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Tybee Island, Georgia
June 14, 1978
A regular meeting of the Tybee Island City Council was held
on Wednesday, June 14th, 1978 at 3:30 p.m. in the City Hall auditorium. Mayor
M. J. Counihan presided and the following members of Council were present:
William C. Fleetwood, John J. Owen, Jr., Edward Jung, Karen Losey, Jerome W.
Bettencourt and Nick C. Alexander. The City Attorney, W. Lance Smith, III was
also present, as was the City Administrator, Danny C. Johnson.
The first visitor to appear before Council was William Krapf,
who owns the apartments on Izlar Avenue. Mr. Krapf, by written petition, has re-
quested an adjustment on a water bill. After Mr. Krapf explained his problem, he
was informed by the Mayor that his petition was on the agenda and would be handled
during the regular business of Council.
The second visitor was Mr. Dwight Davis who wished to read a
letter he had received from the Corps of Engineers concerning some suggestions he
had given them on the beach renourishment project. The Mayor congratulated Mr.
Davis on his concern for the welfare of the project, and suggested that a letter
endorsing Mr. Davis' suggestions be forwarded to the Corps of Engineers.
The meeting was then opened for business legally presented.
The minutes of the meeting of May 10, 1978 were approved as
written.
Under Communications the Clerk read a letter from Sunshine
Ministries, Inc. which requested permission to hold a concert on the beach during
the weekend of the Fourth of July. Councilman Fleetwood moved to deny permission
and, after discussion, this motion was passed by a vote of five to one, with
Councilman Alexander opposing.
The bills for the month of May were approved as follows: for
General Government - $2,335.08, Water Department - $1,290.14, Sewer Department -
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$4,944.00, Police Department - $1,595.48, Meter Department - $54.65, Recreation
Department - $1,203.17, Sanitation Department - $1,902.80, and Public Works -
$6,801.75. A copy of these bills is attached to, and forms a part of, these
minutes.
Councilman Bettencourt then spoke movingly of the late Dexter
Bates, town librarian, and read the Optimist Creed, followed by a Resolution of
Respect for Mr. Bates, which he then moved be adopted by Council. The motion was
seconded by Councilman Fleetwood and unanimously carried. Mayor Counihan then
presented a copy of the Resolution to Mrs. Carolyn Bates, who was in the audience.
The Resolution read as follows:
RESOLUTION
After the presentation of the Resolution to Mrs. Bates, the
Mayor called for a moment of silent prayer for Mr. Bates.
Councilman Fleetwood then read a Resolution supporting Proposition
13 which is a move by taxpayers in California to cut ad valorem taxes. He then
moved the adoption of the Resolution and Councilman Alexander seconded the motion
which was passed unanimously. The Resolution read as follows:
RESOLUTION
The Second Reading of the Water /Sewer Ordinance was read and
Councilman Fleetwood moved its adoption. During discussion, Councilman Bettencourt
attempted to add an amendment stating that if adopted, the ad valorem taxes would
be reduced by one -half; the City Attorney advised Councilman Bettencourt that the
two issues are not related and that reduction of taxes should be in the form of a
separate motion. The Mayor stated that he supports Councilman Bettencourt's
position on ad valorem taxes. Councilman Owen stated that the new Water /Sewer
Ordinance involves a change in the structure of the rates, and does not necessarily
indicate an increase for the average user. There was further discussion involving
the possibility of charging a deposit for water use, and the present position of
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the City of holding landlords responsible for water use of their tenants was dis-
cussed at length. After this discussion, Councilman Owen seconded Councilman
Fleetwood;s motion and the new ordinance was adopted as written by a unanimous
vote. ORDINANCE
After the Third Reading of the Shore Protection Ordinance
Councilman Fleetwood moved its adoption. Councilwoman Losey seconded the motion
and the ordinance was passed with no dissenting vote.
ORDINANCE
The City Administrator then stated the need for a updated
building permit application. He suggested that the cost of the permit be based
on $21.00 per square foot of living space for new construction. The zoning
administrator, Earl Anderson, then explained to Council exactly how the new permit
would be implemented. After discussion the motion was passed unanimously. The
new permit will be prepared and put into use immediately.
Councilman Owen then explained that repairs are needed on the
elevated water tank on Butler Avenue. He stated that the City Administrator had
received several proposals and recommended the most favorable to Council. After
discussion the Council decided to postpone action on these reports until further
study is completed.
The City Attorney then announced that several vacancies on the
Planning Commission need to be filled. He stated that the records of the Planning
Commission were not clear and that after a lengthy study of the situation he had
the following recommendations for Council: (1) that the Planning Commission, in
the interest of coordination, always have one member from each of the following
sources: City Hall staff, City legal representation, and City Council, and (2)
that the newly structured Planning Commission consist of the following members:
Earl Anderson and Dr. Charles Peterson, who are serving current terms, and these
new appointments: Lance Smith for two years, Karen Losey for two years, Rose
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Elizabeth Daley for one year, Ed Fahey for four years and Dan Sheehan for three
years. The Mayor called for discussion and after a brief discussion Council
agreed unanimously to accept the recommendations of the City Attorney. The Planning
Commission will consist of those named above for the length of term indicated above.
The City Attorney recommended that a Quit Claim Deed be granted
to Rufus Benton for Lot 47, Pamela Terrace, PIN Number 4- 19 -3 -2. Councilman
Fleetwood moved the adoption of the Resolution to allow the Quit Claim Deed;
Councilman Bettencourt seconded it; the Resolution was adopted unanimously and read
as follows:
RESOLUTION FOR QUIT CLAIM DEED
Councilman Owen then brought before Council two petitions for
adjustments of water bills; one petition was from Mr. William Krapf who appeared
before Council as a visitor at the beginning of this session, the other was from
Mr. Thomas Gignilliat. After discussion among the members of Council, Councilman
Owen moved the denial of both petitions. This was seconded by Councilman Fleetwood
and unanimously carried. The City Administrator was instructed to inform both
petitioners in writing of Council's denial of their requests.
Councilman Fleetwood stated that an application for a business
license to sell suntan lotion on the beach had been received. After explaining
the matter to Council, he moved that the application be denied. Councilman Jung
seconded the motion and it was carried unanimously.
Councilman Fleetwood also reported that a decision should be
made on an application for a business license to run a parking lot on property
belonging to the water slides. After discussion it was decided to hold this
matter in abeyance until a parking plan was submitted.
Councilman Fleetwood then stated that bids had been received
on paving for the new North End parking area and access road. He recommended that
the low bids of $28,648.92 for the parking area and $26,224.32 for the work planned
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on the access road (Polk Street and Fort Avenue). Both these bids were received
from Porter Contracting Company. Councilman Fleetwood's motion was that these low
bids be accepted subject to the availability of funding for the project. After
a lengthy discussion Councilman Jung seconded the motion and it carried unanimously.
Councilman Alexander gave a report on the public safety /bathhouse
facility for 16th Street. He stated that the Department of Natural Resources has
requested that the building planned be relocated because the present site is within
the shore protection area. There was a lengthy discussion of this issue, but no
concrete action was taken by Council, pending further negotiations with the
Department of Natural Resources.
There being no further business, the meeting was adjourned to
the next regular or special called meeting of Council.
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AN ORDINANCE
AN ORDINANCE OF THE CITY OF TYBEE ISLAND,
GEORGIA, PROVIDING FOR THE REPEAL OF
SECTION 20 -22, CHAPTER 20, ARTICLE II,
WATER RATES SCHEDULE; AND SECTION 20 -48,
CHAPTER 20, ARTICLE III, SANITARY SEWERAGE
SERVICE CHARGES - SCHEDULE OF RATES, OF
THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND,
GEORGIA, AND DECLARING SAME TO BE NULL AND
VOID AND VOID AND OF NO EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF TYBEE ISLAND, GEORGIA, THAT:
That Section 20 -22, Chapter 20, Article II,
Water Rates Schedule; and Section 20 -48, Chapter 20, Article
III, Sanitary Sewerage Service charges - Schedule of Rates,
are hereby repealed and declared null and void and of no
effect.
It is the intention of the governing body, and it
is hereby ordained the Code of Ordinances, City of Tybee
Island, Georgia, may have its sections renumbered to accom-
plish the repeal of these ordinances.
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.
ENACTED in open Council this the 14th day of
June , 1978.
CITY OF TYBEE ISLAND, GEORGIA
BY:
ATTEST:
First Reading: May 10, 1978
Second Reading: June 14, 1978
Enacted: June 14, 1978
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AN ORDINANCE
AN ORDINANCE OF THE CITY OF TYBEE ISLAND,
GEORGIA, PROVIDING THAT THE CODE OF
ORDINANCES OF THE CITY OF TYBEE ISLAND,
GEORGIA, BE AMENDED BY ADDING A SECTION
TO BE NUMBERED CHAPTER 20, ARTICLE IV,
COMBINED WATER AND SEWER RATE SCHEDULE,
SECTION 20 -60 PROVIDING FOR COMBINED WATER
AND SEWER RATE CHARGES; 20 -61 PROVIDING
FOR BILLING, COLLECTION AND PENALTIES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF TYBEE ISLAND, GEORGIA, THAT:
The Code of Ordinances of the City of Tybee
Island, Georgia, be amended by adding a section to Chapter
20 to be numbered Article IV, and entitled Combined Water
and Sewer Rate Schedule, to read as follows:
ARTICLE IV
COMBINED WATER AND SEWER RATE SCHEDULE
Section 20 -60. WATER AND SEWERAGE CHARGES
(a) From and after the effective date of this
Ordinance there shall be established a water -sewer service
charge for each connection to the water - sewerage system
of the City of Tybee Island, Georgia, both inside and out-
side the City limits, and each water -sewer service customer
shall pay the appropriate water -sewer service charge
established herein.
(b) The rates for all water -sewer service
customers shall have a minimum base charge and said minimum
base charge shall be considered a set standard or readiness -
to -serve charge and will be charged whether the premises are
occupied or not. The stand -by minimum base charge, both
inside and outside the City limits, shall be $7.50 per month.*
(c) The rate charges for water -sewer service shall
be determined by the amount of water used and said charges
shall be as follows:
* The $7.50 per month charge shall consist of $2.50 per month
for water and $5.00 per month for sewer.
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Water $ .25 per thousand gallons
Sewer $ .50 per thousand gallons
Section 20 -61. WATER -SEWER SERVICE BILLING,
COLLECTION AND PENALTIES.
The procedures and methods for billing, collection
of the water -sewer charges established in Section 20 -60, and
the penalties for delinquent and nonpayment of said charges,
shall be in accordance with and as set out in Article II,
Section 20 -26 through Section 20 -28, and Article III, Section
20 -49 through Section 20 -50.
It is the intention of the governing body, and it
is hereby ordained that the Code of Ordinances, City of Tybee
Island, Georgia, may have its sections renumbered to accom-
plish the addition of this ordinance.
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.
ENACTED in open Council this the 14th day of
June , 1978.
CITY OF TYBEE ISLAND, GEORGIA
BY:
ATTEST:
First Reading: May 10, 1978
Second Reading: June 14, 1978
Enacted: June 14, 1978
ERK OF COUNCIL
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AN ORDINANCE TO AMEND THE ZONING ORDINANCE, CODE OF
ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, SO AS TO
INCORPORATE THE PROVISIONS OF THE SHORE PROTECTION
ORDINANCE, CODE OF ORDINANCES, CITY OF TYBEE ISLAND,
GEORGIA:
BE IT ORDAINED by the Mayor and the Council of the City of Tybee Island,
Georgia, in Council duly assembled, that it is hereby ordained by the authority
thereof that the Zoning Ordinance, Code of Ordinances, City of Tybee Island,
Georgia is hereby amended by adding thereto Article Seven which shall read as
follows:
ARTICLE SEVEN. SHORE PROTECTION LINE
Section A Definitions
1. "Person" means any natural person, firm, partnership, association,
corporation, board, utility, public or private institution, municipal corporation,
county, state agency or other legal intity.
2. "Shore Protection Area" means the area seaward of the Shore Protection
Line to the high water line, in which land and plants are protected under the
provisions of this ordinance.
3. "Shore Protection Line" means a line seaward of which land and plants
are protected under provisions of the Shore Protection Ordinance. Factors to be
considered in determining the location of the line shall include shoreline history,
wave exposure, dune formations, beach profiles, and artificial beach erosion con-
trol measures. These factors are evidenced by shore erosion patterns and dune
formations, and help to indicate the ability of the beach and sand dune to protect
the health and safety of residents and property.
a. The Shore Protection Line shall be located in accordance with the
standards for shoreline types indicated in Table 1 entitled Design Standards which
is attached hereto and by reference made a part hereof.
b. For clarification an example is shown herein of how a setback line
is interpreted from Table 1. For a shoreline area with a history of wave damage,
but has an 80 -foot wide high tide beach seaward of a cement seawall and does not
have a dune ridge within 40 feet of the seawall, the line is determined as such:
Basic Unit 50 feet
No Dune 0
Wave Damage Area +10
80' beach -10
50 feet
c. In natural areas that are historically stable the shore protection
line shall be located forty (40) feet landward of the crest of the most seaward
stable duneridge.
d. In natural areas that have a history of erosion the Shore Protection
Line shall be set back from the high water line as of the date the Shore Protection
Line was established. The setback shall be equal to twenty (20) times the yearly
erosion rate between 1897 and 1975. Said rate shall be determined by a registered
practicing geologist or hydrologist familiar with Tybee Island.
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e. The "wave damage area" is the area of shoreline generally between
the ruins of the old pilot dock and Seventh Street, which, according to historical
records and shore exposure, is susceptible to predominant storm waves capable of
causing erosion.
Section B. Establishment of Shore Protection Line
The Shore Protection Line shall be shown on the official Shore Protection
Map, which shall be kept at the City Council's offices where it will be available
for public reference from 10 a.m. to 4 p.m. every working weekday. The map by
reference is made a part hereof.
Section C. Reassessment of Shore Protection Line
The Mayor and City Council of Tybee Island shall employ a registered practicing
geologist or hydrologist familiar with Tybee Island to reassess the location of
the Shore Protection Line no less frequently than once every five (5) years.
Section D. Beach, Dune or Vegetation Disturbance
It shall be unlawful for any person in any manner to damage, destroy,
remove or alter in any way the beach, dunes, or vegetation thereon in the Shore
Protection Area without first having obtained a variance from the Tybee Island
Board of Zoning Appeals.
Section E. Criteria and Procedure for Granting Disturbance Variance
1. Restrictions on Variances
All uses or improvements proposed seaward of the Shore Protection Line
shall require a variance from the Tybee Island Board of Zoning Appeals. Variance
applications and /or requests for variances shall be accompanied by site plans and
other appropriate data required to indicate to the Board of Zoning Appeals that
the particular improvements proposed will not materially weaken the protective
functions of the beach, sand dunes or vegetation thereon, provided, however, that
nothing herein shall prohibit the City of Tybee Island, Georgia from constructing
or maintaining public parking facilities and access roads within the Shore Pro-
tection area without the necessity of the City obtaining a variance as required
within this section.
2. Findings Required and Standard to Apply
No variance shall be granted unless the applicant has presented evidence
to the Tybee Island Board of Zoning Appeals and the Board has found that the pro-
posed structure or activity will not materially reduce the effectiveness of the
beach and dunes as a means of protection from the effects of high wind and water.
3. Restricted Uses
Under no circumstances shall construction or development other than
authorized and permitted dune crosswalks or other structures necessary for the
health, safety and welfare of the people of Tybee Island be allowed seaward of a
line eighteen (18) feet landward of the seawall.
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4. Conformance with Zoning and Other Ordinanances
Only uses allowed in the respective zoning districts established by
the Tybee Island Zoning Ordinance shall be considered for a shore, dune or
vegetation disturbance variance. All other laws, rules and ordinances in
effect shall also apply to the area seaward of the Shore Protection Line.
5. Exemptions
The provisions of this Ordinance shall not apply to recreational
activities, such as swimming, sun bathing and picknicking or to public structures,
parking facilities and access roads presented owned, constructed or maintained
by the City of Tybee Island.
Section F. 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,
located within the Shore Protection Area is hereby declared to be a nonconforming
use. 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
eastward of the Shore Protection Line.
2. Vacant Use
A tract or structure of land which has housed a nonconforming use may
not continue in use after it has remained vacant for 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 fair market value, provided,
however, if a structure is not intentionally damaged or destroyed by the owner
or occupant, then the owner may reconstruct or repair the structure to a com-
parable status provided further that the structure does not occupy more land or
space than the original structure and the construction is begun within twelve
(12) months after the structure is destroyed or damaged.
Section G. Application to the Zoning Board of Appeals for the Granting of
Variances.
1. Procedure
The application for a variance will be in accordance with Article 6
of the Zoning Ordinance of the City of Tybee Island as amended except as other-
wise provided herein.
2. Notification and Public Hearing
Notice of public hearing shall be given in accordance with Article 6,
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Section B, of the Zoning Ordinance of the City of Tybee Island, and in addition
the Department of Natural Resources will be forwarded a copy of all amendments
to this article or applications by Certified Mail. The Department of Natural
Resources will be allowed 30 days from the date of posting to submit any re-
commendations to the Board of Zoning Appeals before the Board makes its decision.
Section H. Appeals to City Council
Appeals to City Council may be taken by any person or by any officer,
department, board of bureau of the municipality affected by any decision of the
Zoning Board of Appeals made under this Article. Such appeal shall be filed no
later than thirty (30) days after notification of the decision appealed from,
by filing with the Zoning Board of Appeals and with City Council a notice of
appeal specifying the ground thereof. The Zoning Board of Appeals shall forth-
with transmit to City Council all the papers constituting the record upon which
the action appealed was taken. City Council shall cause notice of the appeal to
be given to all interested persons and shall make a decision on the appeal within
forty -five (45) days after giving said notice.
Section I. Appeal from Decisions of City Council
Any person or persons severally or jointly aggrieved by any decision
of City Council under this article may take an appeal to the Superior Court.
Said appeal to the Superior Court shall be the same as an appeal to the
Superior Court from any decision made by Court of Ordinary as specified in
Chapter 6 -2 of the Code of Georgia except, however, that said appeal shall be
filed within thirty (30) days, and upon failure to file said appeal within
thirty (30) days, the said decision of City Council shall be final. Provided,
however, that on appeal said case shall be heard by the judge of the Superior
Court within a jury, unless one of the parties files a written demand for a
jury trial within thirty (30) days from the filing of the appeal.
Section J. 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 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 shall be
void and the same are hereby repealed.
ADOPTED IN OPEN COUNCIL THIS 14th DAY OF June , 1978.
MAYOR:
First Reading: April 12, 1978 ATTEST:
Second Reading: May 10, 1978
Adopted: June 14, 1978
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TABLE 1
DESIGN STANDARDS
(feet *)
SHORELINE TYPE
BASIC UNIT DUNERIDGE2 WAVE DAMAGE 80' WIDE
AREA HIGHTIDE BEACH3
Present Not Present
Cement Seawall 50 -10 0 +10 -10
Rock Seawall 55 -10 0 +10 -10
Wood Seawall
Maintained 70 -10 0 +10 -10
Delapidated 80 -10 0 +10 -10
Natural
Stable4
Eroding
-40 behind 1st stable and continuous duneridge
20 times (yearly erosion rate between 1897 - 1975)
1. Distance behind seawall.
2. Duneridge present within 40' of seawall (minimum: 6' high x 15' wide), if
not present, a duneridge may be created; however, it must duplicate all
physical and floral characteristics of adjacent natural dunes.
3. 80' wide high tide beach in front of seawall.
4. If no dune is present, a dune may be created no less than 80' behind the
stable mean high water line.
* In no case shall the design standard be less than 40' landward of a seawall.
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COUNTY OF CHATHAM )
STATE OF GEORGIA )
I, Michael J. Counihan, do solemnly swear that I will
faithfully discharge the duties devolved on me as Mayor of the City of
Tybee Island; that I will faithfully execute and enforce the laws and
ordinances of the City to the best of my ability, skill and knowledge;
that I will support and uphold the Constitution of the United States of
America and the Constitution and laws of the State of Georgia; SO HELP
ME GOD.
Sworn to and subscribed
before me this 3rd day
of July, 1'78.
ita441/1
MICHAEL J.
Geo s E. Oliver "
Judi- •f Superior Court
Chatham County, Georgia
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
I do solemnly swear that I will faithfully discharge the
duties devolved on me as City Attorney for the City of Tybee Island; that
I will faithfully execute and enforce the laws and ordinances of the City
to the best of my ability, skill and knowledge; that I will support and
uphold the Constitution and laws of the United States of America and the
Constitution and laws of the State of G- orgia; SO HELP ME
Sworn to and subscribed
before me this 3rd day of
July, 1978
George E. 0 fiver
Judge o perior Court
Chatham County, Georgia
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COUNTY OF CHATHAM )
STATE OF GEORGIA )
We, the undersigned, do solemnly swear that we will
faithfully discharge the duties devolved on us as Councilmen of the
City of Tybee Island; that we will faithfully execute and enforce the
laws and ordinances of the City to the best of our ability, skill and
knowledge; that we will support and uphold the Constitution and laws
of the United States of America and the Constitution and laws of the
State of Georgia; SO HELP US GOD.
William C. Fleetwood
John J. Owen, Jr.
Edward Jung
Karen Young Losey
Jerome W. Bettencourt
Al
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Sworn to and subscribed
before me this 3rd day
of July, •78.
ge E. Oliver
e of Superior Court
Chatham County, Georgia
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COUNTY OF CHATHAM )
STATE OF GEORGIA )
I, Nicholas C. Alexander, do solemnly swear that I will
faithfully discharge the duties devolved on me as Councilman of the
City of Tybee Island; that I will faithfully execute and enforce the
laws and ordinances of the City to the best of my ability, skill and
knowledge; that I will support and uphold the Constitution and laws of
the United States of America and the Constitution and laws of the State
of Georgia; SO HELP ME GOD.
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Sworn to and subscribed
before me this day
of , 1978
Judge of Superior Court
Chatham County, Georgia
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I HOLAS C. ALE