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 ":
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( 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
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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
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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
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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):
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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
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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
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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
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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"