Peachtree City bears no liability for the nearly $1 million in debt owed
to Peachtree National Bank by the Peachtree City Development Authority, Mayor
Steve Brown insisted Wednesday, suggesting that the authority should declare
bankruptcy to settle the matter.
The city, the Development Authority and the Peachtree City Tourism Association
were all named in a lawsuit filed late last week by attorneys for Peachtree
National. The bank is seeking payment on hundreds of thousands of dollars
in loans now in default that it made to the Development Authority over a
period of time ending in 2003.
The authority hasn't made any interest payments on the loans since
last fall, when it gave up management of the city's amphitheater and
tennis center and the hotel-motel tax revenue that came with that responsibility.
Brown has alleged the Development Authority used the borrowed money to expand
facilities at the tennis center, but also to meet operational expenses,�which
is a violation of state law.
The city's Tourism Association now operates both venues. In transferring
the management to the Tourism Association, the suit alleges the city handicapped
the Development Authority so it couldn't make good on its debt.
"They're talking about how we created a situation where the Development
Authority couldn't pay the debt, but they didn't have the means
to pay it even when they were getting the hotel-motel tax," Brown argued. "Don't
tell me we cut off your method of paying the debt when you weren't paying
the debt in the first place."
Even in the best of times, according to Brown, the authority was making
interest payments only on the loans, and was still having to borrow to make
ends meet.
"What is going to come out of all this is we're going to see the authority
did not manage its affairs properly and was running in conflict with state
law," Brown said. "The bank was lending money without collateral;
these were non-collateralized loans."
Brown said the bank shares some of the blame because it readily made loans
available to a known credit risk.
"Why would a bank lend a million dollars with absolutely no collateral
required to an entity that could have had its funding cut off with just 30
days notice?" Brown asked, referring to an intergovernmental agreement
between the city and the authority which gave the authority a "30-day
out" clause to surrender management of the venues, along with its biggest
source of income -�the guest tax revenue.
The Tourism Association has been operating both the amphitheater and tennis
center since mid-January solely on income generated by each venue. In a tentative
2005 fiscal year budget released last week, the Tourism Association proposes
using its portion of the hotel-motel tax revenue to cover expenses related
to tourism-related events in the city, such as the Great Georgia Airshow
and the city's Fourth of July celebration.
The city has 30 days to respond to Peachtree National's suit.
"We the city are very comfortable in our position," Brown said
Wednesday. "I'm definitely stating for the record that the Development
Authority and the city are two separate legal entities under state law and
the city had absolutely no control over the actions of the Development Authority."
Brown suggested that the authority's only recourse at this point is
to declare bankruptcy.
"What other option do they have? I don't think there is a legitimate
option," he said. "This is just 10 years of bad management come
to a head here."







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