HomeMy Public PortalAbout140_021_M&C 11.06.14 - scan LAW OFFICES
CALLAWAY,BRAUN, RIDDLE &HUGHES P.C.
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TIMOTHY F.CALLAWAY,III 301 WEST CONGRESS STREET REPLY TO:
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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