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HomeMy Public PortalAbout20140828CityCouncilPacketA Table of Contents 000_000_20140828Agenda2.pdf 1 20I4O828[itv[ound|Packet.pdf Table of Contents 1 000_008_28140828Aoenda 050_010_20l408I4K4inutes 4 060_010_DKluttz-reappointment to HPC request 8 lI I4 16 070_020_Tybee Island Police Department 17 City of Tybee Island Police Department Quarterly Report 17 Statistical Data- APRIL 18 Statistical Data- MAY 19 Slide Number 4 20 Statistical Data-JUNE 21 Slide Number 6 22 Slide Number 7 23 Slide Number 8 24 Slide Number 9 25 Slide Number 10 26 Slide Number 11 27 Slide Number 12 28 Slide Number 13 29 Slide Number 14 30 New Public Safety Building 31 Slide Number 16 32 Slide Number 17 33 In Closing 34 070_040_4th qtr FY 2014 35 PARKING SERVICES 35 Slide Number 2 36 Slide Number 3 37 Slide Number 4 38 Slide Number 5 39 Slide Number 6 40 Slide Number 7 41 Slide Number 8 42 Slide Number 9 43 Slide Number 10 44 Slide Number 11 45 Slide Number 12 46 070_050_Qtr 4 FY2014 DPW Report 8-6-14 47 DPW Quarterly Report 47 Slide Number 2 48 Holidays, Festivals, & Events 49 Total Work Orders & Requests for Work: 92 50 Total Fleet Work Orders: 191 51 Slide Number 6 52 Slide Number 7 53 Slide Number 8 54 Applications & Permits Processed this Qtr. #377 55 Permits and Rentals Summary 56 THANK YOU FOR WATCHING THE DEPARTMENT OF PUBLIC WORKS QUARTERLY REPORT 57 070_060_P&Z Qrtrly Report - Apr-June 2014 58 090_010_Taste of Tybee 63 090_020_CCAR_TybeeSa l utes H e roesS EA 66 090_030_CCAR_MLK Parade 2015 SEA 72 page 2 73 CCAR_MLK Parade 2015 SEA 72 100_010_Request for Bid Proposal - City Hall Renovation - 2014 78 100_011_Request for Bid Proposal - North Beach Restrooms 81 100_012_Layout of St. Simon's Public Restrooms 85 100 020 Resolution for GEFA Loan 88 100_021_Loan Paperwork - 2014 89 100_022_Loan Paperwork Exhibits - 2014 105 100_023_Clk_escrow 119 100_030_Budget Adjustment 122 Budget Form 122 100_060_WWTP Agenda Request - Waste Water Treatment Plant Digester— Engineering Proposal - 123 100_061_WWTP 124 100_070_Agenda Request - GEFA IGA for Deep Well and Well Utility Easement 136 100_071_GEFA - City of Tybee IGA for Coastal Well Project_08-12-14 DRAFT 137 100_072_GEFA Well Utility Easement_08-06-14 DRAFT 146 130_010_Second Reading Ord 50-A-2014; Sec 4-050 special events 148 130_020_Second Reading Ord 43-2014; Sec 3-100 dunes 161 130_030_Second Reading Ord 44-2014; MC Sec 54-5 disposing of litter 164 130_040_46-2014 Sec 66-8 red line; 08.19.2014 168 ARTICLE I. IN GENERAL 168 130_041_46-2014 Sec 66-8 (child seat authorization) motorized carts ord 08.19.14 170 ARTICLE I. IN GENERAL 170 130_050_47B-2014 Sec 34-45 liability ins for carnival operations 07.30.14 174 130_060_48-B-2014 Art 6 Vehicle for Hire redline; Option B 08.19.14 177 130_061_48-B-2014 Art 6 Vehicle for Hire Ord; Option B 08.19.14 188 140_010_su ntrustescrow 199 150_002_STWP Update_11.06.2013 209 150_010_Action Item List -August 2014 218 Sheetl 218 150_011_Top 2014 Goals 219 160 010 Infrastructure Committee Minutes 6. 12. 14 221 160 011 Infrastructure Committee Minutes 7.10.14 223 160_020_Beach Task Force June 19 2014 226 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL AUGUST 28, 2014 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Jan LeViner Pledge of Allegiance IV. Recognitions and Proclamations 1 Employee of the Quarter, Heather Brown, Finance Department V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes, August 14, 2014 VI. Consideration of Boards, Commissions and Committee Appointments 1 Dottie Kluttz, Historic Preservation Committee (re-appointment) VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Tybee Island Tourism Council Report 2 Tybee Island Police Department 3 Tybee Island City Marshal 4 Parking Services 5 Department of Public Works, Facilities 6 Planning and Zoning VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. IX. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License 1 Alcohol License Request— Special Event— Beer, Wine —Taste of Tybee. Savannah Area Chamber of Commerce, September 25, 2014 2 Special Event Consideration, Tybee Salutes Heroes Celebration: November 15 (Parade @ 1PM w/ceremony to follow): 14th Street beachfront parking lot—Tybrisa — Butler — 5th Street & Veteran's Memorial 3 Special Event Consideration, Tybee MLK Parade & Human Rights Celebration: January 10, 2015 (Parade @ 2PM w/celebration to follow): 14th Street beachfront parking lot—Tybrisa — Butler— 5th Street and Cafeteria 20140828CityCouncilPacketA Page 1 of 227 20140823/jrl X. Consideration of Bids, Contracts, Agreements and Expenditures 1 Request for Proposal a) Needs and Security Assessment, City Hall b) North Beach Restrooms 2 Georgia Environmental Finance Authority Loan Agreement 3 Budget adjustment for $7,998.00 for Intoxilyzer. This item was budgeted for in FY2014 and item was purchased, line item 100-3210-54-2100 (Capital Equipment) 4 Acceptance of GOHS Grant, Tybee Island Police Department, Intoxilyzer Grant Reimbursement 5 Public Safety Building Parking Lot Lights Proposals 6 Waste Water Treatment Plant Digester – Engineering Proposal - $82,000—Infrastructure Committee recommended, 3-0. 7 GEFA Deep Well Intergovernmental Agreement and Easement – Infrastructure Committee recommended 3-0 XI. Consideration of Approval of Consent Agenda XII. Public Hearings XIII. Consideration of Ordinances, Resolutions 1 Second Reading, 50A-2014; Land Development Code Sec 4-050(E) and (F) and (0), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events 2 Second Reading, 43-2014; consideration of beach and dune regulations – Sec. 3-100; Beach, Dune or Vegetation Disturbance/Crossover Maintenance and Construction 3 Second Reading, 44-2014, Municipal Code; Sec. 54-5, Damage to and Intrusion upon Property, Consideration of Regulations for Litter 4 Second Reading, 46/2014, Sec. 66-8, Motorized Cart Use 5 Second Reading, 47B-2014, Sec. 34-45, Carnival Operations; special insurance provisions 6 Second Reading, 48B-2014, Article VI, Taxis and Vehicles for Hire XIV. Council, Officials and City Attorney Considerations & Comments 1 Bubba Hughes a) Ratification of SunTrust Documents 2 Jason Buelterman a) AED devices and training b) Emergency Call out protocol c) Tybee Island Pool – Council establish a study group to explore options 3 Paul Wolff a) Resolution to reduce energy use in city government 20% by 2020 b) Solar Survey c) Georgia Environmental Conference 4 Wanda Doyle a) Public Safety Building Update b) Salt Meadows Update c) Recommendations from Beach Task Force dealing with dunes d) Bike path on unopened city right of way 20140828CityCouncilPacketA Page 2 of 227 20140823/jrl XV. City Managers Report 1 Action Item List 2 Short Term Work Plan XVI. Minutes of Boards and Committees 1 Infrastructure Committee Meeting Minutes, June 12 and July 20, 2014 2 Beach Task Force Minutes, June19, 2014 XVII. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XIX. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda,other than public hearings,should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.cityoftybee.orq. THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." I ji THE MISSION OF THE CITY OF TYBEE ISLAND "is to provide a safe,secure and sustainable environment by delivering superior services through responsible planning,preservation of our natural and historic resources,and partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." 20140828CityCouncilPacketA Page 3 of 227 20140823/jrl City Council Minutes 20140814 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 14, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; John Eric Schleicher, Intern, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Meeting, July 10, 2014 • City Council Meeting, July 10, 2014, Second Reading of Millage • Neca Stoller, Historic Preservation Commission (re-appointment) • Paint Georgia Pink for Breast Cancer/Event location: Memorial Park: September 20, 2014; Alcohol License Request — Special Event — Beer and Wine, Huc-a-poo's • RiskJockey Agreement. Discussion: Mr. Garbett asked Ms. Schleicher if the Standard Operating Procedure (SOP) as submitted by Chief Bryson would be further reviewed. Ms. Schleicher replied that Mr. Hughes had made changes so the City would be protected as far as the officers not following their own policy. She will bring the SOP to the next Public Safety Committee Meeting for their input. Mayor pro tem Doyle concurred. Mr. Parks expressed his concerns that residents might feel their liberties are being encroached upon. • Out of state travel, Chief Robert Bryson, Myrtle Beach Special Events Summit, September 21 — 23, 2014. Approximate cost, $400.00. • Third Amendment to Water Tower Attachment Lease Agreement, ALLTEL, Van Horn. Discussion: Mr. Hughes stated this agreement is related to ALLTEL replacing three of their existing antennas and adding three additional. Negotiations took place and it was agreed that there would be an additional $600 per month in rent which would permit them to add the antennas. Mr. Hughes explained that ALLTEL has not applied for a building permit as of yet and has not been reviewed by Hussey, Gay and Bell but will be. He further recommended that mayor and council approve the lease agreement. Mayor Buelterman then asked Ms. Schleicher if these additional funds been included in the budget cycle. Ms. Schleicher stated no as the budget was based on the current lease. She will do a budget adjustment for additional revenue. • DPW Request for a budget adjustment to replace 2000 F150 with a newer used F150. Deduct $6,000 from Building Maintenance (100-1565-52-2201) and add it to DPW Vehicles (100-4210-54-2200). Discussion: Ms. Schleicher stated that the repair for the existing vehicle is quite extensive and it is more economical to purchase a replacement. Mr. Wolff asked if the replacement needs to be an F150 or would a smaller, more efficient vehicle suffice. Ms. Schleicher said that a heavier truck is needed as the heavy construction crew will be using this vehicle. 20140828CityCouncilPacketA Page 4 of 227 20140823/jrl Mayor Buelterman called the regular meeting to order at 7:15PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Fr. Tom Peyton, St Michael's Catholic Church • Pledge of Allegiance Mayor Buelterman invited Karen Reese to come forward to accept a Certificate of Appreciation from B Company, 1St Ranger Battalion, 75th Ranger Regiment, Hunter Army Air Field. Mayor Buelterman thanked Ms. Reese for everything she does for the City. Leigh Burns, Outreach Program Manager & CLG Program Coordinator, Georgia Historic Preservation Division approached mayor and council to present the City with their Certified Local Government Certificate. She extended her thanks to Mayor Buelterman, council members, Historic Preservation Commission, Tybee Island Main Street Program and Tybee Island Historical Society for all the group effort that has led up to this certification. Ms. Burns noted that the City of Tybee Island is Georgia's newest and the 88th certified local government. Mayor Buelterman accepted the certificate and thanked Ms. Burns. Daniel Cary, Director, Historic Savannah Foundation, approached mayor and council to thank the City for their kindness that was extended to Historic Savannah Foundation and hopefully all of Savannah and Chatham County by investing in an economic impact study. This is an undertaking to measure the positive economic impacts of historic preservation in Savannah and Chatham County. This is important to jobs, property values and other associated benefits and it is their intent to prove and demonstrate that preservation does have a positive economic impact. Mr. Cary thanked the City for their financial assistance with this study. Mayor Buelterman thanked Mr. Carry. Mike Hosti, approached mayor and council to address a zoning infraction that he was served with on the property behind his business. He would like to formally appeal the City's decision to pursue legal action. He explained that he has had storage trailers for a number of years which are used for commercial storage. Due to a recent change regarding a public safety rule, a complaint was received from a neighbor. He would ask that mayor and council abate the legal proceedings until he completes the variance process. Ms. Otto responded that the lot on Lovell Avenue is a vacant lot owned by Mr. Hosti and zoned R-2. The commercial use of merchandise being stored there is a violation in the R-2 zone. Ms. Otto continued by stating staff has followed all enforcement requirements and Mr. Hosti has a court date of August 19, 2014. He has also applied for a variance to be granted for commercial use of the property which will be considered by the Planning Commission on August 19, 2014. Mayor pro tern Doyle asked Ms. Otto if it is the intent of Mr. Hosti that he is asking mayor and council to suspend the legal actions for August 19, 2014 until he has had the opportunity to go through the variance process. Mr. Hosti confirmed. He stated that the trailers have been in place for several years and have not been a problem until recently when repairs were made to the corner 20140828CityCouncilPacketA Page 5 of 227 20140823/jrl of 11th Street to allow trucks to return to Butler Avenue from Lovell Avenue instead of retuning in front of the Tybee Island Maritime Academy due to the turning radius of the corners. Mayor pro tem Doyle asked Mr. Hughes if there were any reasons why mayor and council could not suspend the legal actions until the variance process is complete. Mr. Hughes responded yes as basically this is an appeal of the enforcement of staff's decision that what Mr. Hosti is doing is in violation of the current ordinance. Ms. Schleicher stated that due to the application of a variance by Mr. Hosti, staff would not object to a continuance. Mayor Buelterman confirmed with Ms. Otto that staff is comfortable interpreting this in such a way that staff can let the process work itself out and bring back before mayor and council. Ms. Otto made a reference to the Section within the Code which requires that the court hearing be scheduled within 10 — 30 days and this was accomplished by the August 19, 2014 court date. She would not like to see a postponement to be viewed as the City did not meet the requirements of the Code. Mr. Hosti confirmed that items stored in the trailers are commercial inventory. Mayor Buelterman stated that he would recommend that mayor and council allow the variance process to continue. Ms. Otto stated that Mr. Hosti's variance request will be heard by the Planning Commission on August 19, 2014 and will be heard by mayor and council on September 18, 2014. The court date will also be rescheduled. NOT ACTION TAKEN Clay Mobley, Coastal Director of Georgia Conservancy, approached mayor and council to speak in favor of the proposed buffer ordinance. This will be progressive and shows leadership for Tybee Island for others to follow. He stated that a healthy marsh equates to maintaining good property values, great vista and equates to a healthy fishery. Mr. Mobley stated the buffer protects a very valuable resource and would again ask for a favorable vote. Mayor pro tern Doyle asked Mr. Mobley his comments regarding manicured lawns not being allowed as a minor disturbance as gardening is allowed. Mr. Mobley responded that it is his understanding that natural buffer does a better job of filtering than a manicured lawn does. Mayor pro tem Doyle thanked Mr. Mobley for his comments. Skip Sasser approached mayor and council to speak regarding motorized carts. He would ask mayor and council to review the proposed ordinance in respect to the elimination of gas carts. He would ask that gas carts not be prohibited. Dianne Otto approached mayor and council to speak regarding motorized carts. She stated that there are two versions before mayor and council and both prohibit gas powered carts. Ms. Otto would ask mayor and council not to prohibit the gas powered carts for residents. She stated that residents do hear her gas powered cart and aware of her presence where with an electric cart there is little or no noise. Julie Livingston approached mayor and council to speak regarding motorized carts. Ms. Livingston explained she is the owner of the Dixie Pedaler and she does have some gas powered carts that are used for their shuttle service. She would ask that a decision be made 20140828CityCouncilPacketA Page 6 of 227 20140823/jrl equally for commercial and non-commercial use. Ms. Livingston asked that if mayor and council prohibit gas motorized carts that they can be transferrable otherwise it devalues their business. Consideration of Bids, Contracts, Agreements and Expenditures Backhoe & Grader RFP recommendation: $167,600 from Flint Equipment — John Deere model — lowest price and added features. Price is good for 30 days. Recommend financing with a no pre-payment penalty. Mayor Buelterman expressed his thoughts on this item and is aware of the time constraints. He stated that it is his understanding the surplus funds from FY2014 would be used for purchases such as this. It is his desire not to borrow money for purchases when those monies might be available when the FY2014 is closed. Ms. Schleicher replied that if the City were to go forward with the loan, the term of the loan would only be for 1 1/2 months and once the FY2014 is closed the loan would be paid off. Mayor Buelterman wanted to ensure that areas such as Solomon Avenue, North Beach Parking Lot, and all the minor streets and parking lots are maintained with the purchase of this equipment. Mayor pro tem Doyle stated this was part of the CIP during the budget cycle and also denoted on the spreadsheet in the budget packet that it would be a loan. She concluded that if this can be paid off, she is in favor. Mayor pro tem Doyle then asked Mr. Wilson the difference between the open and enclosed cab. Mr. Wilson described the differences which included hours of operation, open and closed cab, and rear ripper from Flint Equipment. Mr. Parks asked for clarification of a proposed motion as to whether mayor and council would recommend waiting to purchase the equipment or moving forward. Mayor Buelterman responded that he was not against borrowing money for a very short period of time. He was concerned about the best use of $170,000. Mayor pro tem Doyle stated that if she is to support this purchase, she needs confirmation from DPW that the City will be taking care of Solomon Avenue on a regular basis as well as the other problem areas on the Island. Bill Garbett made a motion to approve. Wanda Doyle seconded. Discussion: Mr. Garbett asked for a clear accounting of how much the equipment is used to include cost of operation. Mayor Buelterman requested the Clerk of Council add an agenda item to the second meeting in October (October 23, 2014) to evaluate a possible budget adjustment for this purchase. Vote was unanimous, 6-0. Request City Councils' approval to obtain a loan through SunTrust Bank for $170,000 for three years with an interest rate of 1.64% in order to acquire a Grader and Backhoe equipment for the Public Works Department. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous 6-0. Public Safety Building Parking Lot and Street Lighting Layout and Proposal by Georgia Power. Budget Line Item: 100-4210-53-1230 (Public Works — Electricity — Street and Parking Lot Lighting). Mr. Wolff asked Ms. Schleicher why the City isn't purchasing the poles and putting whatever type of lights we want and wiring through the meter. He feels that long term it is the best option, whether solar or LED's. Mr. Wolff continued as he does not feel it is in the City's best interest to commit to Georgia Power for 20140828CityCouncilPacketA Page 7 of 227 20140823/jrl another lease for poles the City owns. He would like a cost analysis and/or overview of what it would cost the City to install fixture of our own with LED and/or solar lights and look at the long term payoff, ROI, compared to how much the City would pay Georgia Power over the life of these lights. Mayor Buelterman stated if the City were to move forward, it would be the same as the street lights where the City pays a per month lease, regardless of how much power you use, so it would behoove the City to use solar. Mr. Wolff confirmed. Ms. Schleicher stated that on the plan before mayor and council, three of the lights are street lights and Georgia Power offered to do LED's or normal cobrahead and she would recommend doing the cobrahead as within a year the City will be part of the pilot program. Ms. Schleicher discussed the lights at Jaycee Park, Volleyball court and softball field as these lights are leased and the program is beneficial to Tybee. Mr. Wolff agreed that wiring needs to be done now and not after the fact. He is only questioning what kind of lights would be put in the parking lot. Mayor pro tern Doyle agreed with Ms. Schleicher and recommended moving forward. Mayor Buelterman suggested that Mr. Wolff work with Ms. Schleicher to research solar lighting options. Ms. Schleicher clarified that Georgia Power will install four LED's in the parking lot to include the three on the street which gives the City an opportunity to capitalize on the pilot program at a lesser rate. Mr. Wolff corrected Ms. Schleicher in saying the City will save money long term doing four LED's whether solar or not in the parking lot and owning the poles. Mayor Buelterman asked if under Option 2, if the City is paying the lease per pole. Mr. Wolff confirmed. Mayor Buelterman stated that it is his understanding that the City take the four poles, put LED's lights in them, the City pay and run through the meter. Mr. Parks asked if research was done, would the City lose Certificate of Occupancy (CO) opportunity. Ms. Schleicher stated that the City would lose the opportunity for the final CO as the parking lot will not be graded. There was a discussion on who would be running the wires in the parking lot, Georgia Power or the City. Ms. Schleicher stated that the final CO is contingent upon the grading of the parking lot. Ms. Otto responded that the City is a long way from a CO for the Public Safety Building as as-builts, drainage plans, etc., have not been provided to staff. Mr. Wolff asked Ms. Schleicher to contact Georgia Power with the following questions: (1) numbers for running the wires to the four light locations in the parking lot, cost if the City owns the lights; (2) how much would Elkins charge to run the wires to the locations; and (3) how would Georgia Power reduce the $2,016.84 if the City runs the wires. Ms. Schleicher concurred. Ms. Otto clarified her previous statement regarding a CO as they have issued a limited access CO to allow dispatch move into the Public Safety Building. The next will be for police staff to move into the building. Mayor Buelterman recommended this agenda item be brought back at the next meeting, August 28, 2014. No action. Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. Public Hearings Text Amendment— 50-2014; Land Development Code Sec. 4-050(E) and (F) and (0), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events. Ms. Otto approached mayor and council to answer any questions. This item is within the Land Development Code District Use Regulations 20140828CityCouncilPacketA Page 8 of 227 20140823/jrl for three difference zoning districts: C-1, C-2, and the South-end Overlay. Previously there were questions regarding how special events were being handled. This item was heard by the Planning Commission and the vote was 5-0 to approve and the option is to require both special and site plan approval in all three of the zones when there is a proposal for a special event. Mr. Parks asked if the process can be done at one time. Ms. Otto concurred that it can be done concurrently. Bill Garbett made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Text Amendment— 43-2014; consideration of beach and dune regulations — Section 3-100; Beach, Dune or Vegetation Disturbance/Crossover Maintenance and Construction. Ms. Otto approached mayor and council explaining there are two paragraphs with red-lines before mayor and council. The Planning Commission considered this agenda item and their vote was to approve, 5-0. The wording is stricken that states "within the jurisdiction of the Department of Natural Resources (DNR) under the Shore Protection Act". This item is before mayor and council to ensure they are aware of how the State determines the Shore Protection Line and if sand dunes are not in the shore protection area, they are not subject to the 10' setback requirement that Tybee Island has imposed on sand dunes. Ms. Otto explained that when DNR determines their jurisdictional line, they take houses that were built at the time the Short Protection Act was adopted and 20' trees and draw a line. She explained that there might be instances where 20' trees are out in the dune area that the State would use to draw their jurisdictional line. Ms. Otto showed diagrams for reference. Mayor pro tern Doyle stated that everyone would like to protect the dunes but she feels that DNR has concerns as there is no one in the audience that participated in a discussion at the onset of the city council meeting. She would like to know if the residents, stake holders, affected been notified of the Text Amendment before mayor and council. Mayor pro tern Doyle stated she is not in favor of this if they have not been notified as with the changes, the regulations become more restrictive. Ms. Otto stated that the public hearings were posted but no other notification was completed as this is an Island wide ordinance, not specific to a parcel, therefore no notification to the stake holders. Mr. Wolff concurred that the manner in which DNR determines the shore protection line is erratic at best and makes no sense from a scientific or shore protection standpoint when looking at the dynamic dune field and the protection that if offers. It is critical that all dunes are protected and this text amendment is correcting the previous version. Ms. Otto stated that DNR does use aerials and monitors the existing trees. She explained that the Tybee Island Charter does have the 18' setback from the seawall and staff does follow that. Mr. Hughes stated that the language in the Charter is unique in that it deals with the former Strand that was on the other side of the seawall. He explained that a problem arose from new construction on the south-end where the seawall was located but the issue was, does the provision apply to the properties. Mr. Hughes continued by explaining that just because there is a seawall does not necessarily mean that there is 18' of set-back off of it. That will be true for most of the front beach. Mr. Hughes quoted from the Charter, "the City retains the right to be able to maintain the seawall and council shall continue to have authority to deed, transfer and quickclaim by resolution all of the right, title, and interest of the City in and to that portion of 20140828CityCouncilPacketA Page 9 of 227 20140823/jrl the beach formerly known as the 'strand' which abuts the property of such property owner eastwardly to within 18' of the seawall, provided that the City and the said property owner shall not utilize the 18' area abutting on the seawall and the land so deeded except for the purposes of repair, maintenance, prevention of erosion, and control of the seawall, groins, beaches and sand dunes." He indicated that this is not a blanket cure and will apply to much of the Island. There was a discussion regarding the jurisdictional line under the Shore Protection Act and vacant lots beach side. Mr. Parks expressed his concerns as there are so many unanswered questions. Mr. Hughes commented that everything between the north and south groin, everything east of the seawall, belongs to the City. Mayor pro tem Doyle stated that the previous text amendment was done in 2008 and has worked, why would there be changes? Ms. Otto responded that she is bringing this before mayor and council to assure there is awareness that there are dunes outside the shore protection area that can be developed. Mr. Hughes quoted from the Beach Rules regarding the prohibition of the disturbance of sand dunes and vegetation. Mr. Garbett stated he has no objection to passing the text amendment on the first reading with the understanding it will come back before mayor and council for second reading. Freda Rutherford approached mayor and council and asked mayor and council to think about when dealing with property rights, is who is going to ultimately going to own the property. Who is going to actually going to live on the Island? She gave examples of residences on the Island where sand has moved as it wants. Mayor Buelterman suggested that mayor and council hold off on a decision, not vote on it, and bring someone in from DNR who has expertise and speak to mayor and council. Mr. Parks made reference to the Shore Protection Ad Hoc Committee that was organized two years ago. Questions were raised and it was determined that there are no satisfactory answers. Ms. Otto stated there is no variance required currently to develop landward of the shore protection line. Paul Wolff made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Mayor pro tem Doyle and Barry Brown. Motion carried 4-2. Mayor Buelterman stated that he would like to find a way to notify property owners on the back side, north, outside of the seawall protected area. Consideration of Ordinances, Resolutions First Reading, 44-2014, Municipal Code Sec 54-5, Damage to and Intrusion upon Property, Consideration of Regulations for Litter. Ms. Otto approached mayor and council stating that this is a municipal code and did not go before Planning Commission. She stated that the City Marshal brought to her attention that the current wording of the ordinance did not prohibit people from using other people's litter receptacles or debris containers as is written. With the insertion of two simple words, this will be corrected. Mayor pro tem Doyle asked for clarification. Ms. Otto explained that if someone dumps their garbage in another's receptacle, this would allow the City Marshal to issue a citation for using someone else's container. Mayor pro tem Doyle stated that the problem may be that the trash containers are not identified thus people use other peoples containers. She hopes that with the efforts of WastePro to identify 20140828CityCouncilPacketA Page 10 of 227 20140823/jrl containers this will help alleviate the problem. Bill Garbett made a motion to approve. Mayor pro tem Doyle seconded. Vote was unanimous, 6-0. First Reading, Sec 66-8, Motorized Cart Use; 45-2014/46-2014. Mayor Buelterman stated that there is good language in the ordinance such as safety issues but there is some level of consensus that individuals should be allowed to use the gas carts moving forward. He would recommend that language be stricken and leave the rest and ensure that children are safe. Mayor pro tem Doyle asked Mr. Schleicher to clarify the two versions before mayor and council. Mr. Schleicher stated that they are identical with the exception of the provision regarding child seats. One version would prohibit children who are required by the State to be in a safety chair or booster seat from riding in motorized carts. The other version would allow for children to be in the front seat of motorized carts if this seat is manufactured approved to be in a lap belt restraint which would prohibit all other safety seats. Mr. Schleicher stated this version was modeled after Lookout Mountain, GA as they have that provision in their ordinance. Mayor Buelterman stated that Option 2 with gas would be logical. Mr. Brown asked for clarification regarding two children in a cart. Ms. Schleicher responded that if they are limited to a front seat, there is a driver seat and passenger seat, so the Lookout Mountain compromise was to allow a booster chair or car seat in that front seat. There are safety issues with the seat facing rear. Mr. Brown asked if the cart had forward facing seats how would it apply. Ms. Schleicher stated as long as the seats are facing forward you could have two or three children in booster seats or car seats. Mr. Wolff commented that he would like to change the language in 4-D, to add "motorized carts are not allowed on bike trails". Paul Wolff made a motion to approve the ordinance by striking the prohibition on gas carts; allow car seats in any forward facing seat with proper seats and lap belts; and under 4D add "or bike trail". Bill Garbett seconded. Discussion: Mayor pro tem Doyle clarified that this would pertain to Option 2. Mr. Wolff confirmed. Vote was unanimous, 6-0. First Reading, 47-B, Sec 34-45, Carnival Operations; special insurance provisions. Mr. Branch approached mayor and council stating that there are two different ordinances before mayor and council. This ordinance relates to shuttle operation vehicles and their insurance requirements. This will be a larger and more comprehensive vehicle for hire ordinance which will alleviate the need for the existing language. Mayor pro tern Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. First Reading, 48A/B, Article VI, Taxis and Vehicles for Hire. Mr. Branch approached mayor and council stating there are two versions before mayor and council, Option A and B. Option A has extra language which was not agreed to by all the representatives at the recent vehicles for hire meeting. This includes color schemes requirements for vehicles for hire and uniforms which are the primary differences. Option B would be identical with the exception of the additional language. Mayor Buelterman asked Mr. Branch what in Option B is different from the existing ordinance. Mr. Branch responded there are several changes as the City of Tybee does not a vehicle for hire ordinance requiring a licensure. There is currently a requirement for 20140828CityCouncilPacketA Page 11 of 227 20140823/jrl insurance on vehicles for hire which was $1M policy where no one else has that requirement to include the City of Savannah. He further explained that with this, the City of Tybee Island is adopting a requirement for all vehicles for hire, a licensing requirement for the operators of the vehicles and a regulatory fee. Mayor Buelterman asked Ms. Schleicher to explain the vehicles coming from Savannah to pick up fares and the requirements for a business license. Ms. Schleicher responded that this is accomplished much like the contractors on the Island where they will need to obtain a contractor registration. Their license will then be honored as long as their license is in Chatham County. Mayor pro tem Doyle stated that she does not see a need for a color scheme as companies will want something that is distinctive to them nor do drivers need a specific colored shirts as they will be required to wear identifying lanyards. She would recommend mayor and council approve Option B. Mayor pro tem Doyle made a motion to approve Option B. Paul Wolff seconded. Discussion: Mr. Wolff commented that he would like in Sec 34-195 (2) (a) to add the language "in writing" as this is not specified. Also in Sec 34-198 (5), stick "on the operators person". Mr. Branch responded that this is a compromise as there are so many types of vehicles; the operators would like to have an option. His final suggestion, in Sec 34-200, specify "photo id" on identification badge. Mayor pro tem Doyle accepted the suggested changes. Mr. Wolff accepted the amended motion. Mr. Garbett made reference to Sec 34-212, Option A, and asked for clarification of the language reference "equipped to seat at least six people, the driver included". Mr. Branch responded that this language was suggested by the stakeholders who attended the meeting. Mayor Buelterman asked if this would eliminate golf carts. Mr. Branch confirmed that it would eliminate golf carts that do not seat at least six people. Mr. Wolff asked Mr. Branch if there is language in either option regulating the number of people riding in a three seater golf cart. Mr. Branch responded that there is nothing in this ordinance that would control this. Ms. Schleicher interjected that this would be considered a moving violation as you would need a seat and a seat belt for each person. Mr. Parks asked if there has been any discussion regarding decorative lighting on the carts. Ms. Schleicher stated this was discussed as well as the noise issue. She continued that the benefits of the lights are visibility. Mayor Buelterman if there is anything in either options requiring noise? Mr. Branch confirmed, Sec 34-208, which indicated you may not have speakers on the outside of the vehicles nor amplified sound that can be heard outside the vehicles. He stated that there is nothing in either option regarding mufflers. Mayor pro tern Doyle amended her motion to include language from Option A, "equipped to seat at least six people, the driver included". Paul Wolff accepted the amended motion. Mr. Garbett clarified that golf carts for hire be equipped to seat at least six people to include the driver. Mayor Buelterman confirmed. Mr. Garbett stated he would like to omit that language as it could limit competition. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tem Doyle and Barry Brown. Voting against was Bill Garbett. Motion carried, 5-1. Second Reading, 13B-2014, Sec 3-080(C) (5), Consideration of residential driveway requirements. Paul Wolff made a motion to approve. Monty Parks seconded. Voting in favor were Paul Wolff, Monty Parks, Mayor pro tem Doyle and Bill Garbett. Voting against were Barry Brown and Rob Callahan. Motion carried 4-2. 20140828CityCouncilPacketA Page 12 of 227 20140823/jrl Second Reading, 34A-2014, Sec 6-080(K), Murals or Scenes; Consideration of sign regulations. Monty Parks made a motion to approve. Mayor pro tern Doyle seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Second Reading, 37A-2014, Sec 5-140(I), Minor Subdivision Plat Approval Procedures; Consideration of minor subdivision procedures. Mayor pro tern Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Second Reading, 38-2014, Map Amendment & Test Amendment, Cedarwood Drive, PIN 4-0002-18-011; Hendrickson & Flaby, owners, Consideration of rezoning one parcel from P-C to R-1. Paul Wolff made a motion to approve. Mayor pro tem Doyle seconded. Vote was unanimous, 6-0. Second Reading, 41-2014, Sec 12-1(a)(9), Use of Municipal Beaches and Facilities. Mayor pro tern Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Second Reading, 39-C-2014; Sec 3-090.1, Buffer Ordinance; City of Tybee Island, petitioner; consideration of buffer regulations. Bill Garbett made a motion to approve as amended by striking language, "manicured lawns". Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Second Reading, 40-2014; Sec 3-090, Schedule of Development Regulations; City of Tybee Island, petitioner; consideration of cross-reference for buffer regulations. Bill Garbett made a motion to approve. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Downtown Development Authority Resolution. Monty Parks made a motion to approve. Mayor pro tem Doyle seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Discussion: Mr. Hughes would like the minutes to reflect that in prior years the City of Tybee had a DDA, this Resolution is not a renewal as it was abandoned as the positions were not filled. Voting against was Barry Brown. Motion carried 5-1. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman stated that he is very concerned with the South-end Sandbar Safety Issues due to the concerns of Chief Sasser as it relates to public safety. Chief Sasser approached mayor and council to address the details of the recent drowning. This incident was 20140828CityCouncilPacketA Page 13 of 227 20140823/jr1 an hour prior to low tide and all conditions were good. He described the incident and the actions of the life guards. The life guards saw no signs of distress prior to his head going under. It was ruled that he had water in his lungs so the incident was ruled a drowning. Chief Sasser expressed his concerns with the upcoming re-nourishment and the visibility of the sandbars. Mayor Buelterman asked how to keep beach goers from going on the sandbars. Chief Sasser stated that it will have to be well posted but the problem also includes boaters, paddle boarders and kayaks. Chief Sasser suggested that the State be brought in for their recommendations. Mayor pro tem Doyle stated she has two questions: (1) can the City include something in the beach rules to preclude individuals from the sandbars; and (2) when the Beach Management Plan is completed, can the City move forward and speak with the DNR to get permission to move sand. This would be a location where we can move sand to the "hot spots". She further agreed with Chief Sasser that DNR needs to be contacted and brought in for their recommendations. Mr. Wolff stated that if that sand was moved from that area, it would exasperate the erosion on the Back River. Mr. Parks recommended that better signage could possibly help the situation by making individuals aware of the dangers. Mayor pro tem Doyle suggested that the Public Safety Committee discuss this at their next meeting. Mayor Buelterman recommended that prior to next summer the City have better signage on the beach. Ms. Schleicher suggested that discussions begin with the Corps of Engineers at the upcoming Beach Task Force meeting. Mayor Buelterman agreed. Diane Schleicher stated that she is working on the two drafts for the Request for Proposal (RFP) one being City Hall Needs and Security Assessment and the North Beach Restrooms. She asked mayor and council to review and send any recommendations to her. Ms. Schleicher explained that the scope for the North Beach Restrooms would be, can we and what is the cost to build a restroom on the ocean side near the middle crossover as opposed to building a restroom in the "A" zone outside the "V" zone closer to the battery. There was a discussion regarding solar lighting and grey water usage. Mayor pro tem Doyle stated she is in favor of these items but she feels that the scope for the restrooms at North Beach is too small. She would recommend a concession area be included as the area needs to be developed. Ms. Schleicher discussed the location, ADA compliance, space needs and concession for the North Beach area. It was agreed that mayor and council will forward their recommendations to Ms. Schleicher for inclusion in the RFP's. Ms. Schleicher will bring back to the second meeting in August. Barry Brown asked James Lanier, WastePro, for an update on services issues as he continues to receive complaints. Mr. Lanier approached mayor and council. He stated the route manager and he have re-routed the Island and this is a work in progress. They have addressed the issues of new drivers and route books as they have now added notes to the route books which helps to ensure all containers are emptied. He thanked mayor and council for their patience with the service issues. Mr. Lanier stated that they are in the process of doing a cross check with containers and addresses which should also assist with service issues. Mayor pro tem Doyle thanked Mr. Lanier for his prompt response time to her recent telephone call reporting a 20140828CityCouncilPacketA Page 14 of 227 20140823/jrl missed pick-up. Mr. Garbett thanked Mr. Lanier for his effort in solving the service issues. Mr. Wolff asked Mr. Lanier on the refrigerator magnets. Mr. Lanier responded that he is working on the suggested changes from Mr. Wolff. He would also like to use recycled materials for the magnets. Mayor Buelterman reminded Mr. Lanier to have the drivers put the carts back on the resident's property and not leave in the street. Mr. Lanier agreed. Mayor pro tern Doyle gave an Update on the Public Safety Building, as dispatch is scheduled to move next week. The 911 System has been installed, staff trained and is up and running. She explained that at the completion of the move in, the old police building will be scheduled for demolition and Elkins is hoping that the parking lot will be completed by the end of September. Mayor pro tem Doyle would like to schedule a ribbon cutting for the beginning of November. She continued to thank the staff for all their hard work with this endeavor as everyone is proud of the new facility. Paul Wolff made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:45PM 20140828CityCouncilPacketA Page 15 of 227 20140823/jrl Dottie Kluttz 1 Officers Row Tybee Island, Ga. To whom it may concern: I am reapplying as a member of the Historic Preservation committee. I have served on it since its inception and would like to see it to the completion of bringing it to the people of Tybee. I have been interested in and protective of the wonderful history of Tybee Island since we moved here in 1979. We restored our home on Officers row,twice. Once to save it and again after it burned in 1984. We cannot believe how lucky we are to live in this wonderful 116 year old house. I have attended conferences, hosted Preservationists and have always been a member of the Tybee Island Historical Society. My professional career has been as a Registered Nurse.At Hospice Savannah, I created the Story Keeping Program, where we record the life stories of our patients and return them to the families on a CD. It has been a much loved program. For The Island's anniversary, I created programs that show-cased the elders of Tybee and told the History of this island. It is on film in the Library. Thank you for this consideration, Dottie Kluttz 20140828CityCouncilPacketA Page 16 of 227 20140823/jrl C 4-0 � ._ o -0 �O > a) �; CO O —, N cu i i ITS "a U0 ireao, ,.. 4‘--- u if •_ 0 O MI" r V� tam 0 ' �, 0 it 73 I■1 VI i Cla "` a) l F- O - U / 20140828CityCouncilPacketA Page 17 of 227 20140823/jr 1 _ a P to ea al Y Of 4r 'a .�, r .% � a 9 _ t O Y •ry ¢ - , .-.rj",,—. .tea_ C O > 'f� • � Q rli N N l0 U v ICI lfl O '— E C) M 0 a) N N - U ird 0 L— X N 0 as O U N N �. 3) •— C Li i U O v .. U C O tM 11 -0 .. U N 01 4-11— f as u V) .0 'U N _C O U Q H > V) J Q 20140828CityCouncilPacketA Page 18 of 227 20140823/jr I k,• W N f II Q y V J IN.ow�. t 4_ s r ' '3 >" . f 4',, < A i 2 .,,, _ ...,,, •,) .„ . . ..„ e. 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Total Revenue * 2010 $ 24,437.00 2011 $ 34,007.75 2012 $ 29,377.00 2013 $ 61,681.00 2014 * Building Permits, Accounts Receivable and Zoning Actions 3 20140828CityCouncilPacketA Page 60 of 227 20140823/jrl 08/20/2014 Planning & Zoning Department Oct. - Dec. Total Revenue * 2010 $ 34,226.15 2011 $ 34,421.65 2012 $ 46,274.65 2013 $ 80,829.65 2014 * Building Permits, Accounts Receivable and Zoning Actions Planning & Zoning Department $90,000.00 $80,000.00 $70,000.00 $60,000.00 -8.-2010 $50,000.00 >>� A -6-2011 $40,000.00 -- r 2012 X2013 $30,000.00 -- 2014 $20,000.00 $10,000.00 $0.00 - IQ 2Q 3Q 4Q 4 20140828CityCouncilPacketA Page 61 of 227 20140823/jrl PLANNING & ZONING DEPARTMENT Quarterly Report 04/01/2014—06/30/2014 BUILDING PERMITS REVENUE THIS QUARTER BUILDING PERMITS NEW YTD REVENUE 2011 Permits * -- 1ST Quarter 224 $61,182.90 2012 Permits * -- 2"d Quarter 245 $58,584.50 2013 Permits * $2,347.00 3rd Quarter -- -- 2014 Permits $56,237.50 4th Quarter -- -- TOTAL $58,584.50 TOTAL 469 $119,767.40 *Re-inspection fee,engineering fee,added scope/value,etc. NEW CONSTRUCTION YTD SINGLE-FAMILY DUPLEX COMMERCIAL REVENUE 1sT Quarter 4 -- -- $34,130.25 2nd Quarter 4 -- -- $27,833.50 3rd Quarter -- -- -- -- 4th Quarter -- -- -- -- TOTAL 8 -- -- $61,963.75 ACCOUNTS RECEIVABLE PROCESSED REVENUE Engineering fees 2 $787.50 TOTAL REVENUE THIS QUARTER Building Permits $58,584.50 ZONING ACTION PROCESSED REVENUE Accounts Receivable 787.50 Site Plan 6 $2,250.00 Zoning Actions 2,700.00 Site Plan with Variance 0 __ QUARTER TOTAL $62,072.00 Variance 2 $200.00 TOTAL REVENUE YTD 2014 Administrative Variance 0 -- f Quarter $63,170.40 Special Review 1 -- 2"d Quarter $62,072.00 3`d Quarter -- Subdivision/ Recombination 2 $250.00 4th Quarter Administrative Subdivision 0 -- YTD 2014 TOTAL $125,242.40 Map Amendment 1 -- Text Amendment 10 -- TOTAL 22 $2,700.00 STAFF TRAINING Jerris Bryant ICC Zoning Inspector certification—04/09/2014 Customer Service training, City of Tybee Island—05/01/2014 Dianne Otto How to Manage Emotions& Excel Under Pressure, National Seminars Training,Atlanta—04/09/2014 Coastal Study Overview, BakerAECOM webinar—04/17/2014 CEMA Chatham County Hurricane Conference, Savannah—04/22/2014 American Planning Association 2014 National Conference, Atlanta—04/26/2014 to 04/30/2014 Zoning Procedures& Economic Development, Coastal Regional Commission, Darien—05/08/2014 How to Handle Conflict& Confrontation, National Seminars Training,Atlanta—05/30/2014 Community Rating System (CRS), Coastal Regional Commission webinar—06/18/2014 Communications—Elected Officials&Staff Relationships, Carl Vinson Institute of Government,Tybee Island—06/19/2014 Ray Hord CEMA Chatham County Hurricane Conference, Savannah,GA—04/22/2014 20140828CityCouncilPacketA Page 62 of 227 20140823/jrl MAYOR a�a CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem ` Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M. Hughes Monty Parks ,* Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:0013111 on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 28, 2014 Item: Alcohol License Request-Special Event-Beer, Wine— Taste of Tybee. _ Explanation: _ Savannah Area Chamber of Commerce Dates of event: September 25,2014 Budget Line Item Number(if applicable): Paper Work: X Attached* AudioNideo Presentation** * Electronic submissions are requested but not required. Please email to i lev in a r(a;c itv o ftv bee.o rg. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Sharon S. Shaver Phone 1 Email: 912 472-5072/sshaver(a cityofybee.org Comments: Date given to Clerk of Council August 20, 2014 P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 20140828CityCouncilPacketA (866) 786-4573Pa f(866) 786-5737 20140823/jr1 www.cityoftybee.org r , r, CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION s i ' Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beer/Wine—Package Sales Only,Consumption on Premises Prohibited S 350 a license shall be a Retail Beer/Wine—`Sale by Drink for Consurr Qn on Premises Only 575 citizen of the United Retail liquor—Sale by Package Only,Consumption on Premises Prohibited 850 States,ha a County,resident of Retail Liquor—Sale by prink for Consumption on Premises Only 1,250 Chatham of the business ins owner of the hu5iineSs Retail Liquor—Sale by Package&Drink both in One Building under One Ownership 2,000 or if a corporation, Sunday Sales of Alcoholic Beverages 15(t Wholesale Beer 765 partnership or other legal entity is the Wholesale Liquor 1,500 owner, a substantial Wholesale Wine 150 and major stockholder Distiller,Brewer,or Manufacturer of Alcoholic Beverages _ 300 or the applicant may be ,Special Event—Public or Private Property-Beer,Wine(no current license)per event 50 the manager of the Special Event—Public or Private Property-Beer,Wine(no cur lent license)3 days 100 business charged with Special Event—Public or Private Property-Beer,Mine(holding current license)per event 10 - the regular operation of Special Event—Business Property—Beer,Wine,Liquor(no current license)per event 50 said business on the Special Event—Business Property—Beer,Wine,Liquor(no current license)3 days 100 premises for which the Special Event—Business Property—Beer Wine;Liquor(holding current license)per event _ 10 acense is issued. ll I �, �} A Business Name ,1E► ocir+..irMN . diT irllf . 717 : _ r Location IeralWlagatri l�_ J �t �I■l� 1 Mailing Acl,ress FAlar �, �t�r7 .'.v!■`,i.'�!'I/tl t ! i�I. i I`�.i� Phone 'i�r !Lr �'1� J! ill : . .l �t a. tiii ; .Cote) Names and Home Addresses of Owners,Partners or Corporate Officers with Ten Percent(10%)Interest in Business Names(attach additio•al pages if necessary) Date of Birth Home Addresses City,State,Zip Social Security#fli Is business incorporated? State. Incorporation Date Incorporated I r Li (/� U d9fj/, CI' i Names of landlord of the . -1 5s imam r�. • .il_l-rl t�a Address FP—, al ;�,t_ Phone 1t ar What other business is conducted at this location? ■ A Has application been made for required State and Federal II- - ?Li al P 1 Pi , k?.,!1 L' iii...t ti f Has applicant,any person connected with,or any person having an Interest in this h " o ever been convicted of any violation of law other than for a traffic violation? o ever served time in prison or other correctional institution? 0. _ o ever had an alcohol beverage license suspended or revoked at any time In any location?, ii0 (if answer is yes,give details) If this application is for RENEWAL of an existing license,enter License Number of existing license If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? 0 If yes,submit additional affidavit. ALL OF THE FOREGOI INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY,KNOWIN NI) ,:c.. Y,AND THE SAME IS r I)ARE HER SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW. Applicant Signatu LI ,A..'--► Date 4 1 . 1 ring at Signature Date City Manager Soo. } o a- a'. before me this .4; -. day of r , if Zoning ObiPolice �l 1\Ir a i City Council Notary 'uhlic 20140828CityCouncilPacketA Page 64 of 227 20140823/jrl The CONSENT FORM is required for ALL alcohol license applications. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE I5LIWD POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHIO1 MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE IT RIMER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND re to I OF THE CITY OF TYBEE ISLAND,REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION., \„ tboxn 1F W FULL AME(PRINT) SEX / RACE / ETA-4 OF BIRTH It13 Ctibb 404,44 - • F 1-w1 S CURm' i BER ,L IAA 12, beit CITY,STATE,ZIP - a'ATURE f DATE. The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEMENT I dedare knowledge and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled- 'ts b the dri • the amount of three percent of the charge the public for a beverage. i c.. 121 Z.O RE DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. COON OF GEORGIA CHAT /)f) (�{./ y,5 COUNTY OF CHATHAM ',`� 1 4< CTTY OF TYBEE ISLAND - f S 73 AFFIDAVIT I, , do hereby make this affidavit to be part of my appifcation for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at Tybee Island, Georgia. 1 am the of the establishment known as I hereby further state that at least fifty percent (50%) of the total annual gross food and beverage sales are derived from the sale of prepared meals or food. SIGNATURE DATE Approved f Denied Chief of Police 1s-t; A Date 20140828CityCouncilPacketA Page 65 of 227 20140823/jrl MAYOR CITY MANAGER Jason Buelterman 4 - - ) Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem .mod . ; Janet LeViner Barry Brown Callahan CITY ATTORNEY Bill Garbett .f Edward M.Hughes Monty Parks r* I %`. Paul Wolff 4171D oci' CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 8/28/14 Category: Special Event Consideration Item: Tybee Salutes Heroes Celebration: November 15 (Parade (a 1pm w/ceremony to follow); 14th Street beachfront parking lot—Tybrisa—Butler—5th Street & Veteran's Memorial Organization: City of Tybee Island Explanation: Application is attached. Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to i leviner(kcityoftybee.o rg. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton Main Street Coordinator Phone/Email: 912-844-9771 /cmorton(ccityoftybee.org Comments: Date given to Clerk of Council 7/29/14 * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 , City of 1 Ethics www.cityoftybee.org 44, if 20140828CityCouncilPacketA Page 66 of 227 2trf4if$Z3/jrl MAYOR ; I `�5. CITY MANAGER Jason Buelterman �'� _; Diane Schleicher ,. -• fir' CITY COUNCIL . 11- 1 CITY CLERK Wanda Doyle,Mayor Pro Tem s1 Janet LeViner Barry Brown ry. Rob Callahan .=` CITY ATTORNEY Bill Garbett .i'r Edward M.Hughes Monty Parks Paul Wolff CITY OF TYBEE ISLAND SPECIAL EVENTS APPLICATION The City of Tybee Island recognizes that special events play a significant role in the life of the community. Special events enhance the community by providing recreation,cultural and educational opportunities to residents and tourists and they attribute to the economic health of the community. It is our goal to assist event organizers in planning safe and successful events that have a minimal impact in the areas surrounding the event. By keeping the public's best interest in mind, persons or organizations wishing to host a special event upon public property or private property requiring City Services,special permitting and/or vendors must first be granted approval from the City Council and/or the City Manager. The Special Event application shall be completed with all requested information completed and submitted for consideration at least sixty(60)days prior to event. Events with 75 or more people upon public property or private property requiring City Services,special permitting and/or vendor permits that are not for the non-profit organizer of the event require approval from the City of Tybee Island. No more than one event per day will be permitted due to limited infrastructure and city resources. In order to ensure a smooth review process for permission to have a Special Event,the applicant will receive direction from applicable City Departments,City Manager and Main Street Coordinator. Prior to the application being submitted for City Council consideration (if applicable),all concerns and details must be addressed, confirmed by the organizer and accepted by designated City Staff of impacted departments. Note: Applicant must meet with the Main Street Coordinator or his/her designee at time of submitting application. Additional meetings may be required. Today's Date: July 8, 2014 Application Fee Submitted: N/A *A non-refundable Special Event application fee of$50 is required at time of application submittal for processing and consideration. Checks or money orders should be made payable to the City of Tybee Island. SECTION 1: EVENT INFORMATION 1. Name of Event: Tybee Salutes Heroes Celebration 2. Date and time of event: Saturday, November 15,2014: Parade @ 1pm,Ceremony following parade • Setup: Date/Time period November 15 C' 11:30am • Breakdown: Date/Time period November 15 by 5:30pm 3. Location(s): Parade route as noted in Sec.4-12&at Veterans Memorial at Memorial Park A site plan of the event area drawn to scale and depicting all event structures is required at time of application submittal. A Letter of Permission (LOP)from Georgia Department of Natural Resources(http://coastalgadnr.org/sendemail) is required for events with beach usage and/or within the Shore Protection jurisdiction(i.e. beach side parking lot areas,etc.)fifteen (15)business days prior to the event. The event is subject to cancellation without an LOP as noted. 4. Organization: City of Tybee Island ❑ Commercial? o Non-profit/Tax Exempt?(Non Profit Status/GA Tax Exempt Certificate must be attached.) 5, Phone number and/or website for public event information: 912-667-9844 6. If location and/or activities impact merchants and/or residents,written documentation is required as noted in Section 5. 7. Organizer/Applicant: Wanda Doyle Address: PO Box 2749 City: Tybee Island State: GA Zip: 31328 Contact Phone: 912-667-9844 Email: wandaddoyle@gmail.com Organizer/Applicant listed above must be in attendance and readily available for the duration of the event. P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 20140828CityCouncilPacketA (912) 472-507 ace 6 2 x 7$6-9539 20140823/jr1 www.cdpitVbee.org tyDee.org SECTION 2: EVENT DETAILS 1. Is this event... X Open to the public ❑ Private Invitation only 2. Describe the event and its goals: To recognize and honor those serving our country. 3. Estimated number of people to attend and what this is based on: 200 4. Is there an admission fee for attendees? X No ❑ Yes-Fee will be: A preliminary budget is due with application. (refer to Section 7: Financial) 5. Have you ever done this event before? If yes, list dates and locations: This will be the first year. 6. Describe parking arrangements during event in detail: Public parking. Please attach a drawing of parking plan. Organizer may be required to run a shuttle if a parking lot is closed for the event. 7. List event sponsors and marketing plan: Sponsors: City of Tybee Island,American Legion; Marketing: Social media, posters, PSAs 8. List any additional contact person(s)and their phone numbers involved in the planning of this event. Sharon Shaver: 912-472-5072 9. What plans exist for clean up and recycling?(Disposal of grease,trash,etc.) N/A 10. Please list any entertainment,bands,emcees or onsite promoters attending this event. An emcee will be at the Veterans Memorial for announcements Describe sound equipment: small PA system SECTION 3: REFERENCES 1. Please list your previous special event and/or hosting organization's experience in producing events. Assist with Irish Heritage Celebration Parade,Christmas Parade and many other events throughout the year. 2. Please list two(2)references excluding City Officials and Staff: a. Name: Chuck Bolen Address: American Legion Phone: 912-257-0903 b. Name: Diane Kaufmann Address : Mermaid Cottages Phone: 912-313-0784 20140828CityCouncilPacketA Page 68 of 227 20140823/jrl Page 2 of 8 City Council Approved:February 14,2013;updated September 2013 SECTION 4: OTHER REQUESTS (Check the boxes below and provide additional information if applicable.) 1. ❑ Vendors(Organizer must submit all Vendor Applications with payment no later than two[2]weeks prior to event. Chatham County Health Department must be contacted for approval of food vendors in accordance with their regulations.) 2. X Department of Public Works(DPW) Request(s)(DPW approval required;staffing/equipment fees may apply) DPW Item Amount needed Total hours needed Traffic Cones As deemed nec. Barricades As deemed nec. Traffic Barrels As deemed net. Trash cans Recycling containers Port-a-lets Sweeper Vac Truck Fire ant treatment Dump Truck Back-hoe List other services that are requested. Costs will be determined. 3. ❑ Street Closures(Tybee island Police Department(TIPD]approval required.) a. List requested streets: 4. X Special parking/parking pass request(s)(Parking Service Division approval required.) a. Please describe: 50 parking passes requested for military participants and their families. 5. ❑ Commercial truck parking a. Please describe: 6. X Police Detail(TIRO approval required;staffing/equipment fees may apply) a. Please describe: Request police lead the parade. (If off duty police officers are hired,organizer is responsible for contracting directly with the individual[s] and paying fees direct as agreed upon.) 7. ❑ Alcoholic Beverages(License Application should be submitted to the Administrative Assistant to the City Manager. Approval is required by City then State.) 8. ❑ Fire Detail/Inspection (staffing/equipment fees may apply) a. Please describe: (If off duty fire department staff/volunteers are hired,organizer is responsible for contracting directly with the individual(s)and paying fees direct as agreed upon.) 9. ❑ Fireworks(TIFD, Chatham County and U.S. Coast Guard notification/approval required. Special application from Applicant due to USCG at least 135 days prior.) 10. ❑ Additional Security a. Please describe: 11. ❑ Petting Zoo a. Please describe: 20140828CityCouncilPacketA Page 69 of 227 20140823/jrl Page 3 of 8 City Council Approved:February 14,2013;updated September 2013 SECTION 4: OTHER REQUESTS(CON'T.) (Check the boxes below and provide additional information if applicable.) 12. X Parade/Procession(TIPD approval required;staffing/equipment fees may apply) a. List requested parade staging area and route: Staging: 14th Street beachfront parking lot; Parade Route: 14th Street lot to Tybrisa Street to Butler Avenue to 5th Street (*Parades are required to start on Saturdays no later than 3:00pm with the exception of the Beach Bum Parade. Participants must adhere to safety guidelines.) 13. ❑ Amusement Rides(Insurance from providing company is required no later than two[2]weeks prior to event.) 14. ❑ Temporary Structure(i.e. tents,booths,stage, etc.) a. Please describe: (Application for permitting of structures exceeding 10'x 10;stages,booths and the like are required through the Planning& Zoning Department. Completed application with required documentation must be submitted no later than thirty[30]days prior to the event.Structures are not permitted without approval from the Planning&Zoning Department. Fees apply.) 15. ❑ Electrical needs(fees may apply) a. Please describe: 16. ❑ Filming request(Permit application should be filed with Facilities Coordinator. Approval is required.) 17. ❑ Banner request(Permit application should be filed with Facilities Coordinator. Approval is required.) 18. ❑ City Facility request(Permit application should be filed with Facilities Coordinator. Approval is required.)\The Walter W. Parker Pier and Pavilion is managed by Chatham County Parks&Recreation. Reservations for use of this facility must go through their office. SECTION 5: ADDITIONAL REQUIREMENTS A non-refundable Special Events application fee is required at time of application submittal. The application will not be processed without the application fee of$50.00. Checks should be made payable to the City of Tybee Island. If the applying organization is tax exempt,a GA Tax Exempt Certificate must be submitted with the application. The Organizer/Applicant is responsible to notify merchants and/or residents impacted by the proposed event location(s) and activities. Organizer/Applicant must provide written documentation confirming notification and acceptance of merchants and/or residents prior to the event application being submitted for City Council approval. Insurance,as indicated below,is required at least two(2)weeks prior to the Event. Failure to provide insurance will result in the cancellation of event. PRIVATE PROPERTY PUBLIC PROPERTY Organizer is responsible to obtain PRIVATE necessary insurance as deemed Signed Indemnification INVITATION Agreement required. appropriate by the property owner. Signed Indemnification Agreement required. Signed Indemnification Agreement Organizer is responsible to obtain required and a necessary insurance as deemed $1 million certificate of insurance,with the OPEN TO appropriate by property owner. City of Tybee Island listed as additional insured and certificate holder. THE PUBLIC * If use of the Walter W. Parker Pier and Pavilion is part * If use of the Walter W. Parker Pier and Pavilion is of the event,a$1 million certificate of insurance,with Chatham County Parks& Recreation listed as an part of the event,a$1 million certificate of insurance, additional insured and certificate holder is required. with Chatham County Parks&Recreation listed as an additional insured and certificate holder is required. The application will go through the review process again if substantial changes are made or additional needs are requested. Additional application fees will result with additional meetings. 20140828CityCouncilPacketA Page 70 of 227 20140823/jr1 Page 4 of 8 City Council Approved:February 14,2013;updated September 2013 SECTION 6: INDEMIFICATION AGREEMENT AND ACCEPTANCE TO ADHERE TO APPLICATION REQUIREMENTS I, individually and as the Agent representing the Event Organization,do hereby agree to indemnify and hold harmless the City of Tybee island, Georgia,its officers,agents,employees and contractors from and against any and all loss,damage,claim, demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with the occupancy or use of listed event premises during the time period of said event. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage, except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city,and shall include all costs,expenses and liabilities incurred by the City in connection with any such claim, suit,action or cause of action,including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier termination of the use of premises. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges,and imm�uunities as set forth in Georgia Statutes and/or the Constitutio of the State of Georgia. Organizer/Applicant's Signature: V 4" " +/h4---- /6) - Date: I Aw w1O nll ' INTERNAL USE BELOW. Staff signatures for City Departments listed below indicate the event application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. Event application review with organizer and staff with impacted department(s): '1121114 Follow up meeting(s as noted: A tf City Manager and/or Designee Date Finan e kctor and/or Designee Date cD91 2,1 - i ce - .2 *--- PI mg&Zoning Manager and/or Designee Date ater&Sewer Department Supervisor and/or Designee Date - 6-5,A 4G/Ato D Chief o Plice an / r D s gnee Date Campground Manager and/or Designee Date (2- —7(2,77/ 7 7/,_27/1- _744(-2 Chief of Fire Department and/or Designee Date Deportment of Public Works Director and/or Designee Date COMMENTS: DATE APPROVED BY CITY COUNCIL: ADMINISTRATIVE APPROVAL(as applicable): Main Street Coordinator: Date: City Manager: Date: 20140828CityCouncilPacketA Page 71 of 227 20140823/Y1 Page 5 of 8 City Council Approved:February 1d,2013;updated September2013 MAYOR MI !,f', CITY MANAGER Jason Buelterman 70 41 Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem a �- ,r'ti' Janet LeViner Barry Brown Rob Callahan ' CITY ATTORNEY Bill Garbett y . � Edward M.Hughes Monty Parks I ',w Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 8/28/14 Category: Special Event Consideration Item: Tybee MLK Parade & Human Rights Celebration: January 10, 2015 (Parade (a 2pm w/celebration to follow); 14th Street beachfront parking lot—Tybrisa—Butler—5tn Street & Cafeteria Organization: Tybee MLK Committee Explanation: Application is attached. Budget Line Item Number (if applicable): Paper Work: X Attached* Audio/Video Presentation** Electronic submissions are requested but not required. Please email to ileviner(a7cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton, Main Street Coordinator Phone/Email: 912-844-9771 /cmorton(h cityoftybee.org Comments: Date given to Clerk of Council 7/29/14 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573--FAX (866) 786-5737 , City of Ethics f www.cityoftybee.org A7 aye 4��>-�' 20140828CityCouncilPacketA Page 72 of 227 201823/jr1 CITY OF TY8EE MAYOR ggE r .' r "- AGER Jason Buelterrnan REf 8= 004o 317 IIwE� �C1C H 9 ry AN: 125.000 Eper Event Fwh: CITY COUNCIL r 0 ER lad TERM: BMITY CLERK Wanda Doyle,Mayor Pro Tern a'=4 REF#, 5B2 Janet LeViner Barry Brown , MALI' PARADE i/111/1S Rob Callahan Event FerakiE W',?TTORN.I''ti r R Bill Garhett 4t&- �; " TENDEF'FI Edw Ufd f j.Itu ;.(S Monty Parks 441/ oof-rotiy, `' APPLIED: 5Ci,r t]- Paul Wolff flrE Q,r€ij CITY OF TYBEE ISLAND SPECIAL EVENTS APPLICATION The City of Tybee Island recognizes that special events play a significant role in the life of the community, Special events enhance the community by providing recreation, cultural and educational opportunities to residents and tourists_and they attribute to the economic health of the community. It is our goal to assist event organizers in planning safe and successful events that have a minimal impact in the areas surrounding the event. By keeping the public's best interest in mind, persons or organizations wishing to host a special event upon public property or private property requiring City Services,special permitting and/or vendors must first be granted approval from the City Council and/or the City Manager. The Special Event application shall be completed with all requested information completed and submitted for consideration at least sixty(60)days prior to event. Events with 75 or more people upon public property or private property requiring City Services,special permitting and/or vendor permits that are not for the non-profit organizer of the event require approval from the City of Tybee Island. No more than one event per day will be permitted due to limited infrastructure and city resources. In order to ensure a smooth review process for permission to have a Special Event,the applicant will receive direction from applicable City Departments, City Manager and Main Street Coordinator. Prior to the application being submitted for City Council consideration (if applicable),all concerns and details must be addressed, confirmed by the organizer and accepted by designated City Staff of impacted departments. Note: Applicant must meet with the Main Street Coordinator or his/her designee at time of submitting application. Additional meetings may be required. ®e) Today's Date: �f '/7 � / , 2--0/y/ Application Fee Submitted: r ©, *A non-refundable Special Event application fee of$50 is required at time of application submittal for processing and consideration. Checks or money orders should be made payable to the City of Tybee Island. SECTION 1.: EVENT INFORMATION %� 1. Name of Event: _ �I Kerr / �,f�€ '� ✓ /a/iziV ✓8j �reArs - ?. Date and time of event: %�/14,/,9.e /0 go /5 Setup: Date/Time period /1?it/OT CIS ' C n -' /d/ fT. 6-67 '4/.,20/4' • Breakdown: Date/Time period 4-5'1m7422. '?4i(,,gp (1446,i aL 3. Location(s): 7-V i 72 i''F& T ore I'v ,.or ? 7'1/6 fQ 8+469ekr • A site plan of the event area drawn to scale and depicting all event structures is required at time of application submittal. ▪ A Letter of Permission (LOP)from Georgia Department of Natural Resources(http://coastalgadnr,org/sendemail) is required for events with beach usage and/or within the Shore Protection jurisdiction (i.e. beach side parking lot areas, etc.)fifteen (15) business days prior to the event. The event is subject to cancellation without an LOP as noted. r� 4. Organization: /-96' ) 5—'0 / ( 3 /'C b )46 . ❑ Commercial? ie'<on-profit/Tax Exempt?(Non Profit Status/GA Tax Exempt Certificate must be attached.) 5. Phone number and/or website for public event information: %v8EC/t1 L. e A/?3 C. evis`. 6. If location and/or activities impact merchants and/or residents,written documentation is required as noted in Section 5. 7. Organizer/Applicant: 7—tAI ✓/Q 6-#4� Address ` J 1 TN Sr- 6—e-t" City: -y,,66-e' /S.44r46 - State: Zip: 3/3.2g Contact Phone: Q/" - 'Y/5 --° 3o Email: +`.ho/u A a e Q QI. Le"# Organizer/Applicant listed above must be in attendance and readily available4ar the disration of the event. P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (912)472-5071—FAX(912)786-9539 www.eityoftybee.org 20140828CityCouncilPacketA Page 73 of 227 20140823/jrl SECTION 2: EVENT DETAILS 1. Is this event... aJ Open to the public ❑ Private Invitation only 2. Describe the event and its goals: GO.ri� 727 Cerro Z .- ! .4,t7 /� 4'—je/"' kin/4 .,f- Cvinma,1 f' 3. Estimated number of people to attend and what this is based on: Z 64s ED Q 41 41'4s7"f 4. Is there an admission fee for attendees? ❑ No XYes-Fee will be: . A preliminary budget is due with application. (refer to Section 7: Financial) 5. Have you ever done this event before? If yes,list dates and locations: y /5/'_2 O, 6. Describe parking arrangements during event in detail: 6 l S 7 u/ .4' use" 10 9r +M • , e-4 u c 7'4!(7 f 4 r szs' !///) Please attach a drawing 6f parking plan. Organizer may be required to run a shuttle if a parking lot is closed for the event. viz/64 7. List event sponsors and marketing plan: © ji/ l,��t JC�tl► �' r�I �x' � 71 —/14—&-i 49.s !,1- . 8. List any additional contact person(s)and their phone numbers involved in the planning of this event. 7)AA)9 ill 144 ( a) 8f -?9 90 9. What plans exist for clean up and recycling?(Disposal of grease,trash,etc.) IrCJ,C 14/4i/F 4 10. Please list any entertainment, bands,emcees or onsite promoters attending this event. e, Ynech 4 84rubC5/2-ixbLz Describe sound equipment: 5Wien.e? i.��-e-pn ✓ - SECTION 3: REFERENCES 1. Please list your previous special event and/or hosting organization's experience in producing events. 4,957- '41,s/0 77i,oteed °' - 2. Please list two(2)references excluding City Officials and Staff: a. Name: Address: Phone: b. Name: Address Phone: Page 2 of 8 City Council Approved:February 14,2013;updated September 2013 20140828CityCouncilPacketA Page 74 of 227 20140823/jrl SECTION 4: OTHER REQUESTS (Check the boxes below and provide additional information if applicable.) 1. ❑ Vendors(Organizer must submit all Vendor Applications with payment no later than two[2]weeks prior to event. Chatham County Health Department must be contacted for approval of food vendors in accordance with their regulations.) 2, ❑ Department of Public Works(DPW) Request(s)(DPW approval required;staffing/equipment fees may apply) DPW Item Amount needed Total hours needed Traffic Cones Barricades Traffic Barrels Trash cans Recycling containers Port-a-lets Sweeper Vac Truck Fire ant treatment Dump Truck Back-hoe List other services that are requested. Costs will be determined. 3. ❑ Street Closures(Tybee Island Police Department[TIPD]approval required.) a. List requested streets: 4. ❑ Special parking/parking pass request(s)(Parking Service Division approval required.) CR-44)15 a. Please describe: 1CJ P4gsl .s- 6vie i//f' .zi.gie . 5. ❑ Commercial truck parking a. Please describe: 6. ❑ Police Detail(T1PD approval required;staffing/equipment fees may apply) a. Please describe: (If off duty police officers are hired,organizer is responsible for contracting directly with the individual[s]and paying fees direct as agreed upon.) 7. ❑ Alcoholic Beverages(License Application should be submitted to the Administrative Assistant to the City Manager. Approval is required by City then State.) 8. ❑ Fire Detail/Inspection(staffing/equipment fees may apply) a. Please describe: (If off duty fire department staff/volunteers are hired,organizer is responsible for contracting directly with the individual(s)and paying fees direct as agreed upon.) 9. ❑ Fireworks(TIFD.. Chatham County and U.S. Coast Guard notification/approval required. Special application from Applicant due to USCG at least 135 days prior.) 10. ❑ Additional Security a. Please describe: 11. Q Petting Zoo a. Please describe: Page 3 of 8 Ceti!Council Approved:February 14,2013;updated September 2013 20140828CityCouncilPacketA Page 75 of 227 20140823/jrl SECTION 4: OTHER REQUESTS(CON'T.) (Check the boxes below and provide additional information if applicable.) 12. L`J Parade/Procession (TIPD approval required;staffing/equipment fees may apply) a. List requested parade staging area and route: 6-C P/£R- 7 7 (*Parades are required to start on Saturdays no later than 3:00pm with the exception of the Beach Bum Parade. Participants must adhere to safety guidelines.) 13. ❑ Amusement Rides(Insurance from providing company is required no later than two[2]weeks prior to event.) 14. ❑ Temporary Structure(i.e. tents,booths,stage, etc.) a. Please describe: (Application for permitting of structures exceeding 10'x 10',stages, booths and the like are required through the Planning& Zoning Department. Completed application with required documentation must be submitted no later than thirty[30]days prior to the event.Structures are not permitted without approval from the Planning&Zoning Department. Fees apply.) 15. ❑ Electrical needs (fees may apply) a. Please describe: cePa171, y$Te r'Ovi} , Ef/c)61Q d- c05 r s'ryj,fj�' /" 16. ❑ Filming request(Permit application should be filed with Facilities Coordinator. Approval is required.) 17. ❑ Banner request(Permit application should be filed with Facilities Coordinator. Approval is required.) 18. l]0 City Facility request(Permit application should be filed with Facilities Coordinator. Approval is required.)\The Walter W. Parker Pier and Pavilion is managed by Chatham County Parks&Recreation. Reservations for use of this facility must go through their office. SECTION 5: ADDITIONAL REQUIREMENTS A non-refundable Special Events application fee is required at time of application submittal. The application will not be processed without the application fee of$50.00. Checks should be made payable to the City of Tybee Island. If the applying organization is tax exempt,a GA Tax Exempt Certificate must be submitted with the application. - The Organizer/Applicant is responsible to notify merchants and/or residents impacted by the proposed event location(s) and activities. Organizer/Applicant must provide written documentation confirming notification and acceptance of merchants and/or residents prior to the event application being submitted for City Council approval. - Insurance, as indicated below, is required at least two (2)weeks prior to the Event. Failure to provide insurance will result in the cancellation of event. PRIVATE PROPERTY PUBLIC PROPERTY Organizer is responsible to obtain PRIVATE Signed Indemnification necessary insurance as deemed INVITATION appropriate by the property owner. Agreement required. Signed Indemnification Agreement Signed Indemnification Agreement required. required and a Organizer is responsible to obtain necessary insurance as deemed $1 million certificate of insurance,with the OPEN TO appropriate by property owner. City of Tybee Island listed as additional insured and THE PUBLIC *If use of the Walter W. Parker Pier and Pavilion is part certificate holder. of the event, a$1 million certificate of insurance,with * If use of the Walter W.Parker Pier and Pavilion is Chatham County Parks&Recreation listed as an part of the event, a $1 million certificate of insurance, additional insured and certificate holder is required. with Chatham County Parks& Recreation listed as an additional insured and certificate holder is required. The application will go through the review process again if substantial changes are made or additional needs are requested. Additional application fees will result with additional meetings. Page 4 of 8 Ciey Council Approved:February 14,2013,updated September 2013 20140828CityCouncilPacketA Page 76 of 227 20140823/jrl SECTION 6: INDEMIFICATION AGREEMENT AND ACCEPTANCE TO ADHERE TO APPLICATION REQUIREMENTS I, individually and as the Agent representing the Event Organization,do hereby agree to indemnify and hold harmless the City of Tybee island,Georgia, its officers,agents, employees and contractors from and against any and all Loss,damage,claim,demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with the occupancy or use of listed event premises during the time period of said event. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage,except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city,and shall include all costs,expenses and liabilities incurred by the City in connection with any such claim, suit,action or cause of action,including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier termination of the use of premises. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges,an• , unities a •rth in Georgia Statutes and/or the Constitution of the State of Georgia. Organizer/Applicant's 5ignatur: , . Date: / ', , ',/* INTERNAL USE BELOW. Staff signatures for City Departments listed below indicate the event application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. Event application review with organizer and staff with impacted department(s): 1/22 j)4 GI_ Follow up meeting( as noted: Q.,5- vt_, -7-. -2 7,I(1 i&vc s .., csi \7,- ,L4,A )__SIt 1 City Manager and/or Designee Date Finance rector and/or Designee Date r �/ ne Planning& ning Manager and/or Designee Date ,* r&Sewer epartment Supervisor and/ r Desi nee Date . 1 1x2 CV c .r. -1— _)4 Chief o P lice a d/ r Des': ee Date Campgroun Manager and/or Des' ee Date � _....-- c .,d, it 7 7/2z1�>' Chief of Fire Dep-rtment and/or Designee Date Deparrhent of Public Works Director and/or Designee Date COMMENTS: DATE APPROVED BY CITY COUNCIL: ADMINISTRATIVE APPROVAL(as applicable): Main Street Coordinator:_ Date: City Manager: _ Date: Page 5 of 8 City Council Approved:February 14,2013;updated September 2013 20140828CityCouncilPacketA Page 77 of 227 20140823/jrl City of Tybee Island 403 Butler Avenue P.O. Box 2749 Tybee Island, GA 31328 912-472-5070 INVITATION TO SUBMIT PROPOSAL; Sealed Proposals will be received by the City of Tybee Island for the following described work: PROPOSAL DUE DATE: LOCATION OF WORK: City Hall, 403 Butler Avenue, Tybee Island, Georgia 31328 DATE AND TIME OF "WALK THROUGH INSPECTION PRIOR TO SUBMISSION OF PROPOSAL"Date: at City Hall, 403 Butler Avenue, Tybee Island, Georgia SCOPE OF WORK: To conduct an architectural assessment of space needs and building security. Consultant will interview city hall staff to determine specific departmental space requirements and physical access control/concerns. Consultant shall provide a report to include: proposed floor plan, redesigned optimal HVAC zoned ventilation/ducting including optimal thermostat location and electrical wiring including an option for wiring for solar panels, security/access control, ADA requirements, FEMA requirements and project cost. CONTRACTOR QUALIFICATIONS: Contractor must be an architectural/consulting firm licensed in the State of Georgia; and experience in design of public facilities. Contractor should provide references/work samples (photographs, renderings, documents) from counties or municipalities for which similar work has been performed and a copy of their license. INCLUDED IN PROPOSAL: • List of similar public building needs and security assessment projects especially in the area • References • Project manager • List of staff who would be assigned to project • List unit price fee structure • Fee for needs and security design of renovation report All persons wishing to submit proposals shall submit one (1) original proposal and nine (9) complete copies in an 8 '/"by 11"format and one (1) original contract that is consistent with the proposal. 20140828CityCouncilPacketA Page 78 of 227 20140823/jrl CRITERIA FOR EVALUATION AND AWARD Submitted proposals will be evaluated and scored based upon the following criteria: Criteria Points Assigned Credentials 10 Expertise of Designated Staff 10 Past Performance 20 Managerial Capabilities 10 References 15 Capability to Perform SOW 15 Price Proposals 20 The successful Proposer will be selected based upon the best response offered to the City. Proposers may be requested to give an oral presentation after submission of responses should the City find it necessary to determine which is best received. Proposal fees are to be good for a minimum of 90 days. REQUIRED INFORMATION: Please submit the following information in the order requested. 1. A bid sheet, W-9, vendor application, and affidavit located at the end of this RFP. 2. Name, address,phone number, fax number, and e-mail address of the person or firm submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm. 3. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. This shall include the size of the firm, office location from which the service is being performed and nature of staff and equipment to be employed. Job descriptions and pay classifications of the proposer's positions and employees shall also be included. 3. Bids and all required or requested supplemental materials in compliance with this Request for Proposal shall be submitted as requested above. Supplemental materials will not be accepted after the proposals have been opened unless requested by the City. SUBMIT PROPOSALS TO: City of Tybee Island, P.O. Box 2749, Tybee Island, Georgia 31328, Attention: Melissa Freeman, Finance Department. The outside of the envelope should be marked, "City Hall Renovation Consultation Bid Proposal Enclosed." OPENING OF PROPOSALS: DATE: EDT @ City Hall. 20140828CityCouncilPacketA Page 79 of 227 20140823/jrl The City of Tybee Island reserves the right to reject any and all proposals and to waive any formalities and make the award in the best interest of the City. INCURRED EXPENSES: The City is not responsible for any expenses which proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs with travel, accommodations, interviews, or presentation of proposals. 20140828CityCouncilPacketA Page 80 of 227 20140823/jrl City of Tybee Island 403 Butler Avenue P.O. Box 2749 Tybee Island, GA 31328 912-472-5070 INVITATION TO SUBMIT PROPOSAL; Sealed Proposals will be received by the City of Tybee Island for the following described work: PROPOSAL DUE DATE: LOCATION OF WORK: North Beach Restrooms, 31B Meddin Drive, Tybee Island, Georgia 31328 DATE AND TIME OF "WALK THROUGH INSPECTION PRIOR TO SUBMISSION OF PROPOSAL"Date: at the North Beach Restrooms, 31 B Meddin Drive, Tybee Island, Georgia SCOPE OF WORK: The City of Tybee is requesting design and engineering services for the construction a new public restroom to be located at the North Beach Parking lot. Prior to the design and engineering phase for construction, the city requests professional assistance in determining if it is feasible and cost effective to construct a FEMA and ADA compliant restroom in the Eastern portion of the parking lot near the middle cross-over. Another alternative is to construct a new restroom at the current location of the North Beach Restroom by relocated the new restroom outside the V zone which would require the demolition of the existing 480 square foot block building in accordance to EPD regulations. In addition, the final location determination should meet the GDNR Shoreline Protection permitting requirements. Minimum public restroom requirements: • Male side: Five (5) stalls including the ADA stall, one waterless urinal, two (2) clothing changing stalls and one (1)baby changer station • Female side: Five (5) stalls including the ADA stall , two (2) clothing changing stalls, and one (1)baby changer station • Appropriate number of sinks with on demand water heater for each side • A concession stand • An electrical system powered by a solar panel system that is also connected to the grid • A grey water plumbing system to flush restroom toilets • Five (five) external shallow well rinse off showers stations that meet the following: o Have posted signs reading NON-POTABLE WATER—DO NOT DRINK 20140828CityCouncilPacketA Page 81 of 227 20140823/jrl o Meet minimum construction standards for non-public wells as required by the Water Well Standards Act, O.C.G.A 12-5-120 o Meet the Chatham County Health Department regarding setbacks from any on-site sewage management systems o Are not connected in any way to the City's potable water system CONTRACTOR QUALIFICATIONS: Contractor must be an architectural/consulting firm licensed in the State of Georgia; and experience in design of public facilities especially public municipal restrooms. Contractor should provide references/work samples (photographs, renderings, documents) from counties or municipalities for which similar work has been performed and a copy of their license. Design and construction of the building is to be architecturally compatible with the neighborhood, energy efficient and meets all ADA, FEMA, as well as, the GDNR Shoreline Protection permitting requirements, as needed. A copy of the flood plain map is available from the planning and zoning manager at city hall for purposes of the proposal. INCLUDED IN PROPOSAL: Proposal for services to include the following: • List of similar public restroom building and site plan design/engineering projects especially in the area and in other beach communities • List of similar municipal and commercial projects completed within or under budget • References • Project manager • List of staff who would be assigned to project • List unit price fee structure: o Fee for North Beach site selection analysis o Fee for design of building and site plan excluding landscape design o Fee for construction and site plan drawings o Fee for each soil boring including report for site, as needed o Fee for bidding services including public advertising and plan distribution o Fee for oversight of construction and change order review o Fee for oversight of demolition of the existing restroom if replacement of existing restroom is determined the appropriate decision by the mayor and city council All persons wishing to submit proposals shall submit one (1) original proposal and nine (9) complete copies in an 8 I/2"by 11" format and one (1) original contract that is consistent with the proposal. 20140828CityCouncilPacketA Page 82 of 227 20140823/jrl CRITERIA FOR EVALUATION AND AWARD Submitted proposals will be evaluated and scored based upon the following criteria: Criteria Points Assigned Credentials 10 Expertise of Designated Staff 10 Past Performance 20 Managerial Capabilities 10 References 15 Capability to Perform SOW 15 Price Proposals 20 The successful Proposer will be selected based upon the best response offered to the City. Proposers may be requested to give an oral presentation after submission of responses should the City find it necessary to determine which is best received. Proposal fees are to be good for a minimum of 90 days. REQUIRED INFORMATION: Please submit the following information in the order requested. 1. A bid sheet, W-9, vendor application, and affidavit located at the end of this RFP. 2. Name, address,phone number, fax number, and e-mail address of the person or firm submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm. 3. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. This shall include the size of the firm, office location from which the service is being performed and nature of staff and equipment to be employed. Job descriptions and pay classifications of the proposer's positions and employees shall also be included. 3. Bids and all required or requested supplemental materials in compliance with this Request for Proposal shall be submitted as requested above. Supplemental materials will not be accepted after the Proposals have been opened unless requested by the City. SUBMIT PROPOSALS TO: City of Tybee Island, P.O. Box 2749, Tybee Island, Georgia 31328, Attention: Melissa Freeman, Finance Department. The outside of the envelope should be marked, "North Beach Restroom Consultation Bid Proposal Enclosed." 20140828CityCouncilPacketA Page 83 of 227 20140823/jrl OPENING OF PROPOSALS: DATE: EDT @ City Hall. The City of Tybee Island reserves the right to reject any and all proposals and to waive any formalities and make the award in the best interest of the City. INCURRED EXPENSES: The City is not responsible for any expenses which proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs with travel, accommodations, interviews, or presentation of proposals. 20140828CityCouncilPacketA Page 84 of 227 20140823/jrl .h u Ll j_ INA y s^-s. r 1a^-1- 19^_4. k -8 ._QR 8'-8° 6'-8°-L 9 �i' 8'-8° r a a I --II f rr $Yr, g f\ ♦ �°stest,":lie,",'.,-..1.71---z,:- ■ _w y :1X4 I i ° _ f ' nr :; ,t- 4?,i r::):m 4 �! Pip•.' ■ .� � MI — I. 11. k il o g oY9YOgEo: la y ,S '%N w :vaS. Cr' ♦ ♦ , ■ lliE BC v` 3 k` j f "1. ;. Cr) X `LCl it)la 1 + YftAe w 110 .- I� i v nn +X, ♦ ✓ %iF^ ''x�i `a' e — @ . T.'�S .. 4, I W$R zi { f , � °. fig@g P;":,,,r t o :;,,. .5x,,,,,,,,,,,, '♦ f 1 3 ei A O x { a a x rte.,�, i . H ^ k c \ 4. ' /1 ii• , on ff` l II � is ♦ \ \7 • rN ��'oE ° spa 1 II P. „te... ... ot. , ,,,a"-a 11 x y , I _ , „.... ,. , e, 0 ,.,.„r w v _ r z :' a o �c a5os, to - a W E"dw E 2a r� .:-: -.. 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WHEREAS, the governing body of the Borrower has determined to borrow but not to exceed $1,695,000 from the Georgia Environmental Finance Authority (the "Lender") to finance a portion of the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A to the hereinafter defined Loan Agreement (the "Project"), pursuant to the terms of a Loan Agreement (the "Loan Agreement") between the Borrower and the Lender, the form of which has been presented to this meeting; and WHEREAS, the Borrower's obligation to repay the loan made pursuant to the Loan Agreement will be evidenced by a Promissory Note (the "Note") of the Borrower, the form of which has been presented to this meeting; NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that the forms, terms, and conditions and the execution, delivery, and performance of the Loan Agreement and the Note are hereby approved and authorized. BE IT FURTHER RESOLVED by the governing body of the Borrower that the terms of the Loan Agreement and the Note (including the interest rate provisions, which shall be as provided in the Note) are in the best interests of the Borrower for the financing of the Project, and the governing body of the Borrower designates and authorizes the following persons to execute and deliver, and to attest, respectively, the Loan Agreement, the Note, and any related documents necessary to the consummation of the transactions contemplated by the Loan Agreement. (Signature of Person to Execute Documents) (Print Title) (Signature of Person to Attest Documents) (Print Title) The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect. Dated; Secretary/Clerk (SEAL) IO 1% 20140828CityCo cketA Page 88 of 227 20140823/jrl Loan/Project No. 2013L35W J GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (a public corporation duly created and existing under the laws of the State of Georgia) as Lender and CITY OF TYBEE ISLAND (a public body corporate and politic duly created and existing under the laws of the State of Georgia) as Borrower LOAN AGREEMENT 20140828CityCouncilPacketA Page 89 of 227 20140823/jrl LOAN AGREEMENT Wier This LOAN AGREEMENT (this "Agreement'') dated 20 , by and between CITY OF TYBEE ISLAND, a Georgia PATE_ and politic (the "Borrower"), whose address for purposes of thi 4 403 Butler Avenue, Tybee Island, Georgia 31328, ENVIRONMENTAL FINANCE AUTHORITY, a Georgia "Lender"), whose address for purposes of this Agreement shall be 233 Peachtree Street, N.E., Peachtree Center-Harris Tower, Suite 900, Atlanta, GA 30303-1506. 1. Background -The Lender desires to loan to the Borrower ONE MILLION SIX HUNDRED NINETY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($1,695,000) from the Georgia Fund (the "Fund") to finance the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A attached hereto (the "Project"). The Environmental Protection Division ("EPD") of the Department of Natural Resources of the State of Georgia has completed all existing statutory reviews and approvals with respect to the Project, as required by Section 50- 23-9 of the Official Code of Georgia Annotated, and has approved or will approve the detailed plans and specifications (the "Plans and Specifications") for the Project prepared or to be prepared by the Borrower's engineer (the "Engineer"), which may be amended from time to time by the Borrower but subject to the approval of the EPD. 2. Loan - Subject to the terms and conditions of this Agreement, the Lender agrees to make the following loan or loans (collectively, the "Loan") available to the Borrower: (a) The Lender agrees to advance to the Borrower, on or prior to the earlier of (1) the Completion Date (as hereinafter defined), (2) January 1, 2016, or (3) the date that the loan evidenced by this Note is fully disbursed, the Loan in a principal amount of up to $1,695,000 which Loan may be disbursed in one or more advances but each such disbursement shall reduce the Lender's loan commitment hereunder and any sums advanced hereunder may not be repaid and then re-borrowed. (b) The Lender's commitment in paragraph (a) above to make advances to the Borrower shall be a limited obligation of the Lender, to be funded solely from available moneys in the Fund and from no other source of funds, including other funds of the Lender. (c) The Borrower's obligation to pay the Lender the principal of and interest on the Loan shall be evidenced by the records of the Lender and by the Note described below. 3. Note - The Loan shall be evidenced by the Promissory Note, dated this date, executed by the Borrower in favor of the Lender in an original stated principal amount equal to the maximum amount of the Loan as described above (the "Note," which term shall include any extensions, renewals, modifications, or replacements thereof). The Note shall be in substantially the form attached to this Agreement as Exhibit B. 20140828CityCouncilPacketA Page 90 of 227 20140823/jrl 4. Interest, Fees, and Other Charges - In consideration of the Loan, the Borrower shall pay the Lender the following interest, fees, and other charges: (a) The Loan shall bear interest at the rate or rates per annum specified in the Note and such interest shall be calculated in the manner specified in the Note. (b) The Borrower agrees to pay all reasonable out-of-pocket costs and expenses of the Lender incurred in connection with its negotiation, structuring, documenting, and closing the Loan, including, without limitation, the reasonable fees and disbursements of counsel for the Lender. The Borrower agrees to pay all reasonable out-of-pocket costs and expenses of the Lender incurred in connection with its administration or modification of, or in connection with the preservation of its rights under, enforcement of, or any refinancing, renegotiation, restructuring, or termination of, any Credit Document (as hereinafter defined) or any instruments referred to therein or any amendment, waiver, or consent relating thereto, including, without limitation, the reasonable fees and disbursements of counsel for the Lender. Such additional loan payments shall be billed to the Borrower by the Lender from time to time, together with a statement certifying that the amount billed has been incurred or paid by the Lender for one or more of the above items. Amounts so billed shall be paid by the Borrower within thirty(30) days after receipt of the bill by the Borrower. (c) In the event the Borrower fails to request any advances under the Loan within six (6) months after the dated date of this Agreement, the Borrower shall pay the Lender a fee equal to the Lender's Loan Continuation Fee, as published from time to time in the Lender's fee schedules, if the Lender requests the Borrower to pay such fee in writing within twelve (12) months after the dated date of this Agreement, such fee to be payable within fifteen (15) days of such written request. (d) The Borrower shall pay the Lender an origination fee for the loan in the amount of one percent (1%) of the maximum amount of the Loan, payable on the dates specified by the Lender on not less than thirty (30) days written advance notice. 5. Prepayment -The Loan shall be prepayable in accordance with the terms and conditions of the Note. 6. Authorized Borrower Representative and Successors - The Borrower shall designate a person to act on behalf of the Borrower under this Agreement (the "Authorized Borrower Representative") by written certificate furnished to the Lender, containing the specimen signature of such person and signed on behalf of the Borrower by its chief executive officer. Such certificate or any subsequent or supplemental certificate so executed may designate an alternate or alternates. In the event that any person so designated and his alternate or alternates, if any, should become unavailable or unable to take any action or make any certificate provided for or required in this Agreement, a successor shall be appointed in the same manner. 20140828CityCouncilPacketA Page 31 of 227 20140823/jrl 7. Conditions to the Loan - At the time of the making of each advance under the Loan by the Lender to the Borrower under this Agreement (each an "Advance"), the following conditions shall have been fulfilled to the Lender's satisfaction: (a) This Agreement and the Note shall have been duly executed and delivered by all required parties thereto and in form and substance satisfactory to the Lender, and the Lender shall have received (1) a signed opinion of counsel to the Borrower, substantially in the form of Exhibit E attached hereto, and (2) a certified copy of the resolution adopted by the Borrower's governing body, substantially in the form of Exhibit F attached hereto. (b) There shall then exist no Event of Default under this Agreement (or other event that, with the giving of notice or passage of time, or both, would constitute such an Event of Default). (c) All representations and warranties by the Borrower in this Agreement and the Note (collectively the "Credit Documents") shall be true and correct in all material respects with the same effect as if such representations and warranties had been made on and as of the date of such advance. (d) Since the date of the most recent annual financial statements of the Borrower delivered to the Lender, there shall have been no material adverse change in the financial condition, assets, management, control, operations, or prospects of the Borrower. (e) The Advance to be made and the use of the proceeds thereof shall not violate any applicable law, regulation, injunction, or order of any government or court. (f) When the Project budget included as part of Exhibit A indicates that the Loan will finance less than all of the costs of the Project or a category of costs of the Project, the Advance to be made shall not cause the percentage of such Project costs funded to date by the Loan to exceed the total percentage of such Project costs budgeted to be funded by the Loan. (g) The Borrower shall submit requests for Advances not more frequently than monthly and at least 21 days before the requested disbursement date. (h) The Advance to be made and the use of the proceeds thereof shall be limited to payment of costs of the Project set forth in the Project budget included as part of Exhibit A and contemplated by the Plans and Specifications approved by the EPD. (i) There shall be filed with the Lender: (1) A requisition for such Advance, stating the amount to be disbursed. (2) A certificate executed by the Authorized Borrower Representative attached to the requisition and certifying: 20140828CityCouncilPacketA Page- 2 of 227 20140823/jrl (A) that an obligation in the stated amount has been incurred by the Borrower and that the same is a cost of the Project and is presently due and payable or has been paid by the Borrower and is reimbursable hereunder and stating that the bill or statement of account for such obligation, or a copy thereof, is attached to the certificate; (B) that the Borrower has no notice of any vendor's, mechanic's, or other liens or rights to liens, chattel mortgages, or conditional sales contracts that should be satisfied or discharged before such payment is made; and (C) that each item on such requisition has not been paid or reimbursed, as the case may be, and such requisition contains no item representing payment on account of any retained percentages that the Borrower is, at the date of any such certificate, entitled to retain or payment for labor performed by employees of the Borrower. (j) The completed construction on the Project shall be reviewed (at the time each requisition is submitted) by the Engineer, and the Engineer shall certify to the Lender as to (A) the cost of completed construction, (B) the percentage of completion, and (C) compliance with the Plans and Specifications. 8. Representations and Warranties - The Borrower hereby represents and warrants to the Lender: (a) Creation and Authority. The Borrower is a public body corporate and politic duly created and validly existing under the laws of the State of Georgia and has all requisite power and authority to execute and deliver the Credit Documents and to perform its obligations thereunder. (b) Pending Litigation. Except as disclosed in writing to the Lender, there are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Borrower, after making due inquiry with respect thereto, threatened against or affecting the Borrower in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the properties, activities, prospects, profits, operations, or condition (financial or otherwise) of the Borrower, or the ability of the Borrower to perform its obligations under the Credit Documents, or the transactions contemplated by the Credit Documents or which, in any way, would adversely affect the validity or enforceability of the Credit Documents or any agreement or instrument to which the Borrower is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Borrower aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. Except as disclosed in writing to the Lender, the Borrower is not in default with respect to any judgment, order, writ, injunction, decree, demand, rule, or regulation of any court, governmental authority, or arbitration board or tribunal. -4- 20140828CityCouncilPacketA Page 93 of 227 20140823/jrl (c) Credit Documents are Legal and Authorized. The execution and delivery by the Borrower of the Credit Documents, the consummation of the transactions therein contemplated, and the fulfillment of or the compliance with all of the provisions thereof (i) are within the power, legal right, and authority of the Borrower; (ii) are legal and will not conflict with or constitute on the part of the Borrower a violation of or a breach of or a default under, any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Borrower is a party or by which the Borrower or its properties are otherwise subject or bound, or any license, law, statute, rule, regulation, judgment, order, writ, injunction, decree, or demand of any court or governmental agency or body having jurisdiction over the Borrower or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the governing body of the Borrower. The Credit Documents are the valid, legal, binding, and enforceable obligations of the Borrower. The officials of the Borrower executing the Credit Documents are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Borrower. (d) Governmental Consents. Neither the Borrower nor any of its activities or properties, nor any relationship between the Borrower and any other person, nor any circumstances in connection with the execution, delivery, and performance by the Borrower of its obligations under the Credit Documents, is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Borrower in connection with the execution, delivery, and performance of the Credit Documents or the consummation of any transaction therein contemplated, except as shall have been obtained or made and as are in full force and effect and except as are not presently obtainable. To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower will be able to obtain all such additional consents, approvals, permissions, orders, licenses, or authorizations of governmental authorities as may be required on or prior to the date the Borrower is legally required to obtain the same. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default or that, with the lapse of time or with the giving of notice or both, would become an Event of Default. To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower is not in default or violation in any material respect under any organic document or other agreement or instrument to which it is a party or by which it may be bound, except as disclosed in writing to the Lender. (f) Compliance with Law. To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower is not in violation of any laws, ordinances, or governmental rules or regulations to which it or its properties are subject and has not failed to obtain any licenses, permits, franchises, or other governmental authorizations (which are presently obtainable) necessary to the ownership of its properties or to the conduct of its affairs, which violation or failure to obtain might materially and adversely affect the properties, activities, prospects, profits, and condition (financial or otherwise) of the Borrower, and there have been no citations, notices, or orders of noncompliance 20140828CityCouncilPacketA Page 94 of 227 20140823/jrl issued to the Borrower under any such law, ordinance, rule, or regulation, except as disclosed in writing to the Lender. (g) Restrictions on the Borrower. The Borrower is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise), except as disclosed in writing to the Lender. The Borrower is not a party to any contract or agreement that restricts the right or ability of the Borrower to incur indebtedness for borrowed money or to enter into loan agreements, except as disclosed in writing to the Lender. Any contract or agreement of the Borrower that pledges the revenues of the Borrower permits such pledged revenues to be used to make payments due under the Credit Documents. (h) Disclosure. The representations of the Borrower contained in this Agreement and any certificate, document, written statement, or other instrument furnished by or on behalf of the Borrower to the Lender in connection with the transactions contemplated hereby, do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statements contained herein or therein not misleading. There is no fact that the Borrower has not disclosed to the Lender in writing that materially and adversely affects or in the future may (so far as the Borrower can now reasonably foresee) materially and adversely affect the acquisition, construction, and installation of the Project or the properties, activities, prospects, operations, profits, or condition (financial or otherwise) of the Borrower, or the ability of the Borrower to perform its obligations under the Credit Documents or any of the documents or transactions contemplated hereby or thereby or any other transactions contemplated by this Agreement, which has not been set forth in writing to the Lender or in the certificates, documents, and instruments furnished to the Lender by or on behalf of the Borrower prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (i) Project Compliance. The Project complies or will comply with all presently applicable building and zoning, health, environmental, and safety ordinances and laws and all other applicable laws, rules, and regulations of any and all governmental and quasi-governmental authorities having jurisdiction over any portion of the Project. (j) Financial Statements. The financial statements of the Borrower that have been provided to the Lender in connection with the Loan present fairly the financial position of the Borrower as of the date thereof and the results of its operations and its cash flows of its proprietary fund types for the period covered thereby, all in conformity with generally accepted accounting principles (subject to normal year-end adjustments in the case of interim statements). Since the date of the most recent annual financial statements for the Borrower delivered to the Lender in connection with the Loan, there has been no material adverse change in the Borrower's financial condition, assets, management, control, operations, or prospects. (k) Reaffirmation. Each request by the Borrower for an advance under the Loan shall constitute a representation and warranty by the Borrower to the Lender that the 20140828CityCouncilPacketA Page J5 of 227 20140823/jrl foregoing statements are true and correct on the date of the request and after giving effect to such advance. (I) Borrower's Tax Certificate. The representations and warranties of the Borrower set forth in the Borrower's Tax Certificate, dated the date hereof, are hereby incorporated herein and made a part hereof by this reference thereto, as if fully set forth herein, and are true and correct as of the date hereof. 9. Security for Payments under Credit Documents - (a) As security for the payments required to be made and the obligations required to be performed by the Borrower under the Credit Documents, the Borrower hereby pledges to the Lender its full faith and credit and revenue-raising power (including its taxing power) for such payment and performance. The Borrower covenants that, in order to make any payments required by the Credit Documents when due from its funds to the extent required hereunder, it will exercise its power of taxation and its power to set rates, fees, and charges to the extent necessary to pay the amounts required to be paid under the Credit Documents and will make available and use for such payments all rates, fees, charges, and taxes levied and collected for that purpose together with funds received from any other sources. The Borrower further covenants and agrees that in order to make funds available for such purpose in each fiscal year, it will, in its revenue, appropriation, and budgetary measures through which its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such payments that may be required to be made under the Credit Documents, whether or not any other sums are included in such measure, until all payments so required to be made under the Credit Documents shall have been made in full. The obligation of the Borrower to make any such payments that may be required to be made from its funds shall constitute a general obligation of the Borrower and a pledge of the full faith and credit of the Borrower to provide the funds required to fulfill any such obligation. In the event for any reason any such provision or appropriation is not made as provided in this Section 9, then the fiscal officers of the Borrower are hereby authorized and directed to set up as an appropriation on their accounts in the appropriate fiscal year the amounts required to pay the obligations that may be due from the funds of the Borrower. The amount of such appropriation shall be due and payable and shall be expended for the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Borrower had included the amount of the appropriation in its revenue, appropriation, and budgetary measures, and the fiscal officers of the Borrower shall make such payments required by the Credit Documents to the Lender if for any reason the payment of such obligations shall not otherwise have been made. (b) The Borrower covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial or corporate limits of the Borrower, as now existent and as the same may hereafter be extended, at such rate or rates, within any limitations that may be prescribed by law, as may be necessary to produce in each year revenues that will be sufficient to fulfill the Borrower's obligations under the Credit Documents, from which revenues the Borrower agrees to appropriate sums sufficient to pay in full when due all of the Borrower's -7- 20140828CityCouncilPacketA Page 96 of 227 20140823/jrl obligations under the Credit Documents. Nothing herein contained, however, shall be construed as limiting the right of the Borrower to make the payments called for by the Credit Documents out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds or enterprise funds). 10. Borrower Covenants - The Borrower agrees to comply with the following covenants so long as this Agreement is in effect: (a) Information. The Borrower shall deliver to the Lender, within 180 days after the end of each fiscal year, an electronic copy of the financial statements required under state audit requirements (O.C.G.A. § 38-81-7). Borrower's annual financial statements shall be prepared in accordance with generally accepted accounting principles and otherwise in form and substance satisfactory to the Lender, which financial statements shall be accompanied by a certificate of the Borrower (1) to the effect that the Borrower is not in default under any provisions of the Credit Documents and has fully complied with all of the provisions thereof, or if the Borrower is in default or has failed to so comply, setting forth the nature of the default or failure to comply, and (2) stating the Fixed Charges Coverage Ratio, the Fixed Charges, and the Income Available for Fixed Charges of the Borrower for the fiscal year. The Borrower also shall promptly provide the Lender (A) upon receipt thereof, a copy of each other report submitted to the Borrower by its accountants in connection with any annual, interim, or special audit made by them of the books of the Borrower (including, without limitation, any management report prepared in connection with such accountants' annual audit of the Borrower) and (B) with such other information relating to the Borrower and the Project as the Lender may reasonably request from time to time. (b) Access to Property and Records. The Borrower agrees that the Lender, the EPD, and their duly authorized representatives and agents shall have the right, upon reasonable prior notice, to enter the Borrower's property at all reasonable times for the purpose of examining and inspecting the Project, including any construction or renovation thereof. The Borrower shall keep accurate and complete records and books of account with respect to its activities in which proper entries are made in accordance with generally accepted accounting principles reflecting all of its financial transactions. The Lender and the EPD shall also have the right at all reasonable times to examine and make extracts from the books and records of the Borrower, insofar as such books and records relate to the Project or insofar as necessary to ascertain compliance with this Agreement, and to discuss with the Borrower's officers, employees, accountants, and engineers the Project and the Borrower's activities, assets, liabilities, financial condition, results of operations, and financial prospects. (c) Agreement to Acquire, Construct, and Install the Protect. The Borrower covenants to cause the Project to be acquired, constructed, and installed without material deviation from the Plans and Specifications and warrants that the acquisition, construction, and installation of the Project without material deviation from the Plans and Specifications will result in facilities suitable for use by the Borrower and that all real and personal property provided for therein is necessary or appropriate in connection with the Project. The Borrower may make changes in or additions to the Plans and 20140828CityCouncilPacketA Page 97 of 227 20140823/jrl Specifications; provided, however, changes in or additions to the Plans and Specifications that are material shall be subject to the prior written approval of the Engineer and the EPD. The Borrower agrees to complete the acquisition, construction, and installation of the Project as promptly as practicable and with all reasonable dispatch after the date of this Agreement. Without limiting the foregoing sentence, the Borrower shall commence and complete each activity or event by the deadline stated in the Project Schedule included as part of Exhibit A attached hereto. The Borrower shall comply with the bidding and preconstruction requirements set forth in Exhibit C attached hereto. (d) Establishment of Completion Date. The date of completion of the acquisition, construction, and installation of the Project (the "Completion Date") shall be evidenced to the Lender and the EPD by a certificate of completion signed by the Authorized Borrower Representative and approved by the Engineer, stating that construction of the Project has been completed without material deviation from the Plans and Specifications and all labor, services, materials, and supplies used in such construction have been paid or provided for. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or that may subsequently come into being. It shall be the duty of the Borrower to cause the certificate contemplated by this paragraph to be furnished as soon as the construction of the Project shall have been completed. (e) Indemnity. (1) To the extent provided by law, in addition to the other amounts payable by the Borrower under this Agreement (including, without limitation, Section 4 hereof), the Borrower hereby agrees to pay and indemnify the Lender from and against all claims, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) that the Lender may (other than as a result of the gross negligence or willful misconduct of the Lender) incur or be subjected to as a consequence, directly or indirectly, of(i) any actual or proposed use of any proceeds of the Loan or the Borrower's entering into or performing under any Credit Document, (ii) any breach by the Borrower of any representation, warranty, covenant, or condition in, or the occurrence of any other default under, any of the Credit Documents, including without limitation all reasonable attorneys' fees or expenses resulting from the settlement or defense of any claims or liabilities arising as a result of any such breach or default, (iii) allegations of participation or interference by the Lender in the management, contractual relations, or other affairs of the Borrower, (iv) allegations that the Lender has joint liability with the Borrower to any third party as a result of the transactions contemplated by the Credit Documents, (v) any suit, investigation, or proceeding as to which the Lender is involved as a consequence, directly or indirectly, of its execution of any of the Credit Documents, the making of the Loan, or any other event or transaction contemplated by any of the Credit Documents, or (vi) the conduct or management of or any work or thing done on the Project and any condition of or operation of the Project. (2) Nothing contained in this paragraph (e) shall require the Borrower to indemnify the Lender for any claim or liability that the Borrower was not given any opportunity to contest or for any settlement of any such action effected without the 20140828CityCouncilPacketA Page 98 of 227 20140823/jrl Borrower's consent. The indemnity of the Lender contained in this paragraph (e) shall survive the termination of this Agreement. (f) Fixed Charges Coverage Ratio. The Borrower shall not permit the Fixed Charges Coverage Ratio for any fiscal year to be less than 1.05. The following terms are defined terms for purposes of this Agreement; "Fixed Charges" means, for any period, the sum of all cash outflows that the Borrower cannot avoid without violating the Borrower's long-term contractual obligations (those obligations that extend for a period greater than one year, determined in accordance with generally accepted accounting principles) and that are accounted for in the enterprise fund containing the Borrower's water or sewer operations, including, but not limited to, (i) interest on long-term debt, determined in accordance with generally accepted accounting principles, (ii) payments under long-term leases (whether capitalized or operating), and (iii) scheduled payments of principal on long-term debt. "Fixed Charges Coverage Ratio" means, for any period, the ratio of Income Available for Fixed Charges to Fixed Charges. "Income Available For Fixed Charges" means, for any period, net income of the Borrower, plus amounts deducted in arriving at such net income for (i) interest on long-term debt (including the current portion thereof), (ii) depreciation, (iii) amortization, (iv) payments under long-term leases, and (v) transfers to other funds of the Borrower. (g) Tax Covenants. The Borrower covenants that it will not take or omit to take any action nor permit any action to be taken or omitted that would cause the interest on the Note to become includable in the gross income of any owner thereof for federal income tax purposes. The Borrower further covenants and agrees that it shall comply with the representations and certifications it made in its Borrower's Tax Certificate dated the date hereof and that it shall take no action nor omit to take any action that would cause such representations and certifications to be untrue. 11. Events of Default and Remedies —(a) Each of the following events shall constitute an Event of Default under this Agreement: (1) Failure by the Borrower to make any payment with respect to the Loan (whether principal, interest, fees, or other amounts) when and as the same becomes due and payable (whether at maturity, on demand, or otherwise); or (2) The Borrower shall (A) apply for or consent to the appointment of or the taking of possession by a receiver, custodian, trustee, or liquidator of the Borrower or of all or a substantial part of the property of the Borrower; (B) admit in writing the inability of the Borrower, or be generally unable, to pay the debts of the Borrower as such debts become due; (C) make a general assignment for the benefit of the creditors of the Borrower; (D) commence a voluntary case under the federal bankruptcy law (as now or hereafter in effect); (E) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; (F) fail to controvert in a timely or appropriate manner, or 20140828CityCouncilPacketA Page of 227 20140823/jrl acquiesce in writing to, any petition filed against the Borrower in an involuntary case under such federal bankruptcy law; or (G) take any action for the purpose of effecting any of the foregoing; or (3) A proceeding or case shall be commenced, without the application of the Borrower, in any court of competent jurisdiction, seeking (A) the liquidation, reorganization, dissolution, winding-up, or composition or readjustment of debts of the Borrower; (B) the appointment of a trustee, receiver, custodian, liquidator, or the like of the Borrower or of all or any substantial part of the assets of the Borrower; or (C) similar relief in respect of the Borrower under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition and adjustment of debts, and such proceeding or case shall continue undismissed, or an order, judgment, or decree approving or ordering any of the foregoing shall be entered and continue in effect, for a period of sixty (60) days from commencement of such proceeding or case or the date of such order, judgment, or decree, or any order for relief against the Borrower shall be entered in an involuntary case or proceeding under the federal bankruptcy law; or (4) Any representation or warranty made by the Borrower in any Credit Document shall be false or misleading in any material respect on the date as of which made (or deemed made); or (5) Any default by the Borrower shall occur in the performance or observance of any term, condition, or provision contained in any Credit Document and not referred to in clauses (1) through (4) above, which default shall continue for thirty (30) days after the Lender gives the Borrower written notice thereof; or (6) Any material provision of any Credit Document shall at any time for any reason cease to be valid and binding in accordance with its terms on the Borrower, or the validity or enforceability thereof shall be contested by the Borrower, or the Borrower shall terminate or repudiate (or attempt to terminate or repudiate) any Credit Document; or (7) Default in the payment of principal of or interest on any other obligation of the Borrower for money borrowed (or any obligation under any conditional sale or other title retention agreement or any obligation secured by purchase money mortgage or deed to secure debt or any obligation under notes payable or drafts accepted representing extensions of credit or on any capitalized lease obligation), or default in the performance of any other agreement, term, or condition contained in any contract under which any such obligation is created, guaranteed, or secured if the effect of such default is to cause such obligation to become due prior to its stated maturity; provided that in each and every case noted above the aggregate then outstanding principal balance of the obligation involved (or all such obligations combined) must equal or exceed $100,000; or (8) Default in the payment of principal of or interest on any obligation of the Borrower for money borrowed from the Lender (other than the Loan) or default in the performance of any other agreement, term, or condition contained in any contract 20140828CityCouncilPacketA Page JECI6 of 227 20140823/jrl under which any such obligation is created, guaranteed, or secured if the effect of such default is to entitle the Lender to then cause such obligation to become due prior to its stated maturity (the parties intend that a default may constitute an Event of Default under this paragraph (8) even if such default would not constitute an Event of Default under paragraph (7) immediately above); or (9) The dissolution of the Borrower; or (10) Any material adverse change in the Borrower's financial condition or means or ability to perform under the Credit Documents; or (11) The occurrence of any other event as a result of which the Lender in good faith believes that the prospect of payment in full of the Loan is impaired. (b) Upon the occurrence of an Event of Default, the Lender, at its option, without demand or notice of any kind, may declare the Loan immediately due and payable, whereupon all outstanding principal and accrued interest shall become immediately due and payable. (c) Upon the occurrence of an Event of Default, the Lender, without notice or demand of any kind, may from time to time take whatever action at law or in equity or under the terms of the Credit Documents may appear necessary or desirable to collect the Loan and other amounts payable by the Borrower hereunder then due or thereafter to become due, or to enforce performance and observance of any obligation, agreement, or covenant of the Borrower under the Credit Documents. (d) In the event of a failure of the Borrower to pay any amounts due to the Lender under the Credit Documents within 15 days of the due date thereof, the Lender shall perform its duty under Section 50-23-20 of the Official Code of Georgia Annotated to notify the state treasurer of such failure, and the Lender may apply any funds allotted to the Borrower that are withheld pursuant to Section 50-23-20 of the Official Code of Georgia Annotated to the payment of the overdue amounts under the Credit Documents. (e) Upon the occurrence of an Event of Default, the Lender may, in its discretion, by wriften notice to the Borrower, terminate its remaining commitment (if any) hereunder to make any further advances of the Loan, whereupon any such commitment shall terminate immediately. 12. Assignment or Sale by Lender - (a) The Credit Documents, and the obligation of the Borrower to make payments thereunder, may be sold, assigned, or otherwise disposed of in whole or in part to one or more successors, grantors, holders, assignees, or subassignees by the Lender. Upon any sale, disposition, assignment, or reassignment, the Borrower shall be provided with a notice of such assignment. The Borrower shall keep a complete and accurate register of all such assignments in form necessary to comply with Section 149(a) of the Internal Revenue Code of 1986, as amended. 20140828CityCouncilPacketA Pagel of 227 20140823/jrl (b) The Borrower agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defense, setoff, or counterclaim whatsoever that the Borrower may from time to time have against the Lender. The Borrower agrees to execute all documents, including notices of assignment, which may be reasonably requested by the Lender or its assignee to protect its interests in the Credit Documents. (c) The Borrower hereby agrees that the Lender may sell or offer to sell the Credit Documents (i) through a certificate of participation program, whereby two or more interests are created in the Credit Documents or the payments thereunder or (ii) with other similar instruments, agreements, and obligations through a pool, trust, limited partnership, or other entity. 13. Miscellaneous - (a) This Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia, exclusive of such state's rules regarding choice of law. (b) This Agreement shall be binding upon and shall inure to the benefit of the Borrower, the Lender, and their respective heirs, legal representatives, successors, and assigns, but the Borrower may not assign or transfer any of its rights or obligations hereunder without the express prior written consent of the Lender. (c) This Agreement may not be waived or amended except by a writing signed by authorized officials of the Lender and the borrower. (d) This Agreement shall be effective on the date on which the Borrower and the Lender have signed one or more counterparts of it and the Lender shall have received the same, provided the Lender receives the same executed by the Borrower by September 18, 2014. At such time as the Lender is no longer obligated under this Agreement to make any further advances under the Loan and all principal, interest, or other amounts owing with respect to the Loan and hereunder have been finally and irrevocably repaid by the Borrower to the Lender, this Agreement shall terminate. (e) All notices, certificates, requests, demands, or other communications hereunder shall be sufficiently given and shall be deemed given upon receipt, by hand delivery, mail, overnight delivery, telecopy, or other electronic means, addressed as provided at the beginning of this Agreement. Any party to this Agreement may, by notice given to the other party, designate any additional or different addresses to which subsequent notices, certificates, or other communications shall be sent. For purposes of this Section, "electronic means" shall mean telecopy or facsimile transmission or other similar electronic means of communication that produces evidence of transmission. (f) This Agreement may be executed in one or more counterparts. (g) All pronouns used herein include all genders and all singular terms used herein include the plural (and vice versa). 20140828CityCouncilPacketA Page 11 k of 227 20140823/jrl (h) In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (i) Statements in Exhibit D attached hereto shall govern the matters they address. (j) This Agreement and the Note constitute the entire agreement between the Borrower and the Lender with respect to the Loan and supersede all prior agreements, negotiations, representations, or understandings between such parties with respect to such matters. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered b their respective officials hereunto duly authorized as of the date first above written. CITY OF TYBEE ISLAND lie Approved as to form: Signature: Print Name:_ By: .— Borrower's Attorney Title: (SEAL) Attest Signature: Print Name: Title: GEORGIA ENVIRONMENTAL FINANCE AUTHORITY Signature: Kevin Clark Executive Director (SEAL) 20140828CityCouncilPacketA Page1103 of 227 20140823/jrl EXHIBIT A PAGE 1 OF 3 DESCRIPTION OF THE PROJECT SCOPE OF WORK. Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ The project consists of water and sewer systems improvements throughout the city. This includes the replacement of existing 8" and 6" AC water main with new C-900 PC water main and replacement of 12" ductile iron pipe (DIP) force main with new C900 PVC force main and related appurtenances. 20140828CityCouncilPacketA Page 104 of 227 20140823/jrl EXHIBIT A PAGE 2 OF 3 DESCRIPTION OF THE PROJECT PROJECT BUDGET Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ ITEM TOTAL LOAN Construction $1,445,305 $1,445,305 Contingency 95,164 95,164 Engineering/Inspection 144,531 144,531 Administrative/Legal 10,000 10,000 [TOTAL $1,695,000 $1,695,000] 20140828CityCouncilPacketA Page 105 of 227 20140823/jrl EXHIBIT A PAGE 3 OF 3 DESCRIPTION OF THE PROJECT PROJECT SCHEDULE Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ ACTION I DATE Plans & Specs Submitted to EPD November 30, 2013 Bid Opening January 10, 2014 Notice of Award January 17, 2014 I Notice to Proceed April 28, 2014 Initiation of Construction May 5, 2014 Completion of Construction June 30, 2015 20140828CityCouncilPacketA Page 106 of 227 20140823/jrl EXHIBIT B PAGE 1 OF 4 CITY OF TYBEE ISLAND 2013L35WJ SPECIMEN PROMISSORY NOTE $1,695,000 FOR VALUE RECEIVED, the undersigned (hereinafter referred to as the "Borrower") promises to pay to the order of the Georgia Environmental Finance Authority (hereinafter referred to as the "Lender") at the Lender's office located in Atlanta, Georgia, or at such other place as the holder hereof may designate, the principal sum of ONE MILLION SIX HUNDRED NINETY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($1,695,000), or so much thereof as shall have been advanced hereagainst and shall be outstanding, together with interest on so much of the principal balance of this Note as may be outstanding and unpaid from time to time, calculated at the rate or rates per annum indicated below. The unpaid principal balance of this Note shall bear interest at a rate per annum equal to ONE AND 40/100 PERCENT (1.40%), (1) calculated on the basis of actual number of days in the year and actual days elapsed until the Amortization Commencement Date (as hereinafter defined), and (2) calculated on the basis of a 360- day year consisting of twelve 30-day months thereafter. Accrued interest on this Note shall be payable monthly on the first day of each calendar month until the first day of the calendar month following the earlier of (1) the Completion Date (as defined in the hereinafter defined Loan Agreement), (2) January 1, 2016, or (3) the date that the loan evidenced by this Note is fully disbursed (the "Amortization Commencement Date"). Principal of and interest on this Note shall be payable in Two Hundred Thirty-Nine (239) consecutive monthly installments equal to the Installment Amount (as hereinafter defined), commencing on the first day of the calendar month following the Amortization Commencement Date, and continuing to be due on the first day of each succeeding calendar month thereafter, together with a final installment equal to the entire remaining unpaid principal balance of and all accrued interest on this Note, which shall be due and payable on the date that is 20 years from the Amortization Commencement Date (the "Maturity Date"). This Note shall bear interest on any overdue installment of principal and, to the extent permitted by applicable law, on any overdue installment of interest, at the aforesaid rates. The Borrower shall pay a late fee equal to the Lender's late fee, as published from time to time in the Lender's fee schedules, for any installment payment or other amount due hereunder that is not paid in full within five (5) days after such payment is due. 20140828CityCouncilPacketA Page 107 of 227 20140823/jrl EXHIBIT PAGE 2 OF 4 "Installment Amount" means the amount equal to the monthly installment of principal and interest required to fully amortize the then outstanding principal balance of this Note as of the Amortization Commencement Date at the rate of interest on this Note, on the basis of level monthly debt service payments from the Amortization Commencement Date to and including the Maturity Date. All payments or prepayments on this Note shall be applied first to unpaid fees and late fees, then to interest accrued on this Note through the date of such payment or prepayment, and then to principal (and partial principal prepayments shall be applied to such installments in the inverse order of their maturity). At the option of the Lender, the Borrower shall make payments due under this Note using pre-authorized electronic debit transactions, under which the Lender will be authorized to initiate and effect debit transactions from a designated account of the Borrower without further or additional approval or confirmation by the Borrower. The Borrower further agrees to adopt any necessary approving resolutions and to complete and execute any necessary documents in order for the Lender to effect such pre- authorized debit transactions. In the event the Borrower has insufficient funds in its designated account on the date the Lender attempts to debit any payment due hereunder, the Borrower shall pay the Lender a processing fee equal to the Lender's processing fee, as published from time to time in the Lender's fee schedules for each such occurrence (but not exceeding two such processing fees in any calendar month), in addition to any late fee as provided above. The Borrower may prepay the principal balance of this Note in whole or in part at any time without premium or penalty. This Note constitutes the Promissory Note issued under and pursuant to and is entitled to the benefits and subject to the conditions of a Loan Agreement (the "Loan Agreement"), dated the date hereof, between the Borrower and the Lender, to which Loan Agreement reference is hereby made for a description of the circumstances under which principal shall be advanced under this Note. Reference is hereby made to the Loan Agreement for a description of the security for this Note and the options and obligations of the Borrower and the Lender hereunder. Upon an Event of Default (as defined in the Loan Agreement), the entire principal of and interest on this Note may be declared or may become immediately due and payable as provided in the Loan Agreement. The obligation of the Borrower to make the payments required to be made under this Note and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Borrower, as provided in the Loan Agreement, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, counterclaim, or recoupment, except for payment, it may otherwise have against the Lender. 20140828CityCouncilPacketA Page 108 of 227 20140823/jrl EXHIBIT B PAGE 3 OF 4 In case this Note is collected by or through an attorney-at-law, all costs of such collection incurred by the Lender, including reasonable attorney's fees, shall be paid by the Borrower. Time is of the essence of this Note. Demand, presentment, notice, notice of demand, notice for payment, protest, and notice of dishonor are hereby waived by each and every maker, guarantor, surety, and other person or entity primarily or secondarily liable on this Note. The Lender shall not be deemed to waive any of its rights under this Note unless such waiver be in writing and signed by the Lender. No delay or omission by the Lender in exercising any of its rights under this Note shall operate as a waiver of such rights, and a waiver in writing on one occasion shall not be construed as a consent to or a waiver of any right or remedy on any future occasion. This Note shall be governed by and construed and enforced in accordance with the laws of the State of Georgia (without giving effect to its conflicts of law rules). Whenever possible, each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Note shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. Words importing the singular number hereunder shall include the plural number and vice versa, and any pronoun used herein shall be deemed to cover all genders. The word "Lender" as used herein shall include transferees, successors, and assigns of the Lender, and all rights of the Lender hereunder shall inure to the benefit of its transferees, successors, and assigns. All obligations of the Borrower hereunder shall bind the Borrower's successors and assigns. 20140828CityCouncilPacketA Page 109 of 227 20140823/jrl EXHIBIT B PAGE 4 OF 4 SIGNED, SEALED, AND DELIVERED by the undersigned Borrower as of the day of CITY OF TYBEE ISLAND By: SPECIMEN Name: Title: (SEAL) Attest: By: SPECIMEN Printed Name: Title: APPROVED AS TO FORM: By: SPECIMEN Printed Name: Title: Borrower's Attorney 4e'dp • . AND NIA V°4 20140828CityCouncilPacketA Page 110 of 227 201408236r1 EXHIBIT C PAGE 1 OF 2 BIDDING AND PRECONSTRUCTION REQUIREMENTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ I. Competitive procurement by public bidding is required for construction, construction services, materials, and equipment. II. The Borrower must advertise for bids by conspicuously posting the notice in its office and by advertising in the local newspaper that is the legal organ or on its Internet website or on an Internet site designated for its legal advertisements. III. Advertisements must appear at least twice. The first advertisement must appear at least four weeks prior to the bid opening date. The second advertisement must follow at least two weeks after the first advertisement. Website advertisements must remain posted for at least four weeks. Plans and specifications must be available for inspection by the public on the first day of the advertisement. The advertisement must include details to inform the public of the extent and character of work to be performed, any pre- qualification requirements, any pre-bid conferences, and any federal requirements. IV. The Borrower must require at least a 5 percent bid bond or certified check or cash deposit equal to 5 percent of the contract amount. V. Sealed bids, with a public bid opening, are required. VI, The Borrower must award the contract to the low, responsive, and responsible bidder or bidders, with reservation of right to reject all bids. VII. The Borrower may modify bidding documents only by written addenda with notification to all potential bidders not less than 72 hours prior to the bid opening, excluding Saturdays, Sundays, and legal holidays. VIII. The Borrower must require 100 percent payment and performance bonds. IX. Change orders may not be issued to evade the purposes of required bidding procedures. Change orders may be issued for changes or additions consistent with the scope of the original construction contract documents, 20140828CityCouncilPacketA Page 111 of 227 20140823/jrl EXHIBIT C PAGE 2 OF 2 X. Prior to disbursement of funds, the Borrower shall provide the Lender with copies of the following: A. Proof of advertising; B. Certified detailed bid tabulation; C. Engineer's award recommendation; D. Governing body's award resolution; E. Executed contract documents, including plans and specifications; F. Construction and payment schedules; G. Notice to proceed; H. Contractor's written oath in accordance with a.C.G.A. Section 36-91-21 (e). (This is an oath required by law to be provided to the Borrower by the contractor. In short, this oath must state that the contractor has not acted alone or otherwise to prevent or attempt to prevent competition in bidding by any means and must be signed by appropriate parties as defined by law.); and I. Summary of plans for on-site quality control to be provided by the Borrower or the Engineer- name and brief qualifications of construction inspector(s) and approximate hours per week of inspection to be provided. XI. If other funding sources are involved that have stricter bidding requirements or if applicable laws or ordinances require stricter requirements, these stricter requirements shall govern. XII. If the Borrower wishes to fund work that may not fully meet the bidding requirements of this Agreement, then, prior to bidding this work, it shall submit a written request to the Lender that specific requirements be waived. Based on specific circumstances of the request, the Lender may require submission of additional information necessary to document that State laws and local ordinances are not violated and that the intent of the bid procedures set forth in this Exhibit C (public, open, and competitive procurement) is satisfied through alternate means. XIII. The Borrower is required to notify the Lender at least two weeks prior to pre- construction conferences for work funded under this Agreement and to schedule these conferences so that a representative from the Lender may participate. 20140828CityCouncilPacketA Page 112 of 227 20140823/jrl EXHIBIT D PAGE 1 OF 3 STATE REQUIREMENTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ None. 20140828CityCouncilPacketA Page 113 of 227 20140823/jrl EXHIBIT D PAGE 2 OF 3 FEDERAL REQUIREMENTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ None. 20140828CityCouncilPacketA Page 114 of 227 20140823/jrl EXHIBIT D PAGE 3 OF 3 FINANCIAL COVENANTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ None. 20140828CityCouncilPacketA Page 115 of 227 20140823/jrl EXHIBIT E PAGE 1 OF 2 OPINION OF BORROWER'S COUNSEL (Please furnish this form on Attorney's Letterhead) DATE Georgia Environmental Finance Authority 233 Peachtree Street, N.E. Harris Tower, Suite 900 Atlanta, GA 30303-1508 Ladies and Gentlemen: As counsel for the CITY OF TYBEE ISLAND (the "Borrower"), I have examined duly executed originals of the Loan Agreement (the "Loan Agreement"), Loan/Project No. 2013L35WJ, between the Borrower and Georgia Environmental Finance Authority (the "Lender"), the related Promissory Note (the "Note") of the Borrower, the proceedings taken by the Borrower to authorize the Loan Agreement and the Note (collectively, the "Credit Documents"), and such other documents, records, and proceedings as I have deemed relevant or material to render this opinion, and based upon such examination, I am of the opinion, as of the date hereof, that: 1. The Borrower is a public body corporate and politic, duly created and validly existing under the laws of the State of Georgia. 2. The Credit Documents have been duly authorized, executed, and delivered by the Borrower and are legal, valid, and binding obligations of the Borrower, enforceable in accordance with their terms. 3. To the best of my knowledge, no litigation is pending or threatened in any court or other tribunal, state or federal, in any way questioning or affecting the validity of the Credit Documents. 4. To the best of my knowledge, the execution, delivery, and performance by the Borrower of the Credit Documents will not conflict with, breach, or violate any law, any order or judgment to which the Borrower is subject, or any contract to which the Borrower is a party. 5. The signatures of the officers of the Borrower that appear on the Credit Documents are true and genuine. I know such officers and know them to be the duly elected or appointed qualified incumbents of the offices of the Borrower set forth below their names. With your permission, in rendering the opinions set forth herein, I have assumed the following, without any investigation or inquiry on my part: 20140828CityCouncilPacketA Page 116 of 227 20140823/jrl EXHIBIT E PAGE 2 OF 2 (I) the due authorization, execution, and delivery of the Credit Documents by the Lender; and (ii) that the Credit Documents constitute the binding obligations of the Lender and that the Lender has all requisite power and authority to perform its obligations thereunder. The enforceability of the Credit Documents (I) may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, and other similar laws affecting the enforcement of creditors' rights, (ii) may be subject to general principles of equity, whether applied by a court of law or equity, and (iii) may also be subject to the exercise of judicial discretion in appropriate cases. Very truly yours, Signature Printed Name Date 20140828CityCouncilPacketA Page 117 of 227 20140823/jrl EXHIBIT F EXTRACT OF MINUTES RESOLUTION OF GOVERNING BODY Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ At a duly called meeting of the governing body of the Borrower identified above (the "Borrower") held on the day of , the following resolution was introduced and adopted. WHEREAS, the governing body of the Borrower has determined to borrow but not to exceed $1,695,000 from the Georgia Environmental Finance Authority (the "Lender") to finance a portion of the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A to the hereinafter defined Loan Agreement (the "Project"), pursuant to the terms of a Loan Agreement (the "Loan Agreement") between the Borrower and the Lender, the form of which has been presented to this meeting; and WHEREAS, the Borrower's obligation to repay the loan made pursuant to the Loan Agreement will be evidenced by a Promissory Note (the "Note") of the Borrower, the form of which has been presented to this meeting; NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that the forms, terms, and conditions and the execution, delivery, and performance of the Loan Agreement and the Note are hereby approved and authorized. BE IT FURTHER RESOLVED by the governing body of the Borrower that the terms of the Loan Agreement and the Note (including the interest rate provisions, which shall be as provided in the Note) are in the best interests of the Borrower for the financing of the Project, and the governing body of the Borrower designates and authorizes the following persons to execute and deliver, and to attest, respectively, the Loan Agreement, the Note, and any related documents necessary to the consummation of the transactions contemplated by the Loan Agreement. (Signature of Person to Execute Documents) (Print Title) (Signature of Person to Attest Documents) (Print Title) The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect. Dated: Secretary/Clerk (SEAL) %Ip 20140828CityCo ketA Page 118 of 227 20140823/jrl CITY OF TYBEE ISLAND Loan/Project No. 2013L35WJ FROHSSCDRY NOME $1,695,000 FOR VALUE RECEIVED, the undersigned (hereinafter referred to as the "Borrower") promises to pay to the order of the Georgia Environmental Finance Authority (hereinafter referred to as the "Lender") at the Lender's office located in Atlanta, Georgia, or at such other place as the holder hereof may designate, the principal sum of ONE MILLION SIX HUNDRED NINETY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($1,695,000), or so much thereof as shall have been advanced hereagainst and shall be outstanding, together with interest on so much of the principal balance of this Note as may be outstanding and unpaid from time to time, calculated at the rate or rates per annum indicated below. The unpaid principal balance of this Note shall bear interest at a rate per annum equal to ONE AND 40/100 PERCENT (1.40%), (1) calculated on the basis of actual number of days in the year and actual days elapsed until the Amortization Commencement Date (as hereinafter defined), and (2) calculated on the basis of a 360- day year consisting of twelve 30-day months thereafter. Accrued interest on this Note shall be payable monthly on the first day of each calendar month until the first day of the calendar month following the earlier of (1) the Completion Date (as defined in the hereinafter defined Loan Agreement), (2) January 1, 2016, or (3) the date that the loan evidenced by this Note is fully disbursed (the "Amortization Commencement Date"). Principal of and interest on this Note shall be payable in Two Hundred Thirty-Nine (239) consecutive monthly installments equal to the Installment Amount (as hereinafter defined), commencing on the first day of the calendar month following the Amortization Commencement Date, and continuing to be due on the first day of each succeeding calendar month thereafter, together with a final installment equal to the entire remaining unpaid principal balance of and all accrued interest on this Note, which shall be due and payable on the date that is 20 years from the Amortization Commencement Date (the "Maturity Date"). This Note shall bear interest on any overdue installment of principal and, to the extent permitted by applicable law, on any overdue installment of interest, at the aforesaid rates. The Borrower shall pay a late fee equal to the Lender's late fee, as published from time to time in the Lender's fee schedules, for any installment payment or other amount due hereunder that is not paid in full within five (5) days after such payment is due. "Installment Amount" means the amount equal to the monthly installment of principal and interest required to fully amortize the then outstanding principal balance of this Note as of the Amortization Commencement Date at the rate of interest on this Note, on the basis of level monthly debt service payments from the Amortization Commencement Date to and including the Maturity Date. US2000 1686340.12 20140828CityCouncilPacketA Page 119 of 227 20140823/jrl All payments or prepayments on this Note shall be applied first to unpaid fees and late fees, then to interest accrued on this Note through the date of such payment or prepayment, and then to principal (and partial principal prepayments shall be applied to such installments in the inverse order of their maturity). At the option of the Lender, the Borrower shall make payments due under this Note using pre-authorized electronic debit transactions, under which the Lender will be authorized to initiate and effect debit transactions from a designated account of the Borrower without further or additional approval or confirmation by the Borrower. The Borrower further agrees to adopt any necessary approving resolutions and to complete and execute any necessary documents in order for the Lender to effect such pre- authorized debit transactions. In the event the Borrower has insufficient funds in its designated account on the date the Lender attempts to debit any payment due hereunder, the Borrower shall pay the Lender a processing fee equal to the Lender's processing fee, as published from time to time in the Lender's fee schedules for each such occurrence (but not exceeding two such processing fees in any calendar month), in addition to any late fee as provided above. The Borrower may prepay the principal balance of this Note in whole or in part at any time without premium or penalty. This Note constitutes the Promissory Note issued under and pursuant to and is entitled to the benefits and subject to the conditions of a Loan Agreement (the "Loan Agreement"), dated the date hereof, between the Borrower and the Lender, to which Loan Agreement reference is hereby made for a description of the circumstances under which principal shall be advanced under this Note. Reference is hereby made to the Loan Agreement for a description of the security for this Note and the options and obligations of the Borrower and the Lender hereunder. Upon an Event of Default (as defined in the Loan Agreement), the entire principal of and interest on this Note may be declared or may become immediately due and payable as provided in the Loan Agreement. The obligation of the Borrower to make the payments required to be made under this Note and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Borrower, as provided in the Loan Agreement, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, counterclaim, or recoupment, except for payment, it may otherwise have against the Lender. In case this Note is collected by or through an attorney-at-law, all costs of such collection incurred by the Lender, including reasonable attorney's fees, shall be paid by the Borrower. Time is of the essence of this Note. Demand, presentment, notice, notice of demand, notice for payment, protest, and notice of dishonor are hereby waived by each and every maker, guarantor, surety, and other person or entity primarily or secondarily liable on this Note. The Lender shall not be deemed to waive any of its rights under this -2- US2000 1686340.12 20140828CityCouncilPacketA Page 120 of 227 20140823/jrl Note unless such waiver be in writing and signed by the Lender. No delay or omission by the Lender in exercising any of its rights under this Note shall operate as a waiver of such rights, and a waiver in writing on one occasion shall not be construed as a consent to or a waiver of any right or remedy on any future occasion. This Note shall be governed by and construed and enforced in accordance with the laws of the State of Georgia (without giving effect to its conflicts of law rules). Whenever possible, each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Note shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. Words importing the singular number hereunder shall include the plural number and vice versa, and any pronoun used herein shall be deemed to cover all genders. The word "Lender" as used herein shall include transferees, successors, and assigns of the Lender, and all rights of the Lender hereunder shall inure to the benefit of its transferees, successors, and assigns. All obligations of the Borrower hereunder shall bind the Borrower's successors and assigns. SIGNED, SEALED, AND DELIVERED by the undersigned Borrower as of the day of CITY OF TYBEE ISLAND Approved as to form: Signature: Print Name: By: Title: _ 4= Borrower's Attorney (SEAL) SEAL Attest Signature: •rint Name: Title: -3- US2000 1686340.12 20140828CityCouncilPacketA Page 121 of 227 20140823/jrl O O O O O O O O O O o o 0 0 0 0 o 0 0 0 0 0 0 0 .o tca 0 0 0 O c 00 00 0 0 0 O 00 d 0 0 0 a m 7 m m 0 05 m 15-op) a v rn al m CO3 trr to . O 0 0 0 0 0 0 0 0 0 0 O 0 o O co co 0 O O 0 0 < O O o O W 00 W tO CO K ac) z a E — y 7 d I ER ER U O m m a aal 0 0 0 0 0 0 0 N as i Z Z O O O O ' O O O 173 III co Q) V 7 a) iL• 1 ct `2 m a K .p m Q o re o a a m m w Ti CD ■ O Cl a) co N cu 0 U P.- 69 2 2 CC a) _ 2 o oo 00 oo 00 6 00 00 0 U s m v o 0 0 o N U o 0 o N R < a 'm W W 0 o W m Ce m ... E I— m U U Z w Q U) a W a Z o (.' W m 2 m 2 C) Ce D w w W (+) w V II • y O O+ � c7(/) O O J 7 m Q m Q J Ci I 'a Y a w I- Z :G `�r. x' W ~ x� CO CO Q ":04, '',,14 " w CI ? w Z W LLI WI W W CO o 00 ~ o o a O o a W o o Z I- I- a W LL ro Z co Z Oz Z J � —I z 0 I— 0 U ow } 0 ` - 0 O 0 Om c CO Z 2 v o m o o L, c C U N O O O CO N o V N O 0 M O >, C C Q Q c L. O o a) 0 M 0 Y 00 N .a : -t r ate) > w O N c c 'oo c'E o o_ a @ o O O Z. a LL.. U U in o a) a) a) a) O c O 0 a Q. L ' 'E Q @ a) o o 7 C a) c N N o o Q ES _2 c a m m U U W 0 6 as .X Q Q N C) N 0 rc.. `—�" O 'a .0 E a) v U d @ Q ° m a) a a m • a N co d . -o a) O LL N m y _ C O m N T O E ) o a Cl) a m o o N E ) m Q a E E c • a 0 c `m z) O 3 a o f m a m as c N N 0 c a E 029140823CityCouncilPacketA o Fage 122% d d 110823 'I 0 -2 u) co I- N M City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 28, 2014 Item: Waste Water Treatment Plant Digester—Engineering Proposal—$82,000 - Infrastructure Committee recommended 3-0 Account#: 504-4310-54-2100 (Machinery& Equipment) Paper Work: X Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 8.18.14 20140828CityCouncilPacketA Page 123 of 227 20140823/jrl THOMAS & HUTTON 50 PARK OF COMMERCE WAY I SAVANNAH, GA31405 912.234.5300 I WWW.THOMASANDHUTTON.COM July 24, 2014 Ms. Diane Schleicher City of Tybee Island 403 Butler Ave Tybee Island, GA 31328 Re: WWTF Digester Improvements City of Tybee Island Letter Agreement for Services Dear Ms. Schleicher: Thank you for requesting our engineering services for the digester improvements at the City of Tybee Island Wastewater Treatment Facility. The City has a need for additional biosolids treatment and management at the wastewater treatment facility. After a preliminary review of options by Thomas & Hutton, the City has decided to move forward with a new aerobic digester to assist in treatment and reduction of the biosolids within the facility. The project will include a new 65-foot diameter by 16' foot deep pre-stressed concrete tank with additional blowers and aeration diffusers, electrical upgrades, and piping to existing sludge return pumps. Our services will consist of the General Consulting Phase, Survey Phase, Design Development Report Phase, Design Phase, Permitting Phase, Bid Phase, monitoring during the Construction Phase and Closeout Phase, as set forth in the General Provisions, supplemental exhibits, attached hereto, and such Additional Services as you may request during the course of the Project. We understand that you will furnish us with full information as to your requirements, including any special or extraordinary considerations for the Project and will make pertinent existing data available to us. Payment for our services will be as described in the attached General Provisions. You will be billed monthly for our services rendered and for Reimbursable Expenses. Owner's Initials ''�'/' Consultant's Initials 140828CityCouncilPacketA Page 124 of 227 20140823/jrl Ms. Diane Schleicher City of Tybee Island Letter Agreement for Services July 24, 2014 Page 2 We propose that payment for our services will be as follows: Fee or Time & Phase Fee Structure Expense Budget General Consulting: Time & Expense-Budget $ 4,000.00 General Study/Report: Lump Sum $ 12,000.00 Survey: Lump Sum $ 3,000.00 Design: Lump Sum $ 32,000.00 Permit: Time & Expense-Budget $ 6,500.00 Bid: Time & Expense-Budget $ 5,000.00 Construction: Time & Expense-Budget $ 17,000.00 Reimbursable Expenses: Time & Expense-Budget $ 2,500.00 Additional Services: Time & Expense The above fee arrangements are based on prompt payment of our invoices and the orderly and continuous progress of the Project through construction. It is necessary that you advise us in writing at an early date if you have budgetary limitations for the overall Project Cost or Construction Cost. We will endeavor to work within those limitations. At appropriate times during the Design Phase, we can submit to you our opinions as to the probable construction cost of the Project. We do not guarantee that our opinions will not differ materially from bids or negotiated prices. This proposal between the City of Tybee Island ("Owner"), and Thomas & Hutton Engineering Co. ("Consultant" or "Thomas & Hutton"), consisting of the Scope of Services, General Provisions, Consulting Services on a Time & Expense Basis Rate Sheet, and this letter with authorized signatures, represents the entire understanding between you and us with respect to the Project. This agreement may only be modified in writing if signed by both of us. If the arrangements set forth in these documents are acceptable to you, please sign and initial the enclosed documents in the spaces provided below and return to us. This proposal will be open for acceptance until September 30 2014, unless changed by us in writing. We appreciate the opportunity to prepare this proposal and look forward to working with you on the project. The parties agree and acknowledge that any of the parties hereto may execute this agreement by electronic signature, and the other party may rely upon such electronic signature as an original record of signature. Very truly yours, THOMAS & HUTTON ENGINEERING CO. I By A. Christopher Stovall, P.E. ACS/kts 201408iInitl'tSetA Page 125 of 227 20140823/jrl r , Consultant's Initials Ms. Diane Schleicher City of Tybee Island Letter Agreement for Services July 24, 2014 Page 3 Enclosures: Scope of Services General Provisions Consulting Services Rate Sheet ACCEPTED: , 2014 By TITLE 20014088 Ayinr ketA Page 126 of 227 20140823/jrl //1 7 (`nne..14Fnn3'e InIII,,It LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS SCOPE OF SERVICES JULY 24,2014 SCOPE OF SERVICES The City has a need for additional biosolids treatment and management at the wastewater treatment facility. After a preliminary review of options by Thomas & Hutton, the City has decided to move forward with a new aerobic digester to assist in treatment and reduction of the biosolids within the facility. The project will include a new 65-foot diameter by 16' foot deep pre-stressed concrete tank with additional blowers and aeration diffusers, electrical upgrades, and piping to existing sludge return pumps. 1. SCOPE OF SERVICES A. General Consulting Phases 1. General Consulting The Consultant shall provide general clerical/administration duties to support the project, attend monthly infrastructure meetings and provide general information to the Client and updates as needed on a Time and Expense basis. B. Design Development Report Phase 1. Wastewater Preliminary Engineering Report - The Consultant shall perform a preliminary evaluation to determine preliminary wastewater treatment system size requirements, calculations, and cost estimates. 2. Geotechnical Report - Owner shall retain the services of a geotechnical consultant to perform geotechnical borings and prepare a preliminary piling design for the new structure. The study will be used by the Consultant to prepare plans for the structure. C. Survey Phase Based upon the final master plan approved by the Owner, Consultant will perform the following Survey Phase tasks: 1. Topographic Survey Surveyor shall prepare a topographic survey of the site for use in planning and engineering design. Surveyor shall obtain vertical and horizontal data in a 20- foot grid across the site. Surveyor shall field locate known visible utilities within the project limits. The survey and subsurface utility locations will be augmented from existing as-built information provided by the Owner. Owner's Initials 69A§6li1i'riti'f ItfIVA Page 127 of 227 20140823/jrl LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS SCOPE OF SERVICES JULY 24,2014 D. Design Phase 1. Engineering Design After completion of Survey Phase and Owner approval of the Preliminary Subdivision Plat, the Consultant shall prepare site development plans. These plans shall be submitted to the Owner for review. The site development plans will include: • Grading-finish pad elevations, finish contours, and grading information. • Digester structural, mechanical, and electrical plans, profiles and details • Erosion Control details • Hydraulic Profiles of new equipment • Construction Details-sanitary sewer and erosion control. • Quantity Takeoff and Opinion of Probable Construction Cost. • Technical specifications for clearing, earthwork, structures, piping, and process equipment. • Design calculations for digester. • Coordinate with Geotechnical Consultant - The Owner will retain a geotechnical consultant to perform subsurface investigations and pavement design for the project. The Consultant will coordinate with the geotechnical consultant regarding needs of the project and preliminary design information for the project. 2. Proiect Team Meetings Consultant shall attend project meetings at the request of the Owner. The planned meetings include a kick-off, 60%and 90%design review meeting. If the budget for meeting time is expended, the Owner will authorize additional funds on a Time & Expense basis. 3. Structural Design Consultant shall provide structural design and construction plan meeting the minimum requirements of the authorities. The plan shall be prepared by a registered professional Consultant. E. Permit Phase 1. Permits Consultant shall assist Owner with the preparation of submittal packages for the development approval. The payment of fees associated with the application process is the responsibility of the Owner. Consultant shall submit final plans and specifications to the applicable local, state, and federal agencies for review. Agency submittals anticipated for this project include: • Georgia EPD ppyyne IIq • US Soil Conservation Service 2u14D81tiC�ty�outncaill'acketA Page 128 of 227 201408230 Consultant's Initials 1 LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS SCOPE OF SERVICES JULY 24,2014 Submittal fees are not included in our fee schedule and shall be provided by the Owner at the time of submittal. Consultant will assist Owner in obtaining construction permits for the project. This phase includes revising plans and specifications according to agency comments and if requested, meeting with the agencies on behalf of the Owner. 2. Erosion Control Permit Consultant will assist the Owner in compliance with the requirements of the permit to Discharge Storm Water Associated with Construction Activity. This assistance may include, when requested by the Owner: • Submit Notice of Intent (NOI) to the State on behalf of the Owner (as a Primary Permittee). This will include a certification that the Erosion, Sedimentation, and Pollution Control Plan (ES&PCP) has been prepared in accordance with the General Permit. • Develop a Comprehensive Monitoring Plan (CMP). The ES&PCP will indicate monitoring locations and may be used in the CMP. • Provide an initial observation of the measures installed under the ES&PC within one (1) week after construction activities commence. Additional observations will be conducted as other measures required by the Plan are installed. • Prepare and submit, as warranted, amendments to the ES&PCP. The Consultant's services do not include: • Qualified personnel to monitor maintenance of ES&PC measures. • Continuous monitoring of maintenance of ES&PC measures • Monitoring of NTU's at outfalls or receiving streams • Submittal of monthly reports to EPD • Submittal of Notice of Termination (NOT) and certification F. Construction Phase Consultant will provide the following services for the Construction Phase: 1. Bid Process Consultant shall assist Owner during the Bid Phase. The service shall be provided on a Time & Expense basis. Typical services provided during this phase include preparation of contract documents, assembling bid packages, attending or conducting pre-bid meetings, responding to contractor questions, and preparation of the Consultant's recommendation letter for award of bid. Personnel time will be detailed on monthly invoices. 2. Construction Services During the course of construction, the Consultant will provide the following services: Owner's Initials airy 0140828CityCouncilPacketA Page'F 9 of 227 201408230 Consultant's Initials LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS SCOPE OF SERVICES JULY 24,2014 • Review material data, shop drawings, and construction schedules provided by the Contractor. • Provide construction observation and monitoring to ascertain that the work is in substantial conformance with the contract documents and with the design intent. • Attend final field inspections by regulating agencies for the project. • Review record drawings provided by Contractor. • Request project acceptance by applicable agencies. • Prepare water and wastewater record drawings. • Construction Observation. • Structural Construction Observation. Construction observation and monitoring does not include exhaustive or continuous on-site inspections to check the quality or quantity of the Contractor's work. However, it does include visits to the project site at intervals appropriate to the various stages of construction to review general compliance with approved plans and specifications, estimated at 8 interim visits, a punch list visit, and final visit. Such visits and observations shall not require Consultant to assume responsibilities for the means and methods of construction, nor for safety measures or conditions on the job site. Both parties understand that the Contractor has notification requirements at specific intervals of the construction process. Consultant does not provide accessibility construction compliance verification. This service can be provided at the request of the Owner with specific scopes and fees. The Consultant provides construction services as defined above for the work designed by the Consultant. Other construction work that may occur on site is the responsibility of other design professionals or the Owner and expressly not the responsibility of the Consultant. 3. Record Drawing Preparation Consultant shall prepare record drawings based on information supplied by the Contractor. The Contractor will provide a survey regarding the constructed facilities. The survey provided by Contractor shall be certified by a registered surveyor licensed in the state in which the work is performed, if required by the governing agency. The scope does not include field work on the part of the Consultant. The information will be compiled in an AutoCAD format by the Contractor and submitted to the Consultant. The Consultant will review this information to ensure that the information submitted meets the intended design. The Consultant shall not verify or certify that the information submitted by the Contractor or Contractor Representative is correct. The Consultant will submit this information to the reviewing agency. The record drawings will meet the requirements of the City's record drawing specifications at the time this contract is executed. In addition, the Record Drawings will include: • Storm drainage structures, inverts, and frame elevations • The scope does not include the location or depth of any power, telephone, cable television, or natural gas lines. Owner's Initials 0140828CityCouncilPacketA Page 1430 of 227 20140823/jrl Consultant's Initials LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS SCOPE OF SERVICES JULY 24,2014 • The record drawing will be compiled from field information collected during the survey phase, water and sewer laterdl locations as determined in the pad elevation survey, contractor's notes, and observations made by Consultant. The data will be presented in a format for the reviewing agency's review. • Additional information required by the reviewing agency beyond what is reasonable and customary for record drawings, shall be billed as additional services. Examples are as follows: - Geodetic coordinates for structures, fittings, or pipes - Profiles for sanitary sewer, water, or storm drainage - Roadway profiles - Testing locations for roadway on the plan view G. Exclusions Items not included in the scope of services are as follows: • Accessibility construction compliance verification • Archaeological survey and report • Wetland delineation, surveys, or permits • Dune or Flood Plain designation lines • Geotechnical investigation or report • Phase One or Phase Two Environmental Assessments • Endangered species survey and report • Off-site work unless specifically covered in the scope of services • Approvals or permits other than those related to the scope of work covered by this contract • Act as an expert witness for legal activities • Telephones, cable television, gas, and power distribution systems These items can be coordinated or provided,if requested by the Owner in writing. 2. PERIODS OF SERVICE A. General Consulting Phases After receipt of a written notice to proceed from the Owner, Consultant will commence work within seven (7) calendar days after receipt and complete work described in this phase throughout the project. B. General Studv/Report Phases After receipt of a written notice to proceed from the Owner, Consultant will commence work within seven (7) calendar days after receipt and complete work described in this phase within thirty (30) calendar days. Owner's Initials 40828CityCouncilPacketA Page 11 of 227 20140823/jrl onsultant's Initials LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS& HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS SCOPE OF SERVICES JULY 24,2014 C. Survey Phase After the Owner approves the final master plan, Consultant will commence work within seven (7) calendar days after receipt and complete work described in this phase within thirty (30) calendar days. D. Design Phase After the Survey Phase required for design is complete, Consultant will commence work within seven (7) calendar days and complete work described in this phase within thirty (30) calendar days. E. Permit Phase After receipt of a written notice to proceed from the Owner, Consultant will commence work within seven (7) calendar days after receipt and complete submission of permit applications described in this phase within fifteen (15) calendar days. F. Construction Phase After receipt of a written notice to proceed from the Owner, Consultant will commence work within seven (7) calendar days after receipt and complete work described in this phase within one hundred eighty (180) calendar days. Owner's Initials �40828CityCounalPacketA Page 1g2 of 227 20140823/ir1 4'/ii Consultant's Initials GENERAL PROVISIONS TO LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS 8,HUTTON ENGINEERING CO.(CONSULTANT)AND THE CITY OF TYBEE ISLAND(OWNER) W WTF DIGESTER IMPROVEMENTS JULY 24,2014 PAYMENT FOR SERVICES CONSULTANT'S RESPONSIBILITIES For services rendered,Owner shall pay Consultant as outlined in the The professional services performed under this Agreement, as Letter Agreement for Services. defined in the scope, shall be consistent with sound engineering practices and shall incorporate federal,state,and local regulations Payment for services on the basis of'Time& Expense"shall be paid and standards that are applicable at the time the Consultant in accordance with the schedule of charges attached hereto. rendered his services. Project related costs for printing, reproductions, materials, and Consultant will strive to perform services under this Agreement in a travel will be billed as reimbursable expenses. manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the Projects will be billed monthly or at the completion of the work, area under similar conditions. No other representation, expressed whichever comes sooner, with payment due upon receipt. or implied,and no warranty or guarantee is included or intended in Payment shall be considered overdue after forty-five(45)days from the Agreement,or in any report,opinion,document,or otherwise. date of invoice, with interest charged at a monthly rate of 1.5 percent(18 percent annual rate). MISCELLANEOUS Consultant reserves the right to suspend work hereunder or any other A. Opinions of Probable Costs work to be performed by Consultant for Owner or any of its affiliates under a separate agreement or agreements with Consultant in the Since the Consultant has no control over the cost of labor, event of delinquent payment by Owner to Consultant hereunder or in materials, or equipment, or over the Contractor's methods of the event of delinquent payment by Owner or its affiliates to determining prices. or over competitive bidding or market Consultant under a separate agreement or agreements. For all conditions, his opinions of probable construction costs purposes hereof,affiliate shall mean(i)in the case of an individual,any provided for herein are to be made on the basis of his relative of any person listed among the following, (ii) any officer, experience and qualifications. These opinions represent his director,trustee,partner.manager,employee or holder of 5 percent or best judgment as a design professional familiar with the more of any class of the voting securities of or equity interest in the construction industry. Owner;(iii)any corporation,partnership,limited liability company,trust or other entity controlling,controlled by or under common control with However,the Consultant cannot and does not guarantee that the Owner; or (iv) any officer, director, trustee, partner, manager, proposals, bids, or the construction cost will not vary from employee or holder of 5 percent or more of the outstanding voting opinions of probable construction costs prepared by him. securities of any corporation, partnership, limited liability company, trust or other entity controlling,controlled by,or under common control B. CADD Files with the Owner. Information supplied to the Consultant for use on the project OWNERSHIP OF INSTRUMENTS OF SERVICE will be in AutoCAD 2008 format or later version. Translation of files or entering data into a compatible format is beyond the All reports,drawings,specifications,computer files,field data, notes scope of the contract. CADD files generated by the and other documents and instruments prepared by Consultant as Consultant will be in accordance with the Consultant's CADD instruments of service shall remain the property of the Consultant. specifications. The Consultant shall retain all common law, statutory, and other reserved rights,including,without limitation, the copyrights thereto. C. Umffs of Liability The Consultant shall retain these records for a period of two (2) years following their completion during which period paper copies Services to be performed by the Consultant under this will be made available to the Project Owner at reasonable times. Agreement are intended solely for the benefit of the Owner. Nothing contained herein shall confer any rights upon or OWNER'S RESPONSIBILITIES create any duties on the part of the Consultant toward any person or persons not a party to this Agreement'ncluding,but A. Access not limited to, any contractor,subcontractor, supplier, or the agents,officers,employees,insurers.or sureties of any of them. Owner shall make provisions for the Consultant to enter upon public and private lands as required to perform such work cis The-Owner agrees to--41•• •- _ _ - _ -- _ - -• surveys and inspections in development of the Project. : B. Owner's Representative The Owner shall designate in writing one person to act as Owner's Representative with respect to the work to be performed under this Agreement. This Representative shall have complete authority to transmit instructions, receive information. interpret, and define Owner's policy and compensation, decisions,with respect to the producf, materials, equipment, elements, and systems pertinent to the work covered by this D. Acts of Others Agreement. The Consultant shall not be responsible for the means, C. Fees methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety The Owner is responsible for payment of fees associated with precautions and programs incident to the work of the project. Such fees include permit review and application Contractor(s). Consultant shall not be responsible for the fees, impact fees, and capacity fees. The Consultant will failure of Contractor(s) to perform the work in accordance notify the Owner regarding the amount of fees and timing of with the Contract Documents. payment. The Consultant shall not be responsible for the acts or omissions of any Contractor. or sub-contractor,or any of the Contractor(s)', or sub-contractors' agents, or employees or Own@r's Ls 1nitialsS 40828Gity ouncilPacketA Pagl 103f3 ff 227 201408231rl 1k Consultant's Initials GENERAL PROVISIONS TO LETTER AGREEMENT FOR SERVICES BETWEEN THOMAS&HUTTON ENGINEERING CO.(CONSULTANT)AND THE CRY OF TYBEE ISLAND(OWNER) WWTF DIGESTER IMPROVEMENTS JULY 24,2014 any other persons (except Consultants own employees and J. Additional Services of Consultant agents) at the site or otherwise performing any of the Contractor(s)'work. However,nothing contained herein shall If authorized by Owner in writing, Consultant shall furnish or be construed to release Consultant from liability for failure to obtain from others, Additional Services of the following types perform properly the duties undertaken by Consultant in the that are not considered normal or customary Bas:c Services. Contract Documents. 1 Revising previously accepted studies, reports, design The Consultant shall not be responsible for the acts,omissions, documents,or Contract Documents when such revisions means, methods, or specifications of other design are due to causes beyond Consultant's control. professionals involved in the project. Unless specifically stated otherwise, the Consultant's work and responsibility under this 2. Furnish the services of special consultant for other than Contract terminates at the building pad or within five(5)feet of the civil or structural engineering defined:n the scope of the building, whichever Is greater, for any proposed building services. Special services include services such as shown on the plans. The Owner/Architect/Contractor is mechanical or electrical engineering, geotechnical responsible for compliance with codes, regulations, exploration, underwater investigation, laboratory testing, manufacturer specifications, and construction methods and inspections of samples,materials,and equipment. related to the building structure. In no circumstance is the Consultant responsible for any portion of the building, 3 Preparing to serve or serving as a consultant or witness especially as it relates to moisture or mold. for Owner in any litigation,public hearing,or other legal C or administrative proceeding involving the project. E. Indemnifcation 4. Defending the issuance of any permit or certificate for the project. Services for the defense against third party actions opposing or appealing the issuance of any permit or certificate for the Project will commence with receipt of notification of the action. _- - -- _ _ - _ ` - - - -- _ - - . - . e. - - 5. Services after completion of the Construction Phase. such as inspections during any equipment, material, or construction guarantee period and reporting observed discrepancies under • - -_ - - -= p guarantees called for in any contract for the project. 6. If requested by Owner and agreed to in writing, a = Resident Project Representative will be furnished and win et-Owner act as directed by Consultant in order to assist in observing performance of the work of Contractor(s). Through more extensive on—site observations of the work in progress by the Resident Project Representative, Consultant shall endeavor to provide further protection for the Owner against defects and deficiencies in the work of Contractor(s). However, the furnishing of such representation will not make Consultant responsible for construction means, methods, techniques, sequences. -_ _ _ - _ •- _ _ == procedures, or for safety precautions or programs,or for certificate: Contractor(s), failure to perform their work in accordance with the Contract Documents. G. Termination K. Amendment Either party may terminate this Agreement by seven (7) days written notice in the event of substantial failure to perform in This Agreement for Services can be amended by addenda if accordance with the terms hereof by the one party through agreed to in writing and signed by both parties no fault of the other party. The Consultant shall be paid for services performed to the date of termination, including reimbursements then due. H. Abandoned or Suspended Work If any work performed by the Consultant is abandoned or suspended in whole or in part by the Owner, other than for default by the Consultant, the Consultant shall be paid for services performed prior to receipt of a written notice from the Owner of such abandonment or suspension in an amount equal to work performed as of the date of abandonment or suspension. I. Signage Owner agrees to allow Consultant to place a sign on the job site during construction. The sign will indicate that the Consultant performed site design. Consultant is responsible for the sign installation and removal. Owner's Initials 40828CityCouncilPacketA Pag lo4�f 227 201408231d Consultant's Initials skew!spe;Insuo3 siefl!ui s,JauMO Of Cn A W - - - N -' -1 L Om D 3 q * c.> is i. H �. co _ S}v ° c CO w 3 co a °o rg po ■p� p. M po 51i pS' ipa� o $ p8 S pp gp g w c 9' rn 3 t 0.0 w j 8 8 888888888 8 8 8 8 8 8 8 8 8 8 8 8 8 8 � c @" '4 c 'C 5. w N W2 (E- 5 co g 3 7 q 7 c 6 y. C N ID N a 1- O m m m 3- o n O C mil ig° cmiw wZ m a D n ' `°• .vv �vvvvvvv m c CD m a I9.. CT1 Cria) 05'-1 al E', c'-i El i• 21.1 . li uuu ilium( O a N < O O — _ = z o O� N sn• =a 0... (1) a g 3 0- 0 Im > . ?:L 3•y OOO. •p- 0. w w Q o 0 0 7 c c c c c c -D Cn _ w w Cn 'V Cn c O 8 0 a 0 z. z �z .g ailg g•z 0. -CL -..,- CD 0 4 g g- 5. - g g Qi w ocn yu ,z k — HJjtiiiiI4HUii o lID m w 0 U 3 3 w o 0 o T - fD 7 a CD 5 0 • 0 13 N tt O C CD CD fD O m r Z on ° w N mil E a 60 m w. CD °"< w imml _ • Q 0 CD • w• g 0 - o ifli 3 oFn ° cn 5 5. o. H c y, = 7 a = = n O -+ 0 o o a 4. a .I D w o w w y0 o <_ o w w c H CI. \ / Z S a 3.a y O i m a- . 3 - cn <n in in c• 8 I 3 v, m C w o �• > j c E- O CA a a a S 2 fn O O N 0 in 7 A -§ s a es 1 o' � y 0 0 0 c m s 3 3 a) g S a)5D s D ps - - • a I -D g' II 1111 a w m 3. 3 q v°, B 3 3 o c v a m o o N y w — _ — _ �D • c 3 n w am Q 6 - 3 0 crn ff g 5 ff Ea up 0 - I - < - - < - - as y 20140828CityCouncilPacketA Page 135 of 227 20140823/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 28, 2014 Item: GEFA Deep Well Intergovernmental Agreement and Easement—Infrastructure Committee recommended 3-0 Paper Work: _X_Attached* Audio/Video Presentation** Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council 8.18.14 20140828CityCouncilPacketA Page 136 of 227 20140823/jrl DRAFT—August 12,2014 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (this "Agreement") is made this day of , 2014 (the "Effective Date") by and between the Georgia Environmental Finance Authority, a public corporation and instrumentality of the State of Georgia (the "Authority") and the City of Tybee Island, Georgia, a municipal corporation ("City") (each a "Party" and collectively the "Parties"). WHEREAS, on January 25, 2011, Governor Nathan Deal issued an Executive Order ("Executive Order") directing the Authority to develop and implement the Governor's Water Supply Program for development of new sources of water supply adequate to meet future water demand forecasts; and WHEREAS, pursuant to the Executive Order, the Authority established a Water Supply Task Force to provide the Authority with expert guidance in developing the Governor's Water Supply Program and to foster interagency cooperation in implementation of the Governor's Water Supply Program; and WHEREAS, State of Georgia general obligation bond proceeds (the "Bond Proceeds") have been made available through the Georgia Department of Community Affairs, a department and agency of the State of Georgia (the "Department") for the purpose of funding water supply projects; and WHEREAS, consistent with the legislative findings set forth in O.C.G.A. § 50-8-3(a) and the Georgia Water Supply Act of 2008 (the "Water Supply Act"), coordination between the Department and the Authority in the implementation of the Governor's Water Supply Program serves the essential public interest in, and the purpose of, developing Georgia water supply projects; and WHEREAS, the Board of Community Affairs has appointed the Authority as the sole and exclusive agent of the Department and the State of Georgia for the purpose of (a) acquiring, purchasing, utilizing, managing and transferring real property and other assets, or interests therein, for and in connection with water supply projects under the Governor's Water Supply Program and (b) for the purpose of administering the Bond Proceeds; and WHEREAS, the Authority is authorized and empowered by the Water Supply Act to "make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of [the Authority] . . . , such contracts, leases or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by . . . the state" (O.C.G.A. § 12-5-473(4)); and WHEREAS, the Authority further is authorized and empowered by the Water Supply Act and by the Georgia Environmental Finance Authority Act at O.C.G.A.50-23-1 et seq. (the "GEFA Act") to (a) "make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions," (b) to "contract with state agencies . . . for the use by [the Authority] of any property or facilities . . . of the state or any 20140828CityCouncilPacketA Page 137 of 227 20140823/jrl Tybee Island-GEFA Intergovernmental Agreement DRAFT—August 12,2014 such state agency" and (c) to cooperate and act in conjunction with . . . state and local governments" (O.C.G.A. §§ 12-5-473 (2),(7),(8),(10); O.C.G.A. §50-23-5(b)(18)(19)); and WHEREAS, pursuant to the Water Supply Act and the GEFA Act, state agencies and local governments are authorized and empowered to enter into contracts with the Authority (a) for the use of any property or facilities of the State of Georgia or any such state agency and (b) for the use by local governments of any facilities or services of the Authority (O.C.G.A. §12-5- 473(8); O.C.G.A. §50-23-5(b) (19)); and WHEREAS, pursuant to the Water Supply Act and the GEFA Act, state agencies and local governments are authorized and empowered to cooperate and act in conjunction with, and to enter into contracts or agreements with, the Authority to achieve or further the policies of the State as declared in the Water Supply Act (O.C.G.A. §12-5-473(10); O.C.G.A. §50-23- 5(b)(24)); and WHEREAS, pursuant to Section 1.13(6)(18) of its Charter, the City is authorized and empowered to "enter into contracts and agreements with other governmental entities" and "to acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest"; and WHEREAS, the Authority proposes to design, construct and install on land or property owned or used by the City, a certain water supply project known and designated as Project No. GEFA-SDI2014-02 "Test of Deep Aquifer Production for Abatement of Saltwater Intrusion, Tybee Island, Georgia" (the "Project"); and WHEREAS, the Authority and the City have found and agreed that the Project will further the public purposes of the Governor's Water Supply Program and the Water Supply Act; and WHEREAS, pursuant to Article IX, Section III, Paragraph I (a) of the Constitution of the State of Georgia, the Authority and the City are authorized to contract with each other for a period not exceeding fifty years for joint services, for the provision of services, or for the provision or separate use of facilities or equipment, provided that such contract deals with activities, services or facilities which the contracting parties are authorized by law to undertake or to provide. NOW, THEREFORE, for and in consideration of the premises, the public benefit and the public purposes furthered by the Project and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and the City do hereby agree to the following terms and conditions of this Agreement for the purpose of facilitating the acquisition, installation and construction of the Project for the benefit of the City and the Authority and in furtherance of their public purposes. 1. Term. The term of this Agreement ("Term") will begin on the Effective Date and will end at 5:00 o'clock p.m., prevailing legal time in Atlanta, Georgia fifty (50) years from the Effective Date. If at any time during the Term, the Project is terminated or cancelled, Page 2 of 6 20140828CityCouncilPacketA Page 138 of 227 20140823/jrl Tybee Island-GEFA Intergovernmental Agreement DRAFT—August 12,2014 unreasonably delayed, or determined not to be environmentally or financially feasible, either Party to this Agreement may terminate this Agreement on thirty (30) days prior written notice to the other Party. 2. Selection of Project Site. The Authority shall have access to land and property owned or used by the City for the purpose of selecting and designating the appropriate site location for the Project (the "Project Site"). The Authority shall select the Project Site with the cooperation, advice, assistance and approval of the City. The City shall at all times have access to the Project Site and may conduct activities on the Project Site; provided, however, that such activities do not hamper or interfere with the Authority's selection and acquisition of the Project Site or the installation and construction of the Project. 3. Authority Contractors or Consultants. The City acknowledges and agrees that the Authority may designate private independent contractors or consultants to the Authority (collectively "consultants") to perform, or assist with the performance of, any and all duties and obligations of the Authority with respect to the Project and the selection and acquisition of the Project Site. All such consultants shall have access to, and use of, the Project and the Project Site to the same extent and subject to the same limitations and restrictions as the Authority. 4. Acquisition of Project Site; Grant of Easement. Provided that the Authority has selected and designated the Project Site with the City's approval and subject to the Authority's satisfaction with due diligence results, the Authority shall undertake all services for the acquisition by the State of Georgia of an ownership interest in and to the Project Site, including furnishing all information and performing all services required by the State Properties Commission. Upon ten (10) days' written notice to the City, the City shall grant to the State of Georgia a perpetual utility easement ("Utility Easement") in and to the Project Site for the purpose of installing and constructing the Project, including the performance and permitting of well testing services. The Utility Easement shall be substantially in the form attached as Exhibit A and shall be granted to the State of Georgia without any fee, charge or cost to the State of Georgia or to the Authority and for and in consideration of the mutual public benefit and the mutual public purposes furthered by the Project. 5. Design, Installation and Construction of the Project. The Authority will undertake the design, installation and construction of the Project, including related well testing services, in compliance with all laws, ordinances, regulations and rules of appropriate governmental authorities. The Authority agrees that it will timely have satisfied or bonded over, or cause to have timely satisfied or bonded over, any mechanics, laborers or other construction liens to be asserted against the Project Site or the Project. 6. License of Project to the City. Upon installation and construction of the Project and completion of related well testing services, the Authority will license the Project to the City pursuant to a license agreement (the "License Agreement") in form and substance satisfactory to the Parties. Pursuant to the License Agreement, the City will operate and maintain all aspects of the Project, including without limitation the well, pumps, distribution system, and any water treatment equipment associated with the Project. Pursuant to the License Agreement, the City Page 3 of 6 20140828CityCouncilPacketA Page 139 of 227 20140823/jrl Tybee Island-GEFA Intergovernmental Agreement DRAFT—August 12,2014 will be authorized to transmit and treat the water and to enter into agreements to provide water- related services to third parties, including the sale of water. 7. Representations and Warranties. The City represents and warrants that it has the authority to enter into this Agreement and to perform its covenants and obligations as set forth herein. The City further represents and warrants that it is compliant with all applicable laws and regulations, including without limitation all applicable laws regarding procurement for professional services and eligibility for State of Georgia funding. 8. Notices. All notices, demands, requests and other communications hereunder will be deemed sufficient and properly given if in writing and delivered in person to the following addresses or received by certified or registered mail, postage prepaid with return receipt requested, or via overnight delivery, at such addresses: (a) If to the Authority: Georgia Environmental Finance Authority 233 Peachtree Street, Suite 900 Atlanta, GA 30303 Attn: Water Supply Senior Program Manager, Matt Harper (b) If to the City: Manager, City of Tybee Island Post Office Box 2740 Tybee Island, Georgia 31328 The Authority and the City may, by like notice, designate any further or different addresses to which subsequent notices will be sent. Notices will be effective upon receipt. 9. Binding Effect. Each of the terms and conditions of this Agreement will apply, extend to, be binding upon, and inure to the benefit or detriment of the Parties hereto and their respective successors and permitted assigns. Subject to the foregoing, whenever a reference to the Parties hereto is made, such reference will be deemed to include the successors and assigns of said Party, the same as if in each case expressed. 10. Georgia Agreement. This Agreement will be governed by, construed under, performed and enforced in accordance with the laws of the State of Georgia. 11. Counterparts. This Agreement is executed in two (2) counterparts which are separately numbered but each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. Page 4 of 6 20140828CityCouncilPacketA Page 140 of 227 20140823/jrl Tybee Island-GEFA Intergovernmental Agreement DRAFT—August 12,2014 12. Third Party Beneficiaries. Nothing in this Agreement, whether express or implied, is intended to confer upon any other party other than the Parties hereto and their respective successors and assigns, any right or interest whatsoever. No party other than the Parties hereto is entitled to rely in any way upon the representations, obligations, indemnities or limitations of liability whatsoever in this Agreement. 13. Severability. If any provision of this Agreement, or any portion thereof, should be ruled void, invalid, unenforceable or contrary to public policy by any court of competent jurisdiction, then any remaining portion of such provision and all other provisions of this Agreement will survive and be applied, and any invalid or unenforceable portion will be construed or reformed to preserve as much of the original words, terms, purpose and intent as will be permitted by law. 14. Assignment Prohibited. Except as specifically provided by this Agreement, the City will not transfer or assign this Agreement or any right or privilege of the City hereto without the prior written consent of the Authority. Any transfer or assignment requiring the consent of the Authority and made without the consent of the Authority will be void ab initio. Consent by the Authority to a transfer or assignment will not constitute a waiver of this provision, and each subsequent transfer or assignment requiring the consent of the Authority will likewise be made only with the prior written consent of the Authority. 15. Entire Agreement. This Agreement constitutes the entire Agreement between the parties. No member, officer, employee or agent of the Authority or the City has the authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement. No modification of or amendment to this Agreement will be binding on either Party hereto unless such modification or amendment will be properly authorized, in writing, properly signed by both the Authority and the City and incorporated in and by reference made a part hereof. 16. Exhibits. All Exhibits attached to this Agreement are made a part of and incorporated by reference into this Agreement. [Signatures on the following page] Page 5 of 6 20140828CityCouncilPacketA Page 141 of 227 20140823/jrl Tybee Island-GEFA Intergovernmental Agreement DRAFT—August 12,2014 IN WITNESS WHEREOF, the Authority, acting for and on behalf of the Department and as the authorized agent of the Department, and the City, by their respective officers authorized so to do, have executed this Agreement as of the Effective Date. GEORGIA ENVIRONMENTAL FINANCE AUTHORITY, as authorized agent of the DEPARTMENT OF COMMUNITY AFFAIRS By: Name: Title: CITY OF TYBEE ISLAND, GEORGIA By: Name: Title: Approved as to form: Edward M. Hughes, City Attorney Page 6 of 6 20140828CityCouncilPacketA Page 142 of 227 20140823/jrl Exhibit A Utility Easement See attached. 20140828CityCouncilPacketA Page 143 of 227 20140823/jrl DRAFT—August 12,2014 After recording please return to: Matt Harper Water Supply Program Manager Georgia Environmental Finance Authority 233 Peachtree Street, N.E. Harris Tower, Suite 900 Atlanta, Georgia 30303 STATE OF GEORGIA • COUNTY OF WELL UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that as of the day of , 2014, the undersigned City of Tybee Island, Georgia, a municipal corporation, ("Grantor"), for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto the STATE OF GEORGIA, acting by and through the Department of Community Affairs, a department and agency of the State of Georgia, and the Georgia Environmental Finance Authority, a public authority of the State of Georgia and the appointed agent of the Department of Community Affairs ("Grantee"), a perpetual and exclusive (subject to limitations below) right, privilege and easement ("Easement") in, to, across, over, upon, under and through the lands of Grantor located in Land Lot(s) of the District and Section of County, Georgia ("Land") being more particularly described on Exhibit "A", attached hereto and by this reference incorporated herein and made a part hereof, for the acquisition, installation and testing of a well and related underground and above-ground utility installations ("Installations"), for the purposes of accessing and withdrawing underground water, together with the right of entry into and upon the Land for the purpose of effecting the foregoing rights, privileges and easements. Grantee's rights, privileges and easements shall be exercised on the following terms and conditions: 1. The Installations shall be maintained within the location of the Land as shown and described on Exhibit "A". Without cost, fee or charge to Grantee, Grantor shall provide and grant temporary construction easements to Grantee, if necessary, as determined by Grantee in its sole and absolute discretion, in order to facilitate construction, installation and testing activities within the areas designated for such purposes on Exhibit 2. Grantee shall have the right to cut away and keep clear, remove and dispose of all trees and undergrowth and to remove and dispose of all 20140828CityCouncilPacketA Page 144 of 227 20140823/jrl Tybee Island Utility Easement DRAFT—August 12,2014 structures and obstructions now on the Land or that may hereafter be placed on the Land by Grantor or any other person or entity. 3. Grantee shall have the right to conduct testing activities and scientific or other studies, including but not limited to environmental, geotechnical, and archaeological studies on or below the Land. 4. Grantee may allow and permit use of the Easement by contractors, subcontractors and consultants of Grantee for the purposes specified herein. 5. The Easement granted herein is exclusive, with the following limitations: The surface of the Land area may be used by Grantor, its successors and assigns, for any use not inconsistent with the rights granted Grantee herein and as may be approved in writing by Grantee; provided that the subsurface is not penetrated to a depth greater than one foot below the surface. Without limitation of the foregoing, no grading (cut or fill) may be done on or to the surface of the Land, without written approval of Grantee. The terms and conditions hereof shall be binding upon, and inure to the benefit of the successors and assigns of Grantee and Grantor. TO HAVE AND TO HOLD said Easement perpetually unto Grantee, its successors and assigns, the right, powers and interests herein granted, which shall be a covenant running with the title to the Land, but subject always to the covenants herein set forth. IN WITNESS WHEREOF, Grantor has executed and delivered this Well Utility Easement under seal as of the day and year first above written. GRANTOR: Signed, sealed and delivered this day of in the presence The City of Tybee Island of: By: Witness Name: Notary Public Title: My Commission Expires: (NOTARY SEAL) 20140828CityCouncilPacketA Page 145 of 227 20140823/jrl After recording please return to: Matt Harper Water Supply Program Manager Georgia Environmental Finance Authority 233 Peachtree Street,N.E. Harris Tower, Suite 900 Atlanta, Georgia 30303 STATE OF GEORGIA • COUNTY OF WELL UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that as of the day of , 2014, the undersigned City of Tybee Island, Georgia, a municipal corporation, ("Grantor"), for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto the STATE OF GEORGIA, acting by and through the Department of Community Affairs, a department and agency of the State of Georgia, and the Georgia Environmental Finance Authority, a public authority of the State of Georgia and the appointed agent of the Department of Community Affairs ("Grantee"), a perpetual and exclusive (subject to limitations below) right, privilege and easement ("Easement") in, to, across, over, upon, under and through the lands of Grantor located in Land Lot(s) of the District and Section of County, Georgia ("Land") being more particularly described on Exhibit "A", attached hereto and by this reference incorporated herein and made a part hereof, for the acquisition, installation and testing of a well and related underground and above-ground utility installations ("Installations"), for the purposes of accessing and withdrawing underground water, together with the right of entry into and upon the Land for the purpose of effecting the foregoing rights,privileges and easements. Grantee's rights, privileges and easements shall be exercised on the following terms and conditions: 1. The Installations shall be maintained within the location of the Land as shown and described on Exhibit "A". Without cost, fee or charge to Grantee, Grantor shall provide and grant temporary construction easements to Grantee, if necessary, as determined by Grantee in its sole and absolute discretion, in order to facilitate construction, installation and testing activities within the areas designated for such purposes on Exhibit 2. Grantee shall have the right to cut away and keep clear, remove and dispose of all trees and undergrowth and to remove and dispose of all 20140828CityCouncilPacketA Page 146 of 227 20140823/jrl structures and obstructions now on the Land or that may hereafter be placed on the Land by Grantor or any other person or entity. 3. Grantee shall have the right to conduct testing activities and scientific or other studies, including but not limited to environmental, geotechnical, and archaeological studies on or below the Land. 4. Grantee may allow and permit use of the Easement by contractors, subcontractors and consultants of Grantee for the purposes specified herein. 5. The Easement granted herein is exclusive, with the following limitations: The surface of the Land area may be used by Grantor, its successors and assigns, for any use not inconsistent with the rights granted Grantee herein and as may be approved in writing by Grantee; provided that the subsurface is not penetrated to a depth greater than one foot below the surface. Without limitation of the foregoing, no grading (cut or fill) may be done on or to the surface of the Land, without written approval of Grantee. The terms and conditions hereof shall be binding upon, and inure to the benefit of the successors and assigns of Grantee and Grantor. TO HAVE AND TO HOLD said Easement perpetually unto Grantee, its successors and assigns, the right, powers and interests herein granted, which shall be a covenant running with the title to the Land,but subject always to the covenants herein set forth. IN WITNESS WHEREOF, Grantor has executed and delivered this Well Utility Easement under seal as of the day and year first above written. GRANTOR: Signed, sealed and delivered this day of in the presence The City of Tybee Island of: By: Witness Name: Notary Public Title: My Commission Expires: (NOTARY SEAL) 20140828CityCouncilPacketA Page 147 of 227 20140823/jrl MAYOR '037 CITY MANAGER Jason Buelterman O 't Diane Schleicher CITY COUNCIL _ -` CITY CLERK Wanda Dole Mayor Pro Tem Doyle, y Janet LeViner Barry Brown .� Rob Callahan CITY ATTORNEY Bill Garbett f Edward M.Hughes Monty Parks '41 , oo Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 28, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 50-A-2014; Land Development Code Sec. 4-050 (E) and (F) and (0), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events Budget Line Item Number(if applicable): N/A Paper Work: Attached* ' Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 /dotto @cityoftybee.org Comments: First Reading was August 14, 2014. The vote was 6-0 to approve as written. Following that meeting the City Attorney amended some of the language to clarify the intent. Date given to Clerk of Council: August 21, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 City of , Ethics f www.cityoftybee.org 'as � 20140828CityCouncilPacketA Page 148 of 227 20'fS 46 /jrl Land Development Code Sections 04-050(E) and (F) and (0) (E) C-7 beach business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. Multi-family uses are not permissible in the following areas included within the C-1 beach business district: (i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th Street, commencing at its southernmost intersection with Butler Avenue, to Izlar Avenue at its southernmost intersection with Butler Avenue; (ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue to Strand Street; and (iii) On lots on Strand Street abutting that street on the western boundary thereof from 14th Street beginning at its northernmost intersecting point with Strand Street to 17th Street at its northernmost intersecting point with Strand Street. Notwithstanding the foregoing, multi-family residential uses shall be permissible on floors above the first or ground floor of business establishments located in such areas. (1) Uses permitted by right after site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting. a. Apartments, condominiums, townhouses, guest cottages, hotels, motels, time shares, tourist homes, bed and breakfast inns; plus single-family, two-family, three-family, and four-family dwellings; b. Apothecary shops; c, Gift shops; d. Barbershops, beauty shops; e. Finance, investment and insurance offices; f. Florist shops; g. Restaurants, concession stands; 1 08/21/2014 20140828CityCouncilPacketA Page 149 of 227 20140823/jrl h. Commercial amusements, including amusement parks and other commercial games and sports; i. Retail stores; and j. Public structures. (2) Uses permitted after special review and site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops, for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses in a dwelling or structure to be rented for special events as defined below, special approval and review shall include consideration of all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning department of building safety and regulatory scrviccs; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. 2 08/21/2014 20140828CityCouncilPacketA Page 150 of 227 20140823/jrl A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department of building safety and regulatory scrviccs; parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department of building safety and regulatory scrviccs. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-1 beach business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (F) C-2 highway business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-2 highway business land use district is to provide for commercial land uses that support and complement the motorized consumer. C-2 districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. (1) Uses permitted by right after site plan approval. In a C-2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the planning commission and approved by the mayor and council: a. Service stations; b. Restaurants, including drive-in restaurants; c. Gift shops (goods sold within an enclosed building); d. Motels; e. Grocery stores; f. Tourist homes and bed and breakfast inns; 3 08/21/2014 20140828CityCouncilPacketA Page 151 of 227 20140823/jrl g. Parks, playgrounds and recreation facilities under the supervision of the city; h. Professional and business offices; i. Retail stores; j. Marinas; and k. Seafood warehouses, retail and wholesale sales. (2) Uses permitted after special review and site plan approval. In a C-2 highway business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses in a dwelling or structure to be rented for special events as defined herein, special approval and review shall include consideration of all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning department of building safety and regulatory services; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, 4 08/21/2014 20140828CityCouncilPacketA Page 152 of 227 20140823/jrl receptions, weddings, ceremonies and similar activities or occasions conducted on the property. A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department of building safety and regulatory services. Parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department of building safety and regulatory services c. Miniature golf courses. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-2 highway business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (0) South End business overlay district. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of the Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. 5 08/21/2014 20140828CityCouncilPacketA Page 153 of 227 20140823/jrl ORDINANCE NO. 50-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 4-050(E), (F)AND (0), ZONING DISTRICTS, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code pertaining to zoning districts; and WHEREAS, the City of Tybee Island desires to amend Section 4-050, zoning districts, subsections (E), (F) and (0)to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances as to Section 4-050(E), (F) and (0) is hereby amended so as to clarify same, so that the Code shall be amended as hereinafter provided. SECTION 1 Section 4-050(E), (F) and (0) is hereby amended and it shall hereafter read as follows: Section 4-050. Zoning districts. (E) C-1 beach business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. Multi-family uses are not permissible in the following areas included within the C-1 beach business district: (i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th Street, commencing at its southernmost intersection with Butler Avenue, to Izlar Avenue at its southernmost intersection with Butler Avenue; 20140828CityCouncilPacketA Page 154 of 227 20140823/jrl (ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue to Strand Street; and (iii) On lots on Strand Street abutting that street on the western boundary thereof from 14th Street beginning at its northernmost intersecting point with Strand Street to 17th Street at its northernmost intersecting point with Strand Street. Notwithstanding the foregoing,multi-family residential uses shall be permissible on floors above the first or ground floor of business establishments located in such areas. (1) Uses permitted by right after site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting. a. Apartments, condominiums, townhouses, guest cottages, hotels,motels, time shares, tourist homes,bed and breakfast inns; plus single-family, two-family, three-family, and four-family dwellings; b. Apothecary shops; c. Gift shops; d. Barbershops, beauty shops; e. Finance, investment and insurance offices; f. Florist shops; g. Restaurants, concession stands; h. Commercial amusements, including amusement parks and other commercial games and sports; i. Retail stores; and j. Public structures. (2) Uses permitted after special review and site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops, for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses in a dwelling or structure to be rented for special events as defined herein, special approval and review shall include consideration of all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to 2 20140828CityCouncilPacketA Page 155 of 227 20140823/jrl limitations to be placed thereon; and approval by the planning and zoning department; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department; parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions,plans and conditions imposed by the mayor and council and/or the planning and zoning department. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-1 beach business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (F) C-2 highway business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-2 highway business land use district is to provide for commercial land uses that support and complement the motorized consumer. C-2 3 20140828CityCouncilPacketA Page 156 of 227 20140823/jrl districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. (1) Uses permitted by right after site plan approval. In a C-2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the planning commission and approved by the mayor and council: a. Service stations; b. Restaurants, including drive-in restaurants; c. Gift shops (goods sold within an enclosed building); d. Motels; e. Grocery stores; f. Tourist homes and bed and breakfast inns; g. Parks, playgrounds and recreation facilities under the supervision of the city; h. Professional and business offices; i. Retail stores; j. Marinas; and k. Seafood warehouses, retail and wholesale sales. (2) Uses permitted after special review and site plan approval. In a C-2 highway business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. Lounges and package shops for the retail sale of malt and alcoholic beverages. b. Dwellings or structures rented for special events. For all uses in a dwelling or structure to be rented for special events as defined herein, special approval and review shall include consideration of all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from 4 20140828CityCouncilPacketA Page 157 of 227 20140823/y1 the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department . Parking must accommodate one place per four persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions,plans and conditions imposed by the mayor and council and/or the planning and zoning department. c. Miniature golf courses. (3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-2 highway business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code. (0) South End business overlay district. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of the Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. 5 20140828CityCouncilPacketA Page 158 of 227 20140823/jrl SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL 6 20140828CityCouncilPacketA Page 159 of 227 20140823/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/50-A-2014 Sec 4-050 zoning districts 08.21.14 7 20140828CityCouncilPacketA Page 160 of 227 20140823/jrl MAYOR _ .II CITY MANAGER Jason Buelterman �€ 6 Diane Schleicher CITY COUNCIL c*, CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown , Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks r t �q' Paul Wolff " CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 28, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 43-2014; Land Development Code Sec. 3-100, Beach, Dune, or Vegetation Disturbance/Crossover Maintenance and Construction; City of Tybee Island, petitioner; consideration of beach and dune regulations Budget Line Item Number (if applicable): N/A Paper Work: J Attached* \I Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone /Email: (912)472-5031 / dotto @cityoftybee.org Comments: First Reading was August 14, 2014. The vote was 4-2 to approve as written. Date given to Clerk of Council: August 20, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of i Ethics f www.cityoftybee.org � 2014o828CityCouncilPacketA Page 161 of 227 Arlaranljrl ORDINANCE NO. 43-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 3-100, BEACH, DUNE, OR VEGETATION DISTURBANCE/CROSSOVER MAINTENANCE AND CONSTRUCTION, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with parking decals so as to place Iimitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 3-100, Beach, dune, or vegetation disturbance/crossover maintenance and construction, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section3-100 and that the Code shall be amended as hereinafter provided. SECTION 1 Section 3-100 is hereby amended and it shall hereafter read as follows: Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. There shall be a ten-foot setback measured from the landward toe of the landward- most dune as delineated by the state department of natural resources. 20140828CityCouncilPacketA Page 162 of 227 20140823/jrl SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: _ ENACTED: Tybee/Ordinances/2014/43-2014 Sec 3400 beach dune vege disturbance 0722.14 2 20140828CityCouncilPacketA Page 163 of 227 20140823/jrl MAYOR 101 91 CITY MANAGER Jason Buelterman y 'wY Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett '1 Edward M.Hughes Monty Parks e��` Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 28, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 44-2014; Municipal Code Sec. 54-5, Damage To and Intrusion Upon Property; City of Tybee Island, petitioner; consideration of regulations for litter Budget Line Item Number (if applicable): N/A Paper Work: Attached* ' Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone / Email: (912) 472-5031 / dotto @cityoftybee.org Comments: First Reading was August 14, 2014. The vote was 6-0 to approve as written. Date given to Clerk of Council: August 20, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of I Ethics www.cityoftybee.org a��� 20140828CityCouncilPacketA Page 164 of 227 201 8823/jrl ORDINANCE NO. 44-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 54-5, DAMAGE TO AND INTRUSION UPON PROPERTY, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 54-4. Damage to and intrusion upon property, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 154-5and that the Code shall be amended as hereinafter provided. SECTION 1 Section 54-5 is hereby amended and it shall hereafter read as follows: Sec. 54-5. Damage to and intrusion upon property. (a) It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; or (2) The litter is placed into a litter receptacle or container installed on such property; and (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less the $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not 20140828CityCouncilPacketA Page 165 of 227 20140823/jrl to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this section. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 2 20140828CityCouncilPacketA Page 166 of 227 20140823/jrl ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/44-2014 Sec 54-5 damage to and intrusion upon property 07,2114 3 20140828CityCouncilPacketA Page 167 of 227 20140823/jrl ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. All occupants of a motorized cart must wear seatbelts at all times. c. Children's car and booster seats used in a motorized cart must be approved by the manufacturer for use with lap belts only, without the necessity of a shoulder strap. Children's car and booster seats may only be used in the front seats or another forward facing seat within a motorized cart. d. Motorized carts shall not be operated on the sidewalks or bike trails within the city. e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. f. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. g. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. h. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. i. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited on parks, sidewalks, streets, beaches, lanes, highways or other public properties, or on private property of another. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur 20140828CityCouncilPacketA Page 168 of 227 20140823/jrl naturally in the area and specifically includes garbage, food items, peels, shells, etc., whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgement and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (56) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. (67) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. (78) Penalty for littering. Anyone convicted of violating subsection 66-8(b)(4)h shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200.00 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. (Code 1983, § 10-1-44; Ord. No. 04-2010, 5-13-2010; Ord. No. 24-2010, 9-24-2010) 20140828CityCouncilPacketA Page 169 of 227 20140823/jrl ORDINANCE NO. 46-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 66-8, MOTORIZED CART USE, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with the operation of motorized carts and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 66-8, Motorized cart use, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 66-8and that the Code shall be amended as hereinafter provided. SECTION 1 Section 66-8 is hereby amended and it shall hereafter read as follows: ARTICLE I. IN GENERAL Sec. 66-8. Motorized cart use. (a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon the city's streets, parks, parking lots, beaches, and other public properties in the city limits. (b) Motorized carts. Motorized carts shall be as defined under Georgia law. (1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase or acquisition. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. (2) Hwy. 80 Crossing. No motorized cart may be permitted to operate on Hwy. 80 and may only cross Hwy. 80 at the following designated locations: a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags; 20140828CityCouncilPacketA Page 170 of 227 20140823/jrl b. At the traffic controlled intersection of 14th Street and Hwy. 80; c. At the traffic controlled intersection of Campbell Avenue and Hwy. 80; and d. At the traffic controlled intersection of Jones Avenue and Hwy. 80. (3) City streets. All streets of the city shall be accessible for an appropriately registered and used motorized cart thereon except as to Hwy. 80 as stated above. (4) Operation regulations. a. All motorized carts must be equipped with headlights, tail lights, brake lights, a flashing or rotating yellow or amber light mounted on the top, seatbelts, turn signal lights and a horn, and the maximum speed capability of any motorized cart must not exceed 20 miles per hour. b. All occupants of a motorized cart must wear seatbelts at all times. c. Children car and booster seats used in a motorized cart must be approved by the manufacturer for use with lap belts only, without the necessity of a shoulder strap. Children's car and booster seats may only be used in the front seat or another forward facing seat within a motorized cart. d. Motorized carts shall not be operated on the sidewalks or bike trails within the city. e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic. f. Only licensed drivers are permitted to operate motorized carts and each owner is required to provide insurance for liability purposes in an amount not less than $25,000.00 per person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance shall be provided at the time of registration and be maintained in or on the vehicle. g. Motorized carts will only be operated by individuals who are at least 16 years of age and possess a valid driver's license. h. It shall be unlawful for a motorized cart to be operated on the streets of the city except as expressly authorized in this section and every person convicted of a violation shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 12 months, or both. i. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit, bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park, on the sidewalks, streets, beaches, lanes, highways or other public properties, or on private property of another, except into trash receptacles. Included would be the removal by wind or otherwise of such items from motorized carts due to having such items unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does not occur naturally in the area and specifically includes garbage, food items, peels, shells, etc., whether or not biodegradable. (5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other commercial establishment, may rent motorized carts to the public for use on the streets and those areas accessible by the public of the city. Renters shall be provided a copy of this article and a map illustrating Hwy. 80's designated crossings. Renters shall provide a signature as proof of their acknowledgment and understanding of this article's requirements. It shall be the responsibility of each such establishment renting carts to maintain a written record of each renter's signature of acknowledgement and understanding of this article's requirements. (6) Signs. The city shall post signs giving notice of the existence of operating standards along appropriate public streets. (7) Parking. Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking thereof shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a purchased, valid decal for parking. 20140828CityCouncilPacketA Page 171 of 227 20140823/jrl (8) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of violating subsection 66-8(b)(4) shall be fined not less than $100 for the first offense plus applicable court fees, and not less than $200 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 20140828CityCouncilPacketA Page 172 of 227 20140823/jrl ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/46-2014 Sec 66-8(car seat authorization)motorized cart 07.29.14 20140828CityCouncilPacketA Page 173 of 227 20140823/jrl ORDINANCE NO. 47-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 34-45, RIDING DEVICES, PASSENGER VEHICLES FOR HIRE; SPECIAL INSURANCE REQUIREMENTS, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code pertaining to liability and property insurance for vehicles for hire, and WHEREAS, the City of Tybee Island desires to amend Section 34-45 to change the section name, repeal subparagraphs (c) and(d), and to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances as to Section 34-45 is hereby amended so as to change the section name, repeal subparagraphs (c) and (d), and to clarify same, so that the Code shall be amended as hereinafter provided. SECTION 1 Section 34-45 is hereby amended and it shall hereafter read as follows: Sec. 34-45. Carnival Operations; special insurance provisions. (a) The following insurance provisions of coverage shall be the minimum requirements applicable to carnival operations, consisting of riding devices of every kind and description, shows, concessions and appurtenant grounds and that the period to be covered by these insurance limits shall be the applicable fiscal year of the municipality, i.e., May 1 to April 30. (1) Public liability $50,000.00-100,000.00 (2) Property damage $50,000.00 (3) Excess public liability $50,000.00-200,000.00 (4) Total limits: a. Bodily injury $100,000.00-300,000.00 b. Property damage $50,000.00 20140828CityCouncilPacketA Page 174 of 227 20140823/y1 SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL 20140828CityCouncilPacketA Page 175 of 227 20140823/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/47-13-2014 Sec 34-45 liability ins for carnival operations 07.30.14 20140828CityCouncilPacketA Page 176 of 227 20140823/jrl ORDINANCE NO. 48-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO REPEAL AND REPLACE ARTICLE VI, TAXIS AND VEHICLES FOR HIRE, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code pertaining to taxi cabs and vehicles for hire, and for other purposes, and WHEREAS, the City of Tybee Island desires to delete in its entirety Article VI rename and replace the same; NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances that the current Article VI is hereby repealed and renamed so that Article VI shall hereafter read as follows. SECTION 1 Article VI is hereby repealed in its entirety, renamed and it shall hereafter read as follows: Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance" 34-192. Applicability of chapter. The operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle", "operator", or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: 20140828CityCouncilPacketA Page 177 of 227 20140823/jrl (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle,vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services . The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire"means to transport at least one (1) person in a vehicle in exchange for money. (6) "Tour service vehicle"means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state)which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. (7) "License" and"License for operation"means an occupation tax certificate. In this Article, License does not mean"operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal"means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation (also known as an occupation tax certificate or business license)has first been obtained from the designated city official. 20140828CityCouncilPacketA Page 178 of 227 20140823/jrl (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official in writing within fourteen (14) days prior to re- location. (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, within thirty(30) days, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. 20140828CityCouncilPacketA Page 179 of 227 20140823/jrl (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21) years of age; (b) Hold a valid Driver's license; (c) Submit to a criminal background check; (d) Submit a seven(7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by State law. (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years 20140828CityCouncilPacketA Page 180 of 227 20140823/jrl prior to the date of the application for such permit been convicted of,been on probation,parole, or served time on a sentence for a felony. A plea of nolo contendre to any of the offenses set out in this section shall be deemed a conviction; and (c) Be a citizen of the United States or an alien admitted for permanent who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. Issuance of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to beginning employment with another company. An operator may not utilize his or her operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. 20140828CityCouncilPacketA Page 181 of 227 20140823/jrl (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge, with a photo I.D. which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower left portion of the front windshield, a sticker or other signifying marker, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred(100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 20140828CityCouncilPacketA Page 182 of 227 20140823/jrl a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any taxicab, tour service vehicle or vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any taxicab, tour service vehicle or vehicle for hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a taxicab, tour service vehicle or vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any taxicab, tour service vehicle or vehicle for hire upon the streets of the City unless the license holder shall, before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a taxicab, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether servant, agent, or independent contractor. (2) Blanket Policy; Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. 20140828CityCouncilPacketA Page 183 of 227 20140823/jrl (3) Proof of the original indemnity policy required shall be on file with the designated city official. (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicant's license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection(1) of this section shall not apply to motorized carts,personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section(1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 20140828CityCouncilPacketA Page 184 of 227 20140823/jrl 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate speakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire. (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of conveyance (motor coach, bus, trolley, automobile, van, segways,bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (2) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 -Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 34-212. Motorized Cart Use. In order to utilize a motorized cart, or personal transportation vehicle as a vehicle for hire, the motorized cart of personal transportation vehicle must be equipped to seat at least six people, the driver included. SECTION 2 20140828CityCouncilPacketA Page 185 of 227 20140823/jrl The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of the ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: 20140828CityCouncilPacketA Page 186 of 227 20140823/jrl ENACTED: Tybee/Ordinances/2014/48-A-2014 Sec Art 6 Opt B taxi and vehicles for hire 07.30.14 20140828CityCouncilPacketA Page 187 of 227 20140823/jrl ORDINANCE NO. 48-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO REPEAL AND REPLACE ARTICLE VI, TAXIS AND VEHICLES FOR HIRE, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code pertaining to taxi cabs and vehicles for hire, and for other purposes, and WHEREAS, the City of Tybee Island desires to delete in its entirety Article VI rename and replace the same; NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances that the current Article VI is hereby repealed and renamed so that Article VI shall hereafter read as follows. SECTION 1 Article VI is hereby repealed in its entirety, renamed and it shall hereafter read as follows: Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance" 34-192. Applicability of chapter. The operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle", "operator", or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: 20140828CityCouncilPacketA Page 188 of 227 20140823/jrl (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle,vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services . The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire"means to transport at least one (1) person in a vehicle in exchange for money. (6) "Tour service vehicle"means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state)which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. (7) "License" and"License for operation"means an occupation tax certificate. In this Article, License does not mean"operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal"means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation (also known as an occupation tax certificate or business license)has first been obtained from the designated city official. 20140828CityCouncilPacketA Page 189 of 227 20140823/jrl (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official in writing within fourteen (14) days prior to re- location. (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, within thirty(30) days, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. 20140828CityCouncilPacketA Page 190 of 227 20140823/jrl (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21) years of age; (b) Hold a valid Driver's license; (c) Submit to a criminal background check; (d) Submit a seven(7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by State law. (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years 20140828CityCouncilPacketA Page 191 of 227 20140823/jrl prior to the date of the application for such permit been convicted of,been on probation,parole, or served time on a sentence for a felony. A plea of nolo contendre to any of the offenses set out in this section shall be deemed a conviction; and (c) Be a citizen of the United States or an alien admitted for permanent who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. Issuance of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to beginning employment with another company. An operator may not utilize his or her operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. 20140828CityCouncilPacketA Page 192 of 227 20140823/jrl (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge, with a photo I.D. which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower left portion of the front windshield, a sticker or other signifying marker, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred(100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 20140828CityCouncilPacketA Page 193 of 227 20140823/jrl a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any taxicab, tour service vehicle or vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any taxicab, tour service vehicle or vehicle for hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a taxicab, tour service vehicle or vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any taxicab, tour service vehicle or vehicle for hire upon the streets of the City unless the license holder shall, before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a taxicab, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether servant, agent, or independent contractor. (2) Blanket Policy; Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. 20140828CityCouncilPacketA Page 194 of 227 20140823/jrl (3) Proof of the original indemnity policy required shall be on file with the designated city official. (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicant's license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection(1) of this section shall not apply to motorized carts,personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section(1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 20140828CityCouncilPacketA Page 195 of 227 20140823/jrl 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate speakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire. (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of conveyance (motor coach, bus, trolley, automobile, van, segways,bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (2) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 -Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 34-212. Motorized Cart Use. In order to utilize a motorized cart, or personal transportation vehicle as a vehicle for hire,the motorized cart of personal transportation vehicle must be equipped to seat at least six people, the driver included. SECTION 2 20140828CityCouncilPacketA Page 196 of 227 20140823/jrl The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of the ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: 20140828CityCouncilPacketA Page 197 of 227 20140823/jrl ENACTED: Tybee/Ordinances/2014/48-A-2014 Sec Art 6 Opt B taxi and vehicles for hire 07.30.14 20140828CityCouncilPacketA Page 198 of 227 20140823/jrl EXHI►:tll'II'F Lease No.: Shown on Schedule I Equipment Schedule: Shown on Schedule I SUNTRUST EQUIPMENT FINANCE&LEASING CO I'. ESCROW AGREEMEF T This ESCROW AGREE 'ENT,made and entered into as of the Date shown or Schedule I,by and among SUNTRUST EQUIPMENT FINANCE& LEASING CO P., a Virginia corporation ("Lessor"),the lessee named on Schedule I,which is a political subdivision or public body politic and corporate of the State or Commonwealth shown on Sch sdule I ("Lessee"), and SUNTRUST BANK, a Georgia banking corporation,as Escrow Agent("Escrow Agent"). In consideration of the mutual covenants herein contained,the parties hereto agree as follows: ARTICLE L DEFINITIONS AND RECITALS Section 1.1. Definitions. The terms defined in this Section 1.1 shall, for all purposes of this Escrow Agreement, have the meanings specified below or on Schedule I. "Acquisition Costs" means, with respect to the Equipment,the contract price F aid or to be paid to the person entitled to such payment upon acquisition or delivery of any portion of the Equipment in accordance with t re purchase order or contract herefore. Acquisition Costs may include the administrative,engineering,legal,financial and other costs incur•ed by Lessee in connection with the acquisition,delivery and financing of the Equipment,if approved by Lessor. "Equipment"means the personal property described in the Acceptance Certific<.te executed pursuant to the Lease,together with any and all modifications,additions and alterations thereto,to be acquired from the money 3 held in the Equipment Acquisition Fund. "Equipment Acquisition Fund" means the account by that name established Ind held by Escrow Agent pursuant to Article H of this Escrow Agreement. "Escrow Agent Fee"has the meaning set forth in Section 6.1 and the amount of;uch Escrow Agent Fee is shown on Schedule I. "Escrow Agreement"means this Escrow Agreement and any duly authorized an I executed amendment or supplement hereto. "Initial Deposit Amount"means the amount shown as the Initial Deposit Amour t on Schedule I. "Lease"means the Master Lease,together with the Equipment Schedule identific d on Schedule I,by and between Lessee and Lessor,and any duly authorized and executed amendment or supplement thereto. "Master Lease" means the Master Lease Agreement, dated as of the date she wn on Schedule I, by and between Lessee and Lessor, including any Equipment Schedules entered into thereunder and any duly authoriz;d and executed amendment or supplement thereto. "Payment Request Form" means the document substantially in the form attac hed hereto as Exhibit A to be executed by Lessee and Lessor and submitted to Escrow Agent to authorize payment of Acquisition Costs. "Qualified Investments"means the ST Leasing—Corp Agency NOW Accour t, a SunTrust Deposit Account for Escrow customers of SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and SunTrus Bank. By signing this Escrow Agreement, Lessee acknowledges that such Qualified Investment is a permitted investment under any state, county or municipal law applicable to the investment of Lessee's funds. ARTICLE III. APPOINTMENT OF ESC OW AGENT;AUTHORITY Section 2.1. Appointment of Escrow Agent. Lessor and Lessee hereby appoii.t and employ Escrow Agent to receive,hold, invest and disburse the moneys to be paid to Escrow Agent pursuant to this Escrow Ag reement and to perform certain other functions, all as hereinafter provided. By executing and delivering this Escrow Agreement, Esc:ow Agent accepts the duties and obligations of Escrow Agent hereunder. 8/5/2014:BQ-ESC/STB.DOC/rev.07/I2.stl 20140828CityCouncilPacketA Page 199 of 227 20140823/jrl Escrow Agent undertakes to perform only such duties as are expressly set fort! herein,and no additional duties or obligations shall be implied hereunder. In performing its duties under this Escrow Agreement, o• upon the claimed failure to perform any of its duties hereunder, Escrow Agent shall not be liable to anyone for any damages, losses or expenses which may be incurred as a result of Escrow Agent so acting or failing to so act;provided, however,Escrow Agent shall not be relieved from liability for damages arising out of its proven gross negligence or willful misconduct under this Escrow agreement. Escrow Agent shall in no event incur any liability with respect to(i)any action taken or omitted to be taken in good fain upon advice of legal counsel,which may be counsel to any party hereto, given with respect to any question relating to the duties and responsibilities of Escrow Agent hereunder or (ii) any action taken or omitted to be taken in reliance upon any instrument delivered t) Escrow Agent and believed by it to be genuine and to have been signed or presented by the proper party or parties. Escrow Agen shall not be bound in any way by any agreement or contract between Lessor and Lessee, including the Master Lease, whether or n)t Escrow Agent has knowledge of any such agreement or contract. Section 2.2. Authority. Each of the parties has authority to enter into this E crow Agreement, and has taken all actions necessary to authorize the execution of this Escrow Agreement by the representatives whose si,matures are affixed hereto. ARTICLE III. EQUIPMENT ACQUISITION FUND Section 3.1. Equipment Acquisition Fund. Escrow Agent shall establish special escrow account designated as the "Equipment Acquisition Fund" (the "Equipment Acquisition Fund"), shall keep such Equip!lent Acquisition Fund separate and apart from all other funds and moneys held by it and shall administer such Equipment Acquisition Fur d as provided in this Escrow Agreement. Section 3.2. Deposit. Upon execution of the Lease and delivery to Lessor by Le see of all documents required to be delivered thereunder, Lessor shall deposit or cause to be deposited with Escrow Agent an amount equal to the Initial Deposit Amount.Escrow Agent shall credit such amount to the Equipment Acquisition Fund. The Initial Deposit Amount is,I D be sent by Lessor to Escrow Agent by wire transfer to: SunTrust Bank,ABA#061000104,Account#9443001321,Account Name: Escrow Services Richmond, is:eneficiary as shown on Schedule I,Attention: ' atthew Ward. Section 3.3. Disbursements. Escrow Agent shall use the moneys in the Eq ripment Acquisition Fund from time to time to pay the Acquisition Cost of each item of Equipment,within a reasonable time of receipt .rith respect thereto of a Payment Request Form executed by Lessor and Lessee. Upon receipt of a Payment Request Form executed by Le;sor and Lessee,an amount equal to the Acquisition Cost as shown therein shall be paid directly by Escrow Agent to the person or entiti entitled to payment as specified therein. Although the Payment Request Form may have schedules,invoices and other supporting docun ent attached to it,Lessor will send to Escrow Agent only the page or pages showing the signatures of Lessor and Lessee, the Acquisiti■m Cost and related payment information, without such schedules, invoices or other supporting documentation. Escrow Agent may act a nd rely upon the signed Payment Request Form without the need to review or verify any such schedules,invoices or other supporting docu nentation. Section 3.4. Transfers Upon Completion. Unless all of the funds deposited t y Lessor in the Equipment Acquisition Fund have been previously disbursed pursuant to Section 3.3 or paid to Lessor pursuant to Sectic n 3.5,on the Ending Date shown on Schedule I,Escrow Agent shall pay upon written direction all remaining moneys in the Equipment Ac luisition Fund to Lessor or its assignee for application as a prepayment of the unpaid Principal under the related Lease. Any amounts paid pursuant to this Section 3.4 shall be subject to a prepayment fee equal to two percent(2%)of such amount. Lessor shall apply an-punts received under this Section 3.4 first to unpaid fees, late charges and collection costs, if any, which have accrued or been incurred under the Master Lease, then to overdue Principal and Interest on the Lease and then,in the sole discretion of Lessor,either(i)to Princi;aI payments thereafter due under the Lease in the inverse order of their maturities or(ii)proportionately to each Principal payment thereaft:r due under the Lease. In the event that Lessor elects to apply any such amounts in accordance with clause (i) of the preceding senter ce, Lessee shall continue to make Rental Payments as scheduled in the applicable Payment Schedule. In the event that Lessor elects to apply such amounts in accordance with clause(ii)of this Section 3.4, Lessor shall provide Lessee with a revised Payment Schedule whic I shall reflect the revised Principal balance and reduced Rental Payments due under the Lease. Capitalized terms used in this Section 3.4 but not defined herein,shall have the meanings given to such terms in the Lease. Escrow Agent shall have no responsibility to see to the a 2 propriate application of any moneys returned under this Section 3.4. Section 3.5. Liquidation. Upon receipt of written notice from Lessor or Lessee that the Lease has been terminated pursuant to Sections 3.2 or 12.2 thereof,Escrow Agent shall liquidate all investments held in the Equil ment Acquisition Fund and transfer the proceeds thereof and all other moneys held in the Equipment Acquisition Fund to Lessor. Section 3.6.Responsible Party. Lessee shall be responsible for the initiation of the disbursement process pursuant to Section 3.3 hereof. Neither Escrow Agent nor Lessor shall be responsible for any additional monie: assessed to Lessee resulting from disbursements made from the Equipment Acquisition Fund. 8/5/2014:BQ-ESC.DOC/rev.07/12.st1 2 20140828CityCouncilPacketA Page 200 of 227 20140823/jrl ARTICLE IV. T'w UST; INVESTMENT Section 4.1. Irrevocable Trust. The moneys and investments held by Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of Lessor and Lessee, and such moneys, together with a ay income or interest earned, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachrr ent or lien by or for the benefit of any creditor of either Lessor or Lessee(other than Lessor's security interest granted hereunder). Escrow Agent shall have no responsibility at any time to ascertain whethe or not any security interest exists in the Equipment Acquisition Fund or any part of the Equipment Acquisition Fund or to file a ty financing statement under the Uniform Commercial Code of any jurisdiction with respect to the Equipment Acquisition Fund or and part thereof. Section 4.2. Investment. Moneys held by Escrow Agent hereunder shall be in/ested and reinvested by Escrow Agent only in Qualified Investments. Such investments shall be registered in the name of Escrow Agent and held by Escrow Agent for the benefit of Lessor and Lessee. Escrow Agent may purchase or sell to itself or any affiliate,as principal mr agent,investments authorized by this Article IV. Such investments and re-investments shall be made giving full consideration for the time at which funds are required to be available. Any income received on such investments shall be credited to the Equipment Acq>isition Fund and any loss on such investments shall be charged to the Equipment Acquisition Fund. Escrow Agent shall not be respons ble or liable for any loss suffered in connection with any investment of moneys made by it in accordance with this Article IV. Section 4.3. Disposition of Investments. Escrow Agent shall,without further Erection from Lessor or Lessee,sell such investments as and when required to make any payment from the Equipment Acquisition Fund. Section 4.4. Accounting. Escrow Agent shall keep complete and accurate r:cords of all moneys received and disbursed under this Escrow Agreement which shall be available for inspection by Lessor or Lessee, N.the agent of either of them,at any time during regular business hours upon prior written request. Escrow Agent shall furnish to Lesso and Lessee no less than quarterly an accounting of all investments and interest and income therefrom. Section 4.5. Termination. This Escrow Agreement shall terminate upon di;bursement by Escrow Agent of all moneys held by it hereunder. Notwithstanding the foregoing, this Escrow Agreement shall not 11e considered to be terminated until all fees, costs and expenses of Escrow Agent have been paid in full. Upon termination,Escrow Aga nt shall be discharged from all duties and responsibilities under this Escrow Agreement. ARTICLE V. ESCROW AGENTS AUTHORITY; INIIDEMNIFICATIC'N Section 5.1. Validity. Escrow Agent may act upon any writing or instrument or signature which it believes to be genuine,may assume the validity and accuracy of any statement or assertion contained in such a writing or:nstrument,and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provision; hereof has been duly authorized to do so, and Escrow Agent shall be under no duty to make any investigation or inquiry as to any of the foregoing. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or`alidity of any instrument deposited with it, nor as to the identity,authority or right of any person executing the same. Escrow Agent shall be entitled to rely upon any statement,certificate,documen.or instrument presented to it by or on behalf of Lessee by any of Lessee's Authorized Representatives shown on Schedule I and shall be entitled to rely upon any such statement, certificate, document or instrument presented to it by any other person who identifies himsa if or herself as an authorized representative of Lessee. Section 5.2. Use of Counsel and Agents. Escrow Agent may execute any of th;trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents,or receivers. Escrow Agent shall be entitled to advice of counsel concerning all matters of trust and its duties hereunder and shall be paid or reimbursed the reasonable fees.and expenses of such counsel,as provided in Section 6.1. Escrow Agent shall not be answerable for the default or misconduct of any such sttorney,agent,or receiver selected by it with reasonable care. Section 5.3. Interpretation. As an additional consideration for and as an inducement for Escrow Agent to act hereunder, it is understood and agreed that, in the event of any disagreement between the pal ties to this Escrow Agreement or among them or any other persons resulting in adverse claims and demands being made in connecti,in with or for any money or other property involved in or affected by this Escrow Agreement, Escrow Agent shall be entitled, at the option of Escrow Agent, to refuse to comply with the demands of such parti es,or any of such parties,so long as such disagreement s-tall continue. In such event,Escrow Agent shall make no delivery or other disposition of the Equipment Acquisition Fund or any part(f the Equipment Acquisition Fund. Anything herein to the contrary notwithstanding, Escrow Agent shall not be or become liable to such parties or any of them for the failure of Escrow Agent to comply with the conflicting or adverse demands of such parties or any )f such parties. Escrow Agent shall be entitled to continue to refrain and refuse to deliver or otherwise dispose of the Equipment Acquisition Fund or 8/5/2014:BQ-ESC.DOC/rev.07/12.st1 3 20140828CityCouncilPacketA Page 201 of 227 20140823/jrl any part thereof or to otherwise act hereunder,as stated above,unless and until: I. the rights of such parties have been finally settled by binding arbitration or duly adjudicated in a court having jurisdiction of the parties and the Equipment Acquisition Fund;or 2. the parties have reached an agreement resolving their differe ices and have notified Escrow Agent in writing of such agreement and have provided Escrow Agent with indemnity satisfactory to l'sscrow Agent against any liability, claims or damages resulting from compliance by Escrow Agent with such agreement. In the event of a disagreement between such parties as described above, Escr)w Agent shall have the right, in addition to the rights described above and at the option of Escrow Agent, to tender into the registry or custody of any court having jurisdiction, all money and property compris:.ng the Equipment Acquisition Fund and may take such c Cher legal action as may be appropriate or necessary, in the opinion of Escrow Agent. Upon such tender,the parties hereto agree that I,scrow Agent shall be discharged from all further duties and responsibilities under this Escrow Agreement;provided, however, that th; filing of any such legal proceedings shall not deprive Escrow Agent of its compensation hereunder earned prior to such filing and discharge of Escrow Agent of its duties and responsibilities hereunder. The parties hereto jointly and severally agree that,whether under this Section 5.3 or any other provisions of this Escrow Agreement, in the event any controversy arises under or in connection with this Escrow Agree Went or the Equipment Acquisition Fund or in the event that Escrow Agent is made a party to or intervenes in any litigation pertaining o this Escrow Agreement or the Equipment Acquisition Fund,to pay to Escrow Agent reasonable additional compensation for its extra)rdinary services and to reimburse Escrow Agent for all costs and expenses associated with such controversy or litigation,including rea onable attorney's fees. Section 5.4. Limited Liability of Escrow Agent. Escrow Agent shall not be lis.ble in connection with the performance or observation of its duties or obligations hereunder except for in the case of its proven gross negli fence or willful misconduct.Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement fc r the failure or refusal of any other party to perform any covenant or agreement made by such party hereunder or under the Master Lease,but shall be responsible solely for the performance of the duties and obligations expressly imposed upon it as Escrow Agent hereunder. Section 5.5. Indemnification. Escrow Agent shall have no obligation to :ake any legal action in connection with this Escrow Agreement or towards its enforcement, or to appear in, prosecute or defend any action or legal proceeding which would or might involve it in any cost,expense,loss or liability unless security and indemnity,a provided in this Section 5.5,shall be furnished. To the extent permitted by applicable law,Lessee agrees to indemnify Escrow A:rent and it officers,directors,employees and agents and save Escrow Agent and its officers, directors, employees and agents harmle;s from and against any and all Claims (as hereinafter defined)and Losses(as hereinafter defined)which may be incurred by Escrow Agent or any of such officers, directors, employees or agents as a result of Claims asserted against Escrow Agent or any of such offi:ers, directors, employees or agents as a result of or in connection with Escrow Agent's capacity as such under this Escrow Agreemer t by any person or entity. For the purposes hereof,the term "Claims" shall mean all claims, lawsuits, causes of action or other legE 1 actions and proceedings of whatever nature brought against (whether by way of direct action, counterclaim, cross action or im)leader) Escrow Agent or any such officer, director, employee or agent, even if groundless, false or fraudulent, so long as the c.aim, lawsuit, cause of action or other legal action or proceeding is alleged or determined, directly or indirectly,to arise out of, resu t from,relate to or be based upon, in whole or in part: (a)the acts or omissions of Lessor or Lessee, (b)the appointment of Escrow A gent as escrow agent under this Escrow Agreement,or (c)the performance by Escrow Agent of its powers and duties under this Escro N Agreement; and the term"Losses"shall mean losses, costs, damages, expenses,judgments and liabilities of whatever nature(includi 1g but not limited to attorneys', accountants' and other professionals' fees, litigation and court costs and expenses and amounts pal i in settlement), directly or indirectly resulting from, arising out of or relating to one or more Claims. Upon the written request of F scrow Agent or any such officer, director,employee or agent (each referred to hereinafter as an "Indemnified Party"), and to the e xtent permitted by law, Lessee agrees to assume the investigation and defense of any Claim, including the employment of counsel acceptable to the applicable Indemnified Party and the payment of all expenses related thereto and, notwithstanding any such assurr ption, the Indemnified Party shall have the right, and Lessee agrees to pay the cost and expense thereof, to employ separate counse with respect to any such Claim and participate in the investigation and defense thereof in the event that such Indemnified Party shall have been advised by counsel that there may be one or more legal defenses available to such Indemnified Party which are different ft Dm or additional to those available to either Lessor or Lessee. Lessee hereby agrees that the indemnifications and protections afforc ed Escrow Agent in this Section 5.5 shall survive the termination of this Escrow Agreement. ARTICLE VII. CCMIPENSATI10 N Section 6.1. Escrow Agent Fee. Escrow Agent and/or Lessor shall be paid by L;ssee the Escrow Agent Fee shown on Schedule I for the 8/5/2014:BQ-ESC.DOC/rev.07/12.st 4 20140828CityCouncilPacketA Page 202 of 227 20140823/jrl ordinary services to be rendered hereunder (the "Escrow Agency Fees") from interest earnings from a deduction taken by Lessor and expressly authorized by Lessee at the time the Escrow Account is closed,and wil be paid and/or reimbursed by Lessee upon request for all costs, expenses, disbursements and advances, such as reasonable attorney's fee, and court costs, incurred or made by Escrow Agent in connection with carrying out its duties hereunder, including the costs,expenses,c isbursements and advances described in Sections 5.2,5.3 and 6.2. The Escrow Agent Fee and such other costs, expenses, disbursement; and advances shall be payable solely from the interest earnings from the Equipment Acquisition Fund. In the event a shortfall occurs, aid shortfall shall be the responsibility of Lessee and not the responsibility of Escrow Agent,Lessor,or their agents or assigns. Such shot[fall shall be paid by Lessee to Escrow Agent within 30 days following receipt by Lessee of a written statement setting forth such shortf ill. Section 6.2. Investment Fees. Escrow Agent shall be entitled to charge re asonable fees and commissions in connection with the investment by it of amounts held in the Equipment Acquisition Fund(the"Inves anent Fees"). Investment Fees are more fully delineated and defined in any prospectus referenced in or attached to the attached Schedu e I. Other Investment Fees may apply for self-directed investment choices or for extraordinary investments outside the Qualified Investt lent defined herein. Lessor and Lessee hereby authorize Escrow Agent to periodically deduct the Investment Fees from investment eaminl s on the Equipment Acquisition Fund. Section 6.3. Security for Fees and Expenses. As security for all fees and expa nses of Escrow Agent hereunder and any and all losses, claims, damages, liabilities and expenses incurred by Escrow Agent in conne:lion with its acceptance of appointment hereunder or with the performance of its obligations under this Escrow Agreement and tc secure the obligation of Lessee to indemnify Escrow Agent as set forth in Section 5.5, Escrow Agent is hereby granted a security interest in and a lien upon the Equipment Acquisition Fund, which security interest and lien shall be prior to all other security inter:sts, liens or claims against the Equipment Acquisition Fund or any part thereof ARTICLE VII. CHANGE OF ESCROW AGENT Section 7.1. Removal of Escrow Agent. Lessor and Lessee, by written agre;ment, may by written request, at any time and for any reason, remove Escrow Agent and any successor thereto, and shall thereupon tppoint a successor or successors thereto, but any such successor shall have capital (exclusive of borrowed capital)and surplus of at lea;t Fifty Million Dollars ($50,000,000), and be subject to supervision or examination by federal or state authority. If such bank or trust c,mpany publishes a report of condition at least annually, pursuant to statute or the requirements of any federal or state supervising or exan ining authority,then for the purposes of this Section 7.1, the combined capital and surplus of such bank or trust company may be conclus vely established in its most recent report of condition so published. Section 7.2. Resignation of Escrow Agent. Escrow Agent may resign at any ti ne from it obligations under this Escrow Agreement by providing written notice to the parties hereto. Such resignation shall be effectiv:on the date set forth in such written notice which shall be no earlier than 30 days after such written notice has been given, unless an e;rlier resignation date and the appointment of a successor Escrow Agent shall have been approved by Lessor and Lessee. In the event no sl ccessor escrow agent has been appointed on or prior to the date such resignation is to become effective, Escrow Agent shall be entit ed to tender into the custody of a court of competent jurisdiction all assets-:hen held by it hereunder and shall thereupon be relieved of all further duties and obligations under this Escrow Agreement. Escrow Agent shall have no responsibility for the appointment of a successor escrow agent hereunder. Section 7.3. Merger or Consolidation. Any entity into which Escrow Agent may be merged or converted, or with which it may be consolidated, or any entity resulting from any merger, conversion or consolidatic n to which it shall be a party, or any company to which Escrow Agent may sell or transfer all or substantially all of its corporate trust business(provided that such company shall be eligible under Section 7.1)shall be the successor to Escrow Agent without any execution or filin,;or further act. A r TICLE Viii. A1.MINISTRATIVE PROVISIONS. Section 8.1. Notice. All written notices to be given under this Escrow Agreerr ent shall be given by mail, by facsimile or by overnight courier to the party er titled thereto at its contact information specified on Sche Jule I, or at such contact information as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form,with postage full✓prepaid,or if given by other means,when delivered at the address or facsimile number specified in Schedule I. Any notice given by any tarty shall be given to both other parties. Section 8.2. Assignment. Except as expressly herein provided to the contrary, the rights and duties of each of the parties under this Escrow Agreement shall not be assignable to any person or entity without the wr tten consent of all of the other parties. Notwithstanding the above, Lessor may freely assign all or any part of its interest in this Escrc w Agreement and the Equipment Acquisition Fund in connection with an assignment by Lessor of its rights under the Lease. Section 8.3. t inding Effect. This Escrow Agreement shall be binding upon at d inure to the benefit of the parties and their respective 8/5/2014 13Q-ESC DOC/rev.07/12.st1 5 20140828CityCouncilPacketA Page 203 of 227 20140823/jrl successors and assigns. Section 8.4. Severability. In the event any provision of this Escrow Agreeme it shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable:ny other provision hereof. Section 8.5. Entire Agreement;Amendments. This Escrow Agreement constil utes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. By execution of this Escrow Agreement, Escrow Agent shall not be deemed or considered to be a party to any other document,including the Master Lease. This Escrow Agreement may be amended, supplemented or modified only by w itten documents duly authorized,executed and delivered by each of the parties hereto. Section 8.6. Captions. The captions or headings in this Escrow Agreement .ire for convenience only and in no way define, limit or describe the scope or intent of any provisions,Articles,Sections or clauses hereof Section 8.7. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver,or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be necessary or proper to carry out the intention or to facilitate the perform:nce of the parties under this Escrow Agreement,and for better assuring and confirming the rights and benefits provided herein. Section 8.8. Governing Law. This Escrow Agreement shall be construa d and governed in accordance with the laws of the Commonwealth of Virginia. Section 8.9. Execution in Counterparts. This Escrow Agreement may be s imultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same E;crow Agreement. Section 8.10. Waiver of Jury Trial. Lessor,Lessee and Escrow Agent hereby ✓aive any right to trial by jury in any action or proceeding with respect to,in connection with or arising out of this Escrow Agreement. Section 8.11. No Tax Reporting. Escrow Agent will not be responsible for ta) reporting of any income on the Equipment Acquisition Fund. [SIGNATURE PAGES FOLLOW] [REMAINDER OF PAGE LEFT INTENTII)NALLY BLANK] 8/5/2014:BQ-ESC.DOC/rev.07/12.st1 6 20140828CityCouncilPacketA Page 204 of 227 20140823/jrl EXECUTION I"AGE OF ESCROW,aGREEMENT ITN WITNESS WHEREOF,the parties have executed this Escrow Agreement as of the Date of Escrow Agreement shown on Schedule I. SUNTi'UST BANK, • SUNTRUST ,UIIPMENT FINANCE& Escrow Agent LEASING COI T., Lessor By: By: Name: Name: Title: Title: CITY OF TY is I.E ISLAND, Lessee By:� -' -�--/ Name: Jason B ielterman [SEAL] Title: Mayor Schedule I Information to Complete Escrow Agreement Exhibit A Payment Request Form 8/52014:BQ-ESC.DOC/rev.07/I2.stl 7 20140828CityCouncilPacketA Page 205 of 227 20140823/jrl SCHEDULE I INFORMATION TO COMPLETE ESCF OW AGREEMENT Lease Number: 09517 Equipment Schedule: 002 Date of Escrow Agreement: Name of Lessee: CITY OF TYBEE ISLAND Lessee's State/Commonwealth: Georgia Fees: $250.00(Escrow Agent) Investment Fees,if any,are more ully defined on the attached prospectus,if any Extension and other fees may be a 1plicable if not disbursed by the Ending Date. Initial Deposit Amount: 167,600.00 Date of Master Lease Agreement: June 18,2014 Beneficiary Name for Fund: CITY OF TYBEE ISLAND Ending Date: Lessee's Address: 403 Butler Avenue Tybee Island,GA 31328 Attention: Jason Buelterman Lessee's Telephone: 912/472-5080 Lessee's Facsimile: 912/786-9465 Lessee's Taxpayer Identification Number: 58-6000661 Lessee's Authorized Representatives Jason Buelterman,Mayor(name/title) [signature] [n une/title [signature] Escrow Agent's Address: SunTrust Bank 919 East Main Street,7th Floor Richmond,VA 23219 Attention: Matt Ward Escrow Agent's Telephone: (804)782-7182 Escrow Agent's Facsimile: (804)782-7855 Lessor's Address: SUNTRUST EQUIPMENT FINA\ICE&LEASING CORP. 300 East Joppa Road,7th Floor Towson,Maryland 21286 Attention: Escrow Disbursement Coordinator Lessor's Telephone: (410)307-6749 Lessor's Facsimile: (410)307-6665 Lessor's Taxpayer Identification Number: 26-1256148 8/5/2014:BQ-ESC/SIB.DOC/rev.07i 12.stl 20140828CityCouncilPacketA Page 206 of 227 20140823/jrl Lease Number:09517 Equipment Schedule:002 EXHIBIT A PAYMENT REQUEST FORM Ni SUNTRUST rANK,as Escrow Agent under an Escrow Agreement dat xi as of the Lease Date(the"Escrow Agreement")by and among Escrow Agent, SUNTRUST EQUIPMENT FINANCE& LEASING(20 r.,as Lessor, and CITY OF"TY(;EE ISLAN IP, as Lessee, is hereby requested to pay, from the Equipment Acquisition Fund,to the person or entity designated below as payee,that amount set forth opposite each such name, in payment of the Acquisition Costs of the Equipment designated opposite such payee's name and described on the attached page(s). The terms capitalized in this Payment Requ:st Form but not defined herein shall have the meanings assigned to them in the Escrow Agreement. Pavee/Pavrnerat Instr-;!ctions Amour t E Lessee hereby certifies that: I. Attached hereto is a duplicate original or certified copy of the following documents relating to the order, delivery and acceptance of the Equipment described in this Payment Request Form: (a) a manufacturer's or dealer's invoice; and (b) unless this Payment Request Form relates to partial payment of a Vendor,as defined in the Lease, in connection with a purchase order approved by Lessor,Lessee's Acceptance Certificate relating to the Equipment. 2. The representations and warranties contained in the Lease are ti Lie and correct as of the date hereof. 3. No Non-Appropriation or Event of Default,as each such term s defined in the Lease,or event which with the giving of notice or passage of time or both would constitute an Event of Default,has occurn d. Dated: J."—P/ ,20 CITY OF TY ILEE ISLAND, SUNTRUST EC UIPMENT FINANCE& Lessee LEASING COF P., Lessor By: . , By:C.f. •••‘'. Name:JasorrBuelterman Nan Title: Mayor Title: , Date: n — /51 Date: 8/5/2014 SQ-ESC/STB DOC/rev 07/12.stl 20140828CityCouncilPacketA Page 207 of 227 201408231d EXHIBIT G-1 Lease No.: 09517 Equipment Schedule: 02 TO: Georgia Interlocal Risk Management Agency Attn: Lindsey Albright 404-224-5044 Insert Insurance Agent Name&Address Phone Number and Fax Number Gentlemen: CITY OF TYBEE ISLAND has entered into a Master Lease Agreement dated as of June 18,2014 with SUNTRUST EQUIPMENT FINANCE& LEASING CORP. In accordance with the Agreement,Lessee certifies that it has instructed the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming SUNTRUST EQUIPMENT FINANCE&LEASING CORP.and/or its assigns as Loss Payee. The Coverage Required is$167 600.00. b. Public Liability Insurance evidenced by a Certificate of Insuran:e naming SUNTRUST EQUIPMENT FINANCE & LEASING CORP.and/or its assigns as Additional Insured. The following minimum coverage is required: Liability: $ 500,000.00 per person Liability-Bodily Injury: $1,000,000.00 aggregate Liability-Property Damage: $1,000,000.00 property di mage liability PROPERTY: Vendor: Flint Equipment Company Equipment: One(1)Noram 65E Motor Grader,Unit#F553751,S/N 65ET-9766 One(1)John Deere 310SK Backhoe Loader LOCATION: 76 Polk Street,Chatham County,Tybee Island,GA 31328 Upon issuance of the coverage outlined above, please mail a certificate of insurance to SUNTRUST EQUIPMENT FINANCE&LEASING CORP.,300 East Joppa Road,7t''Floor,Towson,M D 21286. Your courtesy in issuing and forwarding the requested certificate at your earliest convenience will be appreciated. Very truly yours, CITY OF TYBEE ISLAND, B V N. 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L a) U d (0 U -6 •X C O i C 0 v) 4- 4- C to b0 5 a) ro +-, O co C 0 0 O a) tau ft Q C _a C 2 a) z �' Ln C +' 'a✓ H D 00 -D O a) > > to rLo Y E C '^ co E Q Q a C aJ O cn m +� E a) p > a) vi a) a) a1 C El OL > L aO m p I- u C co C b0 o +� N a) >, L a) > ° . a) a0 vs a) 4- J c-I b0 a.., N -C Q d 4- N a1 >. a) +., CO a1 C C 0.) +•, Q co cc a) v) - 3 co D L a) a) O a) C co L p .N > b0 C U U v b0 U •U co ,+' O C a) d0 S E 00 —_ 0 C 0- v O a) D Q O O (0 a) -0 N 2 a U a : cC J U a D a L a U < C` 201cJ4 8 yCoun iPackgP m Page 21 nl 227 m m CO m N N N N N 20140823/jrl E k � / / / 2 f / / 6 t o a E ) o / \ C \ k bii/ E / \ $ c \ 2 \ ro § % 3 0 0_ /eto\ \ / C r 0 \ 0 0 G C Cu $ 0 E E -a j R 2 e e 3 2 _ \ 2 -o _ a) % / E cu \ / Cu G % & E & f E ± e a 201+98c6c o aPa&@a ® N ge 220 of 227 2014093/d INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND June 12, 2014 5:30 P.M. ATTENDEES: Paul Wolff, Diane Schleicher, George Reese, Angela Hudson, Chris Stovall and Rob Callahan. Joe Wilson and Barry Brown were absent. Approve the minutes of the previous meetings—Paul Wolff called the meeting to order; asked for a motion to approve the minutes from the 5.8.14 meeting. Rob Callahan so moved; Paul Wolff seconded. Vote was unanimous. (approval of two votes) Old Business: I. Update on Jones Avenue and Sewer Force Main from#6 Lift Station: a. Thomas and Hutton, Chris Stovall—Chris Stovall states, things are progressing; they've made their way through the hairiest part of the force main, on Solomon. On the water, they're up to 14th St. II. Update on Hwy 80 Trails Project a. Thomas and Hutton, John Giordano—Diane Schleicher states, I sent the email to you all; they're still working on the environmentals; we filled out the paperwork the best we could; that kind of jump started them. New Business: I. Cost savings (analysis) of Sludge Digester—George Reese handed out paperwork; if you'll look at the last page, it gives you the cost savings. Chris Stovall states, we went through some options; that's what the first part of it is; we reviewed the cost we had for it; we're looking at a 65ft. digester; it would be a digester verses a thickener; so we can truly reduce the amount of sludge; you're looking at 25-30%reduction. Diane Schleicher states she would share this with the rest of Council. II. Floridian Aquifer Meeting—Chris Stovall states, I gave Diane a copy; basically, this is the stakeholders meeting; it's going to be 3 additional meetings with the EPD facilitating; the 2 things that come out of it was that the cretaceous aquifer well is going here; it was brought out very early in the meeting; the other major item was that the red zone will require a reduction in permitted capacities, from 60 mgd, to 50 mgd, over the next 6 years; basically by 2020, EPD has said, here's where we're going to be; we're going to hold 3 more meetings; we're not going to tell you how to get there; you guys work it out; the next meeting is July 23rd at 1PM, over on Hutchinson Island, at the Convention Center. 20140828CityCouncilPacketA Page 221 of 227 20140823/jrl With no further business to discuss, Paul Wolff asked for a motion to adjourn. Rob Callahan so moved. Paul Wolff seconded. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 7.7.14 20140828CityCouncilPacketA Page 222 of 227 20140823/jrl INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND July 10, 2014 5:30 P.M. ATTENDEES: Paul Wolff, Diane Schleicher, Rob Callahan, Joe Wilson, George Reese, Chris Stovall and Monty Parks. Barry Brown was absent. Approve the minutes of the previous meetings—Paul Wolff called the meeting to order; asked for a motion to approve the minutes from the 6.12.14 meeting. Rob Callahan so moved. Paul Wolff seconded. Vote was unanimous. (approval of two votes) Old Business: I. Update on Jones Avenue and Sewer Force Main from#6 Lift Station -Thomas and Hutton, Chris Stovall a. Current Construction Schedule—Chris states they're moving forward; they're up to Carpenter Road; from Jones to Carpenter is completed; the water line has been slow going; they're just up between 11th and 12th now; they're coming up on the first really nice paved drive; one of the nice, brick, pavered ones; we're going to try and go around that; the gentleman that lives there is very particular about his drive. Paul Wolff states, he's talking about what's in the right-a-way, isn't he. Chris states, yes, it is in the right-a-way. George Reese states, it is,but you would never get it back right. Chris states, they why we talked about, it could be, that you could put a concrete pad(apron)there; we're probably a week from that; we'll talk to George about that. George states, there's quite a few nice pavered driveways down through there and they all come up to the edge of the road; you've got a choice, either come back with concrete or like I said, if you try to replace it, you'd never get it right. Chris states, this homeowner just put this drive in 6 months ago; he's the reason I said that we might not want anymore "new" driveways going in for now. Paul states, what we need to do is make sure that our crew knows to pull those pavers up and stockpile them on the property; make the property owner aware that they have the option of putting the pavers back at their expense or we can pour them a concrete apron. George states, we can get a letter to each one of them. Diane Schleicher states, I think we need to get something in writing so they can't come back and complain; George, Chris and I will work on that. II.Update on Hwy 80 Trails Project- Thomas and Hutton, John Giordano 20140828CityCouncilPacketA Page 223 of 227 20140823/jrl a. 2nd Phase Approved for TAP funding b. Current Schedule—Diane Schleicher states that Alton is wrapping up on the submittals to the Core, Coast Guard and EPD and moving ahead with construction plans. i. Permitting 1. Environmental 2. GDOT ii. Bidding iii. Construction III. Sludge Digester a. Timeline—Diane Schleicher states, this was budgeted. i. Engineering/Design—Chris states, I can go ahead and get the proposal in; I think we need very little survey out there, so design can begin very quickly; so the plan submitted to the State in the fall and begin in the winter; it could be done by busy season next year; ii. Bidding iii. Construction IV. Floridian Aquifer Permit Holders Meeting a. Next Meeting is scheduled for Wednesday, July 23, 2014 New Business: I. Force Main#7 a. Thomas and Hutton Engineering Proposal - $25,000—Diane Schleicher states, we have your proposal; this is on the agenda tonight. Paul Wolff asked for a motion to recommend to Council to approve this $25,000 proposal. Rob Callahan so moved. Paul Wolff seconded. b. Discuss Schedule i. Engineering/Design ii. Contract Amendment with BRW—Diane states this amendment will have to go to City Council and also GEFA because it's an amendment to what they've seen. Chris Stovall states, when we talked to GEFA originally, we had not designed it yet; they said before we can approve the construction, we need the design completed; turn those plans in; get it permitted, then we'll approve it; it's not that it won't be approved, we just need to follow the procedures; Paul called the question on the vote; both Rob and Paul in favor. iii. Construction II. Gym HVAC System a. Review Weather Doctors, Inc. Assessment/Proposal—Joe Wilson states, what you're looking at is a proposal to replace two, 20 ton units; there's no crane included to have to set those; that could run anywhere from 20140828CityCouncilPacketA Page 224 of 227 20140823/jrl $1200 - $2000 depending on how long it takes them to put them in and take them down; if we went up there and took them both down and put them both up there, and then he worked on them, there would be no heat or air in the Gym, at that time; What I'm proposing to do is take one of them off line at a time. Rob Callahan asked if this needs to be done now. Joe states look at page 2; what I have listed is the problems that each unit has and the invoice for the cost of repairs for each unit; what I've also found out is, over here and the Gym, the Ecobees need to be put in the correct locations; this is what it's going to take; you're looking at 2 units and installation at$65,660,plus the cost of the crane ($2000 or less). Diane S. states this will have to be bid out; we have the scope of work by having this analysis; I would also like to add the cost of the electrical for relocating the Ecobee systems; include that in the RFP, as well as the crane; I would also like an efficiency rating of like a 95-98, that we can put in the RFP. Paul Wolff asked if we could just do a RFP for re-positioning the thermostats. Joe states you would probably see some efficiency in them. Diane states it might make them last longer until we can get the RFP done. Joe states there are no guarantees on this. Diane states, Joe why don't we get a proposal from the electrician to move the Ecobees where they should be here (City Hall) and the Gym, and also any issues that we may have at the old school building.; let's go ahead and do that for now; it will probably be under the amount that has to go to Council; in the meantime we can get a RFP for just this portion. Paul states let's see what it would cost to move all the Ecobees to where they belong; try to do that as quickly as possible; then get the RFP together at the same time and let's get the Gym's HVAC the way it should be. b. Discuss Funding Source c. Discuss Schedule for RFP Process With no further business to discuss, Rob Callahan motioned to adjourn; Paul Wolff seconded. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 8.12.14 20140828CityCouncilPacketA Page 225 of 227 20140823/jrl Tybee Island Beach Task Force Minutes: June 19, 2014 Members Present: Harvey Ferrelle, Sam Adams, Freda Rutherford, Michael Foran, Amy Lanier, Helen Downing, Jimmy Burke, Joe Richardson, John Wylly, Lisa Callahan, and Cathy Lewis Visitors/Ex-Officios Present: Jason Buelterman, Paul Wolff, Bill Garbett, Monty Parks, Wanda Doyle, Dan Parrott, and Spencer Davis CALL TO ORDER: Harvey Ferrelle called the meeting to order at 12:00PM. Freda Rutherford made a motion to approval of minutes from March 20, April17, and May 15, 2014. John Wylly seconded. Vote was unanimous. Mayor Buelterman joined the meeting via telephonic conference. Mr. Ferrelle introduced the guests and asked Mr. Davis to introduce Mr. Mike Wulkowski, Coastal Engineer, Wilmington District, and COE who has been involved with dune design and construction. Mr. Davis reported that the COE is awaiting federal funds prior to moving forwarded with the process for the re-nourishment. Funds have been allocated from Tybee Island as well as the State. He anticipates federal funding and is still checking on a daily basis for status. Mr. Wolff asked if the money does not become available for this fiscal year will there be a possibility that it would be in the FY2015 budget. Mr. Davis responded no as there is no allocation for the 2015 budget. Mr. Wutkowski presented a short video regarding engineered beaches and dune templates. He gave a brief report regarding dunes in relationship to benefits, construction, cost and crossovers. Mr. Wulkowski stated that dunes protect on two levels: (1) hurricane storm surge level and (2) secondary protection, over-wash over the berm. He further explained all the benefits of the dunes and gave specific examples through diagrams from major hurricanes. (full presentation attached). Mayor Buelterman stated that he learned from the communities that dealt with Hurricane Sandy: if you have gaps in the dunes it will be problematic as the water breaches the dunes. There was a discussion regarding the building of the dunes and their benefits. Ms. Callahan asked if it wasn't the intent of the presentation to educate residents that sand fencing can be installed as well as other stabilizing components. She suggested that the Beach Task Force needs to educate the community as to the importance of the dunes and sand fencing. Mr. Ferrelle confirmed. Mayor pro tern Doyle stated that this should be included in the Beach Management Plan and would like to know the status. She stated that once the Plan is approved and put in place, it will give direction for Tybee's beach. Mr. Ferrelle responded that the Beach Management Plan should be finished sometime during the summer. A discussion ensured regarding the rebuilding of the dunes and berms. Mr. Wolff asked if the City could put mobi-mats at the end of every crossover, laying them over the dune and as the dune grew, move the mats back. Mr. Wutkowski said that could be a solution. Mayor Buelterman asked how does the section of WRDA regarding 15 years for the City's project play into the dunes and berms. Mr. Davis replied that request would have to come from the local interest as he understands the language in WRDA, requesting an extension to the project life as the City is tied to the current life. He further stated that the issue is the City is tied to the current authorization of a 40 foot berm and seven years advance nourishment. 20140828CityCouncilPacketA Page 226 of 227 20140823/jrl Mayor Buelterman then asked what the risk might be if the City were to try and get a new authorization. Mr. Davis stated that the risk the City takes with a new authorization is that it may or may not happen. Mayor Buelterman stated that there was a document distributed by FEMA regarding the impact dunes would have on flood insurance and it is not clear. It stated that the City needs to have a continuous line of "high" dunes to receive credits for lower flood insurance rates. The document does not define "high" and asked Mr. Davis his interpretation. Mr. Davis responded that it is a matter of engineering as if you build the dunes to a certain height; they may have to widen that dune to provide the same protection where if you build the dune to higher elevation it would not have to be as wide. Mr. Wutkowski summarized stating the dunes provide protection during big events thus very important. Mr. Wolff then asked Mr. Wutkowski his opinions of t-shaped groins. Mr. Wutkowski responded that t-shaped groins are good as long as they are designed properly and incorporate the adjacent shoreline impact considerations. There was a discussion regarding the groins and their advantages in relationship to the hot spots. Helen Downing spoke about the growing dunes on her property noting that sometimes you have to forego the view for the dune protection. Mike Foran recommended the City put up sand fencing immediately upon the completion of the re- nourishment. The Beach Task Force members agreed. Lisa Callahan recommended that the Beach Task Force should put out a public notice reminding residents how important the dunes and sand fencing are to the Island and public safety. Mayor pro tem Doyle reminded the Beach Task Force that the Beach Management Plan needs to be completed as it will set guidelines for dunes, sand and the beach. She offered her assistance if needed. Mr. Ferrelle stated that the Beach Management Plan should be completed by the end of summer and at the time will be sent the DNR for their approval. Being no further business the meeting was adjourned at 1:30PM. 20140828CityCouncilPacketA Page 227 of 227 20140823/jrl