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HomeMy Public PortalAbout19510208CCMeeting1 Chlorinator. The matter was referred to Supt. Reed to contact Mr. Joseph Hutton and check on the matter. There being no further business, Council adjourn - ed, subject to the call of the mayor. Mayor Savannah Beach, Tybee Island, Ga. February 8, 1951 The regular meeting of Town Council was held in the Council Room today at 4 p M and wawn - attended by Mayor Dutton, who presided,. Councilmen Peters, Brown, Smith, Meddin and Lovell, Town Attorney Solms, Supt. Reed and Chief MoCutchen. The Mayor asked Mr. Reed if any work had been started on laying new water mains, he stated that work had been started, that he had eight prisoners, and that all of the streets in Venetian Terrace and Horsepen Hammock had been leveled and graded and were now in excellent condition, also that the building formerly housing the Fire Station and the _'ail and which is now used entirely as the Fire Station houses two fire engines and the ambulance, since the new opening has been made on the north-side of the building. The Mayor informed Council that the personel of the police Department had been invited to join the Georgia Peace Officers Benefit 'Association, that the initial dues are 43.00 per person per year and the monthly dues are 2% of the salary with a maximum of $4.50 and that the Town allow the additional 2 % of the officers salaries to take care of these dues, Councilman smith moved that the members of the police Department be allowed an additional 2% of their salary, with a maximum of $4.50 per person, Councilman Lovell seconded and the motion passed. Twenty -five tickets -for a dance given by the • Chatham County police Benevolent Association were present- ed to Council with a request that they be purchased, Council- man Peters moved that Council purchase ten (10) tickets, Councilman Meddin seconded and the motion passed. Chief'LMcCutohenpota$edt Otsome Qr, the basg; p pes :ghat. hold eomp of, the:. pe.z'; .ng me.terg ohouldeba TPJathalg dr3,11- Od toJ1 et the salt water drain out to prevent rust.ing, that this work would have to be done with an electric drill and it would be necessary to get an 110 -V A. C. portable generator. 75 Councilman Meddin moved that bills for the month of February amounting to $1719.9+ be paid and also bills for the Water Works Department amounting to $20,063.45 be paid, Councilman Peters seconded and the motion passed. Councilman Smith stated that Mr. Lang will bill commercial water users the same as was done by the Tybee Water Works until the final details are worked out. A protest was read from Mr. J. B. Rourke against the operation of a sewerage pumping station adjacent to his Lot 95, Ward 1, it was the opinion of Council that as this station was located on Town property it could not be moved. Mr. Solms informed Council that in connection with the accident between the Starland Dairies truck and the Police car that they have refused payment. Also that the damage that was done to the column to the entrance to the 16th Street parking area by a soldier that the Town had no case there either. Mr. A. C. Carter petitioned Council for one -half of the old Central of Georgia Railway Right-of-Way adjacent to property owned by him and known as Lots 1 -2 -3, Block 7, Garden Ward. Referred to Town Attorney Solms and Superin- tendent Reed. A request was read from Dr. H. J. Bush requesting a sewer line to his property, Lot 7, Block 19, Fort Screven Ward. It was agreed that the Town would lay it if he pur- chased the necessary pipe. Councilman Meddin Called attention to 40 19th Street and also Alley 4 1 stating that he had been approached with a view of having these streets opened. Town Attorney Solms was instructed to write Mr. Fred Wessels, Jr. of the Amphi- eo Club that if they would bear the expense caused by the opening of Alley # 1 the Town would do it. Town Attorney Solms was requested to write to Mr. Fred H. Haar, operator of the Riptide, that the transfer of the whiskey license. from the Kozy Kornor location to the Riptide had never been approved by the police Committee nor had the transfer fee of Twenty -five (25.00)_ Dollars been paid. Councilman APeters t�ov d that the fbiioiiing Resolg ion be adopted, oliman'eddin `seo nded and -themmbtietr ' passed, 76 -A A R E S O L U T I O N WHEREAS,, the Honorable Olin F. Fulmer, Mayor of the City of Savannah, and the Honorable Robert S. Downing, Director of the Department of Public Works, assisted the Town of Savannah Beach, Tybee Island, by giving the use of a road grader for the purpose of repairing and levelling several streets within the corporate limits of this Municipality; and, WHEREAS, the use of this said machine permitted the necessary grading, levelling, and repairing of several streets with a minimum cost to this Municipality, saving considerable sums of money to Savannah Beach, Tybee Island; WHEREAS, the repairs to these streets' were a vital necessity to the citizens of said Municipality; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Councilmen of the Town of Savannah Beach, Tybee.Ixland, in council assembled and it is hereby resolved by the authority of the same that the thanks and appreciation of the Mayor and Councilmen, as well as those of the citizens of the Town of Savannah Beach, Tybee Island, be extended to the Honorable Olin F. Fulmer and the Honorable Robert S. Downing, and those members of the Department of Public Works who assisted in the transfer and operation of the said road - grading machine. BE _IT FURTHER RESOLVED by the authority of the same that a copy of this resolution be spread upon the minutes of Council and that a copy thereof be sent to the Honorable Olin F. Fulmer, Mayor of the City of Savannah, and to the Honorable Robert S. Downing, Director of the Department of Public Works of the City of Savannah. Councilman Brown moved that Mr. Mike Goldberg, the owner of the building north of his store, known as Stephens Place be given sixty days in which to repair this property, Councilman Smith seconded and the motion passed. The Clerk was intrtructed to write Mr. Goldberg concerning this matter. Councilman Meddin moved that the following Resolu- tion be adopted, Councilman Brown seconded, and the motion passed. 76 -B 1 Chief MoCutchen suggested that the Town should tighten up on the operations of the Junk Dealers buying scrap from children, Councilman Peters moved that the License Ordinance be amended to inclusde Junk Dealers and that the fee be $100.00 per year with the proviso that they report what they buy, who from, and the purchase date to the Clerk of Council within twenty -four hours. Councilman Hosti seconded and the motion passed. AN ORDINANCE AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE FOR THE RATE OF LICENSE TAX ON ANY PERSON, FIRM, OR CORPORATION ENGAGED IN A BUSINESS OR DEALING IN JUNK OR SALVAGE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, FOR THE FISCAL YEAR ENDING APRIL 30, 1951, PROVIDING THE RULES AND REGULATIONS FOR ENGAGING IN SAID BUSINESS; FIXING PENALTIES FOR THE VIOLATION; AND FOR OTHER ARMArn. SECTION I Be it ordained by the Mayor and Councilmen of the Town of Savannah teach, Tybee Island, Georgia, in Council as- sembled, and it is hereby ordained by authority of the same that aay person, firm, or corporation engaged in the business of purchasing, acquiring, or otherwise trading for salvage and junk within the Municipal limits of the Town of Savannah Beach, Tybee Island, Georgia, during the fiscal year ending April 30, 1953e, shall pay on or before the commencing of such business the sum of $100.00 for a license for doing business as such. SECTION II Any person, firm, or corporation, engaged in or doing business under such license shall also be required to report to the Clerk of Council of Savannah Beach, Tybee Is- land, Georgia, the name and address of each and every person from whom salvage and /or junk is purchased and said report shall further identify the article purchased asc,junk and /or salvage. The said report to the Clerk of Council of this Municipality shall be made within twenty -four hours after the completion of said trade, purchase, or acquisition of said junk or salvage. SECTION III The Mayor and Councilmen reserve the right to refuse to issue to anyone a license under this said Ordin- ance for any purpose or reason sufficient to them. SECTION IV Any person, firm, or corporation viokating any of the provisions of Section I or of Section II of this said Ordinance shall, upon conviction before the Mayor's Court of said Town, be subject of a fine in the sum of not more than $100.00, or be imprisoned not more than thirty days, either or both or any portion of either or both in the discretion of the Court. SECTION V All Ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby repealed. 1 1 1 76 -c-c A RESOLUTION WHEREAS, the Parent Teachers Association of Tybee School at a regular meeting held on November 8, 1950, adopted a Resolution requesting the Board of Education of Chatham County to erect, build and equip a new School enlarging said School grades from the first through the 8th to be taught; and, WHEREAS, the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, are cognizant of the fact of the deplorable condition now existing in the Tybee School, a Public School; and, WHEREAS, this Council realizing that the School is inadequate to properly house and educate the present enrollment and that it would be a physical impossibility to house and /or educate any additional pupils and to retain their present standards of accredited teaching; and, WHEREAS, it has been brought to the attention of this Council that the roof on the present building is in bad condition, that the heating system is a very serious fire hazard, that the equipment in said School is very ppor and inadequate, and that the present room space is entirely too small; and, WHEREAS, the present building was built on or about the year 1918 and that, since that time, there have been very few improvements made on said building, and that the present enrollment of 96 pupils with 3 Teachers does not meet the accredited standing of a Public School; and, WHEREAS, on January 23rd, 1951, the voters of Chatham County, Georgia, at a Referendum held on said date by overwhelming vote favored the issuance of Two and one -half million dollars of bonds for the purpose of erecting new Schools; and, WHEREAS, the Board of Education for the City of Savannah and the County of Chatham have expressed their need for a minimum of five (5) acres of ground for the erection of a School, together with a sufficient area for playgrounds in the event that a new School should be erected at Savannah Beach, Tybee Island; and, WHEREAS, Savannah Beach. Tybee Island, has approximately 10 -1/2 acres now owned and designated as Memorial Park; NOW, THEREFORE, BE IT RESOLVE& by the Mayor and Councilmen of Savannah Beach, Tybee Island, in regular monthly meeting assembled and it is hereby resolved by the authority of the same that five (5) acres of Memorial Park on the Southerly side of said Park along-5th' Street be offered to the Board of Education of the City of Savannah and the County of Chatham for the site of a new School to be erected thereon. BE IT FURTHER RESOLVED by the Mayor and Councilmen that the Mayor be authorized and directed to execute a Deed conveying 76 -D said five (5) acres for the purpose aforesaid to the Board of Education of the City of Savannah and the County of Chatham, and the Clerk of Council is hereby authorized and directed to attest the signature of the said Mayor, and affix the corporate seal of the Municipality to same. The Mayor informed Council that in connection with the suit in the Superior Court, Corcoran & Wilson VS Levison & the Mayor and Councilmen against the operation of a Fishing Camp in a zoned area, Judge MacDonald ruled that the Ordinance covering zoning was unconstitutional. The Mayor re- quested the Town Attorney to prepare a new Ordinance on zoning that will meet the requirements. Councilman Smith moved that the following Ordin+- ance be adopted, Councilman Lovell seconded and the motion passed. 1 1 1 n 76_E AN ORDINANCE AN ORDINANCE TO CREATE A MUNICIPAL PLANNING BOARD; TO CREATE A BOARD OF ADJUSTMENTS, BOTH OF,SAID BOAIDS.IN. ACCORDANCE WITH ACTS ADOPTED JANUARY 31, 1946,_ PROVIDING THE PROCEDURE FOR .ZONING AND PLANNING ING IN ACCORDANCE WITH _ THE . PROVISIONS OF ARTICLE III, SECTION VII, PARAGRAPH XXI. OF THE CONSTITUTION- Off' GEORGIA OF 1945; . AND FOR OTHER PURPOSES. BE IT ORDAINED by the authority of the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, in Council assembled, and it is hereby ordained by authority of the same; SECTION 1, The Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, shall have authority to enact, adopt, promulgate, and from time to time amend, extend, and add to regulations effective in the corporate limits of such municipality restricting height, number of stories, and size of buildings and other structures, the prcentage of lot that may be occupied, the size of yards, courts and other open space, the density of population, the location and use of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or other purposes; to provide for municipal planning; to provide for the regulation of subdivision of land; and to establish set -back lines for buildings and structures along the streets, lanes, avenues and roads, including power and authority to divide the said municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act; and within such distribts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings nd structures, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations inclu ing a map or maps, indicating the districts, and the regul tions in district may differ from these in other districts. Acts 1946, Pg. 191 SECTION 2. The Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, shall have authority to enact such regulations in, accordance with a comprehensive plan designed for the purposes, among others, of lessening congestion in the roads and streets; securing safety from fire, ;clood, erosion, and other dangers., providing adequate light and air; promoting the health and general welfare; encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; conserving and developing the natural resources; and protecting the food supply. Such regulations shall 76 -F be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view of promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use and management of land in the municipality. Acts 1946, Page 192. SECTION 3. The Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, in accordance with the powers conferred upon it by the Act of 1946, Pages 191 -203, shall have authority to appoint a Board of five (5) members to be known as the Municipal Planning Board; to create the terms (not to exceed four (4) years) as the said municipal authorities may determine. Any citizen of the municipality may be appointed to membership on the Board except members of the municipal governing authority. The Board shall elect one of its members Chairman and shall appoint a Secretary, who may be an officer or employee of the municipality. The Board shall make its own rules of procedure and determine its time of meeting. The municipal governing authority may provide for reimbursement of the members of the Planning Board for actual expenses incurred and shall provide for the filling of vacancies in the membership, and for the removal of any member for cause, or written charges after a public hearing. Acts 1946, Page 193. SECTION 4. The Municipal Planning Board shall make for certification to the governing authority of the municipality a zone plan, or plans, including both the full text of the zoning regulations, and the maps representing the recommenda- tions of the Board for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes and the use of land for trade, industry, recreation, agriculture, water supply conservation, or other purposes. When the efforts of such Board shall have reached the stage of tentative plans, the Board shall hold at least one pbulic hearing on each tentative plan separately submitted, notice of which hearing shall be given by publishing notice thereof in the official organ of Chatham County, Georgia, at 1 1 1 76 -G least fifteen days before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the place and time at which the tentative texts and maps of the Zoning Regulations may be examined. For the purpose of its public hearing or, hearings the Board shall have the power to summon witnesses, administer oaths and compel the giving of testimony. If after such public hearings or hearings, the planning board in the light of development at such hearing or hearings, see. fit to make changes in its plan no further hearings shall be required. Acts 1946, Pages 194 -195. SECTION 5. After receiving the certification of a zoning plan from the Municipal Planning Board and before the promulgation of any zoning regulations, the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, shall hold a public hearing thereon, of, which notice shall be given by publication once a week for the two weeks immediately preceeding such hearing in the official organ of Chatham County, Georgia. quch notice shall state the place at which the text and maps as certified by the Planning Board may be examined. No change in or departure from the text or maps, as certified by the Planning Board, shall be made unless such changes or departure shall first be submitted to the Planning Board for its consideration and recommendation. The Planning Board shall have thirty days from and after such submission within which to send its report to the municipal governing authority, provided, however, that no approval, disapproval or suggestion of the Planning Board shall have more than advisory effect or shall in any wise bind the governing authority of the municipality. Acts 1946, Page 195. SECTION 6. The Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, may from time to time amend the number, shape, boundary or area of any district or districts dm any regulation of, or within such district of districts, or any other provisions of any zoning regulations, but no such amendment shall be made or bdoome effective until the same shall have been proposed by or. be first submitted for approval, disapproval or suggestions to the planning board. Any proposal, approval, disapproval dr suggestions of the planning board shall have advisory effect only and not be _binding on the said governing authority of the municipality, and, unless such planning board shall have transmitted its report upon the proposed amendment within thirty days after the submission thereof to it, the governing authority of the municipality shall be free to proceed to the ad :option of the amendment without further awaiting the receiptof the report of the planning board. Before finally adopting any such amendment, the governing authority of the municipality shall hold a public hearing thereon, notice of which shall be given once a week for two weeks in the official organ of the municipality. Acts 1946, Pages 195 -196. SECTION 7. The Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, in exercising the power conferred upon it by the Act of 1946 provides for a Board of Adjustment of three (3) members and for the manner of appointment thereof. None of the members of the Board shall be employees or officials of the municipality. The Mayor and Councilmen shall fix the terms of the members of such Board, .which term shall be of sufficient length and so arranged that the term of not more than one member shall expire each year. The Mayor and Councilmen of said municipality may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the said Mayor and Councilmen for the unexpired term. The said Mayor and Councilmen may appoint associate members of such Board and in the event that any member be temporarily unable. to act due to absence from the municipality, illness, interest in a case before the Board, or any other cause, his place may be ,taken during such temporary absence or disability by any associate member designated for the member. The governing authority of the municipality may specify and provide general rules to govern the organization, procedure and jurisdiction of such board of adjustment, which rules shall not be inconsistent with the provisions of the Act of 1946; and the Board of adjustment may_ adopt :supple-- rental rules of procedure, not inconsistent with the Act of P46 or such general rules. The board shall elect one of its members as chairman and shall appoint a secretary. The secretary may be an employee of the municipality. Meetings of the board shailbe held at the call of the chairman and at such other times as the board may determine. The members of such board shall nave the power to summon witnesses, administer oaths and compel the giving of testimony. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or of the member absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. 1 Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the municipality and also by any person or persons having a substantial interest in any decision of an administrative officer, or agency seeking to function under kuthority of or enforce any ordinance enacted pursuant to the Act of 1946. Such appeals shall be taken as provided by the rules of the board of adjustment and shall be evidenced by filing with the secretary a written notice of appeal specifying the grounds thereof, 1 - 76 -1 and what modification of its decision is sought. The officer or agency from whose decision the :real is taken shall forth- with transmit to the secretary of the board of adjustment all documents pertinent to the decision appealed from. The filings The filings of such app. 1 shall stay all proceedings in furtherance of the actions or decisions appealed from, until it shall be passed upon by the board of adjustment. 'After such decisions proceedings in conformity herewith shall not be further stayed except as hereinafter provided. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give such notice as it may deem, necessary to acquaint persons interested in the decision, as well as due notice to the parties to the appeal, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney at law. The board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged by appellant that there is an error in any order, requirement, decision or determination made by an administrative official or agency in the enforcement of the act of 1946 or of any regulation adopted pursuant thereto. 2. To authorize upon appeal in specific cases such variance from the terms of such regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforce- ment of the povisions of the regulations will result in great practical difficulties or unnecessary hardship, and so that the spi ±it of the regulation shall be observed and substantial justice done. 3. To permit in appropriate cases, in harmony with the general purposes and intent of such regulations, a building or premises to be erected or used for public utility or public service purposes in any location which is reasonably necessary for public convenience and welfare. In exercising the above mentioned powers such board may, in conformity with the provisions of the Act of 1946, reverse or affirm, wholly or partly or may modify the order, requirement, decisions or determination appealed from and may take such order, requirement, decision and determination as ought to be made, and to that end shall have all the .powers of the officer or agency from whom the appeal is taken. A majority of the board of adjustment shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. Any person or persons who may have a substantial interest in any decision of the board of adjustment, or any officer, board or bureau of said municipality, may appeal from any decision of the said board of adjustment to the Superior Court in and for the county in which such municipality lies by filing with the Clerk of the said Court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty days after the decision of the board of adjustment is rendered. Upon the filing of -such an appeal the Clerk of the Superior Court shall give immediate notice thereof to the secretary of the board of adjustment and within thirty days from the time of such notice the board of adjustment shall cause to be filed with the said Clerk a duly certified copy of the proceedinr_s had before the said board of adjustment, including a transcript of the evidence heard before it, if any, and the decision of °the said board. Thereafter at the next term of the Superior Court, or in vacation upon ten days' notice to the parties, the judge of such court shall proceed to hear and pass upon the said appeal. The findings of fact by the said Board of Adjustment shall be final and conclusive on such appeal. In determining the questions presented by the appeal the court shall determine only whether the decision of the board of adjustment is correct az a matter of law. Any party at interest who is aggrieved by the judgment rendered by the Superior Court upon such appeal may have the same reviewed by appeal in the same manner as now provided by law for fast bills of exceptions to other judgments, orders and decrees of the Superior Courts. The filing of an appeal tom. the Superior Court from any decision of the said board of adjustment shall not ipso facto act as a supersedeas, but a supersedeas may be granted byc :the court upon such terms and conditions as may seem reasonable and proper. In the event that the decision of the Board of Adjust- ments than be reversed by the Superior Court the said Board of Adjustments shallbe cast with the costs and the same shall be paid by the municipality. Acts 1946, Pages 196, 197, 198 and 199. SECTION 8. The lawful use of a building, or structure or the lawful use of .any land, as existing and lawful at the time of thelromulgation of zoning regulations, or in the case of an amendment of zoning regulations, then at the time of such amendment, may, except as hereinafter p'ovided, be continued although such does not conform with the provisions of such regulations or amendment, and such use may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The governing authority of such municipality may provide any zoning regulations for the restoration, reconstruction, extension or substitution of non - conforming uses upon such terms and conditions as maybe set forth in the zoning regulations. Such governing authority may in any zoning regulations provide for the termination of non- conforming uses shall be required to pease, or by providing a formula or formulae whereby the compulsory termination of non - conforming uses be so fixed as to allow for the recovery or amortization of the investment in the non - conformance. SECTION 9. The said Planning Board shall study the resources, .possibilities and needs of the municipality and shall prepare a master plan and maps for the systematic future development of the said municipality and from time to time in the manner hereinbefore provided make such recommendations to the governing authority as may be deemed advisable. Acts 1946, Pg. 200/ SECTION 10. The municipal Planning Board shall recommend to the governing authority of the municipality regulations to govern the subdivision of land in the several districts and zones of the county and after receiving shall adopt rules and regulations, but they shall not be bound to adopt any of the regu- lations recommended by the Planning Board. Before such regulations are adopted a public hearing with notice thereof given as provided in Section 5 hereof shall be,afforded. Acts 1946, Pg. 201. SECTION 11. After the adoption of such rules and regulations before any street or road isbepened or expended by private authority or before any new sub - division for residence, business or industry uSe is made, the lerson or persons provdsing to open or extend such streets or roads or make such new subdivisions shall submit a detailed plan of the same with such other data as may be required by such regula- tions to the Planning Board who shall carefully examine them with regard to their nature and purpose, the width, character and location of such streets, alleys and road in such subdivision and the size, material, location, grades and manner of laying of water mains and sewer lines and shall then transmit such plan with its recommendations thereon in writing to the governing authority of such municipality and this authority shall either approve or disapprove such plan. If it be disapproved the reasons for such disapproval shall be stated in writing and a reasonable opportunity given the applicant to meet such objections. It shall be unlawful to lay out or open any such street, alley, road or subdivision without the approval of the governing authority of the municipality of such plan shall be deemed an acceptance of the dedication shown thereon on behalf of the public, but shall not impose any county as -the municipality concerning maintenance or improvement. The method of appeal provided in Section 7 shall apply to appli- cations for approval of plans denied under this action. 76 -L SECTION 12. Any person, persons, firm or cprporation violating any of the p?ovisions of this ordinance, or of any regulations duly made under the authority of this said ordinance, u on conviction thereof, shall be fined, not tl exceed ONE HUNDRED (100.00) DOLL.RS, or imprisoned not to exceed thirty (30) days, either or both, or any portion of either or both, in the discretion of the court, End provided further that each day that any structure or land is used in violation of this ordinance shall constitute a separate offense. This penal provision shall be cumulative and shall not prevent the municipality from taking any other action against such person, persons, firm or corporation violating any portion of this ordinance or of any regulations duly made under the authority conferred hereby, which it may be authorized to do in accordance with the law. In any case in which any building or structure is, or is proposed to be erected, constructed, re- constructed, altered, maintained or used, or any land is or is proposed to be used in violation of this ordinance or of any regulation or amendment thereof, enacted, or adopted by this said municipality under the authority granted to it by the Acts of 1946, of the State of Georgia, the said officers of the municipality, the legal counsel of said municipality or any owner of real estate within the district in which such building, structure ce land is situated, amy, in addition to the other remedies provided by law, institute injunction, abatement or any other appropriate action or actions, proceeding or p'oceedings to prevent, enjoin, abate or remove such unlawful erection, construction, re- construction, alteration, maintenance or use. In case of contempt by any party, witness or other person before either the Planning Board of the Board of Adjustment, such board may certify such fact to the Superior Court of the county wherein such contempt occur and the judge of said court, either in term time or vacation after hearing, may punish such person as for a contempt of the Superior Court. Acts 1946, Page 202. SECTION 13. If any provision or provisions of this ordinance may be found unconstitutional or declared unconstitutional by any court for any reason, the same shall not affect other portions of this ordinance, and the Mayor and Councilmen declare t they would have adopted this ordinance if such unconstitutional part or parts had not been contained therein; such invalidity shall not affect any other portion or provision of this ordinance. SECTION 14. All ordinances, and parts of ordinances, in conflict herewith are hereby repealed. APPROVED AND PASSED THIS DAY OF FEBRUARY, 1951. C6uncilraan Brown moved that the following Ordin- ance-be adopted, Councilman peters seconded and the motion passed. AN ORDINANCE. 76-M AN ORDINANCE TO NAME MEMBERS OF TEE MUNICIPAL PLANNING BOARD; FIX THE T ERM OF OFFICE OF EACH METER; NAME THE_ MEMBERS OF THE BOARD OF ADJUSTMENT, AS WELL AS ASSOCIATE M_ EMBERS __ OF° SAID _BOARD; PRESCRIBE THE DURATION OF THE TERM OF EACH MEMBER AND ASSOCIATE MEMBER OF THE BOARD OF ADJUSTMENT; AS PROVIDED BY ORDINANCES HERETOFORE ADOPTED _AVID IN ACCORDANCE WITH THE .PROVISIONS OF THE ACTS ADOPTED . JANUARY 31, 1946; AND FOR OTHER PURPOSES. BE IT ORDAINED by the authority of the Mayor and Councilmen of the Town-of Savannah Beach, Tybee Island, Georgia, in Council assembled, and it is hereby ordained by authority of the same: SECTION 1. The Municipal Planning Board, of five members, created by an ordinance adopted by the Mayor and Cbinci men of the Town of Savannah Beach, Tybee Island, Georgia, in Council assembled, and it is hereby ordained by authority of the same; SECTION 1.. The Municipal Planning Board, of five members, created by an, ordinance adopted by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, and the Acts of 1946, is composed of the following members, to »wit: 1, JOSEPH J. HUTTON 2. JOHN M. BRENNAN 3, T. B. McCARROLL 4. DR. SAM ROSEN 5, JOHN L. STRONG SECTION 2, The terms of office of each of the above named members.of the Municipal Planning Board, set forth in Section 1, above, shall run concurrent with that of the Mayor and 'Councilmen of the Town of Savannah Beach, Tybee Island, Georgia; and the said terms of each of said members shall expire with the said expiration of the term of office of the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia. The Mayor and Councilmen elected at the next general election, as provided by law, shall appoint the new members of the Municipal Planning Board whose terms of office shall run concurrent with those of the Mayor and Councilmen so elected at the next and each succeeding general election. SECTION 3. The Board of Adjustment, of three members and three associate members, created by an ordinance adopted by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, and the Acts of 1946, is composed of the following members and associate members, and the terms of office of each of these respective members and associate members, appointed and named by this said ordinance, is one year, two years,- and three years, respectively, as shown and set forth opposite their names, to -wit; MEMBERS OF THE BOARD OF ADJUSTMENT ' TERM OP OFFICE 1. H.' SOL CLARK 2, FRANK. W. LEOPOLD 3, W. W. HENRY 3 years from date hereof 2 years from date hereof 1 year from date hereof 76 -N ASSOCIATE MEMBERS- OF THE BOARD OF TERM OF OFFICE ADJUSTMENT 1. J. P. MILLER 2, ABRO ROBINSON 3, R. E. VAN BUREN 3 years from date hereof 2 years from date hereof 1 year from date hereof SECTION 4. All ordinances, and parts of ordinances, in conflict herewith are hereby repealed. APPROVED AND PASSED THIS 8th day of February, 1951. There being no further business, Council adjourned, subject to the call of the Mayor. Mayor Savannah Beach, Tybee Island, Ga. March 5, 1951 The regular meeting. of Town Council was held to- day at 4 p M in the Council Room and was attended by Mayor Dutton, who presided, Councilman peters, Meddin, Hosti, Lovell, Smith, Town Attorney Solms, Mr. & Mrs. T. E. Fitzgibbon, Mr. & Mrs. Arthur payne, Chief McCutchen, Supt. Reed and Mr. Lang. Mr. & Mrs. Payne objected to the closing of a portion of Meddin Drive, contending that it would deprive them of an entrance to their property. Mr. Fitzgibbon stated that there were 13 lots on this drive way which is a raised drive that is supported by a concrete wall, having an entrance at both ends, that the other property owners have agreed to buy their portion, now it id a traffic hazard, and only one car can drive over it at a time. Mr. & Mrs. Payne and Mr. & Mrs. Fitzgibbon were excused. The minutes of the meeting of January 11th were read and adopted. !r. Reed stated the Campbell Avenue water main tying into the Ft. Screven line was completed and also that two additional fire plugs were installed, also that the small siren is now connected on the roof of the Fire Station.