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Savannah Beach, Georgia
June 16, 1975
The Regular Monthly Meeting of Savannah Beach City
Council was held this evening at 7:00 P.M. with Mayor Michael J.
Counihan presiding and a quorum consisting of the following
Councilmen present: Ernest Hosti, John Wylly, Richard DeLoach,
Joseph Agnew, James Bond. Councilman Edward Fahey was absent from
the meeting. Also present at the meeting was City Attorney
William H. Pinson, Jr.
Prior to opening the meeting, Mayor Counihan announced
a change in the procedure for petitioners appearing before Council.
He stated that anyone desiring to appear before Council would do
so prior to the meeting being opened for the regular business to
be handled.
The first petitioner to request time at this evenings
meeting was Mr. Nick C. Alexander. Mr. Alexander's complaint
to Council was to request the City to provide more parking space
in the front for the visitors, which was inadequate at the present
time. He suggested that the front section of the City owned
property be utilized for this purpose. Also, that this same property
be cut up into parcels and sold to individuals. He said he would
be interested in purchasing a part of it himself. Mr. Alexander
also added that if the City was to sell all of this land without
releasing enough land to join the two parking lots and fifteen
years from now they decided to buy enough of it back for this
purpose, it would cost them a fortune. Councilman Wylly answered
this by stating that, in his opinion, the highest and best use of
this ocean front property was not "parking automobiles ". He stated
that he felt this land should be developed and cars parked somewhere
farther back. Mr. Alexander closed by stating that he hoped Council
would give some consideration to his proposal.
Mrs. Julian Kelly appeared before Council to complain
about parking meters, yellow lines and the speed limits on Butler
Avenue. Mayor Counihan stated that he would get back with Mr.
McKenzie of the State Highway Department in Jesup on the Butler
Avenue speed limits and referred Mrs. Kelly to Councilman Fahey
regarding the yellow lines and parking meters.
Mr. Bob Williams appeared before Council with a petition
which he stated contained 235 names, requesting a public hearing
on the budget recently adopted by City Council°. He then read the
following:
"We the undersigned, being residents and taxpayers
of Savannah Beach, Tybee Island, 'Georgia, demand that
the Mayor and Aldermen grant a full and . detailed
public hearing for an explanation of the 1975 -76
City Budget ".
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Mr. Williams continued stating that he had gotten 235
names on this petition which he stated should show sufficient
interest by the people of Savannah Beach and that the Mayor and
Council will provide this public hearing.
Councilman Joseph Agnew reiterated a statement made
at the May Council Meeting stating that he would be willing to
meet with this group anytime and explain the budget to them.
Mr. Williams stated that they did not feel that Mr. Agnew could
answer all of their questions and they would like to discuss
this budget at a public meeting with all Councilmen present.
There was no further response from Council on this matter.
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Mr. Williams stated that he had another matter to bring
to the attention of Council. He then read a petition which he
stated was signed by Robert A. Wall, T. S. Chu, Ted Voight,
William Reynolds and Robert Williams in which petition it was requested
that an Ordinance enacted on April 28, 1975, providing for a special
tax for the collection and disposal of garbage be repealed due to
the fact that the charter authority used for the enactment of this
Ordinance called for a special tax or an increase in the millage
rate up to 10 mills based on the real property assessment; whereas,
the Ordinance as presently written, places a charge on residences
and certain types of businesses. In his petition, Mr. Williams
listed other reasons for requesting the repeal of this Ordinance
such as the inequities in the different charges for various businesses,
the manner of billing, enforcements, etc. When questioned about
the legality of the manner in which this garbage charge was imposed,
City Attorney Pinson stated that this feature of the Ordinance had
already been discussed with Council and that their aim was to give
the taxpayer the advantage, of a tax deduction.. He agreed that it
would be better from a legal standpoint to amend the Ordinance
and refer to Section 66 (gg) of the Charter; After a further
discussion on this, the Clerk was requested to read a letter written
to the Mayor and Council by the City Attorney giving them his
opinions on the various objections raised by Mr. Williams. The
letter was as follows:
Dear Mayor and Council:
It has come to my attention that there is at the present time
a very great possibility that a group of local citizens will
attempt through legal action to have our recently enacted garbage
tax stricken. I have conferred with each of you concerning
this matter and I simply wish once again to confirm what I have
previously told you orally..'. The ordinance as enacted was enacted
pursuant to section 39 of the Charter which allows the City to
assess a tax for the collection and disposal of garbage not to
exceed a total of a maximum of ten mils and further provided that
the amounts collected shall be applied exclusively to the collection
and disposal of garbage within the City Limits. When we prepared
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this ordinance, it was done for the purpose of hopefully granting
to those who would have to pay this tax, a tax benefit on the
Internal Revenue Tax forms. In other words, unless the IRS
disallows this tax, those who are responsible for paying it should
be able to deduct it on their federal returns. However, it does
present problems of a legal nature dealing with unequal taxation.
Our ordinance does tax various establishments at different rates
and therefore it is subject to attack as an unequal tax. I am hopeful
that we will be able to show a legitimate purpose for this taxation.
However, I do feel it important to point out that at any rate,
the City does have the power to assess a charge, if not a tax,
for the collection of garbage. Specific authorization for this'
also comes from the Charter, section 66 (gg) which provides
that charges can be imposed by the city to cover the cost of the
services for the collection and disposal of garbage which if
unpaid shall constitute a lien against any property of the person
served. From a legal standpoint, it would be much easier to
defend an ordinance which provides for a charge rather than
a tax and it would be easier to defend an ordinance enacted pursuant
to section 66 rather than section 39. However, I do understand
your reasons for wanting the ordinance as we have adopted it
and if we are forced to, I will be prepared to defend the ordinance.
In closing, it appears to me that the City can legally assess
for the collection of garbage. If some citizens are successful
in striking the ordinance as it now exist, City Council can
simply enact a new ordinance pursuant to section 66 and therefore,
the only effect of any legal action by the citizens would be to
negate any tax advantage they may have through the ordinance as
it now stands.
Following the reading of this letter, Mr. Williams then
stated that it was clear that an error had been made in the enact-
ment of this Ordinance and that it was a challenge to him to see
what kind of people we had in our governing body - to see if
Council would admit that a mistake had been made and go ahead
and change the Ordinance so that it would be legally correct.
Miss Barbara Hoffman appeared before Council to request
them to ask the State Department of Natural Resources to impose
a 1000 yard limitation on shrimp boats and other motor boats in
the public bathing area.
Mayor Counihan then introduced Mr. Mike Cornett of the
U. S. Department Of Agriculture, Soil Conservation Service who
was heading a study being made at the present time in an effort
to determine what steps can be taken to give relief to the residents
at the ends of the cross streets in the area of the sea wall who
were suffering from flooding and water damage following very hard
rains without disturbing the sand dunes.
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"Mr. Cornett stated that at this stage they have come out and done
some preliminary survey work on the end of the roads to see how
much difference there is in elevation between the low spot on the
back side of the dune and the beach level and then of course
taking the dune in the middle to see how much build up there is.
They are at this point stopped for one reason, which is to find
out how much sand is to be added by the Corps of Engineers. He
feels there are two (2) real alternatives which are as follows:
1. Put in some type of drainage culvert through the dune
to the beach to drain that way.
2. Start at the low end and put in some type of a storm
drain system that would drain back to Butler Ave. and
tie in with the system we already have.
As soon as they get the information from the Corps on the amount
of sand they will be adding, they will know which course of action
to take.
Mike then stated that he agreed that we need to relieve the land
owners of this emergency problem. He suggested that the City look
at the problem and if there are, for example, two or three houses
with the flooding problem in one area, then, instead of knocking
two or three holes in the wall for drainage the City should pick
the lowest point of the three and go through there and let them all
drain at one place. He said to pick the spot with the least amount
of sand build up and not to choose a spot so low that the tide
would come back through. When asked what he thought about the
suggestion of using an 8" pvc pipe which would drain in to some
gravel rock, he wasn't quite sure. He stated he didn't really know
but it might work."
Mayor Counihan then called on Mr. Gene Gavin who had a
problem he wished to present to Council. Mr. Gavin stated that
he was appearing on behalf of the Savannah Beach Post of the
American Legion. He stated that he wished to thank the Mayor and
Council for all the help they had given during the past years.
Mr. Gavin informed Council that during the last fiscal year the
City reimbursed the American Legion for 2/3 of their expenditures
for gas and electricity.. He then stated that he was requesting
the present administration to do likewise Mr. Gavin stated that
the total expenditure was $571.39, two - thirds of which was,$380.92,
the amount they would like the City to pay. He added that this
covered the period of September through May only. Council took
no action on this request at this time.
Mayor Counihan then opened the meeting for the transaction
of business legally presented.
The minutes of a Special Council Meeting held on May 9
and the Regular Monthly Meeting held on May 19th were approved as
written.
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Bills of the various departments for the month of May
were approved for payment.
ACCOUNTS PAYABLE - MONTH OF MAY
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Councilman John Wylly stated that about a month or two
ago, the whole Council as a committee made a study of the present
traffic flow on Sixteenth Street due to a petition presented to
Council at that time asking that the pattern be changed back to
the way it formerly flowed, or one -way flowing from Butler Avenue
towards the ocean (west to east). Councilman Wylly stated that
after a careful study of this situation, it was the opinon and
recommendation of Council that this traffic flow remain unchanged,
as it is at the present time. He then put this recommendation
in the form of a motion. It was seconded by Councilman DeLoach
and unanimously carried.
Councilman Joe Agnew stated that under our present set
up our bills or accounts payable cannot be paid until they are
approved by Council at its regular meeting and sometimes, he stated,
this comes kind of late in the month when the meetings are held
on the third Monday, thereby bringing about some unhappiness on
the part of some of our vendors. Councilman Agnew stated further
that in order to get our obligations taken care of a little earlier
he would like to change the regular meeting night from the third
Monday of the month to the second Monday of the month and proposed
the following Ordinance:
ORDINANCE
After reading this Ordinance, Councilman Agnew moved
its adoption. This motion was seconded by Councilman Wylly and
unanimously carried.
Mayor Counihan announced that we had received a request
from Mr. Alvah "Casey" Jones for the transfer of an alcoholic
beverage license from Mr. James Moye, the business being located at
Campbell Avenue and First street. In the absence of Mr. Fahey,
Chairman of the Police Committee, this request was handled by
Councilman James Bond, a member of the Police Committee. Councilman
Bond stated that since a favorable recommendation had been received
from the Police Department on this applicant, he moved that this
license transfer be made upon payment of the $25.00 transfer fee.
This motion was seconded by Councilman Wylly and unanimously carried.
Councilman Wylly informed Council that the City was in
need of some land owned by Mr. Mitchell which was adjacent to our
new sewage treatment plant. Mr. Wylly stated that Mr. Dunn had
been very cooperative in this matter and had agreed to swap eighty
(80) feet of his land for sixty (60) feet of City owned land which
was adjacent to some other land owned by Mr. Dunn and that since
such land was not needed by the City he moved that this offer
of Mr. Dunn be accepted and so moved. Councilman Bond seconded
the motion and it was unanimously carried.
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Mayor Counihan informed Council that a request had been
made to the Savannah Beach Planning Commission by Sanders Construction
Company to subdivide Beach Lot 83, Ward 4, in Savannah Beach and
Beach Lot 72, Ward 3, Savannah Beach. He then asked the Clerk to
read the recommendations of the Savannah Beach Planning Commission
on this request. The Clerk then read the following:
Gentlemen:
The Savannah Beach Planning Commission would like to present to
the Savannah Beach City Council two proposed subdivisions.
The first one is for the Eastern Portion of Beach Lot 83, Ward 4,
The second one is for a resubdivision of Beach Lot 72, Ward 3,
The developer of both of these two proposed subdivision is Sanders
Construction Company, Inc.
Enclosed also are two plats showing the proposed subdivisions.
It is hoped that a recommendation on these two subdivisions
could be made at the next Meeting of Council on May 19, 1975.
Following the reading of the recommendations from the
Savannah Beach Planning Commission, Councilman Agnew moved that
these recommendations be accepted and that Council grant permission
to Sanders Construction Company to subdivide these lots. This
motion was seconded by Councilman Hosti and unanimously carried.
Councilman Bond, a member of the Police Committee stated
that an application for an alcoholic beverage license had been
received from a Mrs. Billie K. King to operate a business at the
location on Sixteenth Street known as the Novelty Bar and he wished_
to move that this license be granted subject to receipt of a favorable
recommendation from the Police Department. This motion was seconded
by Councilman Deloach'and unanimously carried.
Council then took up the matter of the request by the
American Legion Post for the City to reimburse them for two - thirds
of the sum spent by them for gas and electricity from September,
1974, to May, 1975 which amounted to $380.92. Councilman stated
that, due to the fact we had gotten great use out of this building
he would move that we contribute $380.92 to the Savannah Beach
Post of the American Legion towards the amount spent by them for
gas and electricity. This motion was seconded by Councilman Wylly
and unanimously carried.
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There being no further business the meeting was adjourned
to the next regular or specila called meeting.
Clerk of Council
Mayor
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RECREATION, LIBRARY, PARKS £.MUSEUM DEPARTMENT
JOHN C. WYLLY, JR. COUNCILMAN
BILLS TO BE PAID FOR THE MONTH OF MAY, 1975
COMPANY AMOUNT
K -MART 78.88
SOUTHERN BELL TEL & TEL CO. 20.00
SAVANNAH ELECTRIC & POWER 41.64
SOUTHERN BELL TEL & TEL 16.92
SAVANNAH ELECTRIC & POWER 95.00
MCKENNA SUPPLY. CO. 25.20
GLAXY CERAMICS 101.12
MARINE RESCUE PRODUCTS 317.50
MCKENNA SUPPLY CO. 50.20
DIXON & SHEEHAN 98.00
T. S. CHU 2.69
T. S. CHU 1.98
MR. NORTH - ANTUQUE GUNS 240.00
(-` :' p p R O E D
OUNCILMAN
1L. I 9
/PATE
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DPW & SANITATION
ERNEST C. HOSTI
BILLS TO BE PAID. FOR THE MONTH OF
COMPANY
DEPARTMENT
COUNCILMAN
MAY, 1975
DPW
TYBEE GARAGE
SAVANNAH ELECTRIC & POWER
NEAL -BLUN CO..
MCKENNA SUPPLY CO.
JAMES M. CARGILL CO.
SOUTHERN BELL TEL & TEL
WELDING SERVICE CO.
PAPER CHEMICAL SUPPLY CO.
THE PAINT CENTER
MAYS' EZ MO LAWN EQUIPMENT
DOLLAR DISTRUBUTING CO.
BEARINGS & DRIVES OF SAVANNAH, INC.
SAVANNAH TIRE & RUBBER CO.
STANDARD OIL CO.
E Z AUTO PARTS
DIXON & SHEEHAN
T. S. CHU
, ' ` 1101 ff,.+ SANITATION
E Z AUTO PARTS
STANDARD OIL CO.
TYBEE MARKET
POWER HYDRAULICS, INC.
MORRISION SERVICE CO.
DIXON SHEEHAN
REVENUE SHARING FUNDS
H & H EQUIPMENT CO.
?PROVED
J
6.11-1-6,04e.%1,44141
COUNCILMAN
()A6
DATE
AMOUNT
143.75 6/
.6.35
7.15 ✓
29.03
6.00 t`
173:2.5 ./7-.
39.76
3.25
19.55 L'
. 8.64
223.99
159.32
63.58.0"--,,
9 2751.50 a/
24.07
6.04
107.65
8.27 75/
53.78 r✓
64.00•./
? 2751.50
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FIRE
RICHARD T. DELOACH
BILLS TO BE PAID FOR THE MONTH OF
DEPARTMENT
COUNCILMAN
MAY 1975
COMPANY
SOUTHLAND OIL CO.
STANDARD OIL CO.
SOUTHERN BELL TEL & TEL
SAVANNAH ELECTRIC & POWER
WARD LAFRANCE TRUCK CORP.
SAVANNAH COMMUNICATIONS AND ELECTRONICS
GENERAL ELECTRIC SUPPLY CO.
DIXON & SHEEHAN
T. S. CHU
oem,L4_,L. LA-4d ihArs°,42A.044seac.
`.APPROVED
+ v
COUNCILMAN
77--/
_.-
DATE
AMOUNT.
18.65
4.31
40.15
63.85
35.78
40.00
41.82
821.00
7.26
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GENERAL GOVERNMENT & FINANCE
DEPARTMENT
JOSEPH M. AGNEW COUNCILMAN
BILLS TO BE PAID FOR THE MONTH OF MAY, 1975
COMPANY
STANDARD OIL CO.
SOUTHERN BELL TEL & TEL
SAVANNAH ELEC. & POWER
REVIEW OFFICE PRODUCTS
COLEMAN OFFICE OUTFITTERS
CHU'S 7 -11 MART
JAMES M. CARGILL CO.
XEROX
SAVANNAH GAS CO.
SAVANNAH MORNING NEWS (BEACH EROSION)
SAVANNAH MORNING NEWS (G.G. LEGAL)
INNENKEN'S FLORAL CENTER
HERB ELECTRIC CO., INC.
EAGLE EXTERMINATING CO.
DESOTO BEACH MOTEL
GATCH FLORIST
ALEXANDER GROCERY CO.
DIXON & SHEEHAN
AMOUNT
17.22
59.57
127.71
13.20
17.83
.89
183.39
240.00.
6.46
8.75
114.00
30.00
76.80
. 12.00
11.40
15.45
100.96
5205.00
TOTAL
$6,240.63
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POLICE & PARKING METER
EDWARD J. FAHEY
BILLS TO BE PAID FOR THE MONTH OF.
DEPARTMENT
COUNCILMAN
MAY, 1975
COMPANY
SOUTHLAND OIL CO.
SOUTHERN BELL TEL & TEL
SAVANNAH ELECTRIC & POWER
TYBEE 66 - OLD BILL JUST RECEIVED
EAGLE EXTERMINATING CO.
BARRETT OIL CO.
A. C. COMMERCIAL REFRIGERATION
REVIEW OFFICE PRODUCTS
FRANK PARIS RESTURANT
KENNICKELL
HERB ELECTRIC CO., INC.
TRIAN PHOTO
SAVANNAH GAS CO.
CHATHAM COUNTY -USAGE OF T.C. 500
ANNUAL CHARGE
FRANK'S UNIFORMS
CHU'S 7 -11 MART
JAMES'M. CARGILL CO.
JOHN 0. YOUMANS'
DIXON & SHEEHAN
T. S. CHU
BOB MADDOX CHRYSLER - PLYMOUTH
NATIONAL LINEN''(FIRST:AID'SUPPLY)
IBM CORP. - TYPEWRITER - REVENUE SHARING
PARKING METERS - SEE PAGE 2
P p V D
ICOUNCILMAN
DATE
AMOUNT
609.51
148.38
219.96
4.40
6.25
27.00
73.25
16.50
31.56
17.35
98.00
8.00
8.41
1100.00
88.35
4.02
32.09
108.00
2926.00
12.34
4125.00
12.00
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PARKING METERS - PAGE 2 DEPARTMENT
a
EDWARD J. FAHEY COUNCILMAN
BILLS TO BE PAID FOR THE MONTH OF MAY, 1975
COMPANY
STANDARD OIL
SAVANNAH TIRE & RUBBER CO.
SOUTHERN BELL TEL & TEL
JACK RICKS GLASS CO.
NEAL -BLUN CO.
T. H. GUERRY LUMBER CO.
COLEMAN OFFICE OUTFITTERS, INC.
FRANK'S UNIFORMS
JAMES M. CARGILL CO.
SOUTHLAND OIL CO.
THE STAMP & STENCIL CO.
ROCKWELL MANUFACTURING. CO.
BRADLEY LOCK & KEY SHOP
AUTO ELECTRIC OF SAVANNAH
DIXON & SHEEHAN
T. S. CHU
A. C. COMMERCIAL REFRIGERATION
APP R OVED
COUNCILMAN
DATE
70/
AMOUNT TOTAL
34.45
146.59
23.30
3.24
28.75
46.62
6.91
35.80
12.55
11.08
3.33
89.67
5.80
8.35
554.00
1.50
52.75
$1,064.69
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WATER /SEWER DEPARTMENT
JAMES S. BOND, III
COUNCILMAN
BILLS TO BE PAID FOR THE MONTH OF MAY, 1975
COMPANY
STANDARD OIL CO.
TYBEE GARAGE
SOUTHERN BELL TEL & TEL
SAVANNAH ELECTRIC & POWER
T. H. GUERRY LUMBER CO.
SOUTHLAND OIL CO.
SAVANNAH GAS CO.
SKIDAWAY HARDWARE CO.
SAVANNAH IRON & FENCE CORP.
VWR SCIENTIFIC
SEMMES HARDWARE CO.
JOHN E..MCCAUSLAND CO.
RENT -A -TOOL CO., INC
TYBEE 66
PAPER CHEMICAL SUPPLY CO.
MORGANS, INC.
MORRISON SERVICE CO.
MERRITT AUTO SUPPLY CO.
MAYS EZ MO LAWN EQUIPMENT
MY -TANIK SEWER SERVICE
LAKESIDE EQUIPMENT .CORR.
GENERAL MEDICAL SAVANNAH
GLOBE CHEMICAL COMPANY INC
KARP MOTOR
HACH CHEMICAL CO.
COASTAL CHLORINATORS
COMMERCIAL ELECTRIC
CHAMPION MACHINE & MF
DAVIS SUPPLY CO.
DAVCO DIVISION
JAMES BOND REIMBURSE
W. J. BREMER, INC.
BUTLER SUPPLYS
BADGER METER, INC.
ANSA- CALL, INC.
DIXON & SHEEHAN
T.S. CHU
SERVICE., INC.
G.
SOUTHERN BELL
AMOUNT
107.64
5.75
142.11
1515.20 '.
_22.10 f
77.12V
3.23✓
4.181
117.92.,
99.34 �
46.38`
5707.80/
80.00 /
122.15./
111.69/
22.95/
28.73•"
9.20
39.50,1.
40.50•
21.10 t/
34.60
25.00 /
16.731/
386.25«`
261.00 /7
126.21
1693.03
8.76 V
.60
1112..03.
46.68 V
6.40
4232.00•/
34.92 •/
SEE PAGE 2 - W /S/ CONST. FD.
.7 4" COUNCILMAN
DATE
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PAGE 2
WATER /SEWER
JAMES S. BOND, III
DEPARTMENT
COUNCILMAN
BILLS TO BE PAID FOR THE MONTH OF MAY, 1975
COMPANY
WATER /SEWER CONSTRUCTION AMOUNT
THOMAS & HUTTON -- RES. INSPECTOR 4 WEEKS
THOMAS & HUTTON - -ENG. AND RELATED SERVICE REHAB OF PLANT
'P,ppR() ED
COUNCILMAN
DATE
1500.00
1219.39
TOTAL W/S CONST. FD A /PAYABLE $2,719.39
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 2.1 OF THE CODE OF THE
ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA, PERTAINING TO REGULAR MONTHLY MEETINGS OF
THE GOVERNING BODY SO AS TO CHANGE THE DAY AND HOUR
THEREOF, AND FOR OTHER PURPOSES.
SECTION I.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEN of the City of
Savannah Beach, Tybee Island, Georgia in regular monthly council
duly assembled and it is hereby ordained by authority of the same
that Section 2.1 of Chapter 2 of the Code of Ordinances of the
City of Savannah Beach, Tybee Island, Georgia is stricken in its
entirety and a new section is inserted in lieu thereof, which
shall read as follows:
"Section 2.1 Governing Body Meetings, day and hour."
The hour for holding the regular meetings of the
governing body is 7:00 P.M. Meetings shall be
held on the second (2nd) Monday of each month.
SECTION II.
All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
ENACTED in open Council this 16 day of June , 1975 .
CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
BY:
ATTEST:
(SEAL)
First Reading: June 16, 1975
Second Reading: June 16, 1975
Enacted: June 16, 1975
MAYOR
CITY CLERK