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HomeMy Public PortalAbout140_021_M&C 11.06.14 - scan LAW OFFICES CALLAWAY,BRAUN, RIDDLE &HUGHES P.C. A PROFESSIONAL CORPORATION TIMOTHY F.CALLAWAY,III 301 WEST CONGRESS STREET REPLY TO: DANA F.BRAUN SAVANNAH,GEORGIA 31401 POST OFFICE BOX 9150 R.KRANNERT RIDDLE -- SAVANNAH,GEORGW31412 EDWARD M.HUGHES TELEPHONE(912)238-2750 D.SCOTT PORCH,IV FACSIMILE(912)238 2767 THOMAS E.BRANCH,III Voice Mail Extension-108 E-Mail-BhughesCa)cbrhlaw.com November 6, 2014 VIA EMAIL ONLY Mayor and Council City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31328 RE: Referendum—Public Swimming Pool Dear Mayor and Council: In order to get a grip on the swimming pool issue and the process for having a referendum, I am attaching a Resolution which generally covers the topic and which could appear on the agenda if you would like. There are a lot of nuances which will depend on communications with the legislative counsel's office and, so far at least, I have not been able to communicate with them since they have to have specific authority to discuss anything with me. That authority has to be provided by one of the state legislators and, given that we have been dealing with the election season,it apparently has just not happened. I will follow up,though. In any event, I wanted to point out that Pooler recently had a referendum on whether the city should adopt an ordinance regarding smoke free air. Apparently their council just voted to do it. Although putting a question on a general election ballot would not be of much expense, there are two opinions from the attorney general to the effect that neither counties nor cities are authorized to conduct"straw polls"nor to expend funds in order to do so. I guess if no one complains,there is really no problem doing that; however, I am reluctant to suggest you do that while I am aware of the existence of attorney general opinions that I believe are correct. I think the safest thing to do,if there's going to be a referendum at all, is to act through legislative counsel to develop an appropriate referendum question for the actual ballot. The attached Resolution contains a proposed question,but is likely not the final version which would likely best be developed after consulting with legislative counsel and which would then come back to you in a final form for adoption. Mayor and Council November 6, 2014 Page 2 As things presently stand, it is difficult to develop a referendum question since financing has not been decided nor has a location for the pool been determined. Further, I think that, unless the local legislation calling for the referendum specifically requires it,the outcome of the referendum is not likely to be completely mandatory because circumstances beyond the control of the legislature or the Mayor and Council can always change. In other words, should an act of God occur which makes proceeding impractical or otherwise infeasible, I don't think the City would be forced to proceed regardless of whether the referendum outcome was intended to be binding. If the referendum is tied to a bond issue, however, and bonds are subsequently issued based on the referendum,it would be binding and the City would be required to proceed under most circumstances. _ I'm sorry I cannot make this clearer,but there are a number of unresolved issues. Hopefully, the attached Resolution might provide a starting point. I look forward to talking with you all. With kindest regards, I am Yours very truly, Edward M. Hu: es EMH/md Attachment cc: Ms. Diane Schleicher, via email Ms. Jan LeViner, via email Thomas E. Branch, III,Esq., via email RESOLUTION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND: WHEREAS, the City of Tybee Island is a duly organized municipality within the State of Georgia; and WHEREAS, the City has been investigating the advisability of constructing a public swimming pool; and WHEREAS, no location has yet been determined for the possible construction of a swimming pool; and WHEREAS, interest continues to be expressed in the concept of the construction of a public swimming pool; and WHEREAS,the construction of the swimming pool could involve the expenditure of public funds from various sources, including Special Purpose Local Option Sales Tax, general funds of the City,bond financing and potential grants, among others; and WHEREAS,members of the public, electoral officials and staff have invested significant time and resources regarding the construction of a public swimming pool; and WHEREAS, the elected officials of the City desire to act in the best for all citizens of the City, as well as all visitors thereto; and WHEREAS, it appears that public opinion relating to the construction of a public swimming pool is divided; and WHEREAS, the Mayor and Council desire to seek the input of the public in the form of a referendum to be submitted to the voters and to seek local legislation in order to permit conducting such referendum. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting duly assembled, as follows: RESOLVED,that the local legislative delegation shall be requested to adopt an act authorizing the Mayor and Council of the City of Tybee Island to submit to the voters a referendum question substantially as follows: Should the governing body of the City of Tybee Island continue to pursue sources of financing for the construction,maintenance and operation of a public swimming pool and to investigate an appropriate location for such a pool on public property and to otherwise continue to plan for the construction and operation of a public swimming pool? Yes No IT IS SO RESOLVED,this the day of , 2014. CITY OF TYBEE ISLAND, GEORGIA By: Jason Buelterman,Mayor ATTEST: By: Clerk of Council Tybee/Resolutions/public pool