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HomeMy Public PortalAbout19920409CCMeeting1 1 1 Tybee Island, Georgia April 9, 1992 The Tybee Island City Council held its regular monthly meeting on Thursday, April 9, in the City Hall Auditorium with Mayor Walter W. Parker presiding. The following members of council were present: Christopher P. Solomon, Jack Youmans, James P. Locklear, C. Ansley Williams, C. Burke Day, and Jimmy Brown. City Attorney Thomas Mahoney was present to represent the city in any legal action. Mayor Parker welcomed the audience. Councilman Locklear gave the Invocation with the Mayor leading the Pledge of Allegiance. Mayor Parker asked Walter Mitchell to please come forward at which time Councilman Brown read a Proclamation stating that April the llth is to be Sheriff Walter Mitchell Day on Tybee Island. Walter Mitchell said that he loves Tybee and wants to get involved. Chatham County Commissioner Frank Murray presented a deed to Mayor Parker for the land that the MRS shack in located on. MRS members Joey Solomon, Chuck Baragron and Paul Jackson were present. Mayor Parker accepted the deed and said that Tom Mahoney will draw up a document stating that MRS can have use of the land for as long as the organization is in existence. Mr. Solomon explained the way the MRS got started. Judge Charles Mikell was the next visitor. He stated that he was a State Court Judge for the past 7 years and that he is now running for the Judgeship of Superior Court being vacated by Judge Gadsen. Judge Mikell asked for Tybee Island to support him in this election. Mayor Parker presented MS. Georgia Griesbach with a Certificate of Appreciation. Ms. Jackie Schmidt was not present to accept her certificate. Mr. Jack Brown, a real estate agent from Augusta, Georgia spoke on behalf of Atlantic Cellular. They would like to lease a piece of land located on the north end of the island to place a 230 foot free standing tower. The area requested is located at Van Horn and Fort Avenue. Mr. Brown stated that a 100' by 100' would be needed. Councilman Youmans said that the area had been dedicated to recreation for a gym complex. Mayor Parker asked Councilman Solomon if he would chair a committee to study. Councilmen Youmans and Locklear will serve on this committee. Councilman Williams stated that he would like some input on this committee. 1 1 1 Tybee Island, Georgia April 9, 1992 Page Two Ms. Rachel Perkins introduced herself to the Mayor and Council and explained that she works for the Marine and Education Program at the 4 -H Camp. She thanked the city for the parking variances they have received in the past and went on to tell about the programs that they teach to school groups throughout the year. Over 10,000 children have been through the program since it started in 1988. Most of these children have been back to Tybee with their parents for visits and vacation. Ms. Jeanne Hutton said that she believes that the Atlantic Cellular tower would be ugly and have a negative impact on Tybee, please consider this before deciding on allowing. Mr. Bill Donaldson spoke against the city permitting the Chamber to hold the Beach Music Festival in front of Spankys' and the DeSoto Beach Club. The south end is better able to handle the crowds and parking. Mayor Parker said that no one was present from the Chamber and that it would be on next months' agenda. Mr. Donaldson requested that his name be placed on the May agenda. Mayor Parker opened the Public Hearing on a minor subdivision request by Mike Ryan for a lot located at 13th Street and Strand. (PIN 4- 7 -4 -6) Mr. Ryan stated that he wants to have 1 duplex lot and 2 single family lots. Councilman Day said he tipped his hat to Mr. Ryan. No one spoke for or against the request. Chairman Frankenhauser said that the Planning Commission recommended approval unanimously. Mayor Parker closed the public hearing. Mayor Parker opened a Public Hearing on the request of a minor subdivision by Mr. H. Jackson for #54 Van Horn. (PIN 4 -1 -12- 1) Councilman Youmans asked if this is the same area that Mr. Sheley made a request for last year. Mr. Jackson said yes. Councilman Williams asked will there be a problem by owner providing own access. (Waters) Mr. Jackson said there would be no problem. Recommendation from Planning Commission was unanimous. There was no one present to speak for or against. Mr. Jim LaFavor asked if Waters would be open all the way to Taylor. Surveyor Bert Barrett, Jr. stated no it will not be all the way to Taylor. Mayor Parker closed the public hearing. Mayor Parker opened the Public Hearing on a request by Mrs. Grace Pytowska in a R -2 Zone to be .allowed to add another apartment. Mrs. Pytowska stated that she wanted to add one bedroom and one bath for her mother in the garage area. Councilman Locklear asked if these are the same plans that were present to the Planning Commission or have any changes been made. Mrs. Pytowska stated that they are the same plans. Councilman Williams asked if she lived in the home at this time. Mrs. Pytowska said no. Mr. Jim Daley spoke against the request stating that 2 motels and a church located in the area and that parking and trash is already a problem. No one 1 1 Tybee Island, Georgia April 9, 1992 Page Three came forward to speak in favor of the variance. Planning Commission recommended to deny the variance. The Mayor closed the public hearing. Mayor Parker opened the Public Hearing on Zoning 'Text Amendment Section 8 -4 -31 (a)(1). City Attorney Mahoney said that the code is silent on this point and that the amendment is intended to clarify. Mr Mahoney then read the section of the code. Councilman Day asked what is the definition in the code of mother - in -law apartment. Councilman Youmans said there is no definition and then stated why not do away with R -I if we are going to pass this ordinance change. Councilman Williams asked what brought this matter before council. Councilman Youmans said that just leave code the way it is and then just go by the code. Councilman Day agreed. Planning Commission said no action needs to be taken. Councilman Solomon said that the Inspection Department should be very careful and make sure that the buildings have the same electric meter and the same water meter. Jeanne Hutton said that perhaps a very minute % of the total house area for a mother -in -law apartment. Mayor Parker closed the public hearing. Mayor Parker opened the meeting for business legally presented to council. Councilman Brown moved to approve the minor subdivision for Mr. Ryan. Councilman Day seconded with a unanimous vote by council. Councilman Youmans moved to approve the minor subdivision for Henry Jackson. Councilman Locklear seconded with a unanimous vote by council. Councilman Brown made a motion to deny Grace Pytowska request for a mother -in -law apartment in a R -2 Zone. Councilman Day seconded. Councilman Youmans said that there was a misunderstanding between the Planning Commission and council. Councilman Day said that Mrs Pytowska might consider showing a floor plan to the Planning Commission. Councilman Solomon stated that we can not by law grant 3 units in a R -2 Zone. Mayor Parker said that the City Hall staff would be glad to help. The vote by council was unanimous. The next item to come before council was the Zoning Text Amendment. Councilman Brown said that he would abstain from this vote. Councilman Youmans asked that this be tabled until the May meeting. Councilman Solomon seconded with a 5 to 0 vote. Mr Bert Barrett, Jr. presented a number of signed petitions in favor of the Public Dock Fishing Pier to Mayor Parker. Councilman Youmans moved that we continue to work with the state to put in the fishing pier. Councilman Day seconded. Councilman Solomon said we could work with the state in shortening the length of the pier. Councilman Day said that he had written letter to persons concerned and has not heard back from any of them as of this date. Mayor Parker said that he had spoken with John Wylly concerning the shortening of the pier. The vote by council was unanimous. 1 1 Tybee Island, Georgia April 9, 1992 Page Four Mayor Parker asked if there were any additions or correction to the March 12th minutes, hearing none they stand approved. Bills for the month of March were read (copy attached to minutes) and approved. Councilman Locklear moved that we approve the GMA Lease in the amount of $38,435.00 on a 24 month plan for two items under the CIP. $22,705. for computers for City Hall and $15,730. for a tractor for Public Works. The interest rate will be 5.1% and payments would come out of line items 479 and 934. Councilman Youmans seconded with a unanimous vote by council. Councilman Youmans made a motion to approve an Alcohol Beverage License for Mr. Paul Baker for the Seafood Place on Highway 80. Councilman Locklear seconded. Vote by council was unanimous. Councilman Youmans said that the two new police cars are in but are not doing the city any good as they do not have lights and sirens. Councilman Youmans moved to purchase lights, sirens, and radios not to exceed $4,000.00 total. Councilman Locklear seconded with a unanimous vote by council. Councilman Williams feels we need to evaluate the use of cars and keeping them on property. Councilman Youmans stated that the police need them for running backups. Councilman Brown made a motion that all council be allowed to register and attend the GMA in Savannah. Councilman Solomon seconded. Councilman Williams made a motion for Tybee to host a hospitality room at the GMA Convention in Savannah, the beverages would be provided by the chamber and the merchants with the council staffing the room. Councilman Youmans seconded. Vote by council was unanimous. Councilman Williams moved to accept the contract with Waste Management. Councilman Solomon seconded. Vote by council was unanimous. Councilman Locklear made a motion to allow the Mayor to sign the Cellular One contract when it arrives at City Hall. Mrs. Fripp said that the contract was in Raleigh, N.C. at this time. The terms are $1,000.00 a month for the three (3) atenas on the Water Tank, the city will negotiate if more are needed. Councilman Brown seconded. Vote by council was unanimous. A communication from Victoria and Charles Worden was read concerning a smoke free environment in City Hall. 1 1 Tybee Island, Georgia April 9, 1992 Page Five Councilman Day made a motion to accept Section 5 -1 -19 Sidewalks and Parking Areas not to be obstructed or damaged on second reading. Councilman Solomon seconded. Vote by council was unanimous. Councilman Day moved to accept Section 6- 1 -15(b) Delinquency - Lock Fee on first reading. Councilman Solomon seconded. Vote by council was unanimous. This same section was read, motioned and seconded by the above. Vote by council was unanimous. Councilman Day moved to accept Section 6 -1 -20 Adjustment for Water Leakage on first reading. Councilman Solomon seconded. Vote by Council unanimous. Councilman Brown moved to accept the above ordinance on second reading with Councilman Day seconding. Vote by council was unanimous. The Speed Zone Ordinance /Resolution was read for the second time. Councilman Brown motioned to accept. Councilman Williams seconded. Vote by council was unanimous. Copy to Police Department, Public Works and D.O.T. Ordinance Section 2 -1 -3 Signing of Checks was read for the first reading with Councilman Locklear making a motion to accept. Councilman Day seconded. Vote by council was unanimous. Councilman Williams made a motion to accept the above ordinance on second reading, with Councilman Brown seconding. The vote by council was unanimous. Councilman Williams moved to close 16th Street on April 18th from 12 noon to 3 P.M. for the Easter Egg Hunt. Councilman Youmans seconded. Vote by council was unanimous. Councilman Williams said °that in order to save on overtime that Public Works would drop the barricades off Friday. Mr. Tom Burns said that the 16th Street Merchants are starting to plan events and need to know how to go about getting permission for the different events. Councilman Williams said that anytime there is a need to close any street that the request needs to come before full council. At least 30 days notice is needed. There was some discussion on parking, charging at night, to fund 16th Street Plan. As there was no further business Councilman Williams moved that we adjourned. Mayor Walter W. Parker A P R O C L A M A T I O N WHEREAS, over thirty years of dedicated public service by a citizen and resident of Tybee Island ended on March 31, 1992; and, WHEREAS, on that date, the Honorable Walter Mitchell, Jr. retired from the office of Sheriff of Chatham County, Georgia; and, WHEREAS, having served in law enforcement as a police officer, Deputy Sheriff, Sheriff of State Coutt and, as Sheriff, Superior Court of Chatham County, Walter Mitchell Jr. has been a participant in many changes in the area of law enforcement; and, WHEREAS, Sheriff Mitchell played a significant role in changing county jail problems and overcrowding in the decade of the 80's; and, WHEREAS, Sheriff Mitchell has decided to pass the badge on to another to be able to enjoy the sands and waters of Tybee Island as well as to spend more time with family and friends; and, WHEREAS, this Council wishes to extend its thanks and appreciation for a job well done to Sheriff Mitchell: _ NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, IN OPEN MEETING ASSEMBLED, THAT OUR CITIZEN, THE HONORABLE WALTER MITCHELL, JR., BE RECOGNIZED FOR THE SERVICE HE HAS PERFORMED OVER THE YEARS TO ALL CITIZENS OF CHATHAM COUNTY; and, BE IT FURTHER RESOLVED THAT SATURDAY, APRIL 11, 1992, BE DECLARED AS "WALTER MITCHELL, JR. DAY" AT TYBEE ISLAND, AND THAT WE, WITH THE SUPPORT OF THIS COMMUNITY, ADD OUR BEST WISHES FOR LONG AND CONTINUED GOOD HEALTH FOR OUR GOOD CITIZEN AND SHERIFF, WALTER MITCHELL, JR. .This G% -day of April, 1992. WALTER W. PARKER, MAYOR ATTEST: 1 INTER- OFFICE CORRESPONDENCE TO: Commissioner Frank C. Murray FROM: Emily (-E Garrard, Assistant County Attorney DATE: March 4, 1992 SUBJECT: Quitclaim deed, Tybee Inland Pursuant to the Board's direction on February 21, 1992, we have amended the deed to Tybee Island to delete the reversionary clause which provided that the property would revert to Chatham County if it ceased to be used for the Tybee Marine Rescue Squad. Pursuant to our conversation, enclosed is an original executed deed for you to present to Tybee Island for recording. /jbb Enclosure cc: R.E. Abolt, County Manager 04 -08 -9_ 11:17AM =01 1 1 STATE OF GEORGIA ) COTJNPY OF CHATHAM ) OTII TCLAYM DEED THIS INDENTURE is made and entered into this .4/- day of ,. 199Z, between CHATHAM COUNTY, GEORGIA, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, as a party of the first part, and THE CITY OF TYBEE, TYBEE ISLAND, GEORGIA, A MUNICIPAL CORPORATION CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF GEORGIA, as party of the second part; W I T N E S S E T H That Grantor, for and in consideration of the sum of ONE AND NO /100 ($1.00) DOLLAR, and other valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, release, bargain, sell and quitclaim into Grantee, its successors and assigns, the following - described property, to -wit: ALL that certain tract, lot, piece, and parcel of land, situated in the County of Chatham, State of Georgia, being described as a portion of the abandoned right-of-way of Georgia Highway Number 26, adjacent to Lazaretto Creek, commencing at a point on the intersection of the South right -of -way line of New U.S Highway Number 80 and the Northern right -of -way line of Georgia Highway Number 26 and proceeding 964 feet to a point on the Northern right -of -way line of Georgia Highway Number 26 to a point, being the point of beginning. Proceeding thence in a Southerly direction S 7° 45, East, a distance of isi0 feet, to a point . on the Southern right of -way line of Georgia 04 -0$ -92 11717AM P03 rirK X103 7 1- 1,!H11fyryn Lul'ILitM tk ; urrLr Highway Number 26; proceeding thence in a Westerly direction S 82° 15' West for a distance of 317.54 feet to a point, thence in a Northerly direction N 76 45' West for a distance of 150 feet to a point on the Northern right -of -way line of Georgia Highway Number 26, proceeding in a Easterly direction North 82° 15' East for a distance of 317.54 feet to the point of beginning. TO HAVE AND TO HOW said property, together with all and singular the rights, members, hereditaments, improvements, easements, and appurtenances thereunto belonging or in any wise appertaining (collectively the "Premises "), unto Grantee, its successors and assigns, so that neither Grantor nor its successors and assigns, nor any person or persons claiming under it shall have, claim, or demand any right to the above - described property, or its appurtenances. IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the day and year first above writt iif- Sign, died and in pr- _� • e'' e l i .: Bred f: By ROBERT i,.: mccommg CHATHAM COUNTY CO. Atte ;►� 04 -08 -3 •••II•JIl, Itrt G 11:17AM P0'2 1 1 1 General Government Special Appro. Police Parking Services Recreation Lifeguards Fire First Responder Dept. of Public Works Sanitation Total General Fund Water /Sewer Dept 25 Water /Sewer Dept 26 Bills for the month of March 92 7,676.68 11,581.66 12,189.16 1,355.62 1,657.93 316.51 1,352.61 226.29 13,515.17 22,420.72 72,292.35 36,997.85 425.00 Total 19,258.34 Total 3,330.06 Total 1,578.90 Total 35,935.89 Total 37,422.85 I STATE OF GEORGIA COUNTY OF CHATHAM 1 1 AGREEMENT 7�► THIS AGREEMENT, made and entered into this ! day of � 1 , 1992 by and between the CITY OF TYBEE ISLAND, a municipal corpora ion created under the laws of the State of Georgia, hereinafter called the "City ", and WASTE MANAGEMENT OF GEORGIA, INC., a corporation maintaining an office located in Chatham County, Georgia, for the purpose of engaging in the business of providing refuse collection, removal and disposal services, hereinafter called "Contractor ", WHEREAS, the City is empowered to provide for the collection and disposal of solid waste pursuant to Article 9, Chapter 2, Paragraph 3 of the 1983 Georgia Constitution and Section 66 (gg) of the Charter of the City of Tybee Island, and is further allowed by law to enter contracts pursuant to said Charter; and WHEREAS, the City, mindful of its duties and responsibilities to protect and maintain the public health, safety and welfare of its citizens, finds it necessary to regulate and control the collection and disposal of garbage and rubbish in the City and has determined, after a bid process, that the best interest of the City would be served by the employment of the Contractor for said purpose; and WHEREAS, the Contractor is willing to render the service of collection and disposal of refuse within the City upon the terms and conditions hereinafter set forth; and WHEREAS, it is the expectation of each of the parties that by entering into this Agreement, and by the full and faithful observance and performance of its respective duties, obligations, and responsibilities, a mutually satisfactory relationship between them will be established and maintained; tybee_gm 1 1 NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Contractor hereby agree as follows: A. DEFINITIONS Bags - Plastic storage sacks with sufficient wall strength to maintain integrity when lifted from the top. Maximum total weight of bags and contents shall not exceed thirty -five (35) pounds. Commercial Refuse - Waste material resulting from construction, repairs, remodeling, or demolition operations on structures of all kinds, sidewalks and driveways, and including waste and rejected materials such as earth, stone, brick, debris, and waste products from installation or replacement of plumbing, heating, air conditioning and electrical systems as well as flooring, carpeting, roofing, and lot cleaning or lot clearing. Dead Animals - Dead animals or portions thereof, weighing less than twenty -five (25) pounds, except those slaughtered for human use. Disposal Site - Any disposal facility licensed, approved and permitted by the appropriate agencies to receive refuse, dead animals and /or trash. Garbage - Every accumulation of waste - animal, vegetable or other - except any matter included in the definition of commercial refuse, dead animals, hazardous waste, rubbish or white goods. Hazardous Waste - Any chemical, compound, mixture, substance or article which is designated by EPD or EPA or other appropriate agency to be "hazardous" as that term is defined by federal or state law. Refuse - All garbage, rubbish, construction debris, and white goods. ,' 2 1 1 Residential Unit - A dwelling within the corporate limits of the City and occupied by a person or group of persons comprising not more than four (4) families. Each single - family dwelling within any such residential unit shall be counted as separate residential units. A residential unit shall be deemed occupied when either water or electrical service are being supplied thereto. Rubbish - All waste materials not included in the definitions of construction debris, dead animals, garbage, hazardous waste or white goods. Examples: wood and wood products, tree trimmings, grass cuttings, dead plants, weeds, dead trees or branches thereof, printed matter, paper, cardboard, waste pulp and other products used for packaging, ashes, rags, discarded clothing, shoes, glass or metallic substances. White Goods - Discarded appliances, household goods, furniture and waste materials other than dead animals, commercial refuse, or hazardous waste, with weights exceeding fifty (50) pounds and /or volumes greater than thirty -five (35) gallons. B. TYPES OF COLLECTION Service to Residential Units A. The Contractor shall provide sanitary service to residential units on a regular basis, not less than twice each week, for collection of the following: 1) Garbage and rubbish which shall be contained in ninety (90) gallon carts to be provided by Contractor. Contractor shall provide one (1) cart to each residential unit covered by this Contract. Title to the carts shall remain with Contractor. 2) Leaves, yard clippings, paper, straw and other flexible objects when placed in water- tight bags or other suitable containers which, when full, do not exceed thirty -five (35) pounds in weight. 3) Palm fronds. rybee :sm ,.3 1 1 1 4) Heavy brush and tree branches no longer than four (4) feet in length and six (6) inches in diameter and consisting of a pile no larger than four (4) feet by four (4) feet by four (4) feet. B. The contractor shall provide for the special collection of Christmas trees, regardless of size, during the time period from January 2 through January 15 of each contract year. C. The contractor shall provide for the special collection of construction debris, hazardous waste, heavy brush and tree trimmings consisting of piles larger than 4'x 4'x 4', and white goods at such times and places and on such terms as are specified in the contract or the contract addendum designated as "Rate Schedule ". D. Bags and brush must be placed by all residents (with the exception of those handicapped or elderly individuals who have presented to the city a doctor's certificate verifying their respective physical limitations) at curbside by 7:00 a.m. on the designated collection day. Curbside refers to that portion of the right -of -way adjacent to the resident's property line, within ten (10) feet of the paved or unpaved traveled city roadways, or as close as is practical to an access point for the collection vehicle. The contractor may decline to collect any bag or brush not so placed. The contractor will service residential units beginning no earlier than 7:00 a.m. and no later than 7:00 p.m. Service to Commercial Entities including Residential Complexes with more than Four (4) Units A. The Contractor shall provide sanitary service to commercial entities and residential complexes with more than four (4) units on a regular basis, twice per week, for the collection of the following: 1) Garbage and rubbish with the exception of tires. In areas with no room for dumpsters, rollout containers will be mandatory. The City shall be responsible for payment to Contractor for twice -a -week service to one rollout container per commercial entity. Contractor shall bill commercial entities for any additional service. tyboa.agm 4 1 1 2) Refuse. Special collection of refuse larger or heavier than the contract minimums should be agreed upon in advance by the Contractor and the commercial entity. The Contractor shall bill the commercial entity for this service. B. The Contractor may provide for the special collection of hazardous waste at its sole discretion and risk upon such terms as the Contractor may specify. The disposal sites approved by the federal and state governments and effected in accordance with all applicable laws, regulations and rules of all governmental agencies having jurisdiction thereof. Dead Animal Collection - The Contractor shall provide for the special collection of dead animals found on the public ways and streets of the City. Discretionary Operations - The Contractor will be permitted to make agreements with and perform additional services for business firms, contractors, churches or residents within the City of Tybee Island for washing and cleaning containers, and for collection of refuse within the City so long as such additional work does not interfere with or hamper the maintenance of the schedule under this contract, and is not included in the services required to be performed under this contract. Emergency Trash Pickups - The Contractor shall be available to assist with emergency trash pickups in the event of a storm or other natural disaster at the option of the City, with terms of payment mutually agreed upon by the. Contractor and the City. OPERATIONS Routes of Collection - Collection Routes shall be established by the Contractor. The Contractor shall submit a map designating the collection routes to the City for its approval, which approval shall not be unreasonably withheld. The Contractor may from time to time propose to the City changes in routes or days of collection, which approval shall not be tybee.agm .' 5 1 unreasonably withheld. Upon the City's approval of proposed changes, the City shall promptly give written or published notice to the affected customers. The Contractor shall conduct its operation so as to interfeie as little as possible with the public use of roads, walks and entrances to houses. All operations of the Contractor upon the premises of the City shall be confined to areas authorized by the City. No unauthorized or unwarranted entry, passage through, or storage or disposal of material shall be made upon property owned either by the City or by private individuals. The Contractor shall hold and save the City free and harmless from liability of any nature or kind arising from any use, trespass, or damage occasioned by its operation on the premises of third persons. Holidays - The following shall be holidays for purposes of this Agreement: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and the succeeding Friday, Christmas Day and the preceding Eve, and Good Friday. The Contractor may decide to observe any or all of the above mentioned holidays by the suspension of collection services on the holiday and is not obligated to reschedule collections which would have otherwise been made at said- times. Complaints - All complaints as to the Contractor's performance of this Agreement shall.be given prompt and courteous attention and resolved within one (1) working day of the Contractor's notification. Any valid complaint submitted in writing by the City Administrator for the City of Tybee Island to the Contractor which has not been adequately resolved within thirty (30) days shall be grounds for terminating this Agreement. Collection Trucks The Contractor shall provide an adequate number of vehicles for regular collection service. Such vehicles shall be maintained in good repair, appearance, and in a sanitary condition at all times. The trucks will be similarly painted a color which provides for good visibility and shall be equipped with a backup alarm. Each will also have clearly visible on each side the identity and telephone number of the Contractor. tybecagm .' 6 1 1 1 Collection Equipment - Sufficient collection equipment shall be maintained in good working order and used by the Contractor to perform services in accordance with the terms of this Agreement. The Contractor shall withdraw from service and promptly repair or replace any equipment which, in the opinion of the City, is unsafe, fails to operate properly, or otherwise does not meet other provisions of this Agreement. Hauling - All refuse collected for disposal by the Contractor shall be so contained, tied or enclosed that leaking, spilling, or blowing are prevented. Disposal - All refuse collected for disposal by the Contractor shall be hauled at the Contractor's expense to a disposal site approved by the State and all other governmental agencies having jurisdiction thereof. All refuse removed from the premises where it is produced or accumulated shall become the sole responsibility of the Contractor and shall become the property of the Contractor while being transported over a public right -of -way, alley, lane or place, until deposited in said disposal site. The City shall not furnish the disposal site or make any contractual arrangements for the disposal of the refuse. Contractor's Personnel - During the term of this Agreement, the Contractor shall pay without deduction or rebate, unless expressly authorized by law, not less than the wage established by federal or state laws and shall otherwise comply with all laws and regulations of all governmental agencies as to the employment of persons, by the Contractor or any sub- contractors, in the furnishing of work, labor or services in performance of the contract. The Contractor agrees that the City Administrator may examine its books and records to ascertain the rates of wages paid to any person employed by it. The Contractor's employees shall be required to wear appropriate clothing. The Contractor agrees to dismiss any employee who violates any provision hereof, or who is wanton or negligent in the performance of his duties. Point of Contact - All dealings, contacts, etc. between the Contractor and the City shall be directed by the Contractor to the City Administrator and by the City to the Contractor's General Manager. .• 7 1 1 1 COMPLIANCE WITH LAWS The Contractor agrees to comply with all the laws of the .federal government and the State of Georgia and the rules and regulations of the State or County Board of Health and all other governmental agencies relative to the collection and transportation of garbage. In addition, the Contractor shall comply with all present and future ordinances which have an effect on or regulate garbage and disposal operations within the City. The Contractor shall at all times comply with all applicable laws, rules and regulations of all governmental agencies in the performance of this contract. ANTI- DISCRIMINATION The Contractor, in performing the work furnished by this Agreement, shall not discriminate against any person because of race, sex, age, creed, color, religion, natural origin or physical handicap. AGREEMENT NOT AN EXCLUSIVE FRANCHISE It is the understanding and intention of the parties hereto that the Agreement shall constitute a contract for the collection and disposal of refuse; that said Agreement shall not constitute an exclusive franchise; nor shall same be deemed or construed as such. EFFECTIVE DATE; TERM This Agreement shall be effective upon its execution and performance of such Agreement shall begin on I I g 9.2_ . This Agreement shall be for a two (2) year period beginning with the performance of the Agreement on and ending two (2) years thereafter. The initial two (2) year term of this Agreement shall automatically be extended for successive additional two (2) year terms unless either party gives the other party ninety (90) days notice in writing of its intention to terminate the Agreement, or the City may terminate the Agreement if at any time it is the opinion of the Mayor and Council that the services provided by the Contractor are inadequate for the residents of the City. Any such notice shall be served by certified or registered mail, return receipt requested, and directed .' 8 1 to the Contractor at the following address: Waste Management of Savannah, 2141 Gamble Road, Savannah, GA 31405, with a copy to Waste Management of North America, Inc., 2600 Delk Road, Marietta, GA 30067, Attention: Region Counsel. LICENSES AND TAXES The Contractor must obtain all licenses and permits required by the City. Ad Valorem Taxes, if any, shall be reimbursable by the City. INDEMNITY The Contractor shall indemnify, and hold harmless, the City, its elected and appointed officials, and its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs and expenses including attorney's fees incident to any work, duty, obligation or act done in the performance of this contract or connected with or arising out of the services to be performed under the contract or any omission of the Contractor, its officers, agents, servants and employees. INSURANCE The Contractor shall at all times during the Agreement maintain in full force and effect Employer's Liability, Workers' Compensation, General Comprehensive, Public Liability and Property Damage Insurance, including Contractual Liability coverage for indemnity provisions and Automobile Liability Insurance, all in the amounts specified herein. Before commencement of work hereunder, the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificate shall contain the following express obligation: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." 9 1 1 1 For the purposes of this contract, the Contractor shall carry the following types of insurance in at least the minimums specified below: • Workers' Compensation - Statutory Limits Employer's Liability - $5.00,000 Comprehensive General Liability: Bodily Injury - $500,000 each occurrence; $1,000,000 aggregate Property Damage - $500,000 each occurrence; $500,000 aggregate Contractual & Legal Liability - $1,000,000 Automobile Liability - $500,000 each person (Includes owned and non -owned vehicles) Bodily Injury - $1,000,000 each occurrence Property Damage Liability - $500,000 each occurrence Excess Umbrella Liability - $5,000,000 each occurrence The Contractor agrees to include the City, its elected and appointed officials, and its agents, servants and employees as additional insureds on the Comprehensive General Liability, Automobile Liability and Excess Umbrella Liability policies, entitled to the full benefits and protection afforded by the provisions of said policies. The Contractor shall provide duplicate originals of said policies to the City. All insurance premiums shall be paid by the Contractor and shall be without cost to the City. BOND Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of $200,000 and the form must be acceptable to the City. Premium for the bond shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. The surety on the bond shall be a duly authorized corporate surety company authorized to do business in the State of Georgia. Power of Attorney - Attorneys -in -fact who sign the performance bond must file with each bond a certified and effectively dated copy of their power of attorney. . '10 Service Charge to Contractor - The City shall pay to the Contractor the sum of $10.50 per month per residentialunits. The Contractor shall present an itemized bill to the City promptly after the end of each month and the City shall pay the Contractor within thirty✓ (30) days of the receipt of same. Fees for special collections provided by the Contractor shall be negotiated between the Contractor and the City prior to collection. If agreement 06g cannot be reached, the City may determine a reasonable fee. 1 Modification of Rates - The fees which may be charged by the Contractor for subsequent years shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index Expenditures Category "Gasoline ", both as published by the United States Department of Labor, Bureau of Labor Statistics. As of the last month of each year of the agreement, the fees shall be increased or decreased for the ensuing twelve (12) month period in a percentage amount equal to ninety percent (90 %) of the net percentage change of the All Items Index plus ten percent (10 %) of the net percentage change in the Gasoline Index. All percentage changes are to be computed as the difference between the index value for the first (1st) full month prior to the commencement of the Agreement and the index value for the Rate Modification Date divided by the index value for the first (1st) full month prior to the commencement of the contract. However, the net percentage change shall not exceed five percent (5 %) per annum. As soon as possible after a Rate Modification Date the Contractor shall send the City a comparative statement setting out for both the All Items Index and the Gasoline Index; the index value on the first full month prior to the commencement of the contract, the index value of the Rate Modification Date preceding the date of the statement; the net percentage change; the composite percentage change equal to ninety percent (90 %) of the net percentage change in the All Items Index plus ten percent (10 %) of the net percentage change in the Gasoline Index; and the increase or decrease in the fees which may be charged by the Contractor. On the next billing due date after the receipt of the comparative statement, the City shall pay to the Contractor or the Contractor shall credit to the City, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed, and thereafter, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the City. In addition to the above, the Contractor may petition the City at any time for 4 .11 OOD 1 1 additional rate. and price adjustments at reasonable times on the basis of unusual changes in its costs of operations, such as revised laws, ordinances, or regulations, and changes in location of disposal sites or changes in disposal charges. Termination - All terms and conditions of this Contract are considered material, and failure on the part of the Contractor to perform any of said terms and conditions shall be considered a breach of this Agreement, giving the City the right to terminate the Contract, and require the surety of the Contractor's bond to fully perform and complete the work or the City may take over the work in which instance the Contractor and his surety shall be liable to the City for any damages and excess costs occasioned thereby. Transferability of Contract - No assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of any assignment, the assignee shall assume the liability of the Contractor. Administration - The administration and enforcement of this Agreement shall be the responsibility of the City Administrator or his designated representative(s). It shall be the responsibility of the City Administrator to see that refuse service customers are provided with complete information about the service at all times. The City Administrator shall recommend that the City Council adopt any rules and regulations required to implement or enforce the terms and conditions of this Agreement. The City Administrator or his designated agent(s) may from time to time inspect the Contractor's method of refuse collection and confer with the Contractor in order to insure the Contractor's compliance with the Agreement. The Contractor shall cooperate with the City Administrator or his representative(s) in such inspections and render whatever assistance they reasonably request. The Contractor agrees to follow the reasonable recommendations of the City Administrator so that the City's reputation is in no way damaged by the Contractor's performance. gm .'12 1 1 No Agency Created - Nothing in this Contract is intended to grant authority to the Contractor, as agent or otherwise, to bind the City to any contract, warranty, or agreement, or to subject the City to any costs, liabilities, or expenses. It is expressly understood that the Contractor shall be an independent contractor with absolutely no authority to bind or obligate the City and for whom the City shall have no liability or responsibility. Contract Documents - This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements or agreements, oral or otherwise, not embodied herein, shall be of any force and effect. These documents are complementary, and what is required by any one shall be required by all. Contract Amendments - It is the intention and agreement of the parties of this Contract that all legal provisions of law which are required to be inserted herein, shall be and are inserted herein. However, if by mistake or otherwise, some such provision is not herein inserted, or is not inserted in proper form, the contract may be amended Provided that ::'.ch amendment is in writing and signed by the parties hereto stating that said writing is an amendment or modification hereto. Any other attempts at modification, whether by course of conduct, oral or informally written agreement or whatever, shall not prevail. Separability of Provisions - If any provision of this Agreement, or its application to any person or circumstance, is invalid or unenforceable, a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of the invalid and unenforceable provision herein and the remainder of this agreement shall not be affected thereby. Construction - This agreement shall be deemed to have been approved and accepted at Tybee Island, Chatham County, Georgia, and shall be construed under the laws of the State of Georgia. .'13 1 1 Headings - The use of headings, captions, and numbers herein is solely for the convenience of identifying and indexing the various paragraphs and shall in no event be considered otherwise in construing or interpreting any provision in the agreement. IN WITNESS THEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers and their corporate seals affixed hereto on the day and year first above written. FOR THE CONTRACTOR Waste Management of Savannah, a division of Waste Management of North America, Inc. tybec+am FOR THE CITY OF TYBEE ISLAND BY: Walter W. Parker Mayor AI IES . ATTEST: .14 cq ) n R. rown City Clerk ena B. Fripp City Administrator 1 1 1 Ordinance # Be it ordained and it is hereby ordained by the Mayor and Council in open meeting assembled, that the Tybee Island Code of Ordinances, Section 5 -1 -19 "Sidewalks not to be obstructed or damaged" be amended for the purpose of adding "Parking Lanes and Spaces" and for other purposes: Section 5 -1 -19 Sidewalks and Parking Areas not to be obstructed or damaged. It shall be unlawful for any person, firm or corporation to obstruct or damage in any manner any sidewalk, parking lane or parking area in the city by allowing landscaping, trees, shrubbery, hedges, branches, roots or other debris to interfere therewith. Uncontained yard trash or other debris placed in city rights -of- way, including parking lanes or spaces, is specifically prohibited. Trees shall be pruned to a minimum height of ten feet (10') above the sidewalk. Adopted this "Ih day of ti ` , 1992. or Walter W. Parker 1st Reading: March 12, 1992 2nd Reading: cle.,114 9 IQ0 a Enacted: k p ', 1 1 Ordinance 40 q g a -4 Be it ordained, and it is hereby ordained by Mayor and Council in open meeting assembled, that Section 6 -1 -15 (B) be deleted in its entirety and the following paragraph be inserted in its stead being numbered and titled that same to read as follows: Section 6 -1 -15 (B) Delinquency — Lock Fee (B) When any service is discontinued due to delinquency, it shall not be restored to the delinquent customer until the delinquent bill is paid in full, including a service charge totaling $25.00 for cut off cut on. ADOPTED THIS ' DAY OF 1st Reading App a) Iq9 2nd Reading p 9 , ictq{ Enacted rpm 91 q,q a, 1992. ayor Walter W. Parker 1 1 Ordinance # 199a - BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED THAT SECTION 6 -1 -20 BE ADDED TO TITLE 6 IN THE TYBEE ISLAND CODE OF ORDINANCES AND BE TITLED - ADJUSTMENT FOR WATER LEAKAGE. Section 6 -1 -20 ADJUSTMENT FOR WATER LEAKAGE The City shall have the right to adjust a certain amount from the sewerage portion of a water bill in the event of a breakage in the homeowners resident water line that results in a very high water bill. The amount will be determined by averaging the past 12 months of water usage and presented to the Water Sewer Chairman. A plumber bill must be attached to the request for adjustment. ADOPTED THIS q DAY OF CipL1 , 1992 alter W. Parker qierk ncil 1st Reading April 9, 1992 2nd Reading April 9, 1992 Enacted April 9, 1992 1 1 1 AN ORDINANCE /RESOLUTION ORDINANCE #011492 CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA Pursuant to Section 40 -6 -183 of the Official Code of Georgia Annotated Concerning Local Authorities power to alter lawful speed limits, the following ordinance regulating speed limits within the City of Tybee Island, Chatham County, Georgia, is adopted. Be it ordained by the Mayor and Councilmen of Tybee Island, Chatham County, Georgia, that the following speed zones are hereby established based on an engineering and traffic investigation as prescribed by law. ON- SYSTEM HIGHWAYS LENGTH SPEED S.R. FROM M.L. TO M.L. IN MILES LIMIT 26 /US 80 Tybee Is.City 32.66 Byers St. 34.17 1.51 55mph limits 26 /US 80 Byers St. 34.17 Campbell Ave 34.89 0.72 45mph 26 /US 80 Campbell St. 34.89 2nd Ave. 35.34 0.45 35mph 26 /US 80 2nd Ave. 35.34 3RD St. 35.62 0.27 30mph 26 /US 80 3RD St. 35.61 14th St. 36.66 1.05 35mph SCHOOL ZONE From Butler Avenue and 6th St., M.P. 35.66 to Butler Avenue and 10th St., M.P. 36.08, a distance of 0.57 miles to be zoned for 30 mph-from 7:30 am. to 8:30 am. and from 2:30 pm. to 3:30 pm. on school days only. Jones Avenue and 6th St., to Jones Avenue and 10th St. to be zoned 25 mph w/ same time factors. 26 /US 80 14th St. 36.66 End of SR 26 36.86 0.20 30mph @ 16th Street Signs to be erected by the Department of Public Transportation for all state routes. T- OFF - SYSTEM HIGHWAYS SPEED ROAD NAME FROM TO MILES LIMIT Lewis Avenue Jones Avenue Chatham Avenue 6th St. SR 26 Inlet Ave. SR 26 17th St. 14th St. 0.50 25mph 1.60 30mph 0.50 30mph Signs to be erected by the City of Tybee Island. BE IT RESOLVED, that persons convicted of violating this ordinance shall be punished as provided for by law. Adopted this 9th day of April, 1992. yor Walter W. Parker Ordinance # iqqa - Be it ordained and it is hereby ordained by the Mayor and Council in open meeting assembled that the following Section 2 -1 -3 be deleted in its entirety and replaced by the following titled and numbered the same. Section 2 -1 -3 Signing of Checks The Mayor, Treasurer, Mayor Pro Tem, Finance Chairman, and City Administrator are authorized to sign checks on behalf of the city. At least one of the two signatures must be that of an elected official. Adopted this 6 4' day of , 1992 ayor Walter . Parker 1st Reading April 9, 1992 2nd Reading April 9, 1992 Enacted April 9, 1992 1 "Lease Supplement Resolution" A RESOLUTION WHEREAS, the Mayor and Council of the City of Tybee Island approved an ordinance on August 8 , 1991 and have executed a Master Lease between the city and the Georgia Municipal Association, Inc.; and, WHEREAS, pursuant to such Master Lease, the City desires to acquire specific items of equipment essential to the operation of the governmental functions of the city; and, WHEREAS, the City has appropriated in its current budget an amount not to exceed $ 38.435 * to meet the rentals and other payments for acquisition of the equipment, which will be identified on Schedule A of each lease supplement to the Master Lease; and, WHEREAS, the City desires to designate specified officers of the City as authorized representatives to execute all lease supplements for which appropriation from available funds has been made. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Tybee Island that the Mayor, Mavor pro tem or General Government ChairmatOf the City of Tybee Island are authorized to execute lease supplements, and all documents related thereto for the acquistions of specific items of equipment acquired or to be acquired during the 1992 calendar year pursuant to the Master Lease between the City and the Georgia Municipal Association, Inc.; provided, however, that amounts for rentals and other payments due under such lease supplements do not exceed the amount budgeted for such expenditures for the 1992 calendar year. BE IT FURTHER RESOLVED, that the City Clerk of the City of Tybee Island shall be authorized and directed to witness such signature and affix the seal of the City to such documents. RESOLVED, This 9th day of April ,1992 by the Mayor and Council of the City of Tybee Island. Attest: MAYOR SEAL of Tybee Island u_ca,4,0 Q. Ehks-us)N..) ERK' SIGNATURE *Amount appropriated for purchase of equipment items.