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HomeMy Public PortalAbout19760216CCMeetingSavannah Beach, Georgia February 16, 1976 (Postponed from Feb. 9, 1976) The Regular Monthly Meeting of Savannah Beach. City Council was held this evening at 7:00 p.m. in the Council Room of Savannah Beach City Hall with Mayor M. J. Counihan presiding and a quorum consisting of the following Councilmen present: Edward Fahey, J. M. Agnew, Jim Bond, John Wylly, Richard DeLoach and Bob Davenport. City Attorney Bill Pinson was also present. The first visitor to appear before Council was Mr. John Smith who complained to Council about dogs running loose on the island. He recounted one incident where one bit his daughter on the leg. Mr. Ryan, a neighbor of Mr. Smith, also gave several incidents where he had been molested by dogs. Police Commissioner Fahey replied to Mr. Smith that this matter came under his juris- diction and that he was working with the County and also our local police and doing everything in his power to solve this situation. Next to appear on the agenda was Attorney John Brennen who appeared on behalf of his client,Mrs. Mary Clare Dulohery, to request the City to issue a Quit Claim Correctional Deed due to a discrepancy in the footage of land conveyed and to conform to a recent survey. No action was taken on the matter at this time. Next on the agenda was Mr. Jim Aliffi who spoke on behalf of the bike races and to ask cooperation of City Council in getting the streets ready. He stated that the event would be held on the 20th of March and he would certainly like all the streets to be in good condition. Mr. Byrd of the Trailer Park on Polk Street appeared before City Council to request that a City sewer line be extended to his property. He was told that due to the poor grade of the land this would be impossible without the use of a lift station. Mayor Counihan then formally opened the meeting for the transaction of business legally presented. The Minutes of the meeting of January 12th were approved as written. Communications: A letter was read from Mr. Earl Anderson resigning his position as Zoning Administrator was accepted with regrets. 48 -2- A letter from Mr. W. H. Gibson complaining about the receipt of water bills from the City at a time when his meter and lines were completely destroyed by the Construction Company. A letter from Mr. George of Thomas and Hutton quoting a price of $10,405.00 to run a sewer line to the site of the new Veranda Restaurant. A letter was read by the Clerk from Thomas and Hutton relaying to the City Request No. 9 of Griffin Construction Company for a periodic payment on the contract in the amount of $233,373.21. The Clerk explained to Council that he had ten days in which to meet this request without default but that if he did not receive some money from somewhere, through a loan or otherwise, then he would not be able to meet this payment. He stated that the payment request was for $233,000.00 and that his assets in this fund were $133,000.00 as follows: Bank Assets C of D $ 33,000.00 $100,000.00 $133,000.00 The Clerk then asked for some kind of authority to make a short term loan to cover this deficiency. A motion was made by Councilman Bond that arrangements be made with the bank to borrow the money needed on a short term basis. The motion was seconded by Councilman Agnew and unanimously carried. The Clerk stated, as requested by Council, he had placed an ad in the Savannah papers in the prescribed manner announcing intent to introduce legislation, but since placing the ad he has received no further instructions and wondered about it. Councilman Fahey replied that Representative Tom Taggart had everything ready when we give the word. No further action was taken on the matter at this time. The Clerk then reminded Council that we had heard nothing from Chatham County in regard to our Animal Control Agreement since we had written them of several conflicts between their proposal ordinance and our present ordinance. Mr. Fahey stated that he would take this up with Mr. Joseph Lambright, County Administrator. At the request of the Mayor, the Clerk then read a letter from Mr. Shuble Boling of the Chatham County Health Department report- ing on the Housing Inspection Work for 1975 and proposing a -3- schedule for inspections and enforcements for 1976. Following a discussion, a motion was made by Councilman Fahey that the proposal of the Health Department be accepted. This motion was seconded by Councilman Davenport and when voted on, was defeated by a vote of four (4) to two (2). Councilman Wylly, Bond, DeLoach and Agnew voting against the proposal and Councilman Fahey and Davenport voting for the proposal. The Clerk read a communication from Mr. Ed Towns, Ocean - side Nursing Home, thanking the City for the use of the chipping machine in cleaning out the underbrush on his property at Eagles Nest. 49 Council again took up the question requested by Mr. John Brennen, Attorney, of a Correctional Quit Claim Deed from City Council. The Quit Claim Correction was then read by the Clerk. Following the reading a motion was made by Bob Davenport that ' this correctional quit claim be adopted. It was seconded by Council - man Wylly and unanimously carried. QUIT CLAIM Bills for all departments for the month of January were approved for payment. These approved bills are attached to and form a part of these minutes. After many months of study, Councilman Wylly stated that he and his group had come up with an Ordinance which he felt would be acceptable until such as a survey can be run on the north end of the island. The main reason for doing this, he stated, was due to an inequitable sand dune line on the northern end of the island. He also said that this particular ordinance, the way it was written, was difficult to enforce. He also stated the title was being changed from the Dune Protection Line to the Shore Protection Line. He then read the new Ordinance in its entirety. Following the reading, Councilman Wylly moved that this new Sand Dune Ordinance be adopted on first and second readings at this meeting. ORDINANCE This motion was seconded by Councilman Agnew and unanimously carried. Following the adoption of the new Sand Dune Ordinance, City Attorney Pinson then read a repealing Ordinance which he stated 50 would nullify the old Sand Dune Ordinance. He then read the repealing Ordinance. SAND DUNE ORDINANCE REPEALER Following the reading of the Repealing Ordinance, a motion was made by Councilman Bond that this Repealing Ordinance be adopted. The motion was seconded by Councilman DeLoach and unanimously carried. The Clerk announced that the recommended changes had been made in the Building Ordinance and then read the Ordinance as amended ORDINANCE Following the reading, a motion was made by Councilman Agnew that the Ordinance be amended. It was seconded by Council - man DeLoach and unanimously carried. Councilman Agnew then read our revised Election Ordinance which he stated cleaned it up and eliminated everything that was in conflict with the State or Federal Law. ORDINANCE Following the reading, Councilman Agnew moved its adoption. It was seconded by Councilman Davenport and unanimously carried. The next Ordinance also had to do with our Election Process such as naming the Board of Registrars, the Absentee Ballot Clerk and the Poll Workers for the coming election. This Ordinance was read by Councilman Agnew. ORDINANCE Following the reading, Councilman Agnew moved its adoption. It was seconded by Councilman DeLoach and unanimously carried. In addition to the Ordinance amending our Election Ordinance, a complete Ordinance reflecting these new changes is attached to and forms a part of these Minutes. The conveying instruments regarding the swap of the land between the City and Mr. Hosti of the Triangle Drive In Restaurant were then read by Mr. Agnew who moved that they be adopted by Council. The motion was seconded by Councilman Bond. Following the seconding, Mayor Counihan announced that he did not feel the whole thing was done properly and he was, therefore, not signing the Quit Claim. City Attorney Pinson advised Council that the Mayor- 1 -5- Pro Tem could sign it. The motion was then put to a vote and unanimously carried. 51 Councilman Agnew of the Bicentennial Committee announced his Committee as follows: Reverend James Bond, Jr., Mr. Dexter Bates, Mrs. Lucy Patterson and Mrs. Diana Solomon. Mr. Agnew stated that their first meeting will be held at 2:00 p.m. tomorrow afternoon. Police Commissioner Fahey stated that a favorable recommenda- tion had been received from the Police Department following their investigation of Mr. George Spirides and that he would, therefore, recommend that a Beer and Wine License be granted to this es- tablishment.` Councilman Davenport suggested that a letter of thanks be sent to American Dredging Company for driving the pilings at the site of our public dock. Councilman DeLoach complained about two fire plugs that have been ruined recently, one by American Dredging and one by Griffin Construction Company. Councilman Wylly asked for and received permission to replace the pressure switch at the 14th Street pumping station. There being no further business the meeting was adjourned to the next regular or special called meeting. Mayor Clerk of Council 52 1 1 1 RESOLUTION WHEREAS, Savannah Beach, Tybee Island conveyed to Jacob W. Lang, Sr. on November , 1948 by Warranty Deed for a consideration of Four Hundred Fifty Dollars ($450.00) the property described in the attached Quit Alaim Deed of Correction and which instrument is recorded in Deed Book 48 -Y 192 of the Records of Chatham County, Georgia, and WHEREAS, the aforesaid Warranty Deed conveyed Lot 1 having a frontage of Eighty -eight and forty -five one hundredths (88.45) feet on Lewis Avenue and a portion of Sixth Street having a frontage of Sixty (60) feet on said Lewis Avenue totaling One hundred forty -eight and forty -five one hundredths (148.45) feet thereon as will appear to reference of said instrument, and WHEREAS, the survey by S. P. Kehoe, Jr. dated April 11, 1959 and Barrett & Exley, Inc. dated November 14, 1975 show afore - described property as having a total frontage on Lewis Avenue as One hundred six and three tenths (106.3) feet, and WHEREAS, said Town of Savannah Beach intended to convey all that property lying between Lot 1, Palm Terrace Subdivision and the 4 -H Club property, and IT APPEARING that the purpose of said Quit Claim Deed of Correction is to correct this discrepancy by quitclaiming said property as shown on aforementioned plats to Mary Clare Dulohery, of Chatham County, Georgia, she now being the proper grantee as will appear to reference of said instrument. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia (formerly known as the Town of Savannah Beach), in Council assembled, that the Mayor of said City be and he is hereby authorized and directed to execute said Quit Claim Deed of Correction to Mary Clare Dulohery on behalf of said City at and for the sum of One Dollar ($1.00) and the Clerk of Council is hereby authorized to attest the same and to affix the corporate seal of said City thereto. ADOPTED IN OPEN COUNCIL this /6" day of FP6/eciAR y , 1976. 1 1 1 CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: kr‘ ATTEST: (SEAL) )10•4_,. CLERK OF COUNCIL I, EDWARD PATTERSON, Clerk of Council of Savannah Beach, Tybee Island, do hereby certify that the foregoing is a true and correct copy of a Resolution adopted at the regular meeting of the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, held on FE-6R'i y /6 , 1976. Witness my hand and the seal of said City this 2® rf day of Feaii2G, p yi , 1976. /4...Ue71-1-4 EDWARD PATTERSON 1 COUNCILMAN: JflSFPH_M. C�GNFW DEPT: FTNAN( F DATE OF COUNCIL MEETING FFBRUARY 16. 1976 BILLS FOR THE MONTH OF JANUARY. 1976 TO BE APPROVED ALEXANDER'S GROCER $112.50 COLEMAN OFFICE OUTFITTERS 13.10 IBM 405.83 MASON INC. 48.31- V. W. EIMICKE 166.55 EAGLE EXTERMINATORS 12.00 STUCKEY LAND SURVEYORS 100.00 SAVANNAH GAS 67.86 N.C.R. 70.33 PITNEY -BOWES 95.50 REVIEW OFFICE PRODUCTS 90.20 TYBEE MARKET 249.27 XEROX. 338.19 LEVY'S OF SAVANNAH 47.33 STAMP & STENCIL 21.70 -SAVANNAH ELECTRIC & POWER 113.22 SOUTHERN BELL TEL & TEL 66.17 SAVANNAH NEWS_PRESS 10.50 STANDARD OIL 89.86 TOTAL 2,118.42 REVENUE SHARING FUND: N.C.R. CORP. 810.00 TOTAL $810.00. 1 COUNCILMAN: ROBERT DAVENPORT DEPT:D.P.W. & SANITATION DATE OF COUNCIL MEETING BILLS FOR THE MONTH OF D.P.W.: FEBRUARY 16. 1976 JANUARY, 1976 TO BE APPROVED T. S. CHUBS $ 17.44 DEACY WELDING SUPPLIES 30.39 E Z AUTO 85.63 J. C. LEWIS FORD 21.96 MORRIS ELECTRIC 25.92 PAPER CHEMICAL 176.45 SCOTT CONCRETE 2,396.80 AMOCO 149.21 SOUTHERN BELL TEL & TEL 31.83 STANDARD OIL CO. 402.37 PAINT CENTER 9.44 TOTAL 3,347.44 SANITATION: DEACY WELDING E Z AUTO J. C. LEWIS FORD T. S. CHU STANDARD OIL TOTAL .58.55 15.70 71.50 6.99 206.67 359.41 GRAND TOTAL $3,706.85 1 1 COUNCILMAN: JOHN C. WYLLY, JR. DEPT: PARKS, RECREATION,LIFEGUARDS, MUSEUM DATE OF COUNCIL MEETING FEBRUARY 16, 1976 BILLS FOR THE MONTH OF JANUARY, 1976 TO BE APPROVED CERAMICS: GALAXY CERAMICS DOWN SOUTH CERAMICS LUCY PATTERSON T. S. CHU SAVANNAH ELECTRIC & POWER SOUTHERN BELL TEL & TEL TOTAL COMMUNITY HOUSE: AMOCO PAINT CENTER TOTAL MEMORIAL PARK, J.C. PARK & J.C. BUILDING': 64.83• 179.01 60.00 1.04 74.21. 17.30' 396.39 26.03. 52.00 78.03 SAVANNAH ELECTRIC & POWER 7.32. TOTAL 7.32 MUSEUM: SAVANNAH ELECTRIC & POWER SOUTHERN BELL TEL & TEL TOTAL OTHER: THOMPSON SPORTING GOODS TOTAL 1 APPROVED 83.69 20.00 103.69 30.18 30.18 GRAND TOTAL $615.61 1 1 COUNCILMAN: EDWARD A. FAHFY DEPT: POLICE & PARKING METERS DATE OF COUNCIL MEETING FEBRUARY 16, 1976 BILLS FOR THE MONTH OF POLICE DEPT: JANUARY, 1976 TO BE APPROVED ANDERSON'S SOC STATION BREAKFAST CLUB BEASLEY & CARLSON COASTAL PAPER .CAP'N CHRIS' CRAB HOUSE T. S. CHU'S JAMES M. CARGILL'S CHU'S 7 -11 MART FRANK'S UNIFORMS J. C. LEWIS FORD MOTOR CO. SAVANNAH ELECTRIC & POWER SOUTHERN BELL TEL & TEL TRIANGLE DRIVE IN TRI AN PHOTO NATIONAL LINEN SOUTHERN MARINE SUPPLY SAVANNAH TIRE & RUBBER EAGLE EXTERMINATORS SAVANNAH GAS STAMP & STENCIL BARRETT OIL CO. SIRCHIE LAB. STATE CHEMICAL PARKING METER DEPT: E Z AUTO MASON INC. BRADLEY LOCK & KEY SOUTHERN BELL TEL & TEL APP ED iz/7i TOTAL $154.40 4.40 67.45 36.38 11.55 35.57 22.00 13.89 80.05 446.20 143.56 112.58 84.84 66.53 24.00 9.00 34.90 12.50 171.68 40.00 485.64 78.79 208.80 2-344.71 15.00 4.10 2.00 23.30. TOTAL 44.40 GRAND TOTAL $2,389.11 1 1 COUNCILMAN: RICHARD DELOACH DEPT: FIRE DATE OF COUNCIL MEETING FEBRUARY 16, 1976 BILLS FOR THE MONTH OF JANUARY, 1976 TO BE APPROVED T. S. CHU 17.47 K —MART 23.77 SAVANNAH TIRE & RUBBER 46.65 SAVANNAH GAS CO. 58.38 SAVANNAH ELECTRIC 6 POWER 55.75 SOUTHERN BELL TEL & TEL 49.59 STANDARD OIL 44.93 296.54 INSURANCE PAYABLE: D I X O N SftE E Fk +- TTY T' c. 3-1 1 APPROVED 1 1 COUNCILMAN: JAMES S. BOND, III DEPT: WATER /SEWER & WATER /SEWER CONSTRUCTION DATE OF COUNCIL MEETING FEBRUARY 16, 1976 BILLS FOR THE MONTH OF JANUARY, 1976 WATER /SEWER: W. J. BREMER BRADLEY LOCK & KEY COASTAL CHLORINATORS T. S. CHU CAMBRIDGE FILTER CORP. CHAMPION MACHINE DAVIS SUPPLY E Z AUTO T. H. GUERRY LUMBER CO. BUTLER SUPPLY RENT -A -TOOL SAVANNAH ELECTRIC & MAGNETO SHAW'S AMOCO . TRI- STATE MILL BADGER METER INC. MAY'S EZ MO TYBEE 66 CHU'S 7 -11 WHITE'S HARDWARE SAVANNAH GAS CO. SOUTHERN BELL TEL & TEL SAVANNAH ELECTRIC & POWER STANDARD OIL CO. SOUTHLAND OIL SAVANNAH LABORATORIES WATER /SEWER CONSTRUCTION: THOMAS & HUTTON ENG. k BLUE RIDGE PAVING /APPROVED (1/0/~ /6',/ /9 76 TO BE APPROVED 9.45. 2.22 100.00 60.98 99.00 10.42 132.89 49.53 22.25 1,612.80 100.33 22.50 1.21 103.00 470.32 13.35 18.75 .98 8.04 19.71 80.41 1,341.64 447.03 15.30 640.00 5,382.11 1,500.00 100.00 1,600.00 1 1 AN ORDINANCE AN ORDINANCE TO ESTABLISH A SHORE PROTECTION LINE; TO ESTABLISH CRITERIA FOR GRANTING VEGETATION AND DUNE DISTURBANCE PERMITS; TO DESCRIBE NONCONFORM- ING USES; TO OUTLINE PROCEDURES FOR SUBMITTING AND REVEIWING PERMIT APPLICATIONS; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; TO PROVIDE FOR AN EFFECTIVE 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 Council duly assembled, and it is hereby ordained by the authority thereof as follows: SECTION 101. Definitions Shore Protection Line. The Shore Protection Line is defined as being 40' landward of the seawall. In the event no seawall exists, this line will be 40' landward of the crest of the most seaward stable dune. In the event no seawall or stable dune exists, then the line will be 50' landward of the shore line which is undisturbed by tidal waters. SECTION 102. Intent of the Ordinance. It is the intent of this Ordinance to protect the health, safety and welfare of the people of Savannah Beach by affording some degree of protection from tides and high water storm surges, winds, and erosion; to insure that development adjacent to the Shore Protection Line occurs without adversely affecting the existence, future, or natural functions of the beach and dune areas; and to insure that development adjacent to the Shore Protection Line occurs without subjecting property adjacent and further inland to additional potential danger from actions of wind and water. SECTION 103. Vegetation and Dune Disturbance. It shall be unlawful for any person, firm, or corporation in any manner to damage, destroy or remove any sand dune, or part thereof, lying seaward of the Shore Protection Line as defined herein, or to kill, destroy, remove or alter the form of any trees, shrubbery, grass or other natural vegetation growing 1 -2- seaward of said line, without first having obtained a permit from the Savannah Beach City Council. SECTION 104. Criteria for Granting Vegetation and Dune Disturbance Permit. No permit, as requested in Section 103, shall be granted unless the applicant shall have sufficient proof for the Savannah Beach City Council that the particular action proposed will not materially weaken the ecology of the area within the shore protection line, including its vegetation, or reduce its effective- ness as a means of protection from the effects of high wind and water, taking into consideration the height, width, and slope of the dune or dunes; the amount and type of vegetation thereon and wind processes affecting the development of the dunes. Such proof shall be kept as public record and filed with the application. SECTION 105. Nonconforming Uses. Any lawful use of land or building existing on the effective date of this Ordinance or on the effective date of any subsequent amendment thereto and located seaward of the Shore Protection Line is hereby declared to be a nonconforming use. a. A nonconforming use of building, structure or land may be continued with the following limitations: 1. Extension of Use. It shall not be extended to occupy a greater area of land or space seaward of the Shore Protection Line. 2. Vacant Use. A tract or structure of land which has housed a nonconforming use shall not be reopened to a nonconforming use after it has remained vacant for a period of twelve (12) months. 3. Damaged Use. A building or structure which housed or houses a nonconforming use shall not be reoccupied by a nonconforming use after it has been damaged to the extent of seventy -five (75) percent or more of the total tax value; provided, however, if a structure is not intentionally damaged or destroyed by the owner or the occupant, then the owner may reconstruct or repair the structure to a comparable status, provided further that the structure does not occupy more land or space than the original structure and that construction is begun within twelve (12) months after the structure is destroyed or damaged. 1 1 1 -3- SECTION 106. Procedures For Submitting and Reviewing Permit Applications. a. Permit Required. All uses or improvements proposed seaward of the Shore Protection Line shall require a permit from the Savannah Beach City Council. Permit applications, sub- mitted in triplicate, will be either preliminary or complete as follows: 1. If the activity lies seaward of the Shore Protection Line, in whole or in part, a complete application is required. All applications shall be accompanined by site plan(s) and all other appropriate data required to indicate to the Savannah Beach City Council that the particular improvements proposed will not materially weaken the ecology of the area within the Shore Protection Line, including its vegetation, or reduce its effectiveness as a means of protection from the effects of high wind and water, taking into considera- tion the height, weight, and slope of the dune or dunes; the amount and type of vegetation thereon, and wind processes effecting the development of the dunes. All applications shall be submitted to the Building Official for processing for the City Council. The Building Inspector shall post notice at the sites of the applicant within five (5) days after acceptance for filing of any application. b. Referral to Planning Commission. Within Five (5) days after acceptance for filing of any application, the Building Official shall transmit one (1) copy thereof to the Savannah Beach Planning Commission for its review and recommendation. The Planning Commission shall have thirty (30) days within which to submit its report to the Mayor and Council. If the Planning Commission fails to submit a report within a thirty (30) day period, it shall be deemed to have approved the requested change or departure. Within twenty (20) days after referral to the Planning Commission, any interested party may request a public hearing prior to any final action being taken on the application. When such a hearing request is made, the hearing procedure outlined in Sub. paragraph C. herein shall be complied with. c. Hearing Procedure. 1. Hearing Called. Once a request for public hearing 1 1 -4- has been made, the Mayor and Council shall hold a public hearing thereon after giving a least fifteen (15) days notice of the time place in a newspaper of general circulation within the City. Such notice shall state the application number and shall contain a summary of the proposed application and the location of the property, its area, name of owner and the proposed use. 2. Notice of Interested Parties. A notice shall be sent to the applicant and the Planning Commission by mail of the date, time and place of hearing. All application files shall be placed in the custody of the Building Official and shall be open to public inspection during regular office hours. d. Referral to City Council. Immediately after the requirements of Sub. Sections b. and c. (if applicable) herein have been complied with, the application shall be submitted to the Savannah Beach City Council for final consideration. SECTION 107. Penalties. If any building or structure is erected, constructed, reconstructed, altered, repaired, moved, converted, or maintained in violation of this Ordinance, or any building, structure, land, or vegetation is used or disturbed in violation of this Ordinance the offender, upon conviction shall be subject to a fine not to exceed TWO HUNDRED DOLLARS ($200.00), by sentence of imprisonment not exceeding two (2) months, and to work on the streets or public works for a period not exceeding sixty(60) days, any or all such penalties in the discretion of the Judge, Recorder's Court, Savannah Beach, Tybee Island, Georgia. Each and every day a violation continues shall be deemed a separate offense and the violator shall be served with a citation for each day the violation continues. SECTION 108. Severability. If any section, clause, provision, or portion of these regulations shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, said holding shall not affect any other section, clause, or portion of these regulations which is not itself declared by a Court of competent jurisdiction to be invalid or unconstitutional. 1 -5- SECTION 109. Conflicts and Repeal. Where this Ordinance imposes greater restrictions upon the use of the building, structure or land, or upon the height, bulk or size of a building or structure or requires larger open spaces than are imposed or required by other ord- inances, rules, regulations or permits, or by easements, cove- nants, or agreements, the provisions of this Ordinance shall govern. Where any other ordinance, rules regulations or permits, or easements, require greater restrictions upon the use of a building, structure or land, or upon the height, bulk or size of a building or structure, or require larger open spaces than are required under the regulations of this Ordinance, such provisions shall govern. All existing ordinances or parts of ordinances or maps which are in conflict with this Ordinance are hereby repealed. SECTION 110. Code of Ordinances. It is the intention of the governing body, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. This Ordinance shall be in full force and effect immediately upon its adoption. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 1976. Enacted in Open Council this day of CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: ATTEST: Mayor FIRST READING: February 16, 1976 SECOND READING: February 16, 1976 ENACTED: February 16, 1976 Clerk of Council 1 1 1 ORDINANCE AN ORDINANCE TO REPEAL CHAPTER 42, SEC- TIONS 42 THROUGH 30, SAND DUNE PROTECTION ORDINANCE, OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA IN ITS ENTIRETY. 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 as follows: Chapter 4 %, Sections 4? through 30, Sand Dune Pro- tection Ordinance, of the existing Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, is hereby repealed in its entirety. First Reading: Second Reading: Enacted: THE CITY OF SAVANNA BEACH TYBEE ISLAND, GEORGIA BY: ATTEST : Mayor City Clerk 1 1 1 ORDINANCE AN ORDINANCE TO AMEND CHAPTER 5, ARTICLE I, SECTION 5 -4; PARAGRAPHS (a) AND (b) "BUILDINGS" OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, SO AS TO PROVIDE FOR THE ISSUANCE OF BUILDING PERMITS; TO PRESCRIBE THE FEES THEREOF; TO PROVIDE FOR AN EFFECTIVE 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 ordained by authority of the same that Section 5 -4, Paragraphs (a) and (b) of Chapter 5, Article I "Buildings" of the Code of Ordinances, City of Savannah Beach adopted January 17, 1973, is hereby stricken in its entirety and a new Section 5 -4, Paragraphs (a) and (b) of Chapter 5, Article I is inserted in lieu thereof, which shall read as follows: "SECTION 5_1. Building Permits. (a) Application for a building permit must be made by the owner, or his agent, accompanied by a set of plans of blue prints, together with specifications of the work to be done. All applications for a building permit for building a new building must be accompanied by a plan showing size of lot and portion of lot to be built on, and shall show that the lot has been surveyed by a licensed surveyor, or that lot stakes have been placed in position in accordance with such a survey. No work of any nature shall be started until building permit has been issued. A permit must be secured for all new construction, all alteration and all repairs. No permit shall be issued until the prescribed fees for same have been paid in accordance with the following schedule. Repairs less than $50.00 NO CHARGE Where the value exceeds $50.00 but is not over $1,000 $10.00 For each additions $1,000 of value or any fraction thereof . . . $ 3.00 (b) Any applicant for a building permit shall have the right to appeal to Council should the Building Inspector refuse to approve the issuance of a permit" 1 1 It is the intention of the governing body, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. This amended Ordinance shall be in full force and effect on the date of its adoption. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Adopted in open council meeting this 16th day of February, 1976. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: ATTEST: Mayor First Reading: February 16, 1976 Second Reading: February 16, 1976 Adopted: February 16, 1976 Clerk of Council 1 AN ORDINANCE AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, TO PROVIDE THAT THE ELECTION SUPERINTENDENT MAY BE A COM- MITTEE; TO SET FORTH THE REQUIREMENTS FOR REGISTRATION OF ELECTORS; TO PROVIDE THE TIME OF REGULAR ELECTIONS; TO REPEAL CON- FLICTING ORDINANCES; AND FOR OTHER PUR- POSES. 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 6 -3 (a), Chapter 6 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, is hereby amended by adding the following: "The Municipal Election Superintendent shall be a person or Committee selected in the manner prescribed by this Ordinance." SECTION II. By striking Section 6 -6, Chapter 6 of the Code of Ordinances of the City of Savannah Beach, Tybee Island, Georgia, in its entirety and inserting in lieu thereof a new Section 6 -6 to be read as follows: "Section 6 -6 - Voter Qualifications A person shall be eligible and qualified to vote in any election of the City of Savannah Beach, Tybee Island, Georgia, when he shall be: 1. A Citizen of the State of Georgia and of the United States; 1 1 1 2. At least eighteen years of age; 3. A resident of the City of Savannah Beach, Tybee Island, Georgia; 4. Possessed of all other qualifications prescribed by law; and 5. Registered as an elector in the man- ner prescribed by law. Notwithstanding any other provision of this Ordinance, any person who was quali- fied and registered to vote at the time of the adoption of this amendment shall not be required to re- register under the terms of this amendment unless such per- son shall have become or becomes disqual- ified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which e- vent, such persons shall, in order to be- come registered to vote, re- register un- der the terms of this Ordinance as amended." SECTION III. By striking Section 6 -7, Chapter 6, of the Code of Ordinances of the City of Savannah Beach, Tybee Island, Georgia, in its entirety and inserting in lieu thereof a new Section 6 -7 to be read as follows: "Section 6 -7 - Registration List; Time of Registration The City of Savannah Beach, Tybee Island, Georgia, shall maintain its own registra- tion list. A resident of the City who de- sires to vote in a municipal election must apply to be registered as an elector with the Board of Registrars of Savannah Beach, Tybee Island, Georgia, at least thirty (30) days prior to such an election. The ap- plicant must appear in person before the 1 1 Registrar and must possess those qualifi- cations herein prescribed in order to qualify as an elector of the Municipality. The procedure and form of registration card shall conform to the provisions pres- cribed by Ga. Code Ann. Sec. 34A -505, 506. SECTION IV. By adding Section 6 -19, Chapter 6, of the Code of Ordinances of the City of Savannah Beach, Tybee Island, Georgia, to be read as follows: "Section 6 -19 - Time of Regular Elections; Succession by incumbent Every two (2) years, on the 1st Monday in April in each even year, a regular election shall be held in the City of Savannah Beach, Tybee Island, Georgia, at the City Hall or at such other place or places as the City Council may designate, for the election of a Mayor and six (6) Councilmen, qualified for office as herein before and here and after provided; and any incumbent Mayor or incumbent Councilman who shall qualify as a candidate and be qualified to hold the office sought under provisions of the Charter, may be a candidate in any elec- tion to succeed himself or for office on the City Council. SECTION V. All Ordinances and Parts of Ordinances in conflict herewith are hereby repealed. SECTION VI. It is the intention of the governing body, and it is hereby Ordained, that the provisions of this Amendment shall become and be made a part of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia and the Sec- tions of this Ordinance may be re- numbered to accomplish such intention. 1 1 1 FIRST READING: SECOND READING: ENACTED: CITY OF SAVANNAH BEACH TYBEE ISLAND, GEORGIA Mayor City Clerk 1 1 A RESOLUTION BEACH, TYBEE OF MAYOR AND OF THE STATE RESOLUTION BY THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH ISLAND, GEORGIA, TO CONDUCT AN ELECTION FOR THE OFFICE SIX COUNCILMEN IN ACCORDANCE WITH THE APPLICABLE LAWS OF GEORGIA AND CHARTER OF THE MUNICIPALITY BE IT RESOLVED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, in Council duly assembled, and it is hereby resolved as follows: WHEREAS, in accordance with the provisions of section 34A -101 et seq., known as the "State of Georgia Municipal Election Code" as amended through the Regular 1975 Session of the Georgia General Assembly, and in conformity with the provisions of Section Nineteen of the Charter of the Municipality, the City shall call an election for the purposes of electing the Mayor and six Council- men of the Municipality; and WHEREAS, in accordance, furthermore, with the provisions of Section Twenty - three, Twenty -four and Twenty -seven of the Charter of said Municipality and Section 34A -1303 of the Georgia Municipal Election Code as amended through the Regular 1975 Session of the Georgia General Assembly, various election officers are created and are to be appointed by the governing body of the City in connection with the conduct of said elections; NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED as follows: 1. That the City of Savannah Beach, Tybee Island, shall conduct election on April 5, 1976, from seven a.m. to seven p.m. for the purpose of electing a Mayor and six Councilmen to hold office from the first Monday in July, 1976, until the first Monday in July, 1978, or until their successors have been duly elected and qualified. 2. The Municipal Election Superintendent of said election shall be The Chatham County Board of Elections, which Board is hereby authorized to incur such expenses as they deem necessary for the preparation and conduct of such election as authorized by the "State of Georgia Municipal Election Code ", and by Section 24 of the Charter of the City of Savannah Beach. 1 1 -2- 3. The following voter registrars are hereby appointed to serve a term of two years and until their successors are appointed and qualified. James L. Fabrikant . . Chief Registrar Louise Shaw Registrar Evelyn Butler Registrar The Chief Registrar shall be the Chief Administrative Officer of the Board. These Registrars shall receive as compensation $20.00 per working session and $40.00 for Election Day; and, shall exercise those powers and duties and be subject to such regulations as set forth in the Georgia Municipal Election Code and any regulations established by the governing authority. 4. The City Clerk, E. M. Patterson, is hereby appointed Absentee Ballot Clerk. 5. Furthermore, the governing body of said City does hereby appoint the following poll officers to conduct and assist the Municipal Election Superintendent in such election. CHIEF MANAGER Mrs. Hortense Doyle ASST. MANAGER Mrs. Maude Mutter ASST. MANAGER Mrs. Pat Pagan CLERK Mrs. Leona East CLERK Mrs. Mildred Hobbs CLERK Mrs. Irene Brown CLERK Mrs. Margaret Guilliams The foregoing Resolution is adopted in Open Council this day of , 1976. (Seal) CITY OF SAVANNAH BEACH, TYBEE ISLAND BY: ATTEST: Mayor Clerk of Council 1 1 ORDINANCE AN ORDINANCE TO SUPPLEMENT THE REQUIREMENTS AND PROVISIONS OF THE GEORGIA MUNICIPAL ELECTION CODE (TITLE 34 -A) AS ADOPTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, SO AS TO PROVIDE FOR THE REQUIREMENTS AND ELIGIBILITY FOR ELECTION TO THE OFFICE OF MAYOR OF THE MUNICIPALITY; TO PROVIDE FOR THE REQUIREMENTS AND ELIGIBILITY FOR ELECTION TO THE OFFICE OF COUNCILMEN OF THE MUNICIPALITY; TO CREATE THE OFFICES OF SUPERINTENDENT AND POLL OFFICERS CONSISTING OF CHIEF MANAGER, ASSISTANT MANAGERS AND CLERKS FOR SAID ELECTION; TO PROVIDE THAT THE ELECTION SUPERIN- TENDENT IS AUTHORIZED TO INCUR EXPENSES FOR PREPARATION AND CONDUCT OF ELECTION; TO PROVIDE THAT THE CORPORATE LIMITS OF THE MUNICIPALITY SHALL CONSTITUTE THE ELECTION DISTRICT WITHIN THE CITY AND THAT CITY HALL SHALL BE THE DESIGNATED POLLING PLACE; TO SET FORTH THE REQUIREMENTS FOR REGISTRATION OF ELECTORS BOTH WITH THE BOARD OF REGISTRARS OF CHATHAM COUNTY AND WITH THE BOARD OF REGISTRARS OF THE MUNICIPALITY; TO PROVIDE FOR A SEPARATE REGISTRATION LIST BY THE MUNICIPALITY TOGETHER WITH THE PROCEDURE AND FORM REQUIRED FOR REGISTERING; TO PROVIDE FOR THE CHALLENGING OF REGISTRATION OF ELECTORS; TO PROVIDE FOR THE APPOINTMENT AND DUTIES OF REGISTRARS, THEIR REMOVAL AND APPOINTMENT OF SUCCESSORS; TO PROVIDE FOR REGISTRATION PERIODS OF CANDIDATES FOR MUNICIPAL OFFICE FOR GENERAL AND SPECIAL ELECTIONS; TO PROVIDE THAT CANDIDATES SEEKING ONE OF TWO OR MORE PUBLIC OFFICES EACH HAVING THE SAME TITLE AND TO BE FILLED AT THE SAME ELECTION SHALL NOT DESIGNATE THE SPECIFIC OFFICE HE IS SEEKING, TO PROVIDE THAT THE SIX CANDIDATES FOR CITY COUNCIL RECEIVING THE HIGHEST NUMBER OF VOTES CAST SHALL BE ELECTED AS THE SIX COUNCILMEN OF THE MUNICIPALITY; TO PROVIDE FOR NON - PARTISAN ELECTIONS AND THAT POLITICAL PARTIES SHALL NOT CONDUCT PRIMARIES FOR PURPOSES OF NOMINATING CANDIDATES FOR MUNICIPAL ELECTIONS; TO PROVIDE THAT CANDIDATES FOR COUNCIL SHALL BE ELECTED BY A PLURALITY OF THE VOTES CAST AND THAT CANDIDATES FOR MAYOR RECEIVING THE HIGHEST NUMBER OF LAWFUL VOTES CAST SHALL BE ELECTED; TO PROVIDE FOR RUN -OFF ELECTIONS IN EVENT OF A TIE VOTE BETWEEN TWO OR MORE CANDIDATES; TO PROVIDE THAT VOTES SHALL BE CAST BY VOTING MACHINES AS ALLOWED AND PROVIDED BY THE PROVISIONS OF THE GEORGIA MUNICIPAL ELECTION CODE; TO PROVIDE FOR ABSENTEE BALLOTS; TO PROVIDE FOR PROVISIONS FOR CONTEST OF ELECTIONS AND THE PROCEDURE FOR SUCH CONTEST; TO PROVIDE FOR PUBLICATION OF SUCH ELECTION AND TIME OF REGULAR ELECTIONS; SUCESSION BY INCUMBENT; TO REPEAL CONFLICTING ORDINANCES;TO MAKE THIS ORDINANCE A PART OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES. 1 1 1 -1- 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 6 -1. Qualification for Office - Mayor. To be eligible for election to, and to hold at any time, the office of mayor of the City of Savannah Beach, Tybee Island a person shall be at least twenty -five (25) years of age, shall have resided in the city for a period of two (2) years next before qualifying as a candidate for the office of mayor, and shall be duly registered and qualified to vote in municipal elections of the city and of the State of Georgia. SECTION 6 -2. Qualification for Office - Councilmen. To be eligible for election, and to hold at any time, the office of councilman of the city, a person shall be at least twenty -five (25) years of age, shall have resided in the City of Savannah Beach, Tybee Island for a period of two (2) years next before qualifying as a candidate for the office of council- man, and shall be duly registered and qualified to vote in municipal elections of the city and of the State of Georgia. SECTION 6 -3. Election Officers. There is hereby created the following offices in connection with the conduct of elections in City of Savannah Beach, Tybee Island, Georgia, as well as the duties required of such offices: (a) Superintendent. The governing body of the city shall appoint a municipal election superintendent who shall receive such compensation as provided by the governing body of the city. The superintendent shall exercise those powers and duties set forth in the Georgia Municipal Election Code. The Municipal Election Superintendent shall be a person or Committee selected in the manner prescribed by this Ordinance. (b) Poll Officers. 1. Chief Manager. A chief manager for each election district shall be appointed by the governing body of the city for each election. The chief 1 1 -2- manager shall receive such compensation as provided by the governing body and shall exer- cise those powers, and duties as set forth in the Georgia Municipal Election Code. 2. Assistant managers. Two (2) assistant managers for each election district shall be appointed by the governing body of the city for each election. The assistant managers shall receive such compensation as provided by the governing body and shall exercise those powers and duties as set forth in the Georgia Municipal Election Code. 3. Clerks. Prior to the opening of the polls in each district of each election the governing body of the city shall appoint a sufficient number of clerks to serve at such election. The clerks shall receive such compensation as provided by the governing body and shall exercise those powers and duties as set forth in the Georgia Municipal Election Code. SECTION 6 -4. Expenses. The election superintendent is authorized to incur expenses in the preparation and conduct of an election including the cost of purchasing indentification badges for poll officers,the printing of ballots and voters certificates, and the purchasing of all other supplies necessary for the conduct of an election. The superintendent is further authorized to incur all necessary expenses to provide voting booths for the proper conduct of all elections. SECTION 6 -5. District; polling places. The area within the corporate limits of the city shall constitute an election district within the City of Savannah Beach, Tybee Island, Georgia. Those persons living within the designated election district shall vote at city hall. The superintendent shall cause all polling places to be provided with sufficient light and heat. SECTION 6 -6. Voter qualifications. A person shall be eligible and qualified to vote in any election of the City of Savannah Beach, Tybee Island, Georgia, 1 1 -3- when he shall be: 1. A Citizen of the State of Georgia and of the United States; 2. At least eighteen years of age; 3. A resident of the City of Savannah Beach, Tybee Island, Georgia; 4. Possessed of all other qualifications prescribed by law; and 5. Registered as an elector in the manner prescribed by law. Not withstanding any other provision of this Ordinance, any person who was qualified and registered to vote at the time of the adoption of this amendment shall not be required to re- register under the terms of this amendment unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event, such persons shall, in order to become registered to vote, re- register under the terms of this Ordinance as amended. SECTION 6 -7. Registration list; time of registration. The City of Savannah Beach, Tybee Island, Georgia, shall maintain its own registration list. A resident of the City who desires to vote in a municipal election must apply to be registered as an elector with the Board of Registrars of Savannah Beach, Tybee Island, Georgia, at least thirty(30) days prior to such an election. The applicant must appear in person before the Registrar and must possess those qualifications herein prescribed in order to qualify as an elector of the Municipality. The procedure and form of registration card shall conform to the provisions prescribed by Ga. Code Ann. Sec. 34A -505, 506. SECTION 6 -8. Challenging registration of a voter. Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list or who is applying for registration with the registrar. The elector making the challenge shall appear j before the registrar on or before the election day, and state the grounds for the challenge in writing. The initial decision 1 1 1 -4- shall be made forthwith by the registrar with a right of appeal to the governing body of the city. If possible, the registrar will notify the challenged elector and provide him with an opportunity to answer the challenge. If a registrar does not find probable cause for sustaining the challenge, the challenged elector will be given the right to vote or the right to be registered to vote. If in doubt as to the merit of a challenge, the registrar shall notify the chief to vote or the right to be registered to vote. If in doubt as to the merit of a challenge, the registrar shall notify the chief manager in the challenged elector's election district, and the challenged elector shall be allowed to cast a challenged ballot. SECTION 6 -9. Registrar- Appointment; powers, duties; term; removal, resignation. The governing body of the city shall appoint three (3) registrars one of whom shall be designated as chief registrar and who shall be the chief administrative officer of the board. The registrars shall receive such compensation as provided by the governing body and shall exercise those powers and duties and shall be subject to such regulations as set forth in the Georgia Municipal Election Code and any regulations established by the governing authority. The registrar shall provide a list of electors to the chief manager of each election district for each election. The registrars shall serve for a term of two (2) years and until their successors are appointed and qualified, except in the event of resignation or removal as herinafter provided. The governing authority shall have the right to remove one or more of such registrars, at any time for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the governing authority shall appoint a successor who shall serve the unexpired term of such term is specified. Each such appoint- ment or change in designation shall be entered on the minutes of the governing authority. SECTION 6 -10. Registration periods. Qualification of candidates for municipal office shall 1 1 1 -5- begin at 9:00 a.m. on the forty -fifth day before the general election and shall close at 5:00 p.m. on the thirtieth day before the general election, and shall begin at 9:00 a.m. on the thirtieth day before a special election and close at 5 :00 p.m. on the tenth day before such special election. SECTION 6 -11. Designation of office sought; election of Councilmen. A candidate seeking one of two (2) or more public offices each having the same title and to be filled at the same election by the vote of the same electors shall not disignate the specific office he is seeking. The six (6) candidates for city council receiving the highest number of lawful votes cast shall be elected as the six (6) councilmen of the City of Savannah Beach, Tybee Island. SECTION 6 -12. Election to be nonpartisan. All elections held for the purpose of filling municipal offices in the City of Savannah Beach, Tybee Island shall be nonpartisan, and no political party shall conduct primaries for the purpose of nominating candidates for such municipal elections. SECTION 6 -13. Plurality required to elect; election of mayor. A candidate for municipal office shall be elected in a general of special election by receiving a plurality of the votes cast to fill such public office. The candidate for mayor receiving the hgihest number of lawful votes cast shall be elected as mayor of Savannah Beach, Tybee Island, Georgia. SECTION 6 -14. Tie votes; runoff election. In event of a tie vote in any election between two (2) or more candidates for any office, whether mayor or councilman, a new election between only the candidates thus tied in number of votes for the particular office shall be ordered held by the council of the City of Savannah Beach, Tybee Island on the fourteenth day after the holding of the first election in accordance with the provisions of section 34A -1407 of the Georgia Municipal Election Code, and the person who shall receive the highest number of votes cast in the second or runoff election, shall be declared to have been elected to the office. SECTION 6 -15. Secret ballots; use of voting machines. 1 1 -6- All votes cast in every municipal election held in the City of Savannah Beach, Tybee Island whether such election be regular, special, general or other shall be by secret ballot; but the ballots or votes at any such municipal election may, at the option of the mayor and council of the City of Savannah Beach, Tybee Island be cast, registered, recorded and counted by means of voting machines meeting the requirements of voting machines that are allowed to be used as provided by the provisions of the Georgia Municipal Election Code. SECTION 6 -16. Absentee ballots. Absentee ballots shall be used in all municipal elections. The use of absentee ballots shall be governed by Chapter 34A- 13 of the Georgia Municipal Election Code. SECTION 6 -17. Contested elections. A contest case governed by the provisions of this section shall be determined in the county in which the city hall is located. Any person who was a candidate in an election or any aggrieved elector shall be permitted to contest the election of any candidate upon any of the following grounds: (1) Malconduct, fraud or irregularity by any election official sufficient to change or place in doubt the result. (2) Ineligibility of the defendant for the office of dispute. (3) Illegal votes received, or legal votes rejected, sufficient to change or place in doubt the result. (d) An error in counting the votes or in declaring the result of an election, if such error would change the result. (e) Any other cause which shows that another was the person legally elected. A petition to contest the results of a general or special election shall be filed with the city clerk within five (5) days 1 -7- after the results of an election are certified to the governing body of the city. A hearing shall then be set before the govern- ing body. Written notice shall be given to all affected candidates by the governing body of the city. The notice shall state the time and place of the hearing and shall contain a copy of the petition of contest. The hearing will take place not more than ten (10) days nor less than five (5) days after service of the notice upon the affected candidates. The governing body shall have the authority to examine the qualifications of electors concerning their right to vote, order a recount of ballots, examine the registration lists and perform such acts and conduct such examinations as may be deemed necessary to determine the validity of a contest of an election. The final determination of the governing body of the city may be appealed to the superior court in the manner of appeal from a court of the ordinary, except that such appeal shall be made within ten (10) days after determination of the contest by the mayor and council by issuance of an order so signifying. SECTION 6 -18. Qualifying fee not required. The municipality shall not require any qualification fee for any individual offering as a candidate for mayor or for councilman either in a general or special election of the munici- pality and shall publish such fact that no qualifying fee is required together with the notice of the date of such municipal election. SECTION 6 -19. Publication of election, time of regular elections, Succession by incumbent. Every two (2) years, on the 1st Monday in April in each even year, a regular election shall be held in the City of Savannah Beach, Tybee Island, Georgia, at the City Hall or at such other place or places as the City Council may designate, for the election of a Mayor and six (6) Councilmen, qualified for office as herein before and here and after provided; and public notice of such election date shall be published by the municipality in the Savannah News -Press at least thirty (30) days prior to such election, together with any other information required to be published by the Georgia Municipal Election Code; and any in- cumbent Mayor or incumbent Councilman who shall qualify as a 1 1 1 -8- candidate and be qualified to hold the office sought under provisions of the Charter, may be a candidate in any election to succeed himself or for office on the City Council. SECTION 6 -20. Repealing conflicting ordinances. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 6 -21. Code of Ordinances. It is the intention of the governing body, and it is hereby ordained, that the provisions of the Ordinance shall become and be made a part of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia and the Sections of this Ordinance may be re- numbered to accomplish such intention. 1976. ADOPTED IN OPEN COUNCIL this 16th day of February CITY OF SAVANNAH BEACH TYBEE ISLAND, GEORGIA Mayor First Reading: February 16, 1976 Second Reading: February 16, 1976 Enacted: February 16, 1976 City Clerk 1 1 1 R E S O L U T I O N WHEREAS, Savannah Beach, Tybee Island, Georgia, is a Municipal Corporation Chartered under the laws of the State of Georgia, and under its Charter, acts through its mayor and council; and WHEREAS, at the present time, Savannah Beach, Tybee Island, Georgia, is undertaking to construct a new sanitary sewer system for the public health and welfare; and, WHEREAS, in order to complete the requirements of the project, it is necessary that the City of Savannah Beach, Tybee Island, Georgia, acquire certain lands that are presently owned by B. P. and C. J. Hosti; and WHEREAS, said B. P. and C. J. Hosti have agreed to convey the lands to the City of Savannah Beach, Tybee Island, Georgia, in exchange for any and all interest the City of Savannah Beach, Tybee Island, Georgia, may have in certain other lands. NOW THEREFORE, BE IT RESOLVED that the City Council duly assembled authorizes the Mayor of Savannah Beach, Tybee Island, Georgia, to execute any and all Quit Claim Deeds to the following property: 1 All their right, title and interest in that tract of land between the western- most lot line of Lot 1, Ward 5, City of Savannah Beach, Tybee Island, Georgia, and the existing right -of -way of Inlet Avenue and between the Easternmost lot line of Lot 1, Ward 5, City of Savannah Beach, Tybee Island, Georgia, and the existing right -of -way of Butler Avenue. NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council duly assembled authorizes the Mayor of Savannah Beach, Tybee Island, Georgia, to accept in exchange for the the above described conveyance the following described land; All that lot, tract or parcel of land lying and being in the City of Savannah Beach, Tybee Island, Chatham County, Georgia and being known as a portion of Lot 1, Ward 5, Savannah Beach, Tybee Island, Georgia, as it appears on a map of the City of Savannah Beach, located at Deed Record Book 9 -T, page 42 and 43 of the records of the Clerk of the Superior Court of Chatham County, Georgia. Being more particu- larly described as beginning at the inter- section of Inlet Avenue and Butler Avenue proceeding in a generally Southerly direc- tion thirty -six (36') feet along the western boundary of Butler Avenue to a point, thence proceeding at a right angle to the tight- of-way of Butler Avenue twenty -seven (27') feet to a point on the easternmost right - of -way of Inlet Avenue; thence proceeding forty -six (46') feet along the Easternmost right -of -way of Inlet Avenue to a point, that being the POINT OF BEGINNING. 1 1 1 1 ADPOTED in open Council this 16th day of February, 1976. FIRST READING: SECOND READING: ENACTED: THE CITY OF SAVANNAH BEACH TYBEE ISLAND, GEORGIA Mayor City Clerk