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HomeMy Public PortalAbout19730312SCMeeting1 1 1 45 Savannah Beach, Georgia March 12, 1973 A Special Called Meeting of City Council was held this evening at City Hall for the following purposes: (1) To consider the purchase of automatic parking devices for the Sixteenth Street Lot. (2) To adopt a Resolution concerning Phase II of our Pollution Abatement Program. (3) To adopt a new Ordinance on Fire Limits on first reading. (4) To adopt an Abandoned Car Ordinance on Second Reading. The Meeting was presided over by Mayor Allen Hendrix and a quorum consisting of the following Councilmen was present: Edward Towns, Walter Parker and Ernest Hosti. City Attorney Bart Shea was also present. Mayor Hendrix explained the need for converting our Sixteenth Street Parking Lot to automatic equipment. He also gave the amount of the bids that have been received to furnish the City with this equipment. Councilman Parker then made a motion that the City purchase this equipment and have it installed in time for the opening of the summer season. The motion was seconded by Councilman Ernest Hosti and unanimously carried. It was explained by Councilman Parker that in order to put this automatic parking equipment into effect, it was necessary to amend our Traffic Ordinance to change the flow of the traffic on Eighteenth Street from a westerly direction, to an easterly direction; and also change the flow of the traffic on Sixteenth Street from the present one -way in an easterly direction to one -way in a westerly direction. Also, to change the flow of the traffic on the Strand between Sixteenth Street and Eighteenth Street from its present southerly direction to a northerly direction and remove all parking meters from both sides of this street. He then moved that out Traffic Ordinance be amended accordingly on first reading. This motion was seconded by Councilman Hosti and unanimously carried on first reading. The Clerk read a letter from Mr. Meredith of the Environmental Protection Agency, a division of the State Department of Natural Resources which was addressed to Mr. Porche of the Federal Environ- mental Protection Agency, approving a second grant to cover Phase II of our Pollution Abatement Program which is the Interceptor and 46 Pumping Stations. He told Council that the next step was for Council to instruct our Engineers, Thomas & Hutton, to proceed with the final plans of the Project. Councilman Parker moved that the Clerk be requested to instruct Thomas & Hutton to proceed with the final plans for Phase II of our Project consisting of lift stations and an Interceptor running along Fourth Avenue. The motion was seconded by Councilman Hosti and unanimously approved. Councilman Parker also stated that, in addition to instructing Thomas & Hutton to proceed with the final plans for Phase II of our Project for Pollution Abatement, it was necessary that Mayor Hendrix be named the official representative of the City of Savannah Beach for all required legal actions concerning the proposed project and moved that the following Resolution be adopted: R E S O L U T I O N The motion was seconded by Councilman Towns and unanimously carried. Council was informed by Fire Chief Johnny Solomon that, in the adoption of a new Zoning Ordinance and a new Building Ordinance, it left the status of our Fire Limits Ordinance in doubt. He, therefore, presented a new Fire Limits Ordinance for Council's consideration and adoption if they saw fit. Councilman Parker moved that this new Fire Limits Ordinance be adopted on first reading. His motion was seconded by Councilman Towns and unanimously carried on first reading. Councilman Hosti requested the second reading of an Ordinance regarding abandoned vehicles. City Attorney Shea stated that he had an Ordinance prepared that in no way resembled the Ordinance read for the first time at the last Council meeting, explaining that the Ordinance as adopted on first reading only required that a decal be issued and feeling that it was the intent of Council to enact an Ordinance to give it authority to get rid of these vehicles, he had received a copy of the State Law concerning abandoned vehicles and had tracked the language in this law in writing this ordinance. After some discussion as to the merits of both of these ordinances, Counselor Shea recommended that Council consider adopting the first ordinance on second reading and then, by unanimous consent, adopt the second ordinance on first and second reading at this meeting, explaining that one could be supplemental to the other one. Then, he said, Council could travel in either direction. Councilman Hosti then moved that the first abandoned car ordinance which was adopted on first reading at the regular council meeting on February 21st be adopted on second reading at this meeting. This motion was seconded by Councilman Parker and unanimously carried. O R D I N A N C E 1 1 1 1 1 Councilman Hosti then moved that, by unanimous consent, the ordinance- pertaining to the procedure for the removal and sale of abandoned motor vehicles within the municipality be adopted on first and second reading at this meeting and that the provisions of this Ordinance shall be cumulative and in addition to the provisions of the Abandoned Car. Ordinance just adopted. This motion was seconded by Councilman Towns and unanimously carried. O R D I N A N C E There being no further business, the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL MAYOR 48 1 1 A RESOLUTION WHEREAS, the City of Savannah Beach proposes to construct a project for the abatement of pollution, consisting of a sewage pumping and interceptor system, and whereas the proposed project may be eligible for Federal Grant assistance: NOW THEREFORE, be it resolved by the Mayor and Council of the City of Savannah Beach to make an Application to the Environmental Protection Agency for a Grant provided for by Public Law 84 -660 and successor programs, to accept the offer of the Agency, if tendered, and to comply with all requirements of said offer. BE IT FURTHER RESOLVED that William Allen Hendrix, Mayor, will be the representative of the City of Savannah Beach for all required offered actions concerning the proposed project. Read and passed by a quorum of the City Council 12th day of March , 1973 Attest: E. M. Patterson Clerk of Council Mayor and Council of the CITY OF SAVANNAH BEACH, GEORGIA MAYOR By: (SEAL) 1 1 1 ORDINANCE AN ORDINANCE BY THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA IN COUNCIL DULY ASSEMBLED, PERTAINING TO ABANDONED MOTOR VEHICLES AND /OR TRAILERS SO AS TO PROVIDE FOR DEFINITIONS OF AN ABANDONED MOTOR VEHICLE; TO PROVIDE FOR THE DUTY OF PERSONS REMOVING AND STORING SUCH VEHICLES; TO PROVIDE WHO MAY BE AUTHORIZED TO REMOVE VEHICLES FROM PUBLIC OR PRIVATE PROPERTY; TO PROVIDE THAT THE PERSON REMOVING SUCH VEHICLES SHALL BE LIABLE FOR GROSS NEGLIGENCE ONLY; TO PROVIDE FOR A LIEN FOR THE REMOVAL AND STORAGE OF SUCH VEHICLES; TO PROVIDE FOR NOTICE OF SUCH REMOVAL; TO PROVIDE FOR THE METHOD OF SALE THEREOF; TO PROVIDE FOR OBTAINING A CERTIFICATE OF TITLE THERETO; TO PROVIDE FOR THE METHOD AND PROCEDURE OR NOTICE OF SALE OF SUCH VEHICLES; TO PROVIDE FOR THE RIGHT OF REJECTION OF BIDS; TO PROVIDE FOR THE DEDUCTION OF ALL COSTS AND EXPENSES INCURRED IN CONNECTION WITH SUCH SALES; TO PROVIDE FOR THE FILING OF REPORTS OF SUCH SALES; TO PROVIDE FOR THE DISTRIBUTION OF PROCEEDS OF SUCH SALES; TO PROVIDE THAT ANY ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in Council duly assembled this /27e day of March, 1973, and it is hereby ordained by the authority thereof as follows: 1. "Abandoned motor vehicle" defined. For the purposes of this Ordinance, an "abandoned motor vehicle" shall mean a motor vehicle and /or trailer within the municipality: (a) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 60 days after the time agreed upon and within 60 days after such vehicle is turned over to such dealer, repairman or wrecker service when no time is agreed upon, or within. 60 days after the completion of necessary repairs. (b) Which is left unattended on a public street, road or highway or other public or private property within the municipality for a period of at least 10 days. (c) Which has been lawfully towed on the property of another within the municipality at the written request of a law enforcement officer and left there for a period of not less than 60 days without anyone having made claim thereto. 2. Duty of persons removing and storing vehicles to diligently seek owner. The person removing and storing such vehicle shall diligently seek the identity of the owner and shall notify such owner of the vehicle. If the owner cannot be ascertained, the person impounding the vehicle shall advertize in a newspaper of general circulation in the county where the vehicle was obtained a complete description of the vehicle and shall furnish in writing a complete description of the vehicle, including its serial and license numbers, to the Department of Public Safety. Upon a person removing and storing a vehicle without making a good faith effort to ascertain and notify the owner, the said person shall not be entitled to expenses for removal and storage. 3. Peace officers authorized to remove vehicles from •ublic and .rivate .ro.erty; liabilit for :ross negligence; lien for removal and storage; notice. (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway or other public property, or private property, for a period of at least 10 days, shall be authorized to cause such motor vehicle to be removed to the nearest garage or other place of safety. (b) Any peace officer who, under the provisions of this section, causes any notor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only, and any person removing such vehicle or other property at the direction of a peace officer in accordance with the provisions of this section, shall have a lien on such motor vehicle for a reasonable fee for such removal and for storage of such motor vehicle. (c) Any peace officer who, under the provisions of this section, causes the removal of any motor vehicle to a garage or other place of safety, shall, within five days, give written notice of such removal, which notice shall include a complete description of the motor vehicle serial number and license number thereof: Provided such information is available, to both the State Department of Revenue and the Department of Public Safety. 4. Method of sale; title. Any automobile dealer, wrecker service or repair service owner, or any person or firm on whose property a motor vehicle is lawfully towed at the written request of a law enforce- ment officer, who shall have an abandoned motor vehicle on his property, may sell the same at public auction. Upon payment of the sales price, the purchaser shall be entitled to and the person making such sale shall issue to him a bill of sale to such abandoned motor vehicle, free and clear of all liens and encumbrances. Any such purchaser may obtain a certificate of title to any such motor vehicle so purchased by filing the prescribed application, accompanied by a certified copy of the bill of sale, and the payment of the lawful fees therefor, and upon compliance with such requirements by such purchaser, the State Revenue Commissioner may issue such certificate of title. Such new certificate of title shall be free and clear of all claims of former owners and lienholders. 1 1 1 1 1 1 5. Notice of sale. Notice by registered mail at least 20 days prior to the date of sale shall be sent to the person or legal entity • in whose name the vehicle is registered and to all persons claiming a lien on such vehicle as shown by the records of the State Department of Revenue of Georgia or with corresponding agencies of any other State. In addition, notice of the time and place of such sale shall be given by publication of such notice once a week for two successive weeks in a newspaper of general circulation, published in the county in which such automobile dealer, wrecker service or repair service owner has its fixed place of business, or in the county where such vehicle was lawfully towed at the written request of a law enforcement officer, or where a person shall have such abandoned motor vehicle on his property. The first publication or posting, as the case may be, shall be at least 20 days before the sale. The notice shall include a complete description of the vehicle and the date and place the vehicle was found or taken into possession. 6. Rejection of bids; continuance of sale. The person making the sale shall have the right to reject any and all bids if the amount of the bid be unreasonably low, and shall have the right to continue the sale from time to time if no bidders are present. 7. Costs and expenses; report of sale. (a) The person making the sale shall deduct from the proceeds of such sale the reasonable cost of repair, towing and storage and all expenses incurred in connection with such sale, and pay the balance remaining to the clerk of the superior court of the county in which such sale is made: Provided, however, that such costs shall in no event exceed the customary charges for like services in the community where the sale is made. (b) The person making such sale shall promptly file with the clerk of the superior court of the county in which such sale is made, a report of the sale, showing the date such abandoned automobile first came into his possession or was abandoned on his premises, the name of the newspaper in which notice of sale was published and the dates of such publication, the time and place of the sale, the amount for which the abandoned motor vehicle was sold, the amounts deducted from such sales price for repair, towing, storage expenses, expense of publication of notice of sale, and the amount paid over to the clerk of the superior court. Such report shall contain a statement by the person making such sale, certifying to the correctness of such report under oath. 8. Proceeds of sale. The clerk of the superior court shall retain the remaining balance of the proceeds of such sale for a period of 12 months, and if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he shall pay such remaining balance as follows: (a) If the abandoned motor vehicle came into the possession of the person making such sale other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general funds of the county in which the sale was made and into the general funds of the munici- pality in which the sale was made. (b) If the abandoned motor vehicle came into the possession of the person making such sale at the written request of a police officer of the municipality, the proceeds of the sale shall be paid into the general funds of the municipality. 9. All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed. ADOPTED in open Council meeting this 12th March, 1973. (SEAL) day of 1 CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA By Mayor Attest: First reading: March 12, 1973 Second reading: March 12, 1973 Enacted: Marchl2 , 1973 City Clerk 1 1 1 1 AN ORDINANCE AN ORDINANCE TO REQUIRE THE OWNER OF AN ABANDONED MOTOR VEHICLE, WHETHER OPERATIVE OR INOPERATIVE, TO HAVE A DECAL; TO PROVIDE FOR THE PROCEDURES CONNECTED THEREWITH; TO PROVIDE FOR CERTAIN EXCEPTIONS THEREOF; TO PROVIDE FOR PENALTIES FOR THE VIOLATION OF THIS SAID ORDINANCE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in council duly assembled, and it is hereby ordained by the authority thereof this 12th day of March, 1973 as follows: 1. Permit and Decal Required. Every person, firm or corporation which owns an'hbandoned motor vehicle" as same is hereinafter defined and which is located within the corporate limits of the City of Savannah Beach, Tybee Island, Georgia, shall obtain from the office of the City Clerk of the municipality a permit and decal for the possession of said abandoned motor vehicle. 2. Application and Information Required. Said owner of said abandoned motor vehicle shall furnish on an application the following information, to wit: (a) Make of the abandoned motor vehicle (b) Manufacturer of said motor vehicle (c) Location of said motor vehicle (d) Proof of payment of all applicable taxes, municipal and county 3. Definitions. (a) Abandoned shall be defined as follows: Any motor vehicle parked on private property and which does not have affixed thereto a valid, current state motor vehicle tag. (b) Motor Vehicle shall be defined as follows: Every vehicle which is self - propelled, whether operative or inoperative. 4. Registration and Fee. The owners of abandoned motor vehicles must register said motor vehicle as hereinbefore set forth, and shall pay to the City Clerk of the municipality the sum of $10.00 for issuance of the permit and decal annually. 5. Decal. The City Clerk of the City of Savannah Beach, Tybee Island, Georgia shall issue a permit and decal for each motor vehicle, bearing the serial number of said motor vehicle, location and date of issue, provided all applicable taxes have been paid. Application for said permit and decal shall be made each year by the owner thereof no later than May 15th each year. The decal issued shall be in color, and affixed to the abandoned motor vehicle in such manner as to cause it to be easily visible for inspection. 6. Exceptions. The foregoing Ordinance shall not apply to farm vehicles, or vehicles in an enclosed building, or those located on the property of a regularly licensed junkyard. 7. Penalty. Any person, firm or corporation violating the provisions of this Ordinance shall be subject to any or all of the penalties and punishment as prescribed by Section 1 -8 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia. 8. Repeal. All Ordinances or parts of Ordinances in conflict with this act are hereby repealed. ADOPTED in open Council this 12th day of March 1973. 1 CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA Mayor Attest: City Clerk (SEAL) First reading: February 21, 1973 Second reading: March 12, 1973 Enacted: March 12, 1973 1 1