Dear Editor and citizens of Fayette County:
We are writing today to express our appreciation for a significant achievement in intergovernmental cooperation: the adoption of a new water franchise agreement between Fayette County and Peachtree City.
Peachtree City unanimously adopted the agreement on Nov. 5, and the Board of Commissioners adopted the same agreement by a super-majority on Nov. 12, bringing almost two years of negotiations to a successful and beneficial conclusion that will allow us to continue working together in the coming years.
Most of you are well aware of the ongoing work on Lake Peachtree. The spillway repairs are finished, and the dredging is very nearly complete, despite many challenges: historic rainfalls this year, a reclassification of the dam by the state, followed by a successful appeal, a lot of testing, and a great deal of understandable public frustration over the delays in returning this jewel in the center of Peachtree City to its rightful condition.
What has been less visible, but far more important, is the hard work between the elected officials, staffs, consultants, and legal teams, on the agreement that binds Peachtree City and Fayette County over this very visible project.
The relationship between the two jurisdictions dates back to a 1966 water franchise agreement that was amended over the years, complicating the understanding of responsibilities and rights between Peachtree City, the owner of Lake Peachtree, and Fayette County, whose primary water source in the beginning, was Lake Peachtree.
Through those agreements, Fayette County could withdraw water from Lake Peachtree, and later from the county’s own Lake Kedron, via releasing water through Lake Peachtree, providing water services to its customers throughout the county and to Peachtree City customers who make up slightly more than a third of the total customers of the water system.
In exchange, the county accepted responsibility for maintaining the dam and spillway of Lake Peachtree, and for dredging the lake every 8 years, if needed.
The application of these agreements has not always been harmonious, with at least one instance of expensive litigation over dredging in the 1980s.
More importantly, while the agreements outlined many responsibilities, they needed clarification. What was the water level of Lake Peachtree that the county should maintain? No language addressed that.
What was the original depth of the lake bed and stream inlets that dredging projects should restore? There was no record. What was the 1966 condition of the dam and spillway that was to be maintained? There were no construction plans or as-builts.
This last question became much more important in 2014, when the spillway was suffering from significant cracks and voids that had to be repaired before the lake could be refilled. Further, the dam and spillway were constructed before state standards and oversight existed, and those standards were now being applied.
Last year we were faced with the very real possibility of another expensive round of litigation — only to decide who would pay for the current repairs to the spillway and for the imminent construction of a new dam and spillway to much stricter state standards.
Until this month, both Peachtree City and Fayette County were bound, through 2035, by seven ambiguous agreements that did not really answer those now-vital questions.
It is a testament to our community that, instead of filing legal claims and motions, and counter claims and motions, Peachtree City and Fayette County have been able to negotiate in good faith and produce a new, single agreement that benefits both parties as we move forward.
In the coming years, Fayette County and Peachtree City will share in the costs of the dam and spillway replacement, and will share in the cost of future dredging after a detailed survey of the lake bottom is conducted to set a measurable baseline.
Peachtree City will become responsible for the lake bed, dam, and spillway. And we have saved Peachtree City taxpayers and water system rate-payers from paying for both sides of a lengthy litigation process to determine who would have to pay, for what, and how much.
Fayette County Water System customers benefit further because the frequency of dredging and the county’s financial input have been reduced. The county will also save through the removal of the Loghouse Well from the water system, while retaining access to both Lake Peachtree and Lake Kedron as backup water sources should any problems develop with Lake McIntosh or Lake Horton.
Peachtree City residents benefit because the city will continue to have the expertise of the Fayette County Water System in the operation of the dam and spillway, and a defined amount of participation in the future replacement of both.
Those interested in more detail can read the complete new agreement, along with the primary agreements it replaced, at www.peachtree-city.org/index.aspx?nid=1065.
However, the important thing to take away is that we were able to keep this issue out of the courts through the efforts of our staffs, consultants, attorneys, and fellow board members.
For that, we would like to thank all of those who were involved. What we have accomplished by working together, sets a new tone and bodes well for the future of our community of Fayette.
Charles W. Oddo, chairman
Fayette County Commission
Fayetteville, Ga.
Vanessa Fleisch, mayor
Peachtree City, Ga.
