HomeMy Public PortalAbout19820628SCMeeting31
Tybee Island, Georgia
June 28, 1982
A special meeting of the Tybee Island City Council was called by
Mayor- pro -tem William C. Fleetwood, in the absence of Mayor Michael J. Counihan,
on Monday, June 28th, 1982. This meeting was called for the purpose of accepting
a grant from the Governor's Emergency Fund to be used for emergency stabilization
of the Tybee Island seawall, and no other business was transacted.
A majority of the City Council were contacted, and approved the
Resolution and contract as follows: Council members approving and signing were:
Julianne J. Meyers, Jerome W. Bettencourt, John J. Owen, Jr. and William C.
Fleetwood. There were no opposing votes. Councilmen James L. Fabrikant, Jr.
and Nick C. Alexander were unavailable at the time of the signing; however, a
majority was available for signing, and the Resolution passed without dissent.
There being no further business, the meeting was adjourned.
Mayor- pro -tem
2.
,,,C.C.4.541.01A-Aft, -(-1)64.0•S
lerk of Council
NOTE: COPIES OF RESOLUTION, COMMISSIONER'S LOITER, AND CONTRACT ARE AT'T'ACHED TO,
AND BECOME A PART OF, THESE MINUTES.
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STATE OF GEORGIA
COUNTY OF
A RESOLUTION APPROVING A CONTRACT
AND AUTHORIZING ACCEPTANCE OF A
GRANT FROM THE GOVERNOR'S EMERGENCY
FUND FOR RECREATIONAL PURPOSES
WHEREAS, THE CITY OF TYBEE ISLAND has made
,application to the governor for a grant TO BE USED FOR B E1 E ICY
STABILIZATION OF THE TYBEE ISLAND SEA WIZ,
WHEREAS, the Governor has responded to this request by an
allocation to the Department of Natural Resources of $20,000.00
from the Governor's Emergency Fund for the purpose of providing
a financial grant -in -aid; NOW, THEREFORE, BE IT RESOLVED AND
IT IS HEREBY RESOLVED THAT THE CITY-OF TYBEE- ISLAND CITY COUNCIL
1. hereby approves the contract between the Department
of Natural Resources, State of Georgia, and
Island
; and
the City of Tybee
2. understands and agrees to be bound by all the terms
and conditions of said contract; and
3. accepts with gratitude the generous grant by Governor
George Busbee; and
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4. hereby authorizes and directs the Mayor- pro -tem
and the Clerk of Council to sign documents and to execute this
agreement by and on behalf of the City of Tybee Island.
READ AND DULY ADOPTED BY THt
a meeting held this 28th day of June
ATTEST:
, 1982
STATE OF GEORGIA
ARTICLES OF AGREEMENT
THIS AGREEMENT made and entered into this day of
in the year of Nineteen Hundred Eighty Two
(1982) by and between the DEPARTMENT OF NATURAL RESOURCES
(hereinafter referred to as the "DEPARTMENT "), whose address
is 270 Washington Street, S. W., Atlanta, Georgia 30334,
acting for and on behalf of the State of Georgia, and the
CITY OF TYBEE ISSLAND (hereinafter referred to as the "GRANTEE ")
whose address is Post Office Box 128, Tybee Island, Georgia
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W I T N E S S E T H
WHEREAS, the provision of adequate public recreation and
park facilities, equipment, and areas; the preservation of
scenic, historical, ecological, and scientific sites, and the
safe maintenance of such areas and facilities is an obligation
of State government and a benefit to all the people; and
WHEREAS, the Ga. Laws 1937, pp. 264, 275 as amended
(Ga. Code Ann. Sec. 43 -124), requires the DEPARTMENT to provide
the above mentioned services and facilities; and
WHEREAS, the DEPARTMENT is authorized by Ga. Laws
1974, p. 273, (Ga. Code Ann. Sec. 43 -1707) to make grants as
funds are available to any county, municipality, local govern-
ment or combination thereof to further or assist in furthering
any of the services, purposes, duties or responsibilities or
functions vested in the DEPARTMENT; and
WHEREAS, the GRANTEE has an emergency need to employ a
qualified consultant to prepare a feasibility study for a pro-
posal seawall along the southern end of Tybee Island, Chatham
County, Georgia and the cost of this study is higher than may
be adequately borne by the GRANTEE; and
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WHEREAS, the Governor has made-available to the DEPARTMENT
the sum of $20,000.00 from his emergency funds to assist the
GRANTEE with the above project;
NOW, THEREFORE, in consideration of the promises, condi-
tions and covenants hereinafter set forth, the parties hereby
agree as follows:
(1) The GRANTEE agrees by the necessary negotiations,
agreements, contracts and use of its own personnel and facili-
ties to:
(a) utilize the financial grant -in -aid to help
offset expenses of performing emergency maintenance on
the southend seawall at Tybee Island;
(b) develop, operate and maintain the facili-
ties for all of the people of the State of Georgia;
(c) execute and complete this PROJECT by the
31st day of December, Nineteen Hundred.Eighty Two
(1982);
(d) maintain satisfactory financial accounts,
documents, and records on this project and to submit
them to the DEPARTMENT upon completion of the PROJECT
or upon the DEPARTMENT'S request for retention and
possible auditing.
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(2) The DEPARTMENT will, in consideration of such under-
takings by the GRANTEE, pay to the GRANTEE the sum of TWENTY
THOUSAND DOLLARS ($20,000.00) upon the signing of this Agree-
ment by both parties thereto.
(3) The GRANTEE and the DEPARTMENT mutually agree: that
this Agreement is based upon the condition that if the GRANTEE
fails to perform fully that which it herein- agrees to perform,
this contract shall be void and of no effect and in such event,
any funds thus far paid by the DEPARTMENT to the GRANTEE shall
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be returned, and shall be due and owing to said DEPARTMENT,
but if such condition is fully and truly performed, this
Agreement shall be and remain in full force and effect.
(4) The failure of the DEPARTMENT at any time to require
performance by the GRANTEE of any provision thereof, shall in
no way affect the right of the DEPARTMENT thereafter to en-
force the same, nor shall the waiver by the DEPARTMENT of any
breach of any provision hereof be taken or held to be a
waiver of any succeeding breach of the provision or as a
waiver, modification or rescission of the contract itself.
This agreement and the proceeds of this agreement may not
be assigned nor may the performance thereunder be assigned
except with the prior written consent of the Commissioner
of Natural Resources.
(5) The GRANTEE convenants that it presently has no
interest and shall not acquire any interest, direct or in-
direct, which would conflict in any manner or degree with
the performance of services required to be performed under
this Agreement. The GRANTEE further covenants that in the
performance of this Agreement it will not contract with or
employ any such person, firm, corporation or association
having any such interest.
(6) The parties to this Agreement certify that the pro-
visions of law contained in the Act prohibiting full -time
appointive officials and employees of the State from engaging
in certain transactions affecting the State, approved
February 13, Nineteen Hundred Fifty -Six (1956) (Ga. Laws
1956, p. 60), as amended, and unofficially codified in
Sections 85 -913 through 85 -918 of the Ga. Code Annotated,
have not and will not be violated in any respect in regard
to this Agreement.
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(7) If the Contractor is a nonprofit contractor as defined
in Subsection (1)(b) Ga. Laws 1976, p. 1414, as amended, then
the Contractor agrees to comply with the provisions of said
Act, and in particular the requirements of Section 3 thereof,
and with such further instructions and requirements as the
State of Georgia may subsequently require in the implementation
of said Act.
(8) This Agreement and all rights, privileges and respon-
sibilities shall be interpreted and construed according to the
laws of the State of Georgia.
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(9) This Agreement is at all times subject to applicable
State and Federal laws, standards, rules and regulations now
existing or which may be hereafter enacted or adopted.
(10) This Agreement represents the sole and complete
understanding of the terms of this Agreement between the
parties hereto and may be amended, changed or modified only
by a written document signed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agree-
1 ment to be given effect as of the day and year first above
written.
GEORGIA DEPARTMENT OF NATURAL
RESOURCES
BY:
WITNESS JOE D. TANNER, COMMISSIONER
THE S S
GRANTEE: CITY OF TYBEE ISLAND
BY:x
W.M. Fleetwood, Mayor pro tein
Julianne Meyers
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Jr<e Eixnuer
RECYCLEODQe■ SPAPER
COMMISSIONER
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pejrxrtme itt of 'cNatur iI ilestrurces
270 WASHINGTON ST.. S.W.
ATLANTA. GEORGIA 30334
(404) 656.3500
June 23, 1982
The Honorable Michael J. Counihan
Mayor, City of Tybee Island
Post Office Box 128
Tybee Island, GA 31328
Dear Mayor Counihan:
As you are aware, Governor George Busbee has approved a Governor's
Emergency Fund Grant in the amount of $20,000 for performing
emergency maintenance on the southend seawall at Tybee Island.
You will find enclosed several documents which need to be executed
prior to July 1, 1982, by appropriate officials. (1) A Resolution
authorizing acceptance of the grant, (2) A Grant Contract, (two
signed copies) and (3) Resolution Certificate.
Please complete each document and forward all copies as quickly
as possible to Lonice Barrett, Room 815, 270 Washington Street,
S. W., Atlanta, Georgia 30334. Upon receipt of these documents
the contracts will be executed, processed and a check issued to
the City. My staff is preparing a news release which will be
distributed to your area news media.
If you have any questions concerning this process, please contact
Lonice Barrett at 404 - 656 -3500.
JDT:cb
Enclosures (4)
Si cerely,
D. Tanner
cc Senator Tom Coleman
Representative Bobby Phillips
Tom Perdue
AN EQUAL EMPLOYMENT /AFFIRMATIVE ACTION EMPLOYER