HomeMy Public PortalAbout20171219Packet.pdfTable of Contents
000_000_20171219Agenda....................................................................................................................................................................................... 1020_010_FC McColm Consulting....................................................................................................................................................................................... 2030_010_18-2017 Art 15 Soil Erosion Def 18 12.07.17....................................................................................................................................................................................... 35030_020_16-2017-B - REDLINE - STVR....................................................................................................................................................................................... 38030_021_16-2017-B ALTERNATIVE CLAUSES....................................................................................................................................................................................... 40030_022_16-2017-B - STVR fees CLEAN - rev 12.19.17....................................................................................................................................................................................... 41030_030__17-2017 rEGULATORY FEE 12.07.17....................................................................................................................................................................................... 45040_010_12.19.17 - Deed of Donation - REV....................................................................................................................................................................................... 48040_011_12.19.17 - Resolution - REV....................................................................................................................................................................................... 52
AGENDA SPECIAL MEETING OF TYBEE ISLAND CITY COUNCIL DECEMBER 19, 2017 4:30pm
Please silence all cell phones during Council Meetings
I. Call to Order
II. Consideration of Bids, Contracts, Agreements and Expenditures 1 Approval of bid proposal for Hazard Mitigation Grant Consultant
III. Consideration of Ordinances, Resolutions 1 Second Reading, 2017-18 Corrective Ordinance, Article 15, Soil Erosion, Sedimentation and
Pollution Control
2 Second Reading, 2017-16, Sec 34-262, Registration Fee/Renewal, STVR
3 Second Reading, 2017-17, Sec 58-179, Regulatory fee; Schedule
IV. Council, Officials and City Attorney Considerations and Comments
1 Bubba Hughes
i. Acceptance of Conveyance
2 Shawn Gillen
i. Crossovers: location and design
V. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard
section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.”
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1655454.1
CORRECTIVE ORDINANCE NO. 18-2017
AN ORDINANCE TO CORRECT THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO ARTICLE 15 RELATING TO SOIL EROSION, SEDIMENTATION AND
POLLUTION CONTROL,
TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, including the environment thereof; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, apparently through error, a portion of the definition reflected below was
omitted.
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of
Tybee Island that The Code of the City of Tybee Island, Article 15, Soil Erosion, Sedimentation
and Pollution Control, be corrected so that hereafter Definition No. 18, Final Stabilization, shall
read as hereinafter provided.
SECTION 1
The Code of Ordinances, Article 15, Soil Erosion, Sedimentation and Pollution Control,
Definition No. 18, Final Stabilization, shall be eliminated in its entirety and the following
substituted in its place.
SECTION 2 Article 15, Soil Erosion, Sedimentation and Pollution Control, Definition No. 18, Final
Stabilization, shall hereinafter read as corrected as follows:
Final Stabilization: All soil disturbing activities at the site have been completed, and
that for unpaved areas and areas not covered by permanent structures and areas located outside
the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal,
100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or
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greater, or landscaped according to the Plan (uniformly covered with landscaping materials in
planned landscape areas), or equivalent permanent stabilization measures as defined in the
Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate
for the region). Final stabilization applies to each phase of construction.
SECTION 3
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 4
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 5
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 6
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2017.
______________________________ MAYOR
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ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/571.000001/Ordin/18-2017, Soil Erosion, Def 18 12.07.17
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" S e c . 3 4 - 2 6 2 . - R e g u l a t o r y R e g i s t r a t i o n f e e / r e n e w a l .
( a ) T h e s h o r t - t e r m v a c a t i o n r e n t a l a p p l i c a t i o n s h a l l b e a c c o m p a n i e d b y a n i n i t i a l r e g u l a t o r y r e g i s t r a t i o n f e e a n d b e s u b j e c t t o a n a n n u a l r e g i s t r a t i o n f e e e v e r y J a n u a r y 1 t h e r e a f t e r , a s e s t a b l i s h e d b y t h e m a y o r a n d c i t y c o u n c i l .
( 1 ) T h e 2 0 1 6 r e n t a l r e g i s t r a t i o n f e e s h a l l b e $ 0 . 0 0 p e r r e n t a l u n i t .
( 2 1 ) T h e a n n u a l r e g u l a t o r y r e g i s t r a t i o n f e e t h e r e a f t e r s h a l l b e $ 1 0 0 . 0 0 2 5 . 0 0 p e r r e n t a l u n i t . A n a p p l i c a t i o n r e g i s t r a t i o n f e e i s v a l i d w h e n c o m p l e t e d a n d f i l e d a l o n g w i t h p a y m e n t o f t h e f r o m t h e d a t e t h e c o m p l e t e d r e g i s t r a t i o n a p p l i c a t i o n i s f i l e d w i t h t h e c i t y a n d p a y m e n t o f t h e r e g i s t r a t i o n r e g u l a t o r y f e e h a s b e e n m a d e . T h e a n n u a l r e g i s t r a t i o n f e e s h a l l b e d u e J a n u a r y 1 o f e a c h y e a r f o r s h o r t t e r m r e n t a l p u r p o s e s a n d , i f n o t p a i d w i t h i n 9 0 d a y s t h e r e o f , s h a l l b e s u b j e c t t o t h e d e l i n q u e n c y a n d p e n a l t y i e s p r o v i s i o n s o f s e c t i o n 5 8 - 1 6 3 a s a p p l i c a b l e t o o c c u p a t i o n t a x . / b u s i n e s s l i c e n s e p r o v i s i o n s a s w e l l a s t h e r e v o c a t i o n o f a n y r i g h t t o u s e t h e u n i t f o r s h o r t t e r m r e n t a l p u r p o s e s u n t i l p a y m e n t o f t h e p e n a l t i e s a n d f e e . . E v e r y p e r s o n
h o l d i n g a l i c e n s e a s s p e c i f i e d h e r e i n s h a l l s e c u r e t h a t l i c e n s e w i t h i n 9 0 d a y s a f t e r J a n u a r y 1 o f e a c h y e a r , a n d p a y f o r s a m e a s h e r e i n p r o v i d e d
[ I n a d d i t i o n t o t h e r e g u l a t o r y f e e l i c e n s e a s s p e c i f i e d h e r e i n , t h e a p p l i c a n t s h a l l a l s o p a y t h e
r e q u i r e d o c c u p a t i o n t a x e a c h y e a r . ] .
( b ) E a c h p r o p e r t y s h a l l b e i s s u e d a r e g i s t r a t i o n n u m b e r .
( c ) F a i l u r e t o r e g i s t e r a s p r e s c r i b e d b y t h i s l a w w i l l r e s u l t i n a f i n e o f $ 1 0 0 . 0 0 f o r e a c h m o n t h t h a t t h e u n i t
c o n t i n u e s t o o p e r a t e w i t h o u t r e g i s t r a t i o n .
( d ) T h e a n n u a l r e g i s t r a t i o n o f a u n i t a n d t h e r e g u l a t o r y f e e i s a r e n o t t r a n s f e r r a b l e . . a n d I n t h e e v e n t s h o u l d o w n e r s h i p o f a u n i t c h a n g e s a n d e v e n i f t h e r e i s n o c h a n g e i n t h e m a n a g e m e n t c o m p a n y m a n a g i n g t h e u n i t , t h e f e e u p o n o w n e r s h i p c h a n g e s h a l l b e $ 1 0 0 i f t h e c h a n g e o c c u r s p r i o r t o J u l y 1 o f t h e y e a r a n d $ 5 0 i f a f t e r
J u l y 1 o f t h e y e a r s a m e m a n a g e m e n t c o m p a n y c o n t i n u e s t o m a n a g e t h e p r o p e r t y .
( e ) I n t h e e v e n t a m a n a g e m e n t c o m p a n y c h a n g e s , a n e w r e g i s t r a t i o n w i l l b e r e q u i r e d w i t h a f e e o f $ 2 5 . 0 0 t o c o v e r a d m i n i s t r a t i v e c o s t s . I n t h e e v e n t a m a n a g e m e n t c o m p a n y c h a n g e s , t h e u n i t i s t o b e r e - r e g i s t e r e d b y n o t i c e t o t h e c i t y a n d t h e r e g u l a t o r y f e e w i l l b e $ 5 0 i s t h e m a n a g e m e n t c o m p a n y c h a n g e i s a f t e r J u l y 1 ; o t h e r w i s e , t h e f e e i s $ 1 0 0 .
"
" S e c . 3 4 - 2 6 4 . - S i g n s .
A l l o n e - a n d t w o - f a m i l y S T V R u n i t s s h a l l p o s t a s i g n v i s i b l e f r o m t h e s t r e e t l i s t i n g e m e r g e n c y c o n t a c t
n a m e a n d p h o n e n u m b e r . S u c h s i g n s h a l l n o t e x c e e d 2 4 i n c h e s � 2 4 i n c h e s . T h e e m e r g e n c y c o n t a c t n a m e a n d n u m b e r s h a l l b e t h e S T V R a g e n t a s r e q u i r e d b y S e c t i o n 3 4 - 2 6 0 ( d ) u n l e s s o t h e r w i s e s p e c i f i e d t o a n d a p p r o v e d b y t h e c i t y s t a f f a n d a n y r e n t a l a g e n c y i n v o l v e d . T h e p u r p o s e o f t h e r e q u i r e d s i g n i s t o e n a b l e o f f i c e r s a n d t h i r d p a r t i e s t o i d e n t i f y a p p r o p r i a t e c o n t a c t s f o r i s s u e s w i t h t h e p r o p e r t y a n d / o r t h e o c c u p a n t s a n d , t h e r e f o r e , t h e s i g n s h a l l b e l o c a t e d a t s u c h l o c a t i o n s a s a p p r o v e d b y s t a f f c o n s i s t e n t w i t h t h a t p u r p o s e .
M u l t i - f a m i l y u n i t s s h a l l p o s t a s i g n v i s i b l e f r o m o u t s i d e t h e u n i t l i s t i n g t h e r e q u i r e d e m e r g e n c y c o n t a c t n a m e a n d p h o n e n u m b e r . M u l t i - f a m i l y u n i t s s h a l l n o t S u c h s i g n s s h a l l n o t e x c e e d 8 � i n c h e s � 1 1 i n c h e s . V A l l s u c h s i g n s s h a l l b e l o c a t e d a t l o c a t i o n s a p p r o v e d b y s t a f f c o n s i s t e n t w i t h t h e p u r p o s e o f t h e s i g n
r e q u i r e m e n e t s . a r i a n c e s t o t h i s s i g n r u l e m a y b e a d m i n i s t e r e d b y s t a f f .
( O r d . N o . 2 0 1 6 - 0 7 B , 5 - 2 6 - 2 0 1 6 )
" S e c . 3 4 - 2 6 5 . - E m e r g e n c y c o n t a c t .
F o r m a t t e d : S p a c e B e f o r e : 0 p t , A f t e r : 2 . 4 p t , N o b u l l e t s o r n u m b e r i n g , F o n t A l i g n m e n t : A u t o
2 0 1 7 1 2 1 9 C i t y C o u n c i l P a c k e t P a g e 3 8 o f 6 0 2 0 1 7 1 2 1 9 / j r l
All STVR units shall be furnished with a telephone that is connected to a landline or similar type connection, including a voice over internet protocol, in order that 911 dispatch may be able to readily identify the address and/or location from where the call is made when dialed. STVR applicants and agents
are to work with city staff as to the implementation of such emergency contact facilities or equipment and, until the appropriate connection for emergency contact is established, occupancy of the STVR location without the connection is prohibited.
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C:\Users\mdavis\Documents\16-2017-B ALTERNATIVE CLAUSES.docx
• ALTERNATE CLAUSES:
34-262,
(a) The regulatory fee shall be in the amount established by the mayor and council and on file in the
office of the clerk of council and the building/development development office of the City.
(d) The fee for the new owner shall be the amount established by the mayor and council and on file
in the office of the clerk of council and the building and zoning office of the city.
(e) In the event a management company changes, the unit is to be re-registered by notice to the
city and the regulatory fee specified by the mayor and council will be one-half of the orfinary fee if the
change is made after July 1; otherwise, the fee is to be the full amount as specified by the mayor and
council.
34-264.
All STVR units shall post a sign visible from the street listing emergency contact name and phone number.
Such sign shall not exceed 24 inches × 24 inches. The emergency contact name and number shall be the STVR
agent as required by Section 34-260(d) unless otherwise specified to and approved by the city staff and any
rental agency involved. The purpose of the required sign is to enable officers and third parties to identify
appropriate contacts for issues with the property and/or the occupants and, therefore, the sign shall be located
at such locations as approved by staff consistent with that purpose.
GASTER REVISED: Sec. 34-264. Signs.
All one- and two-family STVR units shall post a sign visible from the street listing the emergency contact
name and phone number. Such sign shall not exceed 24 inches x 24 inches. The emergency contact
name and number shall be the STVR agent as required by Section 34-260(d) unless otherwise approved
by the city staff. Such signs are required to be readily visible, as the purpose of the required sign is to
enable city officers and third parties to identify appropriate contacts for issues with the property and/or
the occupants. Multi-family units shall post a sign visible from outside the unit listing the required
emergency contact name and phone number. Multifamily unit / Condominium unit signs shall not
exceed 12x18 inches. All such signs shall be located at locations consistent with the purpose of the sign
requirements. City staff can approve alternate sign locations as needed for unique circumstances.
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1611398.1
ORDINANCE NO. 16-2017-B
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO THE OPERATION OF SHORT TERM RENTAL
PROPERTIES AND TO MAKE CHANGES THEREIN TO ELIMINATE AMBIGUITIES AND TO CLARIFY THE IMPOSITION OF
REGULATORY FEES OF SUCH PROPERTIES
AND TO REVISE REQUIREMENTS REGARDING
EMERGENCY NOTIFICATION AND FOR OTHER PURPOSES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia;
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police,
zoning, and home rule powers;
WHEREAS, the Code of Ordinances at Sections 34-260 through 34-265 deal with
the topic of short term rentals; and
WHEREAS, the operation of short term vacation rental properties necessitates
additional City time and resources devoted to the specific operation of such properties;
and
NOW, THEREFORE, Be it ordained by the Mayor and Council of the City of
Tybee Island in open meeting that the Code of Ordinances, Sections 34-262 through 34-
265, be amended so that hereafter the sections and subsections addressed below shall read
as hereinafter provided.
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1611398.1
SECTION 1
The Code of Ordinances is hereby amended as to Sections 34-262(a), and (d), 34-
264 and 34-265 so that hereafter the section and
• Sec. 34-262. – Regulatory fee/renewal.
(a) The short-term vacation rental application shall be accompanied by an initial
regulatory fee and be subject to an annual fee every January 1 thereafter, as established
by the mayor and city council.
(1) The regulatory fee shall be $100 per rental unit. An application is
valid when completed and filed along with payment of the application
regulatory fee. The fee shall be due January 1 of each year for short term rental purposes and, if not paid within 90 days thereof, shall be subject to
the delinquency and penalty provisions of section 58-163 as applicable to
occupation tax/business license provisions as well as the revocation of any
right to use the unit for short term rental purposes until payment of the
penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year.
(b) Each property shall be issued a registration number.
(c) Failure to register as prescribed by this law will result in a fine of $100.00 for each
month that the unit continues to operate without registration.
(d) The annual registration of a unit and the regulatory fee are not transferrable.. In the
event ownership of a unit changes and even if there is no change in the management
company managing the unit, the fee upon ownership change shall be $100 if the change occurs prior to July 1 of the year and $50 if after July 1 of the year.
(e) In the event a management company changes, the unit is to be re-registered by notice to the city and the regulatory fee will be $50 if the management company change
is after July 1; otherwise, the fee is $100.
• Sec. 34-264. - Signs.
All one- and two-family STVR units shall post a sign visible from the street listing emergency contact name and phone number. Such sign shall not exceed 24 inches × 24 inches. The emergency contact name and number shall be the STVR agent as required
by Section 34-260(d) unless otherwise specified to and approved by the city staff and
any rental agency involved. The purpose of the required sign is to enable officers and
third parties to identify appropriate contacts for issues with the property and/or the occupants and, therefore, the sign shall be located at such locations as approved by staff consistent with that purpose.
Multi-family units shall post a sign visible from outside the unit listing the
required emergency contact name and phone number. Multi-family units shall not
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1611398.1
exceed 8½ inches × 11 inches. All such signs shall be located at locations approved by
staff consistent with the purpose of the sign requirements.
Section 34-265 is deleted in its entirety.
SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance
shall be declared illegal or invalid by the valid judgment or decree of any court of
competent jurisdiction, such illegality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the Code of
Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplish such intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council
pursuant to the ordinances of the City.
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1611398.1
ADOPTED THIS DAY OF , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/Ordinances 2017/16-2017-A STVR FEES 12.06.17 16-2017-B revised 12.19.17
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1611398.1
ORDINANCE NO. 17-2017
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO REGULATORY FEES FOR SHORT TERM VACATION
RENTALS AND TO CLARIFY THE IMPOSITION OF REGULATORY FEES OF SUCH PROPERTIES
AND FOR OTHER PURPOSES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia;
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police,
zoning, and home rule powers;
WHEREAS, the operation of short term vacation rental properties necessitates
City time and resources devoted to the operations of such properties beyond the time and
resources necessary for other properties; and
WHEREAS, revisions thereto are appropriate and necessary in connection with
registration/regulatory aspects.
NOW, THEREFORE, Be it ordained by the Mayor and Council of the City of
Tybee Island in open meeting that the Code of Ordinances, Sections 58-179, be amended
so that hereafter the chart entitled Miscellaneous shall read as hereinafter provided.
SECTION 1
The Code of Ordinances is hereby amended as to Section 58-179 so that hereafter
the chart entitled Miscellaneous of such section shall hereinafter read as provided below:
Sec. 59-179. Regulatory fees; schedule.
. . .
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1611398.1
Miscellaneous
License Classification Fee
Advertising, off-premises (billboards) TIC Sec. 8-4-24: —32 square feet (4'×8') $50.00
—128 square feet (8'×16') $75.00
—192 square feet (12'×16') $100.00
—288 square feet (12'×24') $125.00
Amusements, itinerant (circus, carnival) TIC 7-1-1/7-1-4 $75.00 per day;
$600.00 maximum
Beach equipment, beach vehicle, and watercraft rental, per site TIC
9-3-30/9-3-36 $300.00
Book and magazine canvasser; registration fee $45.00
Building and construction contractors, subcontractors and tradesmen,
licensed in another jurisdiction; registration fee $20.00
Escort $500.00
Live entertainment $50.00
Masseuse $250.00
Private Parking Lots Residentially Zoned 1.00
Commercial $200.00
Promoter — special events, pageants, festivals, exhibitions, sporting events, shows, etc.
—Per single event TIC 7-1-1/-4 $50.00
—Transient merchant TIC 9-1-20 $75.00 per day
Short term vacation rentals $100 per STVR unit as provided
in Sec 34-256 et seq
Transient rentals; registration fee $45.00
Vendor, festival hawker $25.00 per day
Vendor, arts and crafts $25.00 per event
SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance
shall be declared illegal or invalid by the valid judgment or decree of any court of
competent jurisdiction, such illegality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance.
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1611398.1
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the Code of
Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplish such intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council
pursuant to the ordinances of the City.
ADOPTED THIS DAY OF , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Tybee/Ordinances 2017/17-2017 Reg fees 12.07.17
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STATE OF GEORGIA )
)
COUNTY OF CHATHAM )
DEED OF DONATION THIS DEED, made and entered into this ______ day of December, 2017, by and between
LOWER BAY ST. PROPERTIES, LLP, a limited liability partnership created and existing under
the laws of the State of Georgia, as Grantor, and THE CITY OF TYBEE ISLAND, GEORGIA, a
municipal corporation chartered and existing under the laws of the State of Georgia, as Grantee
(“Grantor” and “Grantee” to include their respective successors, legal representatives and assigns
where the context requires or permits).
W I T N E S S E T H :
That Grantor, as a donation to Grantee and in confirmation of Grantor’s donative intent,
does hereby grant, bargain, and sell, convey and confirm unto Grantee, and its successors and
assigns, for public purposes, the following described tract or parcel of land, to wit:
All that certain lot, tract, or parcel of land situate, lying, and being in the City of
Savannah Beach, Tybee Island, Chatham County, Georgia, shown and designated
as Lot Number Four (4), Block 9, Fort Screven Ward, upon a plat of survey dated
October 2, 2013, prepared by Bert B. Barrett, Jr., Georgia Registered Land Surveyor No. 2225, and recorded in the Office of the Clerk of the Superior Court
of Chatham County, Georgia, in Plat Record Book 48-P, Page 10, said plat being
incorporated herein by reference and being made a part hereof for better
determining the metes, bounds, courses and dimensions of the property herein
described.
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TO HAVE AND TO HOLD the said premises, together with all and singular the rights,
members, hereditaments and appurtenances thereof, to the same being, belonging or in anywise
appertaining, to the only proper use, benefit, and behoof of Grantee forever in fee simple, subject
only to the matters (hereinafter referred to as “Permitted Exceptions”) set out in the attached
Exhibit “1”, which Exhibit is incorporated herein.
AND, Grantor will warrant and forever defend the right and title to the above-described
Property unto Grantee against the claims of any persons owning, holding or claiming by, through
or under Grantor, except for the claims arising under or by virtue of the Permitted Exceptions.
IN WITNESS WHEREOF, Grantor has executed this Deed as of the date first above
written.
LOWER BAY ST. PROPERTIES, LLP
By: _______________________________
William C. Fleetwood, Jr. Managing Partner
Signed, sealed, and delivered on
this ______ day of December, 2017, before the undersigned:
________________________________
Witness
________________________________
Notary Public
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DONATION ACCEPTED BY:
CITY OF TYBEE ISLAND, GEORGIA
By: _______________________________
Barry Brown, Mayor Pro Tem
Attest: ____________________________
City Clerk
Signed, sealed, and delivered on
this ______ day of December, 2017, before the undersigned:
________________________________
Witness
________________________________
Notary Public
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Exhibit “1”
Permitted Exceptions
1. All real estate taxes for the year of 2018 and subsequent years, and assessments, whether or
not they are of record.
2. Applicable subdivision and zoning ordinances and all other restrictions and regulations imposed
by governmental authorities.
3. All existing and recorded underground utility easements which do not materially interfere with
the use of the premises.
4. All existing and recorded instruments containing covenants, terms, provisions, conditions,
restrictions, reservations, agreements, limitations, and easements which affect the premises, except for
any existing deed to secure debt, mortgage or similar encumbrance which is not canceled or
extinguished by Grantor at or prior to donation.
5. Rights, if any, relating to the construction and maintenance of improvements on the premises in
connection with any public utility of wires, poles, pipes, conduits and appurtenances thereto, on, under
or across the premises, pursuant to existing and recorded easements.
6. Restrictions on Grantee’s ability to build upon or use the premises imposed by any current or
future building or zoning ordinances or any other law or regulation of any government authority.
7. The obligation of Grantee, and Grantee’s assigns, to pay any and all costs or charges directly
related to Grantee’s contemplated use of the premises including, but not limited to, all governmental
impact fees as well as any aid-to-construction fees, capital recovery fees, tap fees, fees for subdivision
approvals and development permits, or other fees required prior to connecting to public facilities for
water, sewer, and wastewater treatment services.
8. Access to the subject property.
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RESOLUTION
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION
DEED IN CONVEYANCE OF CERTAIN REAL PROPERTY FROM LOWER
BAY ST. PROPERTIES, LLP, AS A GIFT TO THE CITY OF TYBEE ISLAND;
AUTHORIZING THE EXECUTION AND RECORDATION OF CERTAIN
DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING
FURTHER AUTHORITY.
WHEREAS, Lower Bay St. Properties, LLP (“Grantor”) owns certain real property lying
and being situated in the City of Tybee Island, Georgia, known as Lot Number Four (4), Block 9,
Fort Screven Ward (the “Property”), as more particularly described in the form of Deed of
Donation attached hereto as Exhibit “A” and incorporated herein for all purposes (the “Deed”);
and,
WHEREAS, Grantor desires to voluntarily convey the Property and all improvements
thereon, if any, as a donation to the City in conjunction with the City’s Marine Science Center
Project, to be owned and held for unrestricted public purposes; and,
WHEREAS, the City desires to accept the donation of the Property subject to the terms
and conditions of the Deed, and the Mayor and Council have determined that it is in the public
interest for the City to accept the donation and conveyance of the Property; and,
WHEREAS, the Mayor and Council desire to authorize the City Manager to execute such
documents and to expend such funds as are necessary to complete the donation and conveyance
of the Property to the City;
NOW, THEREFORE, be it ordained by the Mayor and Council of Tybee Island, Georgia,
as follows:
Section One. The Mayor and Council hereby authorizes the acceptance of the donation
and conveyance of the Property from Grantor as a donation to the City of Tybee Island, Georgia,
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for use for any valid public purpose and approves the Deed of Donation in substantially the form
attached hereto as Exhibit “A”. The Property shall be conveyed by the Deed of Donation with
general warranty provisions.
Section Two. The City Manager, City Clerk, and City Attorney is each hereby
authorized to execute any and all documents necessary to effect the donation and conveyance of
the Property as a donation to the City, including, without limitation, the acceptance and
recordation of the Deed of Donation in the Office of the Clerk of the Superior Court of Chatham
County, Georgia. All taxes due shall be paid on the Property prior to the written acceptance by
the City. The City Manager is authorized to pay such reasonable costs of the transaction as may
be necessary.
Section Three. Nothing herein or in the conveyance shall be deemed to restrict the use of
the Property by the City or the City’s right to convey or transfer any interest therein.
Section Four. This resolution shall be in full force and effect from and after its passage
and approval as provided by law.
ADOPTED by the Mayor and Council of Tybee Island, Georgia, and approved by the
Mayor this ______ day of December, 2017.
________________________________________ BARRY BROWN, Mayor Pro Tem
Attest:
__________________________________ City Clerk
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Exhibit A
To Resolution
Form of Deed of Donation
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STATE OF GEORGIA )
)
COUNTY OF CHATHAM )
DEED OF DONATION THIS DEED, made and entered into this ______ day of December, 2017, by and between
LOWER BAY ST. PROPERTIES, LLP, a limited liability partnership created and existing under
the laws of the State of Georgia, as Grantor, and THE CITY OF TYBEE ISLAND, GEORGIA, a
municipal corporation chartered and existing under the laws of the State of Georgia, as Grantee
(“Grantor” and “Grantee” to include their respective successors, legal representatives and assigns
where the context requires or permits).
W I T N E S S E T H :
That Grantor, as a donation to Grantee and in confirmation of Grantor’s donative intent,
does hereby grant, bargain, and sell, convey and confirm unto Grantee, and its successors and
assigns, for public purposes, the following described tract or parcel of land, to wit:
All that certain lot, tract, or parcel of land situate, lying, and being in the City of
Savannah Beach, Tybee Island, Chatham County, Georgia, shown and designated
as Lot Number Four (4), Block 9, Fort Screven Ward, upon a plat of survey dated
October 2, 2013, prepared by Bert B. Barrett, Jr., Georgia Registered Land Surveyor No. 2225, and recorded in the Office of the Clerk of the Superior Court
of Chatham County, Georgia, in Plat Record Book 48-P, Page 10, said plat being
incorporated herein by reference and being made a part hereof for better
determining the metes, bounds, courses and dimensions of the property herein
described.
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TO HAVE AND TO HOLD the said premises, together with all and singular the rights,
members, hereditaments and appurtenances thereof, to the same being, belonging or in anywise
appertaining, to the only proper use, benefit, and behoof of Grantee forever in fee simple, subject
only to the matters (hereinafter referred to as “Permitted Exceptions”) set out in the attached
Exhibit “1”, which Exhibit is incorporated herein.
AND, Grantor will warrant and forever defend the right and title to the above-described
Property unto Grantee against the claims of any persons owning, holding or claiming by, through
or under Grantor, except for the claims arising under or by virtue of the Permitted Exceptions.
IN WITNESS WHEREOF, Grantor has executed this Deed as of the date first above
written.
LOWER BAY ST. PROPERTIES, LLP
By: _______________________________
William C. Fleetwood, Jr. Managing Partner
Signed, sealed, and delivered on
this ______ day of December, 2017, before the undersigned:
________________________________
Witness
________________________________
Notary Public
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DONATION ACCEPTED BY:
CITY OF TYBEE ISLAND, GEORGIA
By: _______________________________
Barry Brown, Mayor Pro Tem
Attest: ____________________________
City Clerk
Signed, sealed, and delivered on
this ______ day of December, 2017, before the undersigned:
________________________________
Witness
________________________________
Notary Public
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Exhibit “1”
Permitted Exceptions
1. All real estate taxes for the year of 2018 and subsequent years, and assessments, whether or
not they are of record.
2. Applicable subdivision and zoning ordinances and all other restrictions and regulations imposed
by governmental authorities.
3. All existing and recorded underground utility easements which do not materially interfere with
the use of the premises.
4. All existing and recorded instruments containing covenants, terms, provisions, conditions,
restrictions, reservations, agreements, limitations, and easements which affect the premises, except for
any existing deed to secure debt, mortgage or similar encumbrance which is not canceled or
extinguished by Grantor at or prior to donation.
5. Rights, if any, relating to the construction and maintenance of improvements on the premises in
connection with any public utility of wires, poles, pipes, conduits and appurtenances thereto, on, under
or across the premises, pursuant to existing and recorded easements.
6. Restrictions on Grantee’s ability to build upon or use the premises imposed by any current or
future building or zoning ordinances or any other law or regulation of any government authority.
7. The obligation of Grantee, and Grantee’s assigns, to pay any and all costs or charges directly
related to Grantee’s contemplated use of the premises including, but not limited to, all governmental
impact fees as well as any aid-to-construction fees, capital recovery fees, tap fees, fees for subdivision
approvals and development permits, or other fees required prior to connecting to public facilities for
water, sewer, and wastewater treatment services.
8. Access to the subject property.
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Exhibit “1”
Permitted Exceptions
1. All real estate taxes for the year of 2018 and subsequent years, and assessments, whether
or not they are of record.
2. Applicable subdivision and zoning ordinances and all other restrictions and regulations imposed by governmental authorities.
3. All existing and recorded underground utility easements which do not materially interfere
with the use of the premises. 4. All existing and recorded instruments containing covenants, terms, provisions,
conditions, restrictions, reservations, agreements, limitations, and easements which affect the
premises.
5. Rights, if any, relating to the construction and maintenance of improvements on the premises in connection with any public utility of wires, poles, pipes, conduits and appurtenances
thereto, on, under or across the premises, pursuant to existing and recorded easements.
6. Restrictions on Grantee’s ability to build upon or use the premises imposed by any current or future building or zoning ordinances or any other law or regulation of any governmental authority.
7. The obligation of Grantee, and Grantee’s assigns, to pay any and all costs or charges
directly related to Grantee’s contemplated use of the premises including, but not limited to, all governmental impact fees as well as any aid-to-construction fees, capital recovery fees, tap fees, fees for subdivision approvals and development permits, or other fees required prior to
connecting to public facilities for water, sewer, and wastewater treatment services.
8. Access to the subject property.
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