HomeMy Public PortalAbout19330414SCMeeting1
1
75
Savannah Beach, Tybee Island, Ga.
April 14th, 1933.
A special meeting of Council was held to-day at 3:30 P M and was
attended by Mayor Lewis, who presided, and Councilmen Cann, Sharp-
ley,, Blumenthal, Demere, Logan, Righton, and Town Attorney McIntyre.
The following property owners appeared and petitioned that the assess
ments on their property be reduced: T. D. Hirsch, George Peters,
Mrs. Ben Blumberg, John Z. Rourke, C. H. Schaefer for Mrs, Adeline
Wessels, C. H. Schroeder, E. C. Brennen for Mrs. J. E. Schwarz,
E. A. Galletta, Mrs. E. H. Thesmar, Carl Mendel for R, A. Chalker,
p. E. Kekenes City Investment Co., and Mendel Real Estate and In-
vestment Co.ar Morris Siotin; J. R. Sweat for W. K. Pearce,
Dr. W. A. Norton, H. A. Gay, J. A. Logan eel also for the Estate of
J. A. Logan, - -H. D. Siem fo H. P. Smart with reference to unequal
assessmentcon lot 28, Weird 6 in relation to the adjoining property,
- -Mr. Went for Mrs. I. D. LaRoche, Bernard Eicholz for rs..Rose
Eicholz, petition was also presented by her petitioning that con -
struction of her building on Butler Ave. be permitted without requir*
that it be storm sheathed, it was decided to handelthe mat-
-teY after the matter of assessments has been disposed of, - -Mrs. T. F.
Cleary, Mrs. Charles F. Graham who also petitioned that something
be done with 3rd Street, as in its present condition it is causing
the sand to be blown out 'from ' around the foundation of her cottage,
the matter was referred to the Streets and Lanes Committee, - - --
Mrs. J. C. Slater petitioned that the change made in the assessment
of her property at Lovell Station is apparently in error as the
lower assessment of the three cottages was taken off, whereas the
cottage that was destroyed by fire carried one of the higher assess-
ments, the matter was referred to the Assessment Committee
V. T. Skeffington for-R. L. Byrum, R. L. Cooper for H. E. whitten,
there were also, ' ier petitions of persons who did not appear be-
fore the meeting.- -All of the above petitions were referred to the
Assessment Committee.
The petition of Mrs. Eicholz relative to being permitted to build
without storm sheathing was brought up and Councilman Righton made
s~ motion that the building ordinance be complied with, this was
seconded by Councilman Blumenthal, and passed.
Petition of the National Finance Corporation to build a staircase
on the outside of their building on section 3 of lot 105, Ward 5,
this would encroach on the building line, Councilman Righton
moved that this not be permitted but that the building ordinance
be complied with, seconded by Councilman Blumenthal, and passed.
Petition of D. T. Furse requesting the town to install a sewer pipe
to drain off surplus water in the vicinity of 13th Street and Butler
Ave., the matter was referred to the Streets and Lanes Committee.
There being
call of the
no further business, Council adjourned, subject to the
Mayor..
�M1
76
CONTRACT BETWEEN TYB + + WAS WORKS AND TOWN OF SAVANNAH BEACH
STATE OF GEORGIA
CHATHAM COUNTY
THIS AGREEMENT made the 6th day of March, 1933, between the
TYBEE WATER WORKS, a corporation under the laws of Georgia, its
successors, lessees or assigns, as party of the first part, and
the MAYOR AND COUNCILMEN of the TOWN OF SAVANNAH BEACH, TYBEE
ISLAND, a municipal corporation under the laws of the State of
Georgia, as party of the second part.
WI TNESSETH:
THAT the said parties of the first and second part, for and
in consideration of the mutual covenants nerein contained, con-
tract and agree as follows, to -wits-
1. The said Tybee Water Works, its successors, lessees or
assigns, will install in the said Town of Savannah Beach, Iybee
Island, a water works system for the purpose of furnishing of
water for the purpose of fire protection and for other purposes
as herein set forth, the said water works system to comply with
the specifications of the Southeastern.Underwriters Association
amd to be approved by the said association as shown by maps or
plans which have been heretofore prepared and which are submit-
ted to and approved by both parties hereto, and identified by the
signature of each of the parties hereto and declared a part here-
of; the said system to include for the furnishing, during the
term of this agreement, of thirty (30) water hydrants to be placed
at the points specified, on said maps or plans approved by the
said Southeastern Underwriters Association,. the said hydrants
and other equipment to be furnished and installed at the expense
of the said Tybee Water Works.
2. The siad Town of Savannah Beach will furnish police protec-
tion for the said hydrants and for any other property or equipment
which may be installed in pursuance of said maps or plans.
3. The said Tybee Water Works, its successors, lessees or assigns,
will buy and erect a water tank having a capacity of one hundred
thousand (100,000) gallons, the same to be erected on a tower at
a height of one hundred twenty -five (125) feet and to be connected
with a twelve (12) inch artesian well to be bored by the Iybee wa-
ter Works, its successors, lessees or assigns and a forty (40)
horse -power electrically driven pump and an auxiliary gas engine of
forty (40) horse -power for emergency use and purposes, all said e-
quipment to be furnished and installed by the said Tybee water !works,
its successors, lessees or assigns, without expense to the town of
Savannah Beach, all equipment to be approved by the Southeastern
Underwriters Association. All machinery, equipment and other pro-
perty comprising the water works system to be at all times 1ept in
77
good working condition and equal to the standard of efficiency now or
hereafter adopted by the Southeastern Underwriters. Association.
4. The Tybee dater Works, its successors, lessees or assigns, will
during the life of this contract, without expense to the town of
Savannah Beach, Tybee Island, furnish all water which is necessary far
the purpose of fire protection, the flushing of sewers, when installed,
and watering plants and shrubbery in the streets and other public pro-
pertyc of the town of Savannah Beach.
5. The Tybee Water Works, its successors, lessees, or assigns, dur-
ing the life of this contract and franchise, will pay and install
promptly upon application the necessary pipes for extending to a dis-
tance of one hundred (100) feet it present water mains and supply
pipes, for the purpose of furnishing to persons, firms or corpora-
tions desiring water for domestic and commercial purposes, and any ex-
tension beyond one hundred (100) feet to be furnished by property
owners or by the said Tybee Water Works, its successors, lessees or
assigns, at the expense of such property owners, such supply pipes
not to exceed, in size, a diameter of one (1) inch.
6. . The town of Savannah Beach will install or have installed at
its own expense any hydrant for fire purposes, which it may deem ne-
cessary over and above the said thirty (30) fire hydrants above set
forth as installed by the said Tybee Water Works, its successors,
lessees or assigns, and the said Town of Saysnnah Beach will also
furnish and install at its expense such extensions of pipes as may
be necessary to connect with the hydrants for fire purposes over and
above the thirty (30) hydrants above set forth. When the loan to be
fade by the Reconstruction Finance Corporation of other parties, as
specified in Section 9i(ihereof, to the said Tybee Water Works, its
successors, lessees or assigns, has been paid, then the Tybee Water
Works, its successors, lessees or assigns will purchase from the
town of Savannah Beach, at cost price, the said hydrants above the
thirty (30) hydrants above set forth, and the said extensions and
supply pipes laid by the town necessary to, reach such hydrants, the
payment for said hydrants and extension to be made upon the same
terms as the payment to be made to the Reconstruction Finance Cor
poration, or other parties, and not to exceed ten (10) years; all
future installations after the Tybee Water Works, its successors,
lessees or assigns have completed the payment of its loan to the
Reconstruction Finance Corporation, or other parties, shall be re-
imbursed to the town of Savannah Beach upon the same terms as during
the period that the Tybee Water Works, its successors, lessees or
assigns is liquidating its loan to the Reconstruction Finance Cor-
poration,
7. The said Town of Savannah Beach hereby grants to the said
Tybee: Water {F' irks, its successors, lessees or assigns, a franchise
for the period of twenty -nine (29) years from November lst, 1932,
upon the condition that all agreements and covenants to be performed
and kept upon the part of the Tybee Water Works, its successors,
lessees or assigns, are faithfully performed and kept, during which
it may build, maintain, operate, own and lease a system or systems
for the purpose of supplying water in and through all public streets,
lanes, roads and ways of the Town. of Savannah Beach and to maintain
and operate a water system with all pipes, hydrants and other appli+-
d11
78
antes necessary and needful to conduct the business of furnishing wa-
ter to the inhabitants of the town of Savannah Beach, Tybee Island,
for fire protection purposes and other public purposes, as well as for
commercial and domestic purposes, the said period of twenty -nice
years to run from November lst, /932 and to end November 1st, 1961.
All pipes to be laid in the streets of the Town of Savannah reach,
ehall be laid as designated by the proper committee . of the Council of
said town.
8. The said Town of Savannah Beach will as early as possible after
the execution of this contract, pass such ordinance as may be neces-
sary or desirable to approve and confirm the provisions of this con -
tract, and upon the passage of such ordinance or resolution this pre -
sent contract shall be binding upon both parties for all purposes,
provided, however, that the Tybee Water Works, its successors, lessees
or assigns obtain the loan contemplated in Section 9 hereof, and upon
failure so to do this agreement shall terminate.
9. This present contract is made between,the said parties on the
assumption that the Reconstruction Finance Corporation will lend to
the said Tybee Water Works, its successors, lessees or assigns the
sum, not exceeding, of Twenty -Five Thousand Dollars ($25,000.00) for
the purpose of financing the same and shall not be binding on either
party, unless such loan is made by the Reconstruction Finance Go r-
poration, or unless the said Tybee Water Works, its successors, les-
sees or assigns can secure the money necessary for the same from some
other person, firm or corporation, arch loan -to be obtained within
ninty (90) days and the work to begin within six (6) months, and to
be completed within twelve (12) months from the date hereof.
10. The Tybee Water Works, its successors, lessees or assigns co-
venants that the water system herein contemplated, when installed,
will be modern, efficient and will at all times furnish sufficient
water for all purposes adequaye for the needs of the users thereof.
11. The Tybee Water Vlorks, its successors, lessees or assigns will
at all times comply with the regulations as now existing or hereaf-
ter adopted by the State Board of Health of Georgia, making such ex-
penditures as may be necessary to insurae and does insure at all
times a good, wholesome, healthful and uncontaminated supply of ar-
tesian water.
12. There will be no change goberning the rules, regulations and
rates of the Tybee Water Works, its successors, lessees or assigns
unless ordered by the Public Service Commission.
13. The Tybee Water Works, its successors, lessees or assigns fur-
ther covenants and agrees that throughout the time of the installa-
tion of equipment and pipes for the enlarge water works as herein
contemplated, it will provide a continuous source of water to the
takers thereof on said island and will not permit or suffer any in-
terruption thereof, other than necessary to make such connection
from old main to the new installation, not to exceed six hours.
14. That in the laying of pipes and the installation of equip-
ment as herein contemplated the Tybee Water Works, its successors,
79
lessees or assigns will, whether the laying of pipes and the in-
stallation of equipment be done by itself or others employed for
said work, safeguard such operations so as to prevent injury or
damage to persons or property and will restore, after the laying of
pipes, the streets, lanes or alleys to their present condition.
It is especially agreed that should there be any liability upon
the Mayor and Council of the town of Savannah Beach, lybee Island,
because of injuries or damage suffered to person or property through-
out the period df installation and because of said work, the
Tybee Water Works, its successors, lessees or assigns will upon
demand : pay and discharge such liability and will at all times hold
the town of Savannah Beach, Tybee Island, harmless from any loss
whatever.
15. This franchise and agreement is executed by the town of
Savannah Beach, Tybee Island, upon the express condition that
Tybee Water Works, its successors, lessees or assigns, will well
and truly perform all of the covenants and agreements by it to be
performed as herein set out, and that, upon any failure upon the
part of Tybee Water Works so to do, it will within ninety (90)
days after notice in writing of any such breach of contract tor
earlier if possible), remedy such failure to perform, and that, if
same be not remedied within said time, the Town of Savannah Beach,
Tybee Island, will, thereupon, or at any time thereafter, have the
right to terminate this agreement, in which event all rights of
Tybee Water Works hereunder shall cease; provided that such ter -
mination of this agreement shall not bar the right of said £own
to recover from Tybee Water Works, its successors, lessees or
assigns, any sum or sums which may be due the said iown hereunder,
or to enforce any liability incurred, or seek redress for damage
suffered by reason of the work done hereunder. It is distinctly
understood and agreed, however, that no default or omission of the
part of Tybee Water Works will prejudice the rights of £econstruc-
tion Finance Corporation, either as assignee of said franchise or
as holder of the same, to any extent or in any way, and that, should
said Reconstruction Finance Corporation acquire said franchise and
elect to exercise any rights thereunder as the successor in interest
of 'Tybee Water Works, it shall have the right to, and may, utilize
said franchise to the full extent permitted by this agreement and
to the same effect as if there had been no default, omission, ne-
glect or failure of duty on the part of Tybee Water Yorks, or its
lessee or assign. It is further understood and agreed that, upon
the giving by the Town to Tybee Water Works, its successors,or
assigns, of any such notice of default, a copy thereof shall be
furnished Reconstruction Finance Corporation by mailing the same to
its offices at Washington, D. C., and the Reconstruction rinance
Corporation may, at its option or election, take steps, at the ex-
pense of Tybee Water Works, to remedy such default without thereby
waiving any rights which it may have as against said Tybee grater
Works by reason of such default. It is also understood and agreed,
however, that said Reconstruction Finance Corporation shall not be
lieble for any failure on its part to remedy such default, nor for
any act, ommission or breach of contract or duty on the part of
Tybee Water Works, not for any failure on the part of £ybee water
Works to carry out any contract or agreement, or :to perform any ob
lig .tion imposed upon it under the terms hereof.
80
16. It is covenanted and agreed, as a part of this contract and `:'
franchise, that, during the existence of the same, Tybee 'Water works
shall be relieved of any license fee or charge for doing business as
such water works in the Town of Savannah Beach.
19. The said Town of Savannah Beach agrees to equip the said Town
with the necessary equipment as required by the Southeastern under-
writers Association to assure the property owners of Savannah each
as third class fire rate. The said Town of Savannah Beach agrees to
keep this equipment in such condition as to meet the approval of the
Southeastern Underwriters Association during the life of said fran-
chise.
18. The Town of Savannah Beach, Tybee Island, understands that Iy-
bee Water Works has applied for a loan to be made to it by reconstruc-
tion Finance Corporation for the purpose of financing the installation
(or certain thereof) and the work herein specified to be done by the
Water Works, and that said Tybee Water Works intends to mortgage 6r
convey its property, real and personal, including its rights under t
this contract, as security for the performance of any obligationson
its part to Reconstruction Finance Corporation, specific authority
and permission is hereby given Tybee Water Works by the said town' to
assign, mortgage, convey or otherwise alien or encumber the said fran-
chise for the purpose of securing such obligation to Reconstruction
Finance Corporation, and upon the understanding and agreement that
no default of Tybee Water Works, under this agreement, and no fai-
lure to carry out any of the terms or provisions hereof on the part
of Said Tybee 'Pater Works shall affect the rights of Reconstruction
Finance Corporation as hereinbefore more fully set out.
Iff WIlatu,SS WBEREOF, the parties hereto have executed this
agreement in triplicate as of the day and year first above written,
Tybee Water Works by causing its name to be signed by its President
and its corporate seal, attested by its Secretary, to be hereunto
affixed, all in pursuance of a resolution of its Board of irectors,
and the Town of Savannah Beach, Tybee Island, by causing its name
to be signed by its Mayor and its corporate seal, attested by its
Clerk, t6 be hereunto affixed in pursuance of an ordinance of said
Town, duly and regularly passed.
The Otdinance accepting the above mentioned contract be-
tween Tybee Water Works and Town of Savannah Beach, ryas ;Tb.ssedtht.
10dDecial meeting of Council, December 8th, 1932.
There being no further business, Council adjourned sub-
ject to the call of the Mayor.