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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
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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
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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
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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)
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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.
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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
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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
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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.
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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
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