.A. 950-14-3(6). The closed portion of the meeting was held in compliance with the law, based upon the advice of legal counsel for the Authority, and based upon observation of all members present. In witness whereof, the undersigned has signed t . Signature (y/V,,',J Capacity '^^-c- L.-. NtltmAlf\d Uc. '" . GEORGIA MY COMMISSION EXPIRES MARCH 8. 2004 Date of meeting: IJdo2- CONCURRENCE OF AUTHORITY MEMBERS The undersigned confirm that thj; statements contained in the above affidavit are true and correct. ~%~<)/f/~ I OPINION OF LEGAL COUNSEL The closed portion of the meeting of the Peachtree City Airport Authority referenced in the above affidavit was appropriate under Georgia law and was held pursuant to my advice and counsel. ~ L ~:j~ Legal Counsel -c. ..