Loading...
19850613CCMeetingTOOQO 0000Q Tybee Island, Georgia June 13, 1985 The regular monthly meeting of the Tybee Island City Council was held on Thursday, June 13, 1985 at Tybee Island City Hall. Mayor Charles J. Hosti, presided, calling the meeting to order at 7:30 p.m. All members of City Council were present: Paul Jackson, Jeanne Hutton, John C. Wylly, Jr., S. J. Orsini, Earl Marlin and Chris P. Solomon. The City Attorney, Thomas J. Mahoney, Jr., was also present. Mayor Hosti called on Councilmember Jeanne Hutton, chairman of the library committee, a group of citizens working for a new, expanded library facility for the island. Councilmember Hutton introduced Mr. Burke Day, giving a brief bio- graphical sketch of his father, Cecil Day, founder of the Days' Inns, and saying that the first Days' Inn is here on Tybee Island and that the Day family has always had close connections with the island, spending portions of their summers here each year. Mr. Day also spoke briefly and movingly of his love for his father and presented a $3,000.00 memorial gift in his Name, to be used for books for the Children's Section of the new library. Mr. Day introduced an associate, Mr. Carl Quarles, saying that they are currently at work on a project here, Sunrise Townhomes,and -that he is also building a home here, and will be here frequently. Mayor Hosti accepted the donation with gratitude and introduced Ms. Irma Harlan, Director of the CEL Library System. Ms. Harlan also thanked Mr. Day for the contribution. Also in attendance to represent the library commitee was Mrs. George McDonald, and to represent the CEL Library, and Tybee Branch Library, Mrs. Polly Teuton and Mrs. Martha Walsh. Mayor Hosti then introduced the advertised public hearings for three rezoning petitions, as follows: (1) John Sapp, from R -1 to R -T; (2) Edward Cawley from R -1 to R -T; (3) All R -1 areas to R -2 - a feasibility study re- quested by City Council. John Sapp spoke first, saying that his property is four apartments with 240 feet frontage on Van Horne. He explained that he is in an area surrounded by R -T zones, that his property has always been business property and that he would like it to be conforming. Councilmember Hutton asked how he is inconvenienced by nonconformity. Mr. Sapp said that his insurance coverage is higher because of noncon- formity and more difficult to get. Councilmember Hutton asked if he has any documentation of this since she has not heard anyone mention this kind of 1 Tybee Island, Georgia June 13, 1985 Page Two Problem before. She asked who told him of the other problem he has mentioned before, that he could not rebuild if fire destroys the property. Earl Anderson spoke, saying that the zoning law won't allow him to rebuild. Councilmember Hutton gave a code section 8 -4 -31 which states that rebuilding can occur within one year. Mayor Hosti stated that differences of opinion of what the Code allows can be determined by later examination. Richard Grosse was the next speaker. He said that he is not speaking in opposition to Mr. Sapp's rezoning, but only in opposition to making any de- cisions on rezoning until after the Master Plan is submitted; he referred to a letter he had written to state his position. The letter was read at the June Planning Commission meeting. Jim Kluttz spoke for the Kiblers, Eldridges, Harris' and himself, asking John Sapp if he is willing to have his property reviewed with all other properties as a part of the Master Plan? He said that he does not wish to see John injured in any way, but he is opposed to rezoning. Mrs. Cindy Spencer said that she has read the Code and that he states what Mrs. Hutton said - Mr. Sapp could rebuild if he did so within one year. Therefore she believes that rezoning is unnecessary. Mrs. Marion Dean spoke, saying that Mr. Sapp's property is already spot - zoned, being R -1 in a predominantly R -T neighborhood; she said that she considers him as a neighbor asking for help. Mayor Hosti passed the question over into the regular business of the meeting. He then stated that Mr. Ed Cawley is not present, being out of town and that his hearing, per his telephone request, will be postponed. Council - member Hutton objected that a postponement would be so easily obtained, saying that she feels it unfair to allow a postponement without a very good reason for doing so. Mayor Hosti introduced the question of R -1 zones become R -2, explaining that there is no actual rezoning request, but a feasibility study requested by the City Council. Mrs. Dottie Kluttz spoke, asking if tonight is the only public hearing on the question. Mayor Hosti answered that, if a change is made, the public will definitely get a hearing. Richard Grosse asked that a survey be made so that it will be known exactly C(0003 Tybee Island, Georgia June 13, 1985 Page Three how many single family and how many multi family or nonconforming structures are in the R -1 area, as many different opinions seem to exist. Mayor Hosti said that this will be taken care of. Burt Barrett, Jr. said that he has lived here 25 years and is buying a lot behind his present home, adding that he is in favor of R -2 because the lot he is buying doesn't meet the R -1 requirements. Mrs. Thelma Peterson said that she has lived in Fort Screven since 1947, owns three pieces of property there and is against a change in zoning, and doesn't understand why it is even being discussed. Mayor Hosti answered that the City Council made the request because of inquiries from citizens. He repeated that the request was for a feasibility study, not for actual rezoning. Jeff Schroeder spoke, saying that he owns a 9500 square foot lot in Fort Screven and that he'd like to see it zoned R -2. Bill Foran spoke saying that he was raised here on the island with John Sapp. He praised the City Council for creating an effective Planning Commission and wanted to know if the citizenry would have some imput into the Master Plan. Mayor Hosti answered that, once the plan is presented, there will be a public hearing on the whole plan prior to its adoption. He added that he is just as anxious to see it as anyone and had hoped to have it much sooner. Planning Commission chairman, Jeff Dukes, said that once the Planning Commission has a recommendation it will be sent to City Council for action, and presumably for a public hearing. Mr. Foran said that he is against spot rezoning of any kind. Mrs. Marion Dean asked if R -2 allowed business and Earl Anderson replied that the only difference is that duplexes are allowed, and lots are smaller. Councilmember Hutton stated that home occupations are permitted under R -2. Mrs. Marjorie Harris spoke, saying that she owns no property here, but lives in her son's house on Officers' Row. She said she believes something is being overlooked: quality of life. She said that some news media called Fort Screven a "slum ", but that hard work went into creation of the Historic District. She stated that the Planning Commission decisions get overturned regularly by the City Council and that there is money involved and she believes some members of Council can't help but have that in mind. 1 00004 Tybee Island, Georgia June 13, 1985 Page Four Mayor Hosti answered Mrs. Harris by saying that he resents any implication that the City Council, or any individual member, is motivated by selfish gain and that he thinks an apology is due the group. He reiterated his earlier statement that Council acted in response to citizens' queries in asking that the R -1 zoning be studied. Mrs. Harris replied that this seems to be the only place to express an opinion and that she did not necessarily mean that any member was motivated by personal gain, but that money is an influential point in zoning. At the Mayor's request seven (7) letters from private citizens were read into the record. Mr. Grosses letter was among these, but was not read again because it had been read at the Planning Commission meeting, and each member of Council had already read it. The other six (6) letters were from citizens who wrote favoring R -2 zoning and who could not be present to speak. Mayor Hosti then ended the hearing with a statement that zoning always upsets people. He apologized to Mrs. Harris for speaking abruptly while chairing the meeting and promised to try not to do so again. Minutes of the May 9th meeting were approved as read upon motion by Councilmember Hutton, seconded by Councilmember Solomon. Bills for the month of May, 1985 were approved as follows: Recreation $ 1,780.62 Fire $ 1,203.99 Police /Parking $ 7,749.26 Water /Sewer $13,184.95 Public Works /Sanitation $12,772.25 General Government $ 4,429.60 Councilmember Orsini asked if all rezoning issues could be voted on at once and if the motion to postpone until seeing the Master Plan would be in order. Mayor Hosti consulted the City Attorney. He then stated, to the audience, that he personally knows nothing yet of what the Master Plan might contain and won't know any more than any other citizen until the presentation on June 19th. He asked Mr. Sapp if he has any objection to waiting, and he seemed not sure. Councilmember Marlin said that, if the rezoning is denied, another hearing on the same property could not be held for a year; however, postponement won't hinder hearing these requests again next month. He then 1 Tybee Island, Georgia June 13, 1985 Page Five 00005 moved that the rezoning issues be postponed until the July meeting. Council- . member Hutton seconded. 'during discussion Councilmember Wylly stated that it has not been made clear that rebuilding must be done within a year if a non- conforming use is to continue; otherwise it reverts to R -1. Councilmember Solomon said that he doesn't think it is unreasonable to treat Fort Screven as a part of Tybee Island. Councilmember Hutton asked again that everyone wait for the master plan, saying that it will reflect information from many more people than the ones in the hall this one night. She moved the question and the vote was unanimously in favor. Mr. Sapp's petition will be delayed until the July meeting. Edward Cawley's petition was next considered; Councilmember Marlin moved to delay it until July and Councilmember Solomon seconded. Councilmember Hutton said again that she felt it unfair to the people attending the public hearing for a petitioner to be allowed to just call in and say he's going to be out of town. The vote was five (5) to one (1), with Mrs. Hutton casting the dissenting vote. Councilmember Solomon moved that consideration of the R -1 Zone change to R -2 be postponed until the Master Plan is revealed, Councilmember Orsini seconded and the motion passed unanimously. The next item on the agenda was a flood damage control ordinance variance for Mr. A. Ryan at 104 Butler Avenue. It was explained that Mr. Ryan's house is built at an elevation of 13.79 feet above MSL, and the ordinance calls for 14.00 feet. The error seemed to be an honest mistake and Councilmember Orsini moved that the variance be granted; Councilmember Wylly seconded and the motion passed by a vote of six (6) to zero (0). The Clerk was instructed to prepare the proper forms to be mailed to Mr. Ryan and to the Region IV FEMA office. The second flood damage control ordinance variance request was made by Mayor Hosti on behalf of the city. He explained that a prior administration had built a public safety /bathhouse facility at Strand and Fifteenth Streets at an elevation of 10.57, rather than the required 14 feet above MSL. The lower floor of the building contains public restrooms, outside showers, life- guard station and first aid /emergency area. Mayor Hosti stated that, for the public's convenience, this facility was needed at this location and that the building had to be accessible to handicapped people and that the variance had 1 00006 Tybee Island, Georgia June 13, 1985 Page Six never been formally granted, although the architect felt it was implied at an early stage in the planning. He asked the City Council to take formal action on his request and Councilmember Orsini moved that the variance be granted, with a second from Councilmember Marlin. The vote was unanimously in favor. A contract for a DNR -EPD Grant was read and explained by Mayor Hosti. The State Grant #85 -WS -17 is intended to work with a low- interest loan from the Georgia Development Authority to be used for water improvements, including a 150,000 gallon elevated tank and enlarged lines which will serve the area annexed in 1983 and other portions of the island. A Resolution so affirming was then read and passed by unanimous vote of Council. A copy is attached to, and becomes a part of, these minutes. The. City Attorney read a petition from Francis E. Williams, III for an extension of the PUD he holds. The reason for the request, according to the petition, is to grant extra time lost due to a suit against the developers and the city by the "Friends of Tybee". Actual time of extension is from the one -year deadline of August 2, 1985 until December 31, 1985. Councilmember Orsini asked if this is exactly the amount of time lost because of the lawsuit. Mr. Mahoney answered that this is less according to the petitioner who claims he actually lost 7i months and is asking for a 5 month extension. A vote was taken and the petition was granted by a vote of four (4) to One (1) with one (1) abstaining. Councilmember Marlin formed the motion which was seconded by Councilmember Solomon. Councilmember Wylly abstained and Councilmember Hutton opposed. A Resolution outlining an administrative procedure and enforcement for the building and inspections department was read by the City Attorney. Councilmember Hutton moved its adoption; Councilmember Orsini seconded. Councilmember Solomon questioned whether there are any drastic changes in this resolution, asking for an example, if an exterior paint job would require a certified plat. Mayor Hosti answered that question negatively, further ex- plaining that there is a need to eliminate so many stop orders having to be placed and that the resolution is intended to clearly outline procedures so that the public, and especially local contractors, will know what is necessary. 00007 Tybee Island, Georgia June 13, 1985 Page Seven It is also intended to give notice to all interested parties that the city intends to enforce all ordinances pertaining to building, and especially those pertaining to flood damage control. The resolution was unanimously adopted. The City Attorney then explained that there is an ante litum claim against the city in the amount of $100,000.00 for damages filed by Earl Browne. He stated that, because it is a legal matter, he prefers not to give a detailed explanation of the case since all Councilmembers have had the opportunity to read this Councilmember Orsini moved that the claim be denied and Councilmember Wylly seconded. The motion was adopted unanimously. The City Attorney also informed the Council that the city's insurance carrier has been notified and usually defends such cases. Councilmember Marlin reported on the plans for a new fire station and also reported that two volunteer firemen, Jack Youmans and Vincent McCusker, have volunteered to go to train in operation of the new fire engine. Mayor Hosti stated his belief that this is necessary - when a new piece of equipment costing $90,000. is ordered, the city needs to be sure that it will be operated and maintained properly - and that funds are budgeted for this purpose, so no vote is necessary. Councilmember Jackson apologized for not having a report on the city's buildings and properties, saying that he and his committee will meet within the next 2 or 3 weeks, and that he hopes to have recommendations for the City Council at the July meeting. Councilmember Wylly reported that the riprap is in place at the South end of the island and that he thinks sand is accreting now, further protecting the wall. He read a letter from Colonel Christman of the Corps of Engineers dated May 31, 1985 in which the work is given over to the city for maintenance. Mayor Hosti stated that this work was done with federal money and that he hopes that the next federal budget will include funding for Stage II of the plan. Edmund Solomon, the Building Inspector, reported on the month's building. He explained that he has received the final certification necessary for the Tybrisa Sales Office at #1 Fifteenth Street and that a variance is no longer needed since the building, with its modifications recently made, now meets all local codes. 1 00008 Tybee Island, Georgia June 13, 1985 Page Eight He also reported that there are 31 new buildings under construction and 26 inenovation /addition projects, so the building industry is healthy at present. The Zoning Administrator, Earl Anderson appealed to weekenders not to begin building without permits, saying that the addition of decks is a particular problem. He also went into further detail concerning the grandfathering of existing buildings in nonconforming zoning areas. Mayor Hosti thanked him, saying that this explanation can be made to him later. Councilmember Wylly said that there was one item not on the agenda that the City Treasurer would like handled if there is no objection. It concerns the collection and distribution of local option sales tax and he outlined a method of wiring the funds directly to the bank from the state, saying that this is endorsed by GMA and will save time, allowing the city to receive credit for deposit of these funds several days earlier than in the past. A Resolution to this effect was read and Councilmember Wylly moved its adoption. Councilmember Marlin seconded and the vote was unanimously in favor. A copy of the Resolution forms a part of these minutes. Councilmember Orsini brought before the group a request for a business license by Doug Boyle. The license is for Av -Tech School which the applicant describes as a ground tchool for operation of all aircraft. Councilmember Orsini reminded Mr. Boyle of the sign which reads "Ultra Lite Rides ". Mr. Boyle stated that this is a ploy to gain interest since he cannot legally give rides. There was mention of a meeting in Mayor Hosti's office with FAA officials. Councilmember Orsini stated his belief that the sign constitutes false adver- tising and moved that the license be denied. Councilmember Hutton seconded. During discussion Councilmember Solomon said that he sat in on the meeting and didn't get the impression that the FAA has any law against what Mr. Boyle is applying for, but that the state does have a law regarding aircraft flying over beaches. Councilmember Hutton explained her concern for the public's safety and said that the granting of a license by the city implies that the city is willing to police and supervise this kind of business, but she doesn't believe the city is able to regulate aircraft. Councilmember Solomon moved the question be tabled until the next meeting, Councilmember Marlin seconded and the vote was unanimously in favor. Mayor Hosti, after asking the special committees to meet together as soon ; ' A 1 1 1 1 1 Tybee Island, Georgia June 13, 1985 Page Nine possible so as to be able to bring a report at the next meeting, thanked the public for attending, and adjourned the meeting. CLERK OF COUNC L MAYOR 00009 1 1 1 WHEREAS, the City RESOLUTION of Tybee Island has applied to the 0001® Division of Environmental Protection of the Department of Natural Resources for a grant of financial assistance to secure adequate water supply facilities; and WHEREAS, such facilities are necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Council that the proposed CONTRACT FOR STATE GRANT NO. 85 -WS -17 be and the same is hereby approved and the Mayor is herewith authorized to execute, on behalf of the City of Tybee Island and the Council, referenced contract and any other related documents or papers necessary to obtain the grant or secure such water supply facilities as provided therein. ATTE CleTHIS 13th day of aline k of Council Rowena E. Fripp (SEAL) 19 85. Councilman Maul Jackson lut,,trw ti-CATIZ-1 Councilman Jeanne cilman S 00011 R E S O L U T I O N WHEREAS, the City of Tybee Island, Georgia, has adopted an ordinance for flood damage control (Section 8 -5, Tybee Island Code of Ordinances); and WHEREAS, it is necessary to adopt an administrative and enforcement plan to assure that the ordinance is effectively administered and enforced; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council in open meeting assembled, that the following procedures shall be adopted, and are hereby adopted, for the purpose of administration and enforcement of the city's flood damage control ordinance: 1. Permit Applications: Each application shall be completed in its entirety and each question answered specifically. Each application shall have attached a complete set of drawings or plans, a certified plat plan showing lot elevation, certifications of V -zone compliance and of breakaway walls if required by location of the potential building site, and shall also include an estimated cost of construction. Applications shall be reviewed by all designated members of the Inspections Department; final approval shall require the signature of the Mayor or his designated representative. No application shall receive final approval, and no building permit shall be issued, unless the supporting materials are attached and found to be satisfactory. 2. Additions and /or Renovations: Substantial improvement shall be determined, for purposes of enforcing Section 8 -5- 4(24), by a comparison of cost estimate for proposed work with the fair market value of the property as determined by the most recent tax assessment evaluation. If the addition or renovation proves to be substantial, as defined in the ordinance, then criteria for new construction must be applied. 3. Variance Requests: Variance requests shall be considered only after the approved questionnaire has been completed and submitted, including the certification of elevation of the lot, of the planned building, and especially noting that the variance is not official without attachment of an as -built elevation after the floor level has been established, and before further con- struction proceeds. Stop orders will be issued in accordance to the "Code Administrative Process" adopted elsewhere within the body of this Resolution. Written notice shall be given to the petitioner as to the formal action taken by the City Council. 4. Code Administration Process: A process for orderly inspection and administration to be known as the "Tybee Island Code Administration Process" is hereby adopted, and a copy is attached to, and becomes a part of, this Resolution. It is specifically noted that this process is one that follows the logical, orderly process of the building, and that no further work will be allowed until all requirements of the preceding step are met satisfactorily. 5. Code Compliance Process: A process for inspection of housing for code violations, and for abatement of same, to be known as the " Tybee Island Code Complaince Process" is hereby adopted, and a copy is attached to, and becomes 1 1 1 - 2 - a part of this Resolution. It is specifically intended that each violation reported be made a part of an official record, and that all violations of the flood damage control ordinance be investigated immediately upon receipt of report or complaint, and that the compliance process be completed in an orderly and timely manner. 6. Executive Order to all Inspectors: An executive order to all inspectors. dated June 3, 1985, and establishing certain orderly inspections and reporting procedures is hereby incorporated into this Resolution and is attached hereto. ATTEST: BY: ADOPTED THIS /-4.1-4. DAY OF _, 1985. THE CITY OF TYBEE, ISLAND, GEORGIA 00012 1 PHYLUS L GARY , CITY TREASURER ROWENA B. FRIPP CLERK OF COUNCIL THOMAS J. MAHONEY. JR. CITY ATTORNEY. RECORDER PHONE 786 -4573 MAYOR CHARLES J. HOST! CITY OF TYBEE ISLAND 401 Butler Avenue PA. Box 128 TYBEE ISLAND, GA. 31328 MEMORANDUM 00013 SEBASTIAN J. ORSINI, MAYOR PRO TEM CITY COUNCIL JEANNE M. HUTTON PAUL JACKSON DAVID A. McCUTCHEN CHRISTOPHER P. SOLOMON JOHN C. WYLLY, JR. TO: All Inspectors (Fire, Building, Plumbing, Zoning, Electrical) FROM: Charles J. Hosti,Mayor RE: Building Permits DATE: June 3, 1985 The flood damage control ordinance will be enforced. Plans for any construction must be submitted to City Hall before any permits will be issued. Each set of plans will be reviewed individually by each inspector. If he finds no violations he signs his approval. The Superintendent of Water/ Sewer must also review and sign, according to the availability of these city services. After all these signatures are in place, the permit then goes to the Mayor's office for review and signing. The building plans must include the lot's certified elevation and the height of the foundation and/ or pilings that will raise the bottom of the supporting structure of the lowest finished floor above MSL requirements by FEMA. Periodic checks are to be made as follows: 1. See that a benchmark is in place, driven into a tree or some permanent structure. 2. The footings must be inspected for "re- bars" and depth and width before concrete is poured. 3. Verification of the height of the pillows or piling must be obtained before any floor joists are installed. 1 000j4 Memo to Inspectors June 3, 1985 Page Two 4. After the house is "dried in" inspection of all required tie -downs between the foundation and the house. 5. Plumbing must be inspected and pressure tested as required. 6. All electrical work must be inspected as required. 7. After all of the above has been approved, the dry wall may be put into place. 8. The Building Inspector will double -check periodically and see that the building is built according to the approved set of plans and if he finds any variation he is not to issue an occupancy permit. That will eliminate the adding of plumbing and electrical work. 9. The Building and Zoning inspectors are to give a proper report to the Mayor and Council at each open monthly meeting. 10. Any flood ordinance violations will be immediately cited and taken to Recorder's Court and a copy of the action will be forwarded to FEMA in Atlanta. 11. The Mayor and Council will hold each inspector accountable for his part in this inspection procedure and any violation of our Codes will result in severe disciplinary action. CC: Mr. Thomas J. Mahoney, Jr. Ms. Susan Wilson, FEMP.. Region 1V PHYUIS L. CARP 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 Conduct of Housing Inspection 401 Butler Avenue PO. Box 128 TYBEE ISLAND, GA. 31328 CODE COMPLIANCE PROCESS 00015 SEBASTIAN J. ORSINI, MAYOR PRO TEM CITY COUNCIL JEANNE M. HUTTON PAUL JACKSON DAVID A. McCUTCHEN CHRISTOPHER P. SOLOMON JOHN C. WYLLY, JR. No Violation Found Code Violation (Conference with owner or Notice Issued occupant when possible Violation Corrected No Compliance Reinspection Appeal Requested and Hearing Decision Rendered 1 No Compliance Compliance with Hearing IDecision for Code Compliance Information Meetings, Technical & Financial Assistance or Appeals to Accomplish Compliance Violation No Corrected Compliance 1 1 Reinspection for Code Compliance Letter of Commendation for Housing Compliance with Code Standards = Codes Department Action Legal Action to Achieve Compliance Violation Corrected = Owner, Resident Response Source: House Code Enforcement Study Guide, Institute of Community and Area Development, University of Georgia, 1971. TYBEE ISLAND CODE ADMINISTRATION PROCESS Permit Application - Certified Elevation of Lot -V -zone & Breakaway Wall Certification, if needed. - Plans /Drawings, Complete Permit & Plans Review - Zoning - Building Codes -Flood Damage Control Ordinance - Electrical & Other Codes Board of Appeals 1 Rejection Approval Positive Action Negative Action Permit Issued Footing Inspection .ection Ground Rough Inspection 9 p Building Rough Inspection - Prior to Framing - As /Built Elevation Final Inspection - All Necessary Certifications on file prior to this. Certificate of Occupancy Conference with Builder Immediate Written Notice Stop )ork Order Board of Appeals 1 and /or Legal Action 1 1 A RESOLUTION To authorize the Georgia Department of Revenue to release on a monthly basis a magnetic tape to the National Bank of Georgia stating the amount of funds due and payable to the City of Tybee Island, Ga. for the preceding month from local option sales tax collected pursuant to Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, (hereinafter Article 2); to further provide that the release of such a magnetic tape showing the amount of local option sales tax funds due to the City of Tybee Island, Ga. shall relieve the Georgia Department of Revenue of further responsibility for the distribution of local option sales tax funds collected pursuant to Article 2; and for other purposes. WHEREAS, the Georgia Department of Revenue collects and distributes local option sales tax funds for the City of Tybee Island, Ga. pursuant to Article 2. WHEREAS, these funds are presently delivered to the City by the United States Postal Service; and WHEREAS, an electronic transfer of such funds would be a more efficient method of distributing the monies; and, WHEREAS, such electronic transfer would make the monies available to the City earlier than delivery by mail, and, therefore, facilitate the operation of government for the benefit of citizens of the City. NOW, THEREFORE BE IT RESOLVED that the City of Tybee Island, Ga. hereby authorizes the Georgia Department of Revenue to provide the National Bank of Georgia, 2000 Riveredge Parkway, Atlanta, Georgia 30328, with a magnetic tape listing the amount of money due and payable to the City of Tybee Island, Ga. for the preceding month from local option sales tax collected pursuant to Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, and to deliver the tape at least one day prior to the twenty -third day of each month. It is hereby understood that upon delivery of a magnetic tape correctly stating the amount of the local option sales tax due and payable to the City of Tybee Island, Ga. for a given month pursuant to this authorization, and upon its transfer of the local option sales tax funds to its account with the National Bank of Georgia, the Georgia Department of Revenue will have satisfied its legal and statutory duty, as set forth in Article 2, to distribute the sales tax due to the City of Tybee Island, Ga. for that month, and the City hereby waives any right to assert and expressly releases the Georgia Department of Revenue from any and all liability relating to such transfer, to distribution of the tax stated on the tape, and to any delay or loss occasioned by the transfer of funds from the National Bank of Georgia to the City. BE IT FURTHER RESOLVED that the City Clerk is directed to immediately transmit a certified copy of this Resolution to the Georgia Municipal Association, Suite 2300, 34 Peachtree Street, N.W., Atlanta, Georgia 30303. AP$RQVED ANIR ADOPTED BY THE CITT COUNCIL OF - .,, P_�!,�^ THIS _.7) DAY OF 1985. GC -VI.L I / , Charles J. Hosti ATTEST Clerk of Council MAYOR City of Tybee Island, Go -00017