HomeMy Public PortalAbout19750827SCMeeting1
Savannah Beach, Georgia
August 27, 1975
A Special Called Meeting of Savannah. Beach City Council
Boras held this afternoon at 5:15 P.M. in the auditorium of City
Hall for the following purposes:
1. Considering the following problems:
a. Storm sewer drainage on to the beach
b. Bank balance -Water & Sewer Construction Fund
c. Requirements for final payment on Treatment Plant
d. Working out a method for billing the second
installment of Real Estate Taxes
2. Considering the repair of the City's . front -end loader
or the purchase of a new one.
3. Adopting a Resolution renewing $50,000.00 note with
Savannah. Bank & Trust Company and borrowing an additional
$50,000.00 for the General Fund.
4. Adopting a Resolution authorizing feasability study
for LEAA Grant.
5. Suspension of Mr. Jack Brady's Professional Bondsman
License.
6. Receiving a report on the deteriorated condition
of the Public Dock on the Inlet.
7. Considering a petition of Mr. W. H. Butler to acquire
a small protion of City -owned land.
8. Authorize the acceptance of Change Order No. 2 for the
City's Sewer Interceptor System Project.
The meeting was presided over by Mayor Michael J. Counihan
and a quorum consisting of the following Councilmen was present:
Ed Fahey, John Wylly, Jim Bond, Richard DeLoach, J. M. Agnew
and Bob Davenport. City Attorney Bill Pinson was also present.
Visitors at the meeting were Mr. William T. Jones, Jr.,
Savannah Beach Police Lieutenant Sam Weatherly and Mr. Edmund
Maddox, Chairman of the Metropolitan Planning Commission.
Mr. Bill Jones came before Council to request some action
on the remedial work necessary to prevent flooding in the area
of his home on 10th Street near the sea wall which flooding is
being caused by the re- nourished beach covering up the drain
hole in the sea wall. Mr. Jones informed Council that he had
contacted the Corps of Engineers about this and was told this
was the City's problem - not theirs. He stated further that
he was at the meeting this afternoon to let Council know that
if something is not done about this situation soon he will take
the only recourse he has and that is to enjoin the American
Dredging Company and stop the Erosion Project. Councilman
Agnew told Mr. Smith that this had become a serious problem with
the City, a great deal of study had been given it and, as of now,
it looked like the best solution was to build a catch - basin
just east of the sea wall and run a culvert pipe from the catch -
basin across the beach to the line of the low water. Councilman
Agnew stated further that he had also contacted the Corps of
Engineers and this was one of their suggestions. He said the
City should be able to resolve this matter within a few weeks,
Councilman Davenport stated that he saw no reason why this coil
not be accomplished with the City's D.P.W. forces. When Mr.
Jones pressed for a more definite time as to when this work
would be started, he was told by Councilmen Agnew and Davenport
that they could see no reason why the work could not be started
in approximately two weeks from Labor Day.
Mayor Counihan then opened the meeting for the transaction
of business legally presented.
Councilman Agnew informed Council that the City was ex-
periencing problems with the front -end loader which is being
used to work the sanitary landfill, and that the estimated
cost to repair same was in the area of $8,500.00. He added
that proposals had been received from three companies for a
new tractor and the best looking proposal was one from Road
Machinery, Inc. which is an Allis Chalmers Crawler - Loader,
Model 7G at a price of $44,273.00 with the allowance for the
old loader making a net cost to the City of $28,500.00. In
the discussion that followed, different thoughts.were put
forward such as the possibility of renting the equipment,
repairing the present machine and even purchasing another used
one, all of which were felt to be not to the best interest of
the City. Following a further discussion, Councilman Davenport
made a motion that we purchase the Allis Chalmers Crawler- Loader,
Model 7G- Series B, from Road Machinery from Revenue Sharing
Funds, accepting the offer from Road Machinery to finance the
purchase over a period of two years at 6 3/4% common interest.
This motion was seconded by Councilman Agnew and the motion was
carried by a vote of 5 to 1, Councilman Jim Bond voting NO
City Attorney Pinson informed Council that he had prepared
a Resolution in compliance with a request of the Finance
Committee and due to the fact that we had a note in the bank
coming due very shortly which must be renewed. He then requested
the Clerk to read the following Resolution:
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`' `n" RESOLUTION
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Following the reading of this Resolution, Councilman Agnew
moved its adoption. The motion was seconded by Councilman
rahey and unanimously carried.
Councilman Fahey, Chairman of the Police Committee told
Jr: Council that, as they recalled, a motion was approved by them
'several months ago to authorize a feasability study for an
LEAA Grant to finance a City Hall - Police -Fire Department Complex.
''w At that time, he stated, when the new LEAA Budget came out
�.' it did not contain the necessary funds to finance this study
so it was dropped. Now, he stated, with the help of Representatives
Tom Taggart and Herb Jones, he would like to re- activate this
.,project and pursue it again -only this time, he added, the study
"'`was based on a 75 -25 Federal participation and would cost
the City $2,500.00. Both Lieutenant Weatherly and Mr. Maddox,
'!Y{1'o'who have made a very thorough study of this, spoke on behalf
be'' "'of the project and explained to Council the many benefits that
could accrue to the City from it. Councilman Fahey then read
the following Resolution:
RESOLUTION
Following the reading of the Resolution, Councilman Fahey
'rj loved its adoption. This motion was seconded by Councilman
'Davenport and unanimously carried after the words "NOT TO
�' EXCEED AN AMOUNT OF $2,500.00" is added to the last paragraph
of the Resolution.
Mr. Hunter Kent appeared before Council to see if anything
had been done about his claim for damages to his car caused by the
'poor condition in which the shoulders of Lewis Avenue was left
following the paving which was felt to be the responsibility
Of Aultman Construction Company, Contractor. Councilman Fahey
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fir.; moved that City Attorney Pinson go through Thomas and Hutton
Jxce_ and try to put pressure on Aultman Construction Company to get
them to pay this claim. The motion was seconded by Councilman
A �s' `'" 'Jim Bond and unanimously carried.
.. f. Councilman Fahey informed Council that Mr. Jack Brady, who
holds a professional bondsman license for Savannah Beach, has
°outstanding two bonds in the amount of $1,000 each which have
been called by Judge Pinson. Councilman Fahey continued stating
,. �,,,that under the law he has thirty days to take care of these bonds.
'' "t This time was up on August 7th, he said. Councilman Fahey stated
that he had also granted Mr. Brady an additional week's extension
5sjaAr ..•
`.kand when these called bonds were not paid by that time, he wrote
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Mr. Brady a letter suspending his license and informing him
that he would request revocation of this license by Council.
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He then moved that Mr. Brady's license be revoked until the -
amount due is paid. This motion was seconded by Councilman
Bond. During the discussion which followed Mr. Fahey stated that
he would have no objection to reinstating Mr. Brady after this
$2,000.00 was paid. Mayor Counihan requested that the records
show that Mr. Brady's license was being suspended until this
indebtedness to the City was paid. Council then voted unanimously
to suspend this license until such time as these bonds have
been paid.
Councilman Davenport related to Council the bad condition
of the municipal dock, stating that its deteriorated condition
seemed to be beyond the capabilities of the City D.P.W. Department
to repair. Councilman Davenport reported that the decking was
in fair shape but the piling was practically gone. The Mayor then
appointed Councilmen Wylly and Davenport to a committee to look
into this matter with the American Dredging Company and other .
people concerned and have a report ready for the next regular
Council meeting.
Councilman Agnew told Council..that Mr. W. H. Butler brought
him by a letter yesterday afternoon in which he requested City
Council to sell him a small piece of land which would be a
portion of Butler Avenue were it extended and opened as a''street.
After a discussion on the pros and cons of this request, Councilman
Wylly moved that this request be denied. It was seconded by
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Councilman Fahey and unanimously carried. The Clerk was requested
to so inform Mr. Butler.
The Mayor then stated that the concluding item on the agenda
was for authorization to accept Change Order No. 2 in connection
with the present City sewage project, a sewer interceptor system.
He stated that he refused to sign this Change Order due to the
fact that it involved additional money. He then requested the
Clerk to explain to Council what this change order request consist
of. Reading from the Change Order, the Clerk stated that this
Change Order pertains to the installation of new wet wells for
Pump Stations 1, 2, 3 and 4. The Clerk stated that information
about the existing wet wells was obtained from original drawings
of the old sewer system. Because these structures were below
ground and full of sewage, the shape and materials of construction
of these wet wells could not be verified until the contractor
began the excavating to connect the new sewers. He said also
that materials encountered required a cutting torch to adapt
existing wet wells of these stations and this constituted a
potential hazard because of the sewer gases which have accumulated.
The Clerk continued stating that it was, therefore, the recommenda-
tion of Thomas and Hutton that new wet wells be installed in
lieu of attempting to modify existing structures.
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Following the explanation of this request for a change
_order by the Clerk, Mayor Counihan requested the amount of money
involved and was told that it was $11,558.00. Councilman Bond
then moved that this request be denied until such time as it
could be gone into more thoroughly. The motion was seconded by
Councilman Davenport and passed by a vote of five (5) to one (1),
Councilman Agnew voting against the motion to deny the Change Order.
During the discussion of the above motion, it was brought
out by Councilman Bond that the information for this current
sewage project was gathered by Thomas and Hutton from old maps
{;, dated 1940 or 1942. Therefore, houses added since those maps
.4z. were drawn were not shown on the project maps. He stated further
he did not feel that this was acceptable. Councilman Bond stated
_,, fi,1 that it was, therefore, not the responsibility of the contractor
.dc to tap in the laterals to houses not shown on the map but it
still has to be done, he said, at an additional cost to the City.
Mr. Bond said there were many other problems connected with this
and he did not know the answers to them either, he stated.
Mayor Counihan stated questions like this should be decided
.,d ,::> by Council. Councilman Agnew explained Change Order No. 2 to
. Council, stating that when these wet wells could be inspected
it was discovered that they had metal bottoms and had to be cut
,::;.991.with . cutting torches which constituted a hazard due to the presence
a ;;;_i i; i,r,of volatile sewer gases.
T,n;t; Following a lengthy discussion as to the problems being
IIexperienced with the sewer project, it was decided to hold a
Special Council Meeting at 5:00 P.M. Friday, September 5th to
,_c%.: discuss these problems with Thomas and Hutton, Griffin Construction
co j_ Company, the Resident Inspector and others that may be involved
^ a with the project.
Ens:
ad The Mayor then requested the Clerk to read the following
a . „11.A letter from Mr. Lou Thompson concerning the property formerly
owned by him but condemned by the City for the Erosion Project:
LETTER FROM MR. LOU THOMPSON, AUGUST 18, 1975
This was received by Council as information.
Council then discussed several problems we have such as
the depletion of the Water and Sewer Construction Fund, the
final payment on the Treatment Plant and the method of billing
the next installment of the Real Estate Property Taxes.
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There being no further business, the meeting was adjourned
to the next regular or special called meeting.
MAYOR
CLERK OF COUNCIL
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R E S O L U T I O N
AUTHORIZING TEMPORARY LOAN BY THE CITY OF SAVANNAH BEACH
TYBEE ISLAND, GEORGIA, UNDER THE CONSTITUTION OF THE STATE
OF GEORGIA, ARTICLE VII, SECTION VII, PARAGRAPH IV, AND
FOR OTHER PURPOSES.
WHEREAS, under and by virtue of the Constitution of
the State of Georgia, Article VII, Section VII, Paragraph IV
(Section 2 -6004 of the Georgia Code of 1933, Annotated) each
County, Municipality or Political Subdivision of the State
authorized to levy taxes is given the authority to make temporary
loans between January 1, and December 31 in each year to pay
expenses for such year, upon certain conditions; and
WHEREAS, such conditions have been fulfilled by the
City of Savannah Beach, Tybee Island, Georgia as hereinafter
appears; and
WHEREAS, the said City of Savannah Beach, Tybee Island,
Georgia has now outstanding no temporary loan, or loans, made
in the current year, or in any prior year; and
WHEREAS, the total gross income of said City of Savannah
Beach, Tybee Island, Georgia from taxes in the last proceeding
fiscal year (1974 -75) was $220,322.00; and
WHEREAS, the total anticipated revenue of the City of
Savannah Beach, Tybee Island, Georgia for the year 1975 -76 ex-
ceeds $622,526.00; and
WHEREAS, the amount to be borrowed, up to $100,000.00,
plus all other contracts or obligations for current expenses of
the City of Savannah Beach, Tybee Island, Georgia for the fiscal
year 1975 -76 are less than the total anticipated revenue from
all sources for such fiscal year; and
WHEREAS, under the aforesaid authority, the City of
Savannah Beach, Tybee Island, Georgia may make such temporary
loan, or loans, in the fiscal year 1975 -76 in a total amount
not to exceed $100,000.00; and
WHEREAS, the Mayor and Council constitute the governing
body of the City of Savannah Beach, Tybee Island, Georgia.
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NOW THEREFORE, BE IT RESOLVED by the Mayor and Council
of the City of Savannah Beach, Tybee Island, Georgia in a legally
called meeting, assembled August 27, 1975:
That the City of Savannah Beach, Tybee Island, Georgia
is hereby authorized to borrow from Savannah Bank & Trust Company
of Savannah the sum of $100,000.00 to be represented by a
Promissory Note bearing interest at the prevailing and best
obtainable rate of interest per annum, and the entire amount,
together with interest, to be repaid on or before December 31,
1976. The Promissory Note evidencing said loan shall be ex-
ecuted in the name of the City of Savannah Beach, Tybee Island,
Georgia and signed by the Mayor and /or Mayor Pro Tem and Clerk
of Council.
Passed in regular session this 27th day of August, 1975.
CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA
CITY CLERK
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R E S O L U T I O N
WHEREAS, the CITY OF SAVANNAH BEACH, Tybee Island,
Georgia, is eligible under certain State and Federal Programs
to receive funding for local programs which are in the public
interest, and,
WHEREAS, the CITY OF SAVANNAH BEACH, Tybee Island,
Georgia, desires to submit a grant request to the Law Enforce-
ment Assistance Administration for the purpose of conducting
a comprehensive feasibility study to be used by the City in
submitting for available funds under Federal and State Programs,
and,
WHEREAS, if the Law Enforcement Assistance Adminis-
tration approves the grant, the cost of the study will be ap-
portioned on a matching basis with seventy -five percent (75%)
of the cost being the responsibility of the law Enforcement
Assistance Administration and Twenty -five percent (25%) of
the cost being the responsibility of the CITY OF SAVANNAH
BEACH, Tybee Island, Georgia.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council-
men of the CITY OF SAVANNAH BEACH, Tybee Island, Georgia, in
Council duly assembled, that the Mayor of the CITY OF SAVANNAH
BEACH, Tybee Island, Georgia, is hereby authorized and directed
to inform the Law Enforcement Assistance Administration that
it is the desire of the CITY OF SAVANNAH BEACH to seek a grant
for the purpose of conducting a comprehensive feasibility study
and that if approved, the CITY OF SAVANNAH BEACH will be re-
sponsible for twenty -five percent (25%) of the cost of this study,
not to exceed an amount of $2,500.00.
ADOPTED IN OPEN COUNCIL this 27th day of August, 1975.
CITY OF SAVANNAH BEACH, TYBEE ISLAND,
GEORGIA
CITY CLERK
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LOUIS A. THOMPSON
EUGENE E. BENKEN
THOMPSON & BENKEN
ATTORNEYS AT LAW
P. 0. BOX 8128
WRIGHT SQUARE STATION
144 DRAYTON STREET
SAVANNAH, GEORGIA 31402
August 18, 1975
Honorable Mayor and City Council
City of Savannah Beach
City Hall
Butler Avenue
Savannah Beach, GA 31328
Re: Savannah Beach Property
Gentlemen:
PHONE
AREA CODE 912 233.1198
I, of course, read the article in the Morning News con-
cerning the proposed new street extending from 14th to 16th Street
at Savannah Beach. It is difficult by just reading a news article
to be certain of the facts involved.
I know you gentlemen will respect my property rights in
the 16.3 ft. by 160 ft. area west of the seawall. My reason for
writing this is simply so that this ownership will not be overlooked
in your planning whereby you will, of course, allow for a walkway
along the beach west of my land line in addition to your decorative
area east of the proposed street area.
I know you will accept this reminder in the sense that it
is being sent by me; and while it is probably not necessary, my first
impression was that it would be proper to write you.
LAT/dab
With best regards, I am,
p..
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O R D I N A N C E
AN ORDINANCE TO AMEND SECTIONS 1 THROUGH
8 OF THE CODE OF ORDINANCES, CITY OF SAVAN-
NAH BEACH, TYBEE ISLAND, GEORGIA PERTAINING
TO "REFUSE DISPOSAL ORDINANCE ", ADOPTED
APRIL 22, 1970, AND TO AMEND SECTIONS 1
THROUGH 5 OF THE CODE OF ORDINANCES, CITY
OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
PERTAINING TO A SPECIAL TAX FOR THE COL-
LECTION AND DISPOSAL OF GARBAGE, AS ADOPTED
APRIL 28, 1975; TO PROVIDE FOR THE HEALTH
AND WELFARE OF THE CITY OF SAVANNAH BEACH
BY REGULATING THE STORAGE, COLLECTION,
AND DISPOSAL OF REFUSE; TO PROVIDE CHARGES
FOR THE SERVICES PROVIDE BY THE CITY OF
SAVANNAH BEACH FOR THE COLLECTION AND
DISPOSAL OF REFUSE; TO PROVIDE FOR THE
BILLING AND COLLECTION OF SAID CHARGE;
TO PROVIDE PENALTIES FOR THE VIOLATION
OF SAID ORDINANCE; TO PROVIDE FOR AN EF
FECT DATE; AND TO REPEAL ALL CONFLICTING
ORDINANCES AND FOR OTHER PURPOSES.
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 or-
dained by authority of the same that Sections 1 through
8 of the Code of Ordinances, City of Savannah Beach,
Tybee Island, Georgia pertaining to "Refuse Disposal
Ordinance ", as adopted April 22, 1970, and Sections 1
through 5 of the Code of Ordinances, City of Savannah
Beach, Georgia pertaining to a special tax for the col-
lection and disposal of garbage, as adopted April 28,
1975, are hereby stricken in their entirety and a new
ordinance inserted in lieu thereof which shall read as
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follows:
SECTION 1
This ordinance shall be known as the "Refuse
Disposal Ordinance ".
SECTION 2 - Definitions
(a) The term "garbage" shall mean all animal and
vegetable wastes resulting form the handling,
preparation, cooking, or consumption of foods.
(b) The term "ashes" shall mean the residue resulting
from the burning of wood, coal, coke or other
combustible material.
(c) The term "rubbish" shall include glass, metal,
paper, plant growth, wood, or non putrescible
solid wastes.
(d) The term "refuse" shall mean all solid wastes,
except body wastes, and shall include garbage,
ashes, and rubbish.
(e) The term "disposal" shall include the storage,
collection, disposal, or handling of refuse.
(f) The term "person" shall include any natural person
association, partnership, firm or corporation.
(g) The term "Family dwelling unit" shall mean a
structure providing housing for a collective
body of persons forming one household under a
common head.
(h) Apartment, rooming houses, hotels, tourist courts,
motels, shall include those facilities licensed
as such bythe City of Savannah Beach in which
two (2) or more units are rented or offered to
the public for rental.
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SECTION 3 - Storage Practices
(a) Preparation of refuse
1. Rubbish shall be (1) placed in approved containers
or, (2) cut and bailed, tied, bundled, stacked or pack-
aged so as not to exceed 36 inches in length and 50 pounds
in weight.
(b) Refuse containers.
1. Refuse containers shall be made of durable,
watertight, rust - resistant material having a close -fit-
ting lid and handles to facilitate collection.
2. Refuse containers for residences shall be of
not less than 10 gallons, nor more than 32 gallons in
capacity. Containers for commercial establishments shall
not exceed 30 gallons in capacity.
3. It shall be unlawful to permit the accumula-
tion of residue of liquids, solids or a combination of
such material on the bottom or sides of containers, it
being the intention of this provision that the interior
of containers shall be kept clean by thorough rinsing
and draining as often as necessary.
(c) Storage of refuse.
1. Each householder, commercial establishment,
orperson having refuse shall provide himself with approved
refuse containers and shall place and keep all refuse
therein as provided in this ordinance relating to handling
of rubbish.
2. It shall be unlawful to place refuse in any
street, alley, or any other public place, or upon pri-
vate property, whether owned or not, unless such refuse
is placed in an approved container, as provided in this
ordinance.
3. It shall be unlawful to place refuse in any
stream, or body of water, or in any place inconsistent
with the provisions of this ordinance.
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SECTION 4 - Collection Practices
Refuse containers shall, for the purposes of col-
lection, be placed at ground level, and be made readily
accessible to the collector. They shall be placed on
the side of the street from which collection is to be
made.
SECTION 5 - Disposal of Refuse.
It shall be unlawful to dump, burn, bury, destroy,
or otherwise dispose of refuse within the jurisdictional
limits of the City of Savannah Beach except at the City
approved refuse disposal site.
SECTION 6 - Imposition of Charge - Schedule of Assessments
Pursuant to the authority granted the City Council
in Section 66 (gg) of the Charter of Savannah Beach, Tybee
Island, Georgia from and after the effective date of this
ordinance there shallbeestablished a charge for the pro-
viding of the service of collection and disposal of re-
fuse within the City Limits, Savannah Beach, Tybee Island,
Georgia. The rate of assessment of this charge for
establishments within the City Limits of Savannah Beach,
Tybee Island, Georgia, shall be on a monthly basis and
shall be as follows:
a. Family Dwelling Unit
b. Business Establishments
Engaged in the Selling,
Offering for Sale, or
Giving Away of Intoxi-
cating Liquors by the
drink and /or Restaurants
c. Apartments, Roominghouses,
Hotels, TouristCourts,
Motels: Where two (2) or
more units are rented or
offered to the public for
rental,
Where three (3) to ten (10)
units are rented or offered
to the Public for rental
Per Month
$ 2.00
12.00
5.00
6.00
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cont. of c. Per Month
Where eleven (11) to twenty
(20) units are rented or
offered to the public for
rental
Where twenty -one (21) to
thirty (30) units are
rented or offered to the
public for rental
Where thirty -one (31) to
Forty (40) units are
rented or offered to the
public for rental
Where forty -one (41) to
fifty (50) units are
rented or offered to the
Public for rental
Where fifty -one (51) or
more units are rented or
offered to the public
for rental
d. Department: Stores
e. Grocery or Provision
Stores
f. Business Establishments
engaged in the sale of
gasoline, oil, and /or
automobile maintenance
and repair
Campgrounds(per central
pick -up site)
g.
h. All other Business Es-
tablishments not specific
ally covered herein
$10.00
15.00
18.00
21.00
25.00
12.00
10.00
7.00
20.00
3.00
SECTION 7 - Billing and Collection.
Bills for this charge shall be rendered monthly
and the assessment shall be listed as a separate item
on the same bill with the water and sewerage charges.
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Such bills shall set forth therein the separate charge
for water service, sewerage service, and refuse charge,
and the total thereof. No payment shall be accepted
for any one of these charges unless all of the charges
are paid at the same time. There shall be no discount
allowed for prompt payment. If any bill shall not be
paid before the tenth (10th) day following the original
date of billing, it shall be declared delinquent and
the City Clerk or his designated assistant shall mail
out to each customer, whose bill is delinquent, a notice
of delinquency which notice shall be deemed to be a last
and final notice.
If any bill for this charge shall not be paid
within twenty (20) days from the original date of billing,
water service to the delinquent customer shall be immedi-
ately shut off and discontinued. Such water service
shall not be restored or turned on until the delinquent
bill has been paid in full; together with a disconnec-
tion charge and a reconnection charge in the amount of
FIVE DOLLARS ($5.00) each.
SECTION 8 - Penalty
Any person who violates provisions contained in
Sections 1 through 5 of this Ordinance shall, upon con-
viction, be subject to a fine not to exceed TWO HUNDRED
DOLLARS ($200.00) and a jail term not to exceed TWENTY
DAYS, either or both, all at the discretion of the Judge,
Recorder's Court, Savannah Beach, Tybee Island, Georgia.
SECTION 9 - Validity
All ordinances or parts of ordinances in conflict
herewith are hereby repealed, but to the extent of such
conflict only.
The invalidity of any section, clause, sentence
or provision of this ordinance shall not affect the
validity of any other part of this ordinance which can
be given effect without such invalid part or parts.
SECTION 10 -
This Ordinance shall be in full force and effect
on the first day of August, 1975.