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THE CITY OF ORMOND BEACH'S PRIME
OBLIGATION TO THE FEDERAL GOVERNMENT
The City needs to understand and acknowledge its primary obligation to the Federal government under the Grant Assurances is to operate the Airport for aeronautical purposes. The public benefit is not assured merely by keeping the runways open.
This prime obligation includes allowing potential leaseholders to develop airport property for aeronautical use. Although the city has no obligation to construct hangars and terminal facilities, it does have the obligation to make suitable areas of space available on reasonable terms to those who are willing and qualified to offer flight services to the public. This means that unless it undertakes to provide these services itself, the airport owner has a duty to negotiate in good faith for the lease of such premises.
OBLIGATION TO THE FEDERAL GOVERNMENT
The City needs to understand and acknowledge its primary obligation to the Federal government under the Grant Assurances is to operate the Airport for aeronautical purposes. The public benefit is not assured merely by keeping the runways open.
This prime obligation includes allowing potential leaseholders to develop airport property for aeronautical use. Although the city has no obligation to construct hangars and terminal facilities, it does have the obligation to make suitable areas of space available on reasonable terms to those who are willing and qualified to offer flight services to the public. This means that unless it undertakes to provide these services itself, the airport owner has a duty to negotiate in good faith for the lease of such premises.
CITY REFUSES TO TAKE ACTION TO NEGOTIATE -
INSTEAD WAITS FOR FAA DIRECTION
Based on the City of Ormond Beach's Response to the Part 13 Informal Complaint filed by Arnie B. Green Associates, Inc. against the City, it appears that the City will do nothing relating to the Company's attempt to gain access onto the Airport, until it sees what direction the Federal Aviation Administration (FAA) provides.
Clearly, the City's response, actions, and/or inactions demonstrate that they do not understand or are blatantly disregarding their Federal Obligations.
INSTEAD WAITS FOR FAA DIRECTION
Based on the City of Ormond Beach's Response to the Part 13 Informal Complaint filed by Arnie B. Green Associates, Inc. against the City, it appears that the City will do nothing relating to the Company's attempt to gain access onto the Airport, until it sees what direction the Federal Aviation Administration (FAA) provides.
Clearly, the City's response, actions, and/or inactions demonstrate that they do not understand or are blatantly disregarding their Federal Obligations.
FAA EXPECTS THE AIRPORTS TO UNDERSTAND
THE GRANT ASSURANCES
In Platinum Aviation and Platinum Jet Center BMI v. Bloomington-Normal Airport Authority, Illinois, FAA Docket No. 16-06-09, at 45 (November 28, 2007), the Director noted:
"The BNAA, as the airport sponsor, must decide whether its actions comply with its Federal obligations and refrain from taking actions that violate the Federal obligations. It does not require an official FAA determination to take action, since, by design, the FAA expects airport sponsors to understand the grant assurances when entering into AIP grant agreement, and to pledge to comply with those requirements when entering into tenant or other types of agreements."
THE GRANT ASSURANCES
In Platinum Aviation and Platinum Jet Center BMI v. Bloomington-Normal Airport Authority, Illinois, FAA Docket No. 16-06-09, at 45 (November 28, 2007), the Director noted:
"The BNAA, as the airport sponsor, must decide whether its actions comply with its Federal obligations and refrain from taking actions that violate the Federal obligations. It does not require an official FAA determination to take action, since, by design, the FAA expects airport sponsors to understand the grant assurances when entering into AIP grant agreement, and to pledge to comply with those requirements when entering into tenant or other types of agreements."
$70 Million in New Investment
$382 Million 20-Year Impact to Ormond Beach
1800 20-Year Total New Job Effect to Region
$2.0 Million New State & Local Taxes Upon Completion of First Year of Operations
Robust Operations Facility - Not Just Aircraft Storage Hangars
800 Years Total Airport
Development, Engineering & Aviation Team Experience
100+ Years Total Military Command, Control, Operational, Flight & Ground Experience
Robust Aircraft Noise Abatement Program
Protects City from Financial Risk and Liability
No Ormond Beach Funds Required for Financing of Development
$382 Million 20-Year Impact to Ormond Beach
1800 20-Year Total New Job Effect to Region
$2.0 Million New State & Local Taxes Upon Completion of First Year of Operations
Robust Operations Facility - Not Just Aircraft Storage Hangars
800 Years Total Airport
Development, Engineering & Aviation Team Experience
100+ Years Total Military Command, Control, Operational, Flight & Ground Experience
Robust Aircraft Noise Abatement Program
Protects City from Financial Risk and Liability
No Ormond Beach Funds Required for Financing of Development
