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HomeMy Public PortalAbout19720112SCMeeting1 Savannah Beach, Georgia January 12, 1972 A Special Meeting of Council was held at 7:00 P.M. this evening for the following purposes: 1. Adopting a Resolution authorizing the Mayor to borrow the sum of $19,250.00 from Savannah Bank and Trust Company at the prevailing rate of interest,,for the purpose of making the first annual payment of principal and interest on the Tybrisa property which was purchased by the City on December 31, 1972. 2. Authorizing the Mayor to enter into Agreement with the Commissioners of Chatham County whereby the City of Savannah Beach will proceed with the construction of sewage colledtion and treat- ment facilities as directed by the Court in accordance with the schedule for the construction of such facility as approved by the State Water Quality Control Board of the State of Georgia and Chatham County will levy a tax under its taxing powers as set forth in the Constitution of the State of Georgis so that it will provide funds from which shall be paid to the City of Savannah Beach in consideration of the performance by the City of its obligations undertaken herein, the sum of Sixty Thousand and no /100 Dollars ($60,000.00) annually through the year 1996. Mayor M. J. Counihan presided at the meeting and the following Councilmen were present& Edward Jung, James Stettler, Robert Cary, Edward Towns, Perry A. Zittrauer, Jr. and George Schwarz. City Attorney Bart Shea was also present at the Meeting. Councilman Cary stated that the first annual payment of principal and interest on the purchase of the Tybrisa property was now . due and that this payment amounted to $19,250.00. He stated further that in order to make this payment it would be necessary to secure a loan at the Bank. He then requested that the follow- ing Resolution, giving this authority to the Mayor, be read: R E S O L U T I O N Following the reading of the Resolution, Councilman Cary moved its adoption. The motion was seconded by Councilman Jung and unanimously approved. City Attorney Bart Shea informed Council that approval of our plans for the construction of the new sewage treatment facilities and the construction permit for these facilities had now been received from the State Water Quality Control Board and we were now ready to enter into an agreement and contract with the Commissioners of Chatham County. He then read the following Agreement and Exhibit "A ": 31 32 ( Capy Contract and Exhibit "A")^ City Attorney Shea stated that the engineering report showed that the City's share of constructing the sewage facilities will be approximately $1,330,000.00. He also called attention to the fact that approximately sixty or seventy thousand dollar8 would be needed to set aside and amortize the outstanding water revenue bonds which mature in 1980. He further said that it would be necessary for the City to issue $1,400,000 in Revenue Bonds. Councilman Stettler made a motion that the Mayor be authorized to execute this contract and agreement with the County on be- half of the City. Councilman Zittrauer seconded the motion. The motion was unanimously passed. There being no further business the meeting was adjourned subject to the call of the Mayor. MAYOR CLERK OF COUNCIL 1 1 A RESOLUTION WHEREAS, the City of Savannah Beach did on the 31st day of December, 1970, consumate and close the purchase of property lying generally between 15th and 16th Streets and between Butler Avenue and the Beach, from Tybrisa Company feeling it would be for the best interests of all of the citizens and taxpayers of Savannah Beach, as well as the many thousands of visitors who annually come to Savannah Beach, for the Municipality to purchase said property; and WHEREAS, the City of Savannah Beach, did on the 31st day of December, 1970, also consumate and close the purchase of property from Dr. and Mrs. Robert Oliver, and Mrs. Clint McDade located in Ocean Park, Bay Ward, City of Savannah Beach, said purchases amounting to $5,280 and $2,500 respectively, said land to be used by the Municipality for future expansion of its sewerage treatment plant; and WHEREAS, the first annual payment of principal and interest due by the Municipality amounting to the sum of $19,250.00 was inadvertently omitted and not included within the budget of the Municipality for the current fiscal year's operations of the City and the Mayor and Councilmen need authorization to borrow such sum of $19,250.00 at the pre- vailing rate of interest for the purpose of funding the required $19,250.00 payment due on such property purchased by the Municipality; NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the authority of same as follows: 1. That the City of Savannah Beach, be authorized to borrow from the Savannah Bank and Trust Company of Savannah the sum of $19,250.00 at the prevailing rate of interest for purposes of funding the payment on said property purchased by the Municipality. 2. BE IT FURTHER RESOLVED that any two of the following officers of the Municipality, to wit: Mayor, Finance Officer and Treasurer be authorized to enter into said contract negotiations with the Savannah Bank and Trust Company of Savannah, Georgia, and to execute the note and contract for and on behalf of the City of Savannah Beach, as had all members of the City Council signed individually and that the following are the names of the persons holding the positions set out above: Mayor Clerk of Council or Treasurer Finance Chairman M. J. Counihan E. M. Patterson Edward Jung • 3. BE IT FURTHER RESOLVED, that a copy of this Resolution be spread upon the minutes of Council and a further copy be furnished to the Savannah Bank and Trust Company of Savannah, Georgia. ADOPTED AND APPROVED by the Mayor and Council of the City of Savannah Beach, Tybee Island, Georgia, in Council assembled on January 12, 1972. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA By ATTEST: Mayor Clerk of Council 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) IN THE COMMISSIONERS' COURT THIS AGREEMENT made and entered as of Janudry , 1972, by and between Chatham County, a political subdivision of the State of Georgia, hereinafter referred to in this Agreement as "COUNTY' and the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, a municipal corporation organized and existing under the laws of the State of Georgia, hereinafter referred to in this Agreement as "CITY "; :'W I T N E S S E T H: WHEREAS, it is necessary and desirable in the interest of health and the welfare of all people of this County that the Creeks, Streams and Rivers and all bodies of water lying within the confines and adjacent to the boundaries of said Chatham County be free and clear of all pollution, contamination, and especially free of sani- tary waste, which has not been properly treated; and WHEREAS, the City and County are authorized by law to provide health and sanitation programs for the citizens of its communities; and WHEREAS, upon Petition of the Town of Veronburg and numerous citizens and taxpayers of said County, the Judge of the Superior Court of Chatham County by order dated October 19, 1971, directed that the parties hereto and the Metropolitan Planning Commission of said County impose upon all construction the obligation to convey its waste to an appropriate disposal facility or to otherwise meet the requirements of the State Water Quality Control Board of the State of Georgia and that the parties hereto and other municipalities within said County pro tde the necessary facilities to abate water pollution and tQZ treat sanitary waste; and WHEREAS, it is necessary to finance such pollution abatement programs, sanitary sewage plants and facilities, and other necessary appurtenances thereto consisting of trunk line sewers and collection systems for the purpose of collecting, treating and discharging sanitary sewage waste materials in a manner consistent with the regulations and provisions of the State Water Quality Control Board of the State of Georgia and the provisions of the Department of Public Health of State of Georgia and to meet construction schedules as ordered by the Court and the State Water Quality Control Board of the State of Georgia; and WHEREAS, the Constitution of the State of Georgia, provides that Cities and Counties of this State may contract for any period not exceeding fifty years, with each other for the benefit of such subdivions as provided in Article VII, Section VI, Paragraph I, (a) and (b) ; (Code Ann. S 2-5901): 1 1 1 NOW, THEREFORE, for and in consideration of the mutual convenants and agreements hereunto flowing between the County and the City and for the purposes hereinbefore set forth, the County and the City do hereby mutually covenant. °_and agree as follows, to wit: 1. The City will proceed with the construction of sewage collection and treatment facilities as directed by the Court in accordance with the schedule for the construction of such facility as approved by the State Water Quality Control Board of the State of Georgia and in accordance with the standards and specifications of said Board. A copy of the "Status Report" of the City dated January 10, 1972 is marked Exhibit "A" and is hereto attached and made a part of this Agreement. 2. The County will levy a tax under its taxing powers as set forth in the Constitution of the State of Georgia, Article VII, Section VI, Paragraph I, (Ga. Code Ann. S 2 -5701) and laws of the State of Georgia relating thereto, which said tax shall be levied under the general taxing powers of the County so that it will provide funds from which shall be paid to the City in consideration of the performancd by the City of its obligations undertaken herein, the sum of Sixty Thousand and no /100 Dollars (60,000.00) annually through the year 1966. 3. In consideration of the payment of the sum of money provided for in Paragraph 2, above, the City shall provide facili- ties for the treatment of sanitary sewage waste to abate pollution in the creeks, streams, rivers and bodies of water lying within the confines of and adjacent to the boundaries of Chatham County in accordance with the standards and specifications of the State Water Quality Control Board of the State of Georgia, and the City may pledge the amount to be paid by the County under this contract to pay principal and interest of any issue of water and sewer revenue bonds issued by the City to pay for the construction of such facilities. 4. It is further agreed that upon completion of the construction of such sewage treatment facilities as hereinabove provided, there will be established by the County performance con- trols as necessary to insure that the treatment of sewage meets the standards of the State Water Quality Control Board of the State of Georgia and other agencies legally empowered to establish such standards, and the necessary supervision will be exercised over the operation of said sewage treatment facilities to insure that such standards are met and maintained. 5. In the event that the City shall fail to operate said sanitary sewage treatment facilities in accordance with the standards established or standards hereinafter established by the State Water Quality Control Board of the State of Georgia and such failure to meet said standards shall be confirmed and verified by the State Water Quality Control Board of tithe State of Georgia or other 1 1 1 appropriate agency legally empowered to establish said standards, then the County shall have the right by mandamus, specific per- formance, or otherwise to compel and require performance by the City of its obligations undertaken herein order to bring the operation of said facility or facilities up to the said quality control standards of the State Water Quality Control Board of the State of Georgia. 6. The existing primary sewage treatmrnt plant located at Polk and Bay Streets shall be abandoned, and a new activated sludge type treatment plant will be build on a 631 acre tract adjacent to the current primary treatment plant, and such facility shall be adequate to meet sewage treatment requirements of a population of 10,000 people. Such sewage treatment facilities are to be completed and sehbdules for construction of the same are to be concluded in accordance with requirements of the State Water Quality Control Board of the State of Georgia and the permit issued by Said Board to said City dated December 31, 1971. 7. The sewage treatment services to be provided by the facilities herein established shall be in accordance with the master plan for Chatham County as proposed, and as it may hereafter be modified and amended, by the Chatham County - Savannah Metropolitan Planning Commission, and the economic feasibilty of extending such sewage treatment service shall be determined by the parties hereto on the basis of the best information and professional recommendations available to them. The last revision of the Metropolitan Planning Commission Report was updated June, 1971, and the reference thereto is incorporated herein. S. The Cityrwill consider the providing of domestic water an integral part of the sewage collection and treatment pperation and metered or billed charges made to users will include the cost of providing water, the cost of collectingal transporting sewage to the sewage treatment facilities herein provided for and the cost of such treatment and the disposal of the effluent; provided, however, that in addition to such "User" charges, all or a portion of the initial cost of providing the necessary systemp, lines and connections from the point of origin of sewage to be collected, transported and treated may be provided for by a non - recurring connection fee to be assessed against the new users or connections to the system, said fee to be determined by the City. 9. In the establishment of "user" Charges for water and sewage, the City shall make such charges and set rates in accordance with the covenants contained in the resolutions adopted, or hereafter to be adopted, for the issuance of Revenue Bonds payable from the income of the system. Such "user" charges shall be sufficient to bear the costs described herein, but in no event shall such charges be more than 11 times the charge made to users of the system within the City limits of the City of Savannah Beach. A copy of the "water and sewer" Ordinances enacted by the Mayor and Councilmen 1 1 of the City of Savannah Beach, on March 10, 1971 and as amended on September 22, 1971, designated Exhibit "B" and "C" respectively is hereto attached and made a part of this Agreement. 10. The City agrees to keep accurate records of all charges and collections for user sewage and water services, as well as charges and collections for the connections or other services related thereto and the City agrees to keep accurate records of disbursements of expenses for the contruction of sanitary sewage treatment plants, improvements to existing plants, construction of trunk lines, lift stations and all other appurtenances thereto as well as all costs of operation, maintenance and other expenses of these facilities. The County shall have the right to inpsect and audit these records at regular intervals not less than every six (6) months, should the County elect to do so. 11. It is mutually agreed and understood by both parties hereto that a single county -wide water and sewer system would provide the best vehicle for meeting the environmental needs of the County as a whole including all municipalities therein, and to this end both parties agree that they will work together and cooperate in good faith to bring about the establishment of such a system. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate originals as of the date hereinbefore set forth by their duly authorized officers, and the seals affixed hereto. On January , 1972 CHATHAM COUNTY ATTEST: On January , 1972 ATTEST: Chairman, Commissioners of Chatham County and Ex- Officio Judges thereof Clerk THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH BEA TYBEE ISLAND By t=•or Clerk of Council 1 1 Plans and Sperifications for the construction of a Sewage Treatment Plant, Five sewage pumpftgcgstations, Force Mains, and an Outfall sewer to the River were submitted to the State Water Quality Control Board on October 18, 1971. These plans were approved and a Permit to construct them was issued by the State Water Quality Con- trol Board on December 31, 1971. The estimated cost of this project is: Conttruttion Cost $969,000 Engineering 6% 58,000 Resident Inspection 12,000 Operating Manual and Start Up 4,000 Legal and Fiscal 10,000 Interest during construction 30,000 Administrative 5,000 Contingency 10% 109,000 TOTAL $4197,000 PL -660 Grant 33% 395,000 Cost to City 802,000 After the sewage treatment plant is under construction, the City must improve its collection system. This work is estimated to cost $700,000, and will be eligible for a Grant from H.U.D. of $172,000. So the net cost of this work to the City will be $582,000. Therefore the City's share of constructing the sewage facilities will be approximately $1,330,000. DATED: January 10, 1972 EXHIBIT "A"