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19830309CCMeeting1 1 1 82 Tybee Island, Georgia March 9, 1983 The regular monthly meeting of the Tybee Island City Council was held on Wednesday, March 9, 1983 at 7:30 p.m. at City Hall. Mayor Charles J. Hosti presided and the following members of the City Council were present: Jim Fabrikant, Jeanne Hutton, John Wylly, Sebastian J. Orsini, Klima McCutchen and Jeanne W. Bettencourt. Mr. John Ranitz acted as City Attorney in the Absence of Mr. Thomas J. Mahoney, Jr. Mayor Hosti welcomed an usually large audience, asking if any visitors wished to speak. First to respond was Mr. Robert Duffy, President of the local Chamber of Commerce. He brought an illustrated brochure advertising Tybee Island, asking that the City underwrite the cost of $3,900.00. He spoke briefly of the financial condition of the Chamber of Commerce, stating that the group hopes to be self - sufficient next year, and explaining plans for a membership drive, but asking that the city continue to support their program at present by providing the cost of the brochures. Mayor Hosti thanked Mr. Duffy and it was noted that this matter will be discussed again during the business portion of the meeting. Mr. David Steele , Tybee Cable Television, Inc., spoke next, explaining a plan for a change in the basic service offered and an increase of $3.95 per month for basic service, with the addition of four new channels to the service. He offered the following statistics: the company now has 643 customers; converters have been issued to all but 154 of these customers; approximately 20 of the converters have been illegally retained by customers moving away; the new rate will allow the company to provide converters to every customer, thus eliminating the advantage of appropriating one illegally. Mayor Hosti promised to consider this request during the business portion of the meeting. The next guest was Ms. Patricia Lynes, representing the Tybee Island Jaycee - ettes. She requested that her club be allowed to :sponsor a fishing tournament to be held fran 9 a.m. until 6 p.m. on August 21st. This was placed on the agenda for consideration during the business meeting. Mrs. Mary McAfee spoke next, asking about the storm drainage in the area of Sixth to Eighth Streets. Mayor Hosti informed her that Mr. Oscar Fultz of Chatham County Mosquito Control Commission has looked at the problem and will send equipment down to open up these ditches. Property owners along 1 1 1 83 Miller Avenue will be contacted for permission to open a new drainage ditch as well. Mr. Joe Fobes was the next visitor. He explained that he is speaking for Spearman's Apartments, and several other apartment owners, protesting the recent change in water /sewer rate structure. The change, charging base charges for each unit, is discriminatory in their opinion, since motels and hotels do not pay such a charge per unit. Councilperson Orsini replied that a great deal of study went into preparing the ordinance, but that he does realize that certain inequities exist and that there is a difficulty in dis- tinguishing between various kinds of rental property, and defining the terms in the ordinance so that no one pays more than his fair share. He asked for time to reconsider, inviting each person concerned to carne by and talk with him during office hours, and promised that he will work toward a solution that will be fair to all. Joan Guyer of Cobbs Apartments was the next speaker, complaining of being flooded by ocean water last week. She asked whether plans for storm drainage are still being considered. Councilperson Hutton explained that Phase One of the drainage project for the south end is complete; and that additional storm drainage was planned for the area, but funds did not allow completion last year. Councilperson Fabrikant agreed, stating that he had hoped to be able to remedy the problem last year when he was in charge of the storm drainage project, but that funds were nom available. Mrs. Guyer stated that Mr. Fabrikant was very sympathetic to her problem, and thanked him. Councilperson Hutton suggested a meeting on site, and Mrs. Guyer agreed. There were no other visitors who wished to speak. Minutes of the meeting of February 9, 1983 were approved upon motion of Councilperson Fabrikant, seconded by Councilperson Orsini, and unanimously acopted. Bills for the month of February, 1983 were approved as follows: for the Water Department - $2,837.83, Sewer Department - $2,229.44, Fire Department - $1,277.91, Public Works - $2,672.05, Sanitation - $2,289.22, Police Department - $5,979.27, Parking Meters - $46.39, Ceramics - $1,217.31, Recreation - $57.53, General Government - $3,693.88. SEPCO Bills totalling $4,864.74 and telephone bills totalling $1,267.38 were also approved for payment. Councilperson Fabrikant reported that the Police Department logged 250 calls for the month of February. He also announced that auxiliary power is now available for emergency communications. 1 1 1 84 Councilperson Hutton announced that Mr. William Pye has been transferred from the Water /Sewer Department to Public Works, and is the new Department HPa9. A new dump truck has been ordered, and a dump trailer is being considered for use in emptying trash containers along the beach. Sunkist is giving the city 100 trash barrels as a part of their advertising campaign. This year's attack on litter is three- pronged: stricter enforcement of ordinances, more efficient removal of trash, and public awareness. A meeting was held on March 7th with representatives of local organizations who have been asked to sponsor an activity directed at getting the attention of litterers. A logo has been adopted; a banner will be placed in about a week - until then the logo is secret. A banner was chosen because it's temporary. The sign ordinance is currently undergoing revision and we didn't want to add another nonconforming sign. Mayor Hosti cammended Councilperson Hutton and Councilperson Fabrikant added that the Police Department has been instructed to make as many littering cases as possible to prove to the public that we are serious about our local beach ordinances. Ordinances against drinking in public will also be strictly enforced. Councilperson Wylly announced that an accounting firm has been hired to do the annual audit: Brewin, Boswell & James is the firm chosen fran five bids for the work. Councilperson Wylly then read a Resolution authorizing acceptance of a $5, 000.00 Recreation Emergency Fund grant from the Department of Natural Resources intended to help defray costs of repairing the sidewalks and railings in the public parking lot from 16th to 18th Streets. These facilities had been removed in,order to place riprap against the wall for stabilization of the wall where erosion threatened to cause it to fail. Councilperson Wylly moved adoption of the Resolution; Councilperson Bettencourt seconded and the vote was unanimously in favor. A copy of the Resolution is attached to, and becomes a part of, these minutes. Councilperson Wylly then explained that our local State Representative Bobby Phillips introduced a House Resolution ( #239) establishing a study committee for Tybee's erosion problem. The committee will be formed of House members and will be invited to visit Tybee for a first -hand look at our erosion problems. He also explained that no more riprap will be placedthis year, but more will probably be placed at the end of the season provided the proinised $20,000.00 intunds from the Governor is received. 1 1 1 85 Mayor Hosti added that he believes the riprap saved the wall during the northeasters this winter, and that it was done at no cost to the local taxpayers. Councilperson Bettencourt reported that Ceramics classes have good attendance and receipts are good. The City Basketball League play is nearly finished; softball will soon be starting. Eight mens teams and six women teams are planned; a towar of 310 adults will participate in the program active- ly as players. The league is for Tybee people primarily, and this will be emphasized in this year's league rules. He also noted that two slides have been purchased - one for Jaycee Park and one for Memorial Park. Tybee Museum has submitted an annual report which is accepted as information. Councilperson MCCutchen then reported that bids are being taken for repair of walls and ceiling in the Fire Station. She then reported that tonight will mark the finish of a 40 -hour First Responder Medical Course and that 20 people, mostly volunteer firemen, will qualify for First Responder duty. Before'theprogram can be set up, a van must be purchased and equipped, and bids have been received to purchase such a vehicle for approximately $8,500.00. She stated that other expenses, such as communications equipment, will increase the initial cost of the program by several thousand dollars more. She then moved that City Council approve the initial cost of the program, and Bettencourt seconded. The vote was unanimously in favor. There was a lengthy discussion about how to set up a system for volunteers to answer calls - the instructors had suggested that everyone answer at first because it would increase their experience and knowledge, but the majority of Council seemed concerned that the person being treated might be overwhelmed by such a response. Whether some pay for persons actually res- ponding to a call would cause legal complications; individual liability and liability of the city and its officials was also discussed. Mayor Hosti asked the attorney, Mr. Ranitz, for an opinion and he stated that he believes the service would be a municipal governmental service and governmental immunity would apply. He also believed that no'difference- would-be encounteered if technicians were paid. Councilperson McCutchen also recognized Dean and Janis Nichols in the audience and thanked than publicly for a recent donation to the Fire Department. Mayor Hosti commended Councilperson McCutchen for her work toward establishing the First Responder, stating that it is a service the community has long wanted. 1 1 1 86 Councilperson Orsini reported that a recent evaluation of the Waste Water Treatment Plant shows that an expenditure in excess of $10,000.00 is needed for repairs and maintenance. He added that study will continue on the rate structure so as to equalize the impact of the increases on those apartment and roaring -house owners who are concerned about the basic charge per unit. Mayor Hosti commended Councilperson Orsini for the tremendous job he has done, stating that the treatment plant has been in compliance every month in spite of the difficulties encountered while attempting to renovate the facility. The Chamber of Commerce's request for $3,900.00 for brochures was next brought up, with Councilperson Orsini moving to grant the funds and Coun- cilperson Mc:Cutchen seconding the motion. It was agreed that the brochures are needed to promote tourism, thus bringing business to island merchants, and the motion passed unanimously. Councilperson Fabrikant then moved to allow the rate increase requested by Tybee Cable TV, Inc., and Councilperson Orsini seconded. Mayor Hosti remind- ed the Council that such action should be reviewed by the City Attorney, and with this stipulation, the notion passed without dissenting vote. The Jaycee - ettes' request for permission to hold a fishing tournament on August 21st was next considered. Councilperson Orsini said that this should bring good, legitimate business to Tybee and moved that it be allowed; Council- person McCutchen seconded the notion and it passed unanimously. A letter fran Governor Joe Frank Harris inviting Tybee to enter a Community nity Betterment program was read and accepted as information. Certification of the resolution establishing Tybee Island Downtown Development Authority, dated February 14, 1983, and signed by Max Cleland, Secretary of State of the State of Georgia was read into the record and becomes a part of these minutes. A letter dated February 17, 1983 from George B. Lewis, Manager of Policy Regulation for the National Flood Insurance Program was read and accepted as information. This letter explained that Tybee Island property owners who are insured will be checked for the proper rating of their property for the next three years to insure that each insured property owner is being rated and charged correctly for their flood insurance. A letter to Governor Joe Frank Harris from Mayor Hosti, dated Febru- ary 11, 1983 was read. This letter was one of appreciation to the Governor for his promised Emergency Fund Grant of $20,000.00. 87 A letter from Bobby R. Gillham, Special Agent of the FBI, dated February 24, 1983, and addressed to Police Chief John J. Price, was read. The letter carunended the police for their help in apprehending a bank robber. He especially commended Patrolman Chuck McAuliffe and Sergeant Revin Barry. A letter to the Elections Board of Chatham County asking the Board to act as Superintendent in a local referendum was read. The referendum is needed to adopt Charter Changes, including changing the date of the municipal election to the first Tuesday in November in every odd - numbered year, beginning in November, 1983. A copy of this letter, and of the legislation, is attached to and becomes a part of, these minutes. The Second Reading of an ordinance amending the City Charter was introduced by Councilperson Fabrikant and read by Mr. Ranitz. Councilperson Fabrikant then moved that the ordinance, mostly pertaining to the -state traffic codes, be adopted. Councilperson Bettencourt seconded and the vote was unanimous- ly in favor. A copy of the ordinance is attached to, and becomes a part of, these minutes. Councilperson Hutton introduced a Resolution aocepti; g a contract for LARP re- paving. The contract offers re- paving for 2.20 miles of Tybee city streets. Councilperson Hutton noted that the city had requested more than 4 miles of re- paving, but that these 2.20 miles are being allowed under this aontfact. We , ;wil3 continue t� seek funding for the others.0 She then moved the Resolution be adopted; Councilperson Wylly seconded and the motion passed unanimously. A copy of the Resolution, and a list of the included streets, is attached to and becomes a part of, these minutes. Mayor Hosti announced that a petition requesting annexation has been circulated and that it is believed that 60% of the registered voters and the owners of 60% of the property, as required by state law, have signed this petition. The area included is contiguous to the present city limits and extends out to a small creek west of Breezy Point, on both sides of Highway 80, and includes the area of divided highway leading into the present city limits. Mr. Ranitz read a memorandum on the subject prepared by Mr. Mahoney explaining that the petition should be sent to the Chatham County Board of Registrars for verification. After verification the city must hold a Public Hearing, no less than 15 days, nor more than 45 days from the announcement by the City Council that the petition is valid. Mayor Hosti then requested that the City Clerk turn over the petition to the City Attorney for forwarding to the County Board of Registrars. 1 1 1 88 Mayor Hosti then announced his recommendation of Mrs. Mary L. McAfee to fill the vacancy on the Tybee Island Planning Commission. Mrs. McAfee replaces Mr. James Lynes whose term expires on March 14, 1983. Her term begins immediately thereafter, and will expire on March 1, 1987. This appointment was unanimously endorsed by the City Council. First Reading of an ordinance to repeal Section 10 -1 -35 through 10 -1 -39 of the local code of ordinances was introduced by Councilperson Hutton who explained that this would eliminate parking decals for free parking at metered spaces. It was explained by Councilperson Wylly that too many requests from non- residents for decals have led to loss of revenues fran parking meters. Other discussion highlighted that the official decals were intended to be very limited, beginning the first year with the issuance of only 13. These decals, used for non- residents, have grown more numerous yearly - this year it was decided not to order any of these because the local ordinance makes no allowance for such decals, but only for decals issued to people whose ad valorem taxes on their automobiles are paid to Tybee Island, or to people who wish to purchase a decal for $15.00 each. Councilperson Hutton moved that the ordinance be repealed; Councilperson Fabrikant seconded. During discussion it was explained that many unpaid volunteers have been given the official parking decals as thank -yous, and that volunteer firemen and coonunittee members, etc. are accustomed to being recognized in this manner. It was also noted that these decals have been used for political purposes, and that elected officials have been able to obtain as many as they wished. Considerable and lengthy discussion followed; Mayor Hosti allowed many members of the audience to speak. Citizens seeped unanimously agreed that the ordinance, as written, should be followed exactly. This would allow citizens of the town to continue to receive their decals, but would eliminate issuing decals to anyone whose automobile is not registered with Tybee Island as the address, unless that person is willing to pay $15.00 per decal. The motion died for lack of support since no member of Council wished to record a vote in favor of the repeal of the ordinance. There will be no Second Reading. A promise was made that a storm drainage problem on Eighteenth Street and Chatham would be investigated at the request of Mrs. Janis Nichols. There being no further business, the meeting adjourned. UJEI K F C. UNC: MAYOR STATE OF GEORGIA ) COUNTY OF CHATHAM ) 1 R E S O L U T I O N WHEREAS, at the regular meeting of the City Council of the City of Tybee Island, Georgia, held on March 9, 1983, a motion was made and duly seconded that the City of Tybee Island agree to the terms of the contract between the Georgia Department of Natural Resources and the City of Tybee Island authorizing the Mayor to execute said contract on behalf of the City and accept the grant provided for in said contract in the amount of $5,000.00. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, Georgia, that the terms and conditions of the contract between the Georgia Department of Natural Resources and the City of Tybee Island are hereby agreed to, that the Mayor is authorized and empowered to execute said contract and any subsequent amendments thereto on behalf of the City and the grant provided for in said contract in the amount of $5,000.00 is hereby accepted to be used under the terms and conditions of said contract. Read and unanimously adopted in the regular meeting of the City of Tybee Island City Council held on March 9, 1983. 1 BY: 1 CITY OF TYBEE ISLAND, GEORGIA 88A 1 ENROLLMENT rnnt -e:+ 19 The Committee of the House on Journals has examined the within and finds the same properly enrolled. Speaker of the House Clerk House • President of the Senate Received Secretary of the Senate ZiraiLAL Secretary. Executive Department This - —_ day ofa Approved Governor r This day of ll 19 g3 H. B. No. —_ Act No. (general jAsscnthlp, AN ACT To amend an Act incorporating the City of Tybee Island, so as to change the provisions relat- ing to the governing body of said city; and for other pikposes. IN HOUSE Read 1st time a -3 .g3 Read 2nd time a .4' -23 Read 3rd time a And AyesIlb NaysO Clerk of the N uo IN SENATE Read Ist time .2 -8' ea Read 2nd time 2 - /,S -93 Read 3rd time .2 . /6'83 And Passed Ayes 0 Nays O c '{ Reps. Phillips off of the By. Hamilton of the 124th, Trip- lett of the 128th, and others 88B r 1 AN ACT To amend an Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2877) and by an Act approved March 17,.1978 (Ga. L. 1978, p. 4093), so as to change the provisions relating to the governing body of laid city; to change the provisions relating to fines authorized to be imposed by the recorder's court; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2877) and by an Act approved March 17, 1978 (Ca. L. 1978, p. 4093), is amended by striking the word "councilman" or "councilmen" wherever the same appear in said Act- and inserting in lieu thereof the word "councilperson" or "councilpersons ", respectively. Section 2. Said Act is further amended by striking Sections 19 and 20 in their entirety and substituting in lieu thereof new Sections 19 and 20 to read as follows: "Section 19. On the first Tuesday in November of each odd - numbered year, beginning in 1983, a regular election shall be held in the City of Tybee Island at the city hall or at such other place or places as the H. B. No. 395 - 1 - city council may designate for the election of a mayor and six councilpersons, who shall have the qualifications specified in this charter to hold such office. Any incumbent mayor or incumbent councilperson who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself or herself for office or for office as a member of the city council. Section 20. The mayor and six councilpersons who shall be elected at the regular elections provided for by Section 19 of this charter and who shall be qualified at the time to assume the office to which elected shall take office on the first Monday in December immediately following the regular election, beginning in 1983, or as soon thereafter as possible upon the completion of the election and shall serve for terms of two years and until their successors are elected and qualified. The terms of office of the mayor and councilpersons which would expire on June 30, 1984, under previously existing provisions of this charter are shortened to expire on the first Monday in December, 1983, or upon the mayor and six councilpersons who are elected at the 1983 regular election taking the oath of office." Section 3. Said Act is further amended by striking subsection (c) of Section 44 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) The judge or other presiding officer in the court shall have full power and authority to sentence, upon conviction for violation of the city ordinance.or upon conviction of a state law where jurisdiction is inherent, applicable or waived, any offender to labor H. B. No. 395 - 2 - 1 1 1 upon the streets or other public works in said city for a period not exceeding 12 months or to confinement or imprisonment in the city or county prison for a period not exceeding 12 months or to impose a fine not exceeding 51,000.00; and one or more of said penalties or any part of one or all of them may be imposed in the discretion of the presiding judge." Section 4. Not less than ten nor more than 20:days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Tybee Island to issue the call for an election for the purpose of submitting this Act to the electors of the City of Tybee Island for a` approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act providing for election of the mayor and councilpersons of the City NO of Tybee Island in odd - numbered years beginning in 1983 and shortening terms of office in connection therewith and changing provisions relative to penalties for the violation of city ordinances be approved ?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one -half H. B. No. 395 - 3 - 1 of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by City of Tybee Island. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed. H. B. No. 395 - 4 - Mohr* Is Mr.e, 31n.leeq w....r• s10•.e .o/, O•4)•0 N. 1117....4. el 1. O...pl. O.rw.1 a..une1T. N l.. .44* CMnr 1 1444 01 re.. I Y4.1. O..r14. b •.:lea. M Gam, 1.9 .1 cadet, ch... pro.41e... 01. 0..0g4. el the W... al Wks l.r Mom d Co,..0. see 8..034 of apeelel. 1W1s. and Ice .0rr Wm gams. • .Ia..e.i..1. 0• r.1W,ed. 0006T 1%11.1.145 Meq...l•llo, RSU 0Ye4. P.00f od be 10. 0... . On.O.. A.. 417.13.2. 124 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Phillips , who, on oath, deposes and says that he is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, Ion the following dates: January 5, 12, 19, 1983 Sworn to and subscribed before me, this 19 83 1st day of February _Ca{ ¶ , (.t 7 Y 2 i(Ltn s .:e1• PHILL S Representative, 125th District Notary Fva:ic s /Cathy Ann Walls 0U, '.w...e . 1, I9& (SEAL) • H. B. No. X95 to efiezz Waand, Yee/zeta"? VJ moo/ Jia.4 a1 �eal cit2d itestek, cesetek dzal a copy of the resolution establishing the "DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF TYBEE ISLAND, GEORGIA" has been duly filed with the Office of the Secretary of State on the 14th day of February, 1983, in accordance with Title 69 -15B, Georgia Code Annotated, as the same appears of file and record in this office. 67 IN 'TES'TIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta. this of our Lord Three 14th day of February in the year One Thousand Nine Hundred and Eighty and of the Independence of the United States of Anterie.i the '1 wo hundred and Sven. SECRETARY OF STATE, EX— OFFICIO CORPORATION COMMISSIONER OF THE STATE OF GEORGIA 88C PHYLLIS L. CARY CITY TREASURER ROWENA B. FRIPP CLERK OF COUNCIL THOMAS J. MAHONEY, JR. CITY ATTORNEY, RECORDER PHONE 786 -4573 MAYOR CHARLES J. HOSTI CITY OF TYBEE ISLAND Executive Offices — City Hall P.O. Box 128 TYBEE ISLAND, GA. 31328 February 23, 1983 Elections Board of Chatham County P.O. Box 10011 Savannah, GA 31412 Attention: Ms. Jean Trapani 88D SEBASTIAN J. ORSINI. MAYOR PRO TEM CITY COUNCIL JEROME W. BETTENCOURT JAMES L FABRIKANT, JR. JEANNE MOONEY HUTTON KILMA J. McCUTCHEN JOHN C. WYLLY, JR. Dear Ms. Trapani: The City of Tybee Island requests that the Elections Board of Chatham County supervise a referendum for the city intended to change the date of the municipal elections. Tentatively, we'd like this referendum to take place concurrently with a Special Statewide Election to be held on May 3, 1983. We are attaching a copy of the Act recently passed by the State Legislature, and will welcome your response to our request. Thank you. CC: Thomas J. Mahoney, Jr., City Attorney 1 Sincerely, GALL Charles J. osti Mayor 1 Ordinance No. 3 71983 ORDINANCE 88E AN ORDINANCE AMENDING THE MUNICIPAL CHARTER AND CERTAIN SECTIONS THEREOF, AND REPEALING ALL OTHER ORDINANCES AND SEC;r'IONS OF THE CHARTER IN ODNFLICT HEREWITH: Said changes to read as follows: Section 10 of the Charter shall delete the figure $300.00 per year and substitute in lieu thereof $600.00 per year. Section 18 of the Charter shall delete the words "Georgia Code Annotated, Section 34A -102" and substitute in lieu thereof "Official Code of Georgia Annotated, Section 21- 3 -14." Said Section shall also delete the words "Georgia Code Annotated, Sections 34A -101 through 34A- 1601" and substitute in lieu thereof "Official code of Georgia Annotated, Sections 21 -3 -1 through 21 -3- 422." Section 26 of the Charter shall delete the words "Georgia Code, Section 34A- 506" and substitute in lieu thereof "Official Code of Georgia Annotated, Section 21 -3- 123." Section 32 of the Charter shall delete the words "Section 34A- 1407" and substitute in lieu thereof "Official Code of Georgia Annotated, Section 21 -3- 407." Section 34 of the Charter shall delete the words "Chapter 34A -13" and substitute in lieu thereof "Official Code of Georgia Annotated, Title 21, Article 10 of the Georgia Municipal Election Code." Section 46 of the Charter is hereby deleted in its entirety and substituted in lieu thereof is the following: "SEC. 46, ADOPTION OF TRAFFIC LAWS: In order to insure complete uniformity and to expedite enforcement, the following portions of the Official Code of Georgia Annotated are hereby adopted as City Ordinances and incorporated by reference herein: Code Sections 120 -124, both inclusive, of Chapter 5 of Title 40 Code Sections 1 -395, both inclusive, of Chapter 6 of Title 40 Code Sections 1 -6, both inclusive, of Chapter 7 of Title 40 Code Sections 1 -291, both inclusive, of Chapter 8 of Title 40 excepting Code Sections 5, 132, 180, 181, 182, 183, 184, 185, 220, 221, 222, 223, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 260, 261, 262, 263, 264, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, and 291, provided, however, that the words "Chief of 1 1 Police and Members of City of Tybee Island Police Department" shall be substituted for the words "The Commissioner of Public Safety and Members of the Department of Public Safety, and such other officers and employees of the Department as the Commissioner may designate" in Section 200 of Chapter 5 of Title 40. Section 47 of the Charter shall delete the words "Section 36-301 et seq." and substitute in lieu thereof "Official Code of Georgia Annotated, Section 22 -1 -8, et seq." Section 66 (kk) of the Charter shall delete the words "under Section 36- 202 et seq. of the Code of Georgia or other applicable public laws" and substitute in lieu thereof the following: "and for such other purposes, property may be acquired by condemnation as provided for under the Official Code of Georgia Annotated or other applicable public laws." BE IT THEREFORE ORDAINED, by Mayor and Council, in Open Council assembled, that Sections 10, 18, 26, 32, 34, 46, 47 and 66(kk) of the Municipal Charter of the City of Tybee Island, Georgia, be adopted hereby, and that all sections in conflict with same are hereby declared null and void and of no effect. First Reading: February 9, 1983 Second Reading: March 9, 1983 Effective Date: March 9, 1983 THE CITY OF TYBEE ISLAND, GEORGIA 1 1 1 DOT 508 -C REVISED 4 -72 RESOLUTION COVERING ACQUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS GEORGIA, Chatham COUNTY WHEREAS, the Department of Transportation in cooperation with the County of Chatham desires to construct a road between See Attached and see Attached known as naxmemnmcc Project No. LAU- -8530- -(51) in Chatham County. AND, WHEREAS, the project will extend within the corporate limits of the municipality, town, or city of Tybee Island , Georgia. It is resolved, that we, the Mayor and Members of the Council (or other officer or officers) charged with the management of the finances of said municipality, and the legally authorized agents of such do hereby agree to procure for the Department of Transportation in cooperation with the County of Chatham , in accord with pertinent agreements and regulations, any and all rights of way that may, in the opinion of the Department of Transportation be necessary to the proper construction and maintenance of the above named project and according to survey and plans made by engineers of the Department of Transportation, within the limits of said municipality. And in consideration of the construction of said Highway within the incorporated limits of said municipality, the City of Tybee Island , agrees to remove any existing structures or obstructions as provided in pertinent agreements and to prevent any future encroachments upon the right of way limits of said Highway not covered by permits duly issued by the Department or the City; and furthermore agrees, obligates, and binds itself in accordance with Title 68 Georgia Code that it will not pass any laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the free movement of vehicular traffic on said Highway, including angle parking, nor erect any traffic signals, towers, or lights on the said right of way without written consent of the Department of Transportation. We further agree that upon notice of award of contract on the above numbered project, we will arrange with managers of various utility companies and municipal departments to place underground plants in a satisfactory state of repair except where this phase of work is covered by agreements. The municipality further agrees to assume responsibility for and cooperate with the Utility Owners in the moving, setting back, replacing or lowering of all consumers' service connections including gas lines, telephone lines, electric power lines, water mains and sanitary sewer connections to clear construction by one foot, whether such facilities are publicly or privately owned except where this phase of the work is covered by agreements. It is further agreed that after construction is completed on off - system projects no new or additional utilities facilities will be allowed to encroach on the rights of way for this project except under permit issued by the City in accordance with the Rules and Regulations of the Department. We further agree to protect the Department of Transportation and said County or its agents from any claim or damages whatsoever that might be occasioned through the fulfillment of the foregoing conditions, and to defend all suits that may arise by virtue thereof. This COUNCIL: day of 11L Ali. I hereby ertify that I am Clerk of the city, town, or municipality, (as the case may be) of the official acts of the authorities charged with the management of the business of said municipality; and the within,pnd foregoing constitutes a true and orrect copy of a resolution passed on the 9 day of ti� ,193 , and entered on the minutes of said officers. )NCIL: • This the 8 8F 1 1 LAU !:l: '[' f PROJECT LAU- -8530- -(51) COUNTY Chatham I, C. J. Hosti , Mayor of the city of Tybee Island Georgia, do hercby certify that the streets or sections of streets described below and shown. in color on the attached sketch are dedicated public streets in the City of Tybee Island , Georgia. Name of. Street From — To Eight St. Eleventh St. Center St. Nineth St. Chatham Ave. Venetian Way Jones Ave. The City of Tybee Island US-80 Fast .To Fhd US -80 East To End US-80 Fast To End Jones Ave. East To US-80 15th St. North To Venetian Way 12th St. to Chatham Ave. 2nd Ave. to 17th St. Length 0.11 Mile 0.15 Mile 0.07 Mile 0.12 Mile 0.15 Mile 0.21 Mile 1.39 Miles 2.20 Total Miles further agrees to hold the Department of Trans -- portation of Georgia harmless from all suits or claims that may arise from the construction or improvement of said streets. This 9 • day of QL, 19 MAYOR ATT.E TE6 IL 0- - i f 0 CITY CLERK IIJOHN F. M. RANITZ, JR. THOMAS J. MAHONEY. JR. (OA. & S.C.) MORTON G. FORBES HERMANN W. COOLIDGE. JR. THOMAS H. OIONILLIAT (COUNSEL) ROBERT PAUL PHILLIPS, 111 CLARK SMITH LAW OFFICES RANITZ, MAHONEY. FORBES & COOLIDGE. P.G. 110 EAST OGLETHORPE AVENUE POST OFFICE BOX 788 SAVANNAH. GEORGIA 31402 1 February 11, 1983 Honorable Charles J. Hosti Mayor, City of Tybee Island Post Office Box 128 Tybee Island, Georgia 31328 Re: Irene P. Williams vs. City of Tybee Island Dear Mayor Hosti: Enclosed please find the original Sewerage Easement dated January 24, 1983 between Irene P. Williams and the City of Tybee Island, Georgia. We recorded this Easement in the Office of the Clerk of the Superior Court of Chatham County, Georgia, on February 1, 1983 and it was recorded on that date in Book of Deeds 119 -Z, Folio 113. The original of this document should be kept by Ro with the Deed Records of the City. This ends litigation which had been going on since 1976 when Leo Beckmann wrote a letter to the then -Mayor and Council claiming expenses and damages as a result of the City maintaining a nuisance across the property of Mrs. Williams without an easement. The suit which was resulted apparently grew out of a break- down in communications where the matter could have been settled for a small amount and litigation never resorted to. Unfortunately, once litigation began, there was no turning back and the City was greatly exposed due to the failure of the City in past years to respond to its duty to maintain the line. You are to be congratulated for your persuavive ability to bring the sights of Mrs. Williams' attorney in line and to be able to settle the case at a minimum expense to the City. With the new line in place and the recorded Easement of record, there should be no difficulty from this matter in the future. 88G DENNIS PIERCE (1900.1979) TELEPHONE 912/233.7981 1 Honorable Charles J. Hosti Mayor, City of Tybee Island February 11, 1983 Also enclosed please find a copy of the Dismissal with Prejudice and of the Release obtained in this matter. We are enclosing our bill for services rendered on this matter which we have billed on an hourly basis for the time spent outside of my official duties as City Attorney and for the period July 1, 1982 through this date. TJMj r /dml Enclosures 1 If there are any questions, please feel free to contact me. With best wishes, I am Respectfully, THOMAS . MAHONEY, JR. City Attorney City of Tybee Island, Georgia - 2 - 1 1 1 PHYLLIS L. CARY MAYOR CHARLES J. HOSTI CITY TREASURER ROWENA B. FRIPP CLERK OF COUNCIL THOMAS J. MAHONEY, JR. CITY ATTORNEY, RECORDER PHONE 786 -4573 CITY OF TYBEE ISLAND Executive Offices — City Hall P.O. Box 128 TYBEE ISLAND, GA. 31328 March 7, 1983 Mr. Henry E. Smith 221 Debra Road Savannah, Georgia 31410 Dear Sir: Reference is made to that certain Franchise Agreement entered into on May 9, 1979 between the City of Tybee Island, Georgia, as Franchisor, and yourself, as Franchi- see, relative to North End Beach, Fort Screven, Georgia. As I understand the terms of the agreement, the initial term was for a five year period commencing on May 15, 1979, with an option for renewal at the end of that period, upon the mutual agreement of the Franchisor and the Franchisee as to fees. Please be advised that it is the position of the Mayor and Councilpersons of the City of Tybee Island, Georgia, that the contract which was entered into by a previous administration is not binding on the present administration. Please also be advised that it is the intent of the present administration not to renew the agreement in 1984. The proposed development of the North End Beach has not progressed and is not now the plan of the City of Tybee Island, as it was at the time of the agreement you signed. This notification is given to you in order that you can make arrangements to vacate the premises at a time prior to the expiration of the agreement in 1984. Sincerely, 88H SEBASTIAN J. ORSINI, MAYOR PRO TEM CITY COUNCIL JEROME W. BETTENCOURT JAMES L. FABRIKANT, JR. JEANNE MOONEY HUTTON KILMA J. MCCUTCHEN JOHN C. WYLLY, JR. Re: Franchise Agreement May 9, 1979 e/aAA" Charles J. osti Mayor CITY OF TYBEE ISLAND, GEORGIA