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HomeMy Public PortalAbout19920514CCMeeting1 1 1 Tybee Island, Georgia May 14, 1992 The Tybee Island City Council held its regular monthly meeting on Thursday, May 14, 1992, at 7:30 P.M. at the Tybee Island Police Station Courtroom. Mayor Walter W. Parker presided and the following members of council were present: Christopher P. Solomon, Jack Youmans, James P. Locklear, Ansley Williams, C. Burke Day and Jimmy Brown. City Attorney Thomas J. Mahoney was present to represent the city on any legal matters. The Invocation was given by Rev. Byron Scott,who is being transferred and promoted after 5 years as paster of Trinity United Methodist Church. Mayor Parker led the audience in_the Pledge of Allegiance. Mr. John O'Neill spoke for Mr. Tom Taggart who could not be present but would like our support in the upcoming election in July for Superior Court Judge. Mr. O'Neill also spoke of the 1st Beach Bums softball game stating that Mayor Parker threw out the first ball of their first season. Mr. Gene Mahany, running for sheriff, thanked the island for the support he received in the May 3rd election and asked for our votes again in the runoff election on May 26th and again in the July and November elections. Ms. Julie Smith gave background on herself and asked for our support in the election for Chatham County Chairman race. Mr. Joe Battle asked that the City Council endorse a "Buy American Week ". A committee would like to get all cities and counties to agree on the same week. Ms. Debbie Bennett of Homemakers Services gave a short history of what they do and requested a grant in the amount of $489.96. Representative Jack Kingston said it is great to be at Tybee. He introduced his daughter Betsy to the council. Jack asked for the island support for the upcoming election where is he running for Congress. Ms. Linda Odom asked permission of council to hold the Third Annual Beach Music Festival and a special License for Beer and Wine for the three day event. The event is scheduled for June 12, 13 and 14. Ms. Odom asked for Third Street to be closed, for grading, snow fencing, ticket booths, possible parking for the participants, sanitation assistance, containers for trash, trash pick up twice a day. The bands will face the ocean, no band playing after 7 P.M. A lady from the audience asked what type of music. Ms. Odom said old 50's. Councilman Brown asked if there was an admission fee. Ms. Odom responder that a $3.00 fee will be charged. Councilman Solomon asked how much snow fencing is needed. Councilman Williams answered that the city has the fence on hand and it will only be used temporarily. Mr. Bill Donaldson of 204 Second Avenue stated he opposed the location only. He surveyed 25 homes in the area and 16 are opposed to the location and have given him permission to speak for them. Mrs. Ada Seyle said she was used and abused badly last year. Maryann Wildi questioned why isn't 16th considered? Ms. Odom said 1 1 1 Page 2 May 14, 1992 that three festivals are being planned - one in each area. Councilman Solomon asked if this will generate more people? We already have parking problems. Councilman Day questioned how many people do you expect to attend daily? Ms. Odom said about 6,000 everyday. Councilman Brown asked if beach access will be closed off? Ms. Odom answered no, the event will be in the parking area between Spankys and the DeSoto. Mr. Tom Burns stated that the Tybee Merchants Association supports the Beach Music Festival this year. Mr. Burns said he would like to request the closing off of 16th street every weekend from now until October. The times would be from 6 P.M. until 11 P.M. each night. He also told council that twenty trees should be arriving next week to be placed on 16th Street. Councilman Locklear asked Mr. Burns if he had talked with Mr. Patel of the Sundowner Motel? Mr. Burns replied that temporary signs will be put up to direct tourist to the motel, persons can go down Izlar or Silver Avenue to get to the motel. Mr. Patel asked Mr. Burns how much money he had invested in any business in the 16th Street area. Mr. Burns replied not a dime. Maryann Wildi said that her business gets better every year and that to closed 16th street every weekend is to much. Ms. Wildi said that she heard that it will be a $2.00 charge to walk down 16th Street and this will kill business. Mr. Burns said not the first time he has heard that said. Mr. Don Harris of Officers Row asked if Steve McCusker has the authority to make any changes to the PUD Seaside Colony without city permission? Mr. John Jarvis questioned the 19th Street picnic area again. Ms. Charlotte McMillian, President of TIBC, said that it was not the responsibility of the Beautification Committee but that of the Neighborhood Association. Mayor Parker opened that Public Hearing on a Zoning Text Amendment, Section 8- 4- 31(a)(1) Single family dwellings. City Attorney Thomas Mahoney read the ordinance. Some one from the audience asked who would enforce this ordinance. Mayor Parker said the City Marshal would enforce. Mr. Jim Kluttz said that the code already deals with this matter but maybe a ratio could be used to determine the size of the structure. Councilman Solomon said he agrees with the ratio part but also thinks it needs to be connected with the main structure. Mayor Parker will send back to Planning Commission asking for them to review and make recommendations back to council. Mayor Parker opened the meeting for business legally presented. Councilman Solomon moved to approve the request from Mr. Joe Battle concerning "Buy American Week ". Councilman Day seconded. Vote by council was unanimous. Mayor Parker at this time briefed the audience on the Orange Crush event that is scheduled for this weekend. 1 1 1 Page 3 May 14, 1992 Councilman Solomon moved to grant the request of $489.96 for Homemakers Services. Councilman Brown seconded. Vote by council was unanimous. Councilman Locklear made a motion to grant permission for the 3rd Annual Beach Music Festival on June 12, 13, and 14th. Councilman Williams seconded. Councilman Solomon stated that parking is a problem on a normal day and that the ball park will not hold all the cars. He also said that this festival is being held in a residential area and that we are making a big mistake. Councilman Youmans said that 16th Street use to be the commercial district but now 200 foot back from all of Highway 80 is commercial. Vote by council was 4 in favor, 2 opposed (Day, Solomon). Ms. Odom will work with Councilman Brown on the parking. Councilman Day moved to grant request for the Concert Series from the Tybee Merchants Association. Councilman Solomon seconded stating that he would like to help merchants with the street plan, maybe build a band or stage area, but is having a hard time closing 16th Street every weekend. Councilman Youmans said a fire lane is needed. Councilman Locklear made an amendment to motion to allow closing until June 14th. Councilman Williams said that the barricades could be moved at any time in case of a emergency. Councilman Locklear withdrew his amended motion. Councilman Williams moved to allow the merchants to close the street every weekend until July 4th. Councilman Locklear seconded. Vote by council was 3 in favor, 3 opposed (Youmans, Solomon, Brown). Mayor Parker broke the tie by voting in favor of allowing the concerts until July 4th monitoring constantly, knowing the city can stop it at any time. Minutes of the April 9, 1992 were approved as read Bills for the month of April were reviewed and approved. Copy attached. Councilman Brown told the audience that the ball lights in J.C. Park are repaired and that the Community House now has central heat and air. Councilman Brown moved to hire a part time person in parking to man a booth in Memorial Park on Saturdays and Sundays. Councilman Locklear seconded. Councilman Solomon said that he is totally opposed to parking cars on the baseball diamonds. Councilman Brown said that parking would be only on the city property. Vote by council was 4 in favor; 2 opposed (Youmans, Solomon). Councilman Youmans moved to approve an alcoholic beverage license for Bootleggers at 1517 Butler Avenue. Councilman Solomon seconded. Vote by council was unanimous. Councilman Locklear questioned the pool. It is so noted that it has been drained and cleaned according to Board of Health Department. 1 1 Page 4 May 14, 1992 Mr. Jack Brown presented the Atlantic Cellular contract for placing 2 antennas on top of the Van Horn water tank. Councilman Day asked how high are the antennas? Mr. Brown answered 12 foot. Ron Kolat of Thomas and Hutton said there is no problem for the 20 pound, 12 foot antennas. Councilman Locklear asked Mr. Brown if he was totally satisfied now? Mr. Brown said the building would be 12 foot by 32 foot with a flat roof. Councilman Youmans asked how close to the foot of the tower does the building have to be? Mr. Brown said as close as possible. Atlantic Cellular would like a 10 year lease with two 5 year renewal options. Atlantic Cellular will submit a lease option plus a financial option. Councilman Williams moved for a $1,000.00 a month for the first 5 years, $1,250.00 for the next 5 years plus a cellular phone for the city with unlimited use. Mr. Brown said he could not guarantee a cellular phone. Vote by council was unanimous. Charlotte McMillian of the Beautification Committee applauded consideration to ensure making the gateway to Tybee beautiful. Landscape barriers around the building. Councilman Brown moved that the proceeds form the Atlantic Cellular contract go towards the reserve fund for the gym. Councilmen Locklear and Solomon seconded. Vote by council was unanimous. Mayor Parker announced that the height ordinance will not be heard tonight as it was not advertised. These ordinances will be heard next month at a Public Hearing on June 11. The GMA Resolution and Declaration of Intent was read and approved by full council. Mayor Parker announced that a Proclamation was given to American Legion Post 154 for the National Poppy Day. City Attorney Thomas Mahoney explained that a PUD is a Zoning Classification and when granted the developer has the right to do the planning. The developer and property owners can change by voting. By law, the city has no authority over covenant changes. They only have authority over any changes that concern city ordinances. They can be more restrictive, but not less restrictive. Councilman Locklear moved to approve Seaside Colony request. Councilman Solomon seconded. Vote by council was unanimous. Copy is attached and becomes part of these minutes. As there was no further business, Mayor Parker adjourned the meeting. le of (ou it Mayor Walte - W. Parker ;ALTER W. PARKER MAYOR ty Council £C UMANS dyo Tempore q ROWN 3URKE DAY, JR. kMES P. LOCKLEAR HRISTOPHER P. SOLOMON , ANSLEY WILLIAMS 1 1 CITY OF TYBEE ISLAND 401 Butler Avenue P. O. Box 128 TYBEE ISLAND, GA. 31328 (912) 786 -4573 FAX (912) 786 -5737 Bills for the month of April 92 General Government Dept 4 8,542.87 Special Appro. Dept 16 13,385.36 Police Dept 5 15,103.15 Parking Services Dept 6 512.55 Recreation Dept 12 12,317.37 Lifeguards Dept 13 210.78 Fire Dept 7 2,578.21 First Response Dept 8 164.17 DPW Dept 9 10,973.43 Sanitation Dept 10 22,972.98 Total General Fund Water Sewer Total Water /Sewer 86,760.87 Dept 25 36,439.57 Dept 26 551.79 36,991.36 ROWENA B. FRIPP City Administrator PATRICIA B. PAGAN City Treasurer THOMAS J. MAHONEY, JR. City Attorney JACQUELYN R. BROWN Clerk of Council 1 1 RESOLUTION WHEREAS, the City of Tybee Island may from time to time acquire items of equipment or other personal property that at the time of acquisition it intends to later finance through the Georgia Municipal Association lease - purchase program, NOW, THEREFORE, BE IT RESOLVED that the Mayor, City Clerk or City Administrator is hereby authorized and directed to make and execute Declarations of Official Intent to reimburse the costs of acquisitions of such equipment and other items of personal property through the use of tax - exempt lease financing in compliance with Treasury Regulations Section 1.103 -18; and BE IT FURTHER RESOLVED, that said official, in compliance with such regulations, make all such declarations of official intent available to the public by placing a copy of each such declaration in a place to be designated for such purpose with the permanent records of the City of Tybee Island, including actions of this body, maintained at City Hall Tybee Island, Georgia. ADOPTED THIS 14TH DAY OF MAY, 1992. 1 1 DECLARATION OF OFFICIAL INTENT UNDER TREASURY REGULATIONS SECTION 1.103 -18 The undersigned official, having been duly authorized by Resolution of the governing body of the City of Tybee Island for such purpose, hereby declares the official intent of the City of Tybee Island to reimburse and refinance the costs of the acquisition of Truck, Tractor, Computer Equipment through financing under the Georgia Municipal Association lease - purchase program in an amount not to exceed $38,435.00. This declaration of official intent is made in compliance with Treasury Regulations Section 1.103 -18, and shall be made available to the public by the deposit of a copy of this declaration in official records of the City of Tybee Island available for inspection by the public. This declaration of official intent is made on April 9, 1992, being a date prior to the expenditure of any funds for the property described above. TITLE:Mayor of Tybee Island GEORGIA MUNICIPAL fl SSOCIATION 201 Pryor Street, SW • Atlanta, Georgia 30303 • 404/688-0472 • FAX: 404/577 -6663 May 19, 1992 Ms. Rowena B. Fripp City Administrator City of Tybee Island 401 Butler Avenue Tybee Island, Georgia 31328 -0128 RE: Lease - Purchase Program Dear Ms. Fripp: Please find enclosed the proposed lease supplement for the City of Tybee Island's new equipment. Please review, execute, and return these documents to my office prior to May 25, 1992. Upon receipt of the Lease Supplement, GMA will execute the equipment lease and our servicing bank will issue payment as outlined in Schedule H. IThe interest rate for,the lease - purchase is 4.52% and the city's first payment will be due July 15, 1992. Please note Schedule B provides an amortization table for the proposed lease - purchase. Please remember if the lease documents are not returned by May 25, 1992, then GMA cannot guarantee the interest rate. If you have any questions, please do not hesitate to call me at (404) 688 -0472. Sincerely, Afc AZ( Mark Knowles Lease Program Manager Enclosures cc: James V. Burgess, Jr., Executive Director 1 OFFICERS Tracy P. Stallings President Mayo.. Carrollton Ed CannIngton, Jr. Feet V.c:e President Mayor. I.uripkin Myrtle R. Davis Second Vice President Councilmember, Atlanta BIS McIntosh Then Vice President M,, 1. M milnu James A. Neal Immediate Past President Mayor Pro Tem, Toccoa James V. i'.urgess, Jr. I.zocut.l'. i Duector BOARD OF DIRECTORS Pest Presidents: Lace rutch,Executive Duactnr, Southeast Geor- ge HDC • Frank Sherrill, Mayor. Social Circle • Bill Reynolds, Mayor, Rriinbridge • Bob Knox, Jr., Mayor, Thomson • Gerald Thompson, Mayor. i.it,gorald District Board: Perry Lee DeLosch, Mayor, Claxton • W. S. °Smitty" Snell, Mayor, Vrdolia • Henry Mathis, Commissioner. Albany Leroy Rogers, Commis- sion Chairman, Titian • Ed Martin, Mayor, Warner Robins • Chris Joseph, Mayor, LaGrange • John Lawson, Mayor, Avondale Estates • Marty Jones, Councilmember, Conyers • Carolyn Long Banks, Crxrnciimernbor, Atlanta Sandra B. Johnson, Councilmember. Aiphrrolto • 13111y M. Copeland, Mayor, • J. Clark Boddie, Mayor. Palmetto • Betty Hunter, Councilmember, Marietta • Eddie Weaver, Alderman, Chatsworth • Derward Buchan, Mayor, Douglas • John Knox, Mayor, Waycross • Bob Hamrick, Councilmember, Gainesville • C. Lloyd Smith, Mayor, Ellijay • Helen G. °Slstie° Hudson, Mayor, Sparta • Lyn Hunt, Councilmem- ber, Madison • Johnny Bradfield, Mayor, McRae • Billy Ray Godfrey, Mayor, Cochran Directors At- Large: Bath Sheehan, Alderman, Snvnnnah • James W. Buckley, Mayor, Swainsboro • Maynard Jackson, Mayor, Atlanta • Evelyn Tumor, Councilor, Columbus • Keith Dixon, Mayor, Kngsland • Charier neVeney, Mayor, Augusta.. Jimmy Rainwa- ter, Mnyor, Valdosta Suction Presidents: Walter S. Chew, Jr., City Attorney, Montezuma • Kon Hammons, City Manager, Dublin • Kathryn B. Martin, City Clerk, Barnesville GMEBS Chairman: Ed Cannington, Jr., Mnyor, Lumpkin GEORGIA MUNICIPAL ASSOCIATION 201 Pryor Street, SW • Atlanta, Georgia 30303 • 404/688-0472 • FAX: 404/577 -6663 May 19, 1992 Ms. Rowena B. Fripp City Administrator City of Tybee Island 401 Butler Avenue Tybee Island, Georgia 31328 -0128 RE: Lease - Purchase Program , Dear Ms. Fripp: Please find enclosed the proposed .lease supplement for the City of Tybee Island's new equipment. Please review, execute, and return these documents to my office prior to May 25, 1992. Upon receipt of the Lease Supplement, GMA will execute the equipment lease and our servicing bank will issue payment as outlined in Schedule H. IThe interest rate for the lease - purchase is 4.52% and the city's first payment will be due July 15, 1992. Please note Schedule B provides an amortization table for the proposed lease - purchase. Please remember if the lease documents are not returned by May 25, 1992, then GMA cannot guarantee the interest rate. If you have any questions, please do not hesitate to call me at (404) 688 -0472. Sincerely, Mark Knowles Lease Program Manager Enclosures cc: James V. Burgess, Jr., Executive Director 1 OFFICERS Tracy P. Stallings President• Mayor Carrollton Ed Cannington, Jr. First Vice President Mayor, Lumpkin Myrtle R. Davis Second Vice President Councilmember, Atlanta Bill McIntosh Third Vice President Mayor, Moulaie James A. Neal Immediate Past Preside -t Mayor Pro Tem. Toccoa James V. Burgess, Jr. Executive Director BOARD OF DIRECTORS Past Presidents: Lace Futch.Executive Director. Souuwast Ge :•• Ma RDC • Frank Sherrill. ayor. Social Circle • 13111 Reynolds, Mayor, Bainbridge • Bob Knox. Jr., Mayor. Thomson • Gerald Thompson, Mayor, Fitzgerald District Board: Perry Lee DaLeach, Mayor. Claxton • W. S. "Smltty" Snail, Mayor. Vidalia • Henry Mathis, Commissioner. Albany • Leroy Rogers, Commis. s.cn Chaim a^. Tifton • Ed Martin, Mayor. Warner Robins • Chris Joseph. Mayor, LaGrange • John Lawson. Mayer. Avoncaa Estates • Marty Jones. Counci imember. Conye•s • Carolyn Long Banks, C=uno;' ember. Atlanta • Sandra B. Johnson, C.^.jnciimeinOer. Aiot•ream • Billy M. Copeland. •. - •t'. !h: ii.••'t :. : :• •.,. Clark Boddie. Ma..• PaIme-: • Betty Hunter. Co ^c•:m ^, >, Mane:-.a • eddle Weaver. Alder -3" Cna•,swrrn • Derward Buchan, t, +. ,.;. Doug as • John Knox, `mayor, •:Jayc•oss • Bob Hamrick. Counc.irriernter. Gainesmlla • C. Lloyd Smith, May ^r Ellijay • Helen G. "Sistle" Hudson, Mayor. Sparta • Lyn Hunt, Co.nolmerr• ber Madison • Johnny Dradflold, Mayor. McRae Billy Ray Godfrey, Ma::•. Cocnran Directors At-Large: Beth Sheehan, Nderma- Savannah • James W. Buckley, Mayor, Swetnseoro • Maynard Jackson, Mayor. Atlan :a • F.votyn Turner, Como :• Columbus • Kelt' Dixon. Mayor, Kingslsnd • Charms Devaney, May:•. A.,cust.. • Jimmy Ralnwe• tor, Major. Valoosta Section Presidents: Walter S. Chow, Jr., C.t. Anor-,ey, Mor o uma Kon Nimmons. City Mre.nsrn. D. :t..hn • Kathryn B. Martin, City f'.t•aq:. Ba rtes :itto GMESS Chairman: EC Canningtcn. Jr., tJ ::rat Lum. ^•..r STATE OF GEORGIA UNIFORM COMMERCIAL CODE - FINANCING STATEMENT -FORM 1 (REVISED 1985) TRUCTIONS PLEASE TYPE this form. Fold only along perforation for mailing. Remove Secured Party and Debtor copies and send first 2 copies with interleaved carbon paper to the filing officer. Enclose filing fee of $5.00. For additional pages add $ 1.00 per page. If the space provided for any itemis) on the form is inadequate on the itemisl should be continued on additional sheets, preferably 5' x 8" or 8' x 10'. Only one copy of such additional sheets need be presented to the filing officer with a set of two copies of the financing statement. Long schedules of collateral, indentures. etc., may be on ony size paper that is convenient for the secured party. When a copy of the security agreement is used as a financing statement. it is requested that it be accompanied by a completed but unsigned set of these forms, without extra fee. •. At the time of original filing, filing officer should return second copy as an acknowledgement. At a later time. secured party may date and sign Termination Legend and use second copy as a Termination Statement. Filing fee for Termination Statement is included in initial filing fee. • Complete Box Re: Maturity Date- Where collateral is consumer goods as defined in Code Section 11-9-109 and the secured obligation is 5.000.00 or IOW, give maturity date of secured obligation•or specify that such obligation is not subject to maturity date. FINANCING STATEMENT Is presented to a tiling officer for filing pursuant to the Uniform Commercial Code: REORDER FROM Registre, Iac. 514 PIERCE ST. P.O. 60X 218 ANOKA, MN. 55707 1012) 421.1717 • jpgg) Name and Mailing Address: Lessee o not ab e t cy of e yebee Island J. Box 128 gee Island, Ga 31328 �nssenutas�t IWNA�z KUs) Name and Address: e S S O r Georgia Municipal Association 201 Pryor Street, S.W. Atlanta, Georgia 30303 Attn: Equipment Leasing 3. (For Filing Officer Only) File Number. Time: ()ate: • County, Georgia Office of Clerk, Superior Court aslgnee o16eL•f1rE t I ss), it any. Name and Address: L'e S3O L ch Bank of Georgia 1 htree Street 31St. Floor lat , Georgia 30303 -1757 5. If an applicable box is checked below, this financing statement Is to be indexed In the real estate records as described in Item 6a: ❑ The crops listed herein are growing or to be grown on the real estate described herein. 0 The goods listed herein are or are to become fixtures on the real estate described herein. its Financing Statement covers the following types (or items) of property: (NOTE: If collateral is •ops, fixtures, minerals or the I)Ie�emp).gle llem5; proceec�s��(ivegi(todrt daft erstceed muslin ❑ The minerals or the like listed herein (including oil and gas) or accounts will be financed at s specifically described Iqw. 1 r 1grit , 1 IL 1 e L e L the wellhead or minehead of the well or mine located on the real estate described herein. e Equipment including machinery, equipment, veh-Lrlips, ditions, accessories, accessions, modifications, attachments, pairs, replacements and replacement parts thereto and The record owner or lessee of the real estate Is erefor) described in that certain Lease Supplement dated , by and between Lessee and Lessor including rticularly the following: a Check if products of the collateral are also covered. 6a. Describe real estate applicable to Item 5, If any: 'his Statement is signed by the Secured Party instead of the Debtor to perfect a security Interest in collateral (check where applicable. otherwise Debtor is required to sign and Secured 'arty is not required to sign) already subject to a security interest In another jurisdiction when it was brought into this State or when the debtor's location was changed to this State, or !� which is proceeds of the original collateral described above in which a security interest was perfected, or as to which the filing has lapsed, or I] acquired after a change of name, identity or corporate structure of debtor. City of �Tybee Island IMPORTANT - COMPLETE THIS BOX Maturity Date If none state so Georgia Municipal Association (Use whichever signature line Is applicable) Signature(s) of r e• or(s) FILING QFFICER COPY By Signature(s) of Secured Party(les) 1 EXHIBIT LEASE SUPPLEMENT THIS LEASE SUPPLEMENT (this "Lease Supplement ") is made and entered this 26th day of May ,1992 by and between GEORGIA MUNICIPAL ASSOCIATION, INC., a Georgia non - profit corporation ( "Lessor ") and the City of.Tybee Island a municipal corporation and political subdivision of the State of Georgia ( "Lessee "). RECITALS: Lessor and Lessee have entered into a Master Lease (Equipment) (the "Master Lease ") dated April 8, 1991, which provides for Lessor to lease to Lessee certain items of equipment (the "Equipment ") to be specified in Lease Supplements to be executed and delivered by Lessor and Lessee from time to time; and Lessor and Lessee are entering into this Lease Supplement pursuant to the Master Lease to specify the terms for the lease of certain Equipment. LESSOR AND LESSF.F. HEREBY AGREE AS FOLLOWS: 1. Definitions. Unless a different meaning or intent is required by this Lease Supplement, the capitalized terms used in this Lease Supplement shall have the meanings set forth in the Master Lease. 2. Equipment. The equipment, machinery or personal property described on the Equipment Schedule incorporated as Schedule A to this Lease Supplement is specified as the Equipment that initially is the subject hereof. 3. Term of Lease. The Starting Term for the Lease of the Equipment shall begin on May 26, 1992 (the "Starting Date ") and end on December 31, 1992. The Lease will be renewed for (1) successive calendar year Renewal Terms (the "Renewal Terms "), and an Ending Term (the "Ending Term ") commencing January 1, 1994, and ending May 15, 1994 (the , "Ending Date "), unless Lessee gives a Nonrenewal Notice or there occurs an Event of Nonappropriation, as provided in the Master Lease. The "Lease Tenn" is the period from the Starting Date to the Ending Date, subject to the earlier expiration or termination of the Lease as provided in the Master Lease. 4. Lease Payments. The Rental Schedule, incorporated as Schedule B. to this Lease Supplement describes the initial amounts and payment dates of the Rentals for the Lease, and the Purchase Price for the Equipment. The Termination Payment set forth in the Master Lease shall become due and payable if the Lease should expire or be terminated prior to the Ending Date. 5. Agreements,. Representations and Warranties. Lessee represents, warrants and agrees as follows: (a) Lessee's representations, warranties and agreements contained in the Master Lease are true, accurate, complete and effective as of the date hereof. (b) In order to enable Lessor to offer the interest rate contained in this Lease, Lessee represents and warrants that it has not issued, nor does it (taken together with the entities with which it must be aggregate pursuant to Section 265(b) (3(E) of the Code) reasonably expect to issue (taking into account the Leases) more than $10 million of tax- exempt obligations (other than private activity bonds) for the calendar year during which the Lease becomes effective. As provided in Code Section 265(b)(3) (B(II), Lessee specifically designates the Lease as a 'qualified tax -exempt obligation" as provided by Code Section 265(b)(3). Lessee will take no action that will directly or indirectly affect the deductibility of that portion of Lessor's interest expense allocable to a Lease. r (c) i The Equipment is essential to the proper and efficient operation of Lessee, and during the term hereof, the IEquipment will ,be used by Lessee, by other departments and agencies of Lessee, consistent with the permissible scope of Lessee's authority for the purpose of performing one or more essential governmental or proprietary functions. 1 1 1 (d) All requirements have been met and procedures have been followed in order to ensure the enforceability of this Lease, and Lessee has complied or will comply with such public bidding requirements as may be applicable to this Lease and the acquisition of the Equipment. (e) The Equipment will be owned by Lessor free and clear of all liens and claimC of others. (f) Lessee has made an available appropriation of and included in its current operating budget all Rentals for the Starting Term and the Termination Payment applicable to this Lease. 6. Effe&t f T tease Supplement. This Lease Supplement is intended as a separate Lease of the items of Equipment described in this Lease Supplement pursuant to the Master Lease. The terns, conditions and provisions of the Master Lease are hereby incorporated in this Lease Supplement to the same extent as if fully set forth in this Lease Supplement in this place, except to the extent expressly amended or modified by this Lease Supplement. This Lease Supplement may be executed in multiple counterparts, each of which shall constitute an original. This Lease Supplement shall be effective only upon the due completion and execution of the Schedules listed below and the delivery thereof to the Servicer. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Supplement to be duly executed, under seal, as of the date first above. Lessor. GEORGIA MUNICIPAL ASSOCIATION, INC. By: Title: Executive Director [SEAL} Lessee: City of Tybee Island [SEAL] Schedules Hereto: Attest Title: A Lease Program Manager By: L' v Title: MAYOR Attest: A. Equipment Schedule B. Rental Schedule C. Appropriation Certificate D. Closing Certificate E. Opinion of City Attorney F. Qualification Certificate G. Form 8038G H. Equipment Acceptance Certificate Title: Clerk of Council Manufacture, Model Number and Function 2155 GP TRACTOR 150 POWER RAM DODGE PICKUP 1 SCHEDULE A EQUIPMENT SCHEDULE Serial Amount to be Number Financed L02155G $ 15,730.00 1B7HM16Y5NS618551 $ 16,686.00 Tybee Island SCHEDULE B 5/19/92 to Deere Tractor and Pick-up II ucCHEDULE Interest Portion Total Rental Purchase Payment Principal Date Portion (at 4.52% p.a.) Payment Price $32,416.00 05/26/92 07/15/92 $1,211.68 $203.50 $1,415.18 08/15/92 $1,293.72 $121.45 $1,415.18 09/15/92 $1,298.76 $116.42 51,415.1.8 10/15/92 $1,307.41 $107.77 $1,415.18 11/15/92 $1,308.90 $106.27 51,425.18 12/15/92 $1,317.26 $97.92 $1,415.18 01/15/93 $1,319.12 $96.05 $1,415.18 02/15/93 $1,324.26 $90.92 $1,415.18 03/15/93 $1,337,71 $77.46 $1,415.18 04/15/93 $1,334.62 580.56 $1,415.18 05/15/93 $1,342.24 $72.93 $1,415.18 06/15/93 $1,345.04 570.14 $1,415.18 07/15/93 $1,352.37 $62.81 $1,415.18 08/15/93 $1,355.54 $59.64 $1,415.18 09/15/93 $1,360.81 $54.36 $1,415.18 10/15/93 $1,367.69 $47.48 $1,415.18 11/15/93 $1,371.43 $43.74 $1,415.18 I3.2/15/93 51,378.01 537.17 51,415.18 01/1/94 $1,382.13 $33.04 $1,415.18 02/15/94 $1,387.51 $27.66 51,415.18 03/15/94 $1,395.07 $20.19. $1,415.18 04/1.5/94 $1,398.34 $16.83 $1,415.18 05/15/94 $2,926.36 $11.02 $2,937.39 Total 532,41.6.00 $1,655.28 $34,071.28 Amount Financed $32,416.00 Rate expires 6/5/92 SCHEDULE C APPROPRIATION CER 1'h1CATE RE: Master Lease (Equipment) dated April 8,1991 and Lease Supplement (the "Lease Supplement") May " dated Ma 26,1992, between Lessee and Georgia Municipal Association, Inc. S u The undersigned officers of City of T y bee Island and ( the "Lessee") hereby certify y that all Rentals for the ($8,491.08) and the Termination Payment ($16,982.16) under the referenced Lease Supplement, fo lement, calendar year ending December 31, 1992, are within such Lessee's operating budget or budgets for such period and an appropriation of funds for such year has been made for such purpose and is available therefor. Dated: 05/22/92 1 Signed : Name: WALTER W. PARKER Title: MAYOR (Mayor, City Manager or Administrator) Attest: 0 t r o q Name: ac uyn R. Brown Title: City Clerk EJurv,r).) INSTRUCTIONS: 1. To be given at the time of signing a Lease Supplement and on or before February 1 of each year with respect to the current calendar year. 2. Complete a separate certificate for each Lease Supplement in effect. 1 1 SCHEDULE D CLOSING CERTIFICATE (Lease Supplement) We, the undersigned, DO HEREBY CERTIFY that we are the duly elected, qualified and acting• officers of City of Tybee Island (the "City"), that set forth below are our official titles and genuine signatures and that we have this date officially signed a Lease Supplement (the "Lease ") dated May 26, 1992 with Georgia Municipal Association, Inc. (the "Lessor"). The Lease bears the official signatures of the undersigned and the seal of the City is impressed thereon.. WE FURTHER CERTIFY as follows: 1. City is a municipal corporation, duly created and existing under the provisions of a charter enacted by the General Assembly of Georgia, as amended (the "Charter "). 2. No litigation or proceeding of any kind is now pending or threatened in any court or other public body to restrain or enjoin the issuance or delivery of the Lease by the City or in any manner contesting, questioning or affecting (i) the terms, provisions, enforceability or validity of (a) the Lease, or (b) the Resolution or Ordinance hereinbelow referred to, or (c) the Master Lease (Equipment) referred to in the Lease (the "Agreement "), (ii) the proceedings and authority under which the Lease is made; (iii) the power of the City to carry out the transactions contemplated by the Agreement, or (iv) the legal existence of the City or the titles of the present officers or their right to their respective offices. 3. The Lease and the Agreement have, upon due authorization, execution and delivery by the Lessor, will have been duly authorized, executed and delivered by the City and constitute the legal, valid and binding obligations of the City enforceable in accordance with their terms. force and effect. 4. There exists no default or "Event of Default ", under the Agreement, and the Agreement is in full I 5. The City's execution and delivery of the Agreement and the Lease and its compliance with the provisions thereof and performance of the covenants contained therein, do not and will not conflict with or constitute on the part of the City a violation of, breach of, or default under its Charter, any existing constitutional provision, statute, court or administrative regulation or order, agreement or other instrument to which the City is subject or party or by which the City is bound. No officer or employee of the City has violated O.C.G.A. §§ 45 -10 -3 or 45 -10 -23 in connection with the transactions contemplated by the Lease. 6. Each of the representations and warranties of the City contained in the Agreement and the Lease is ' true, accurate and complete in all material respects, and the City has complied with or performed each of its covenants, obligations and agreements under the Agreement and the Lease. 7. The information statement on Form 8038G required by Section 149(e) of the Internal Revenue Code of 1986 to be filed with the Secretary of Treasury, or his designee, in connection with the Lease is true, correct and complete. 1 8. The Ordinance or Resolution of the City Council of the City was duly adopted at a meeting held on April 9, 1992 for which due and reasonable public notice was given in accordance with the City's procedures and the provisions of law, duly assembly, at which a quorum was present and' acting throughout, and same has not been amended, altered, or revoked and are in full force and effect, and appear of public record in the minute books of the City which are in my custody and care. The undersigned officers are authorized by the Ordinance or Resolution to execute and delivery the Lease. 9. The Equipment that is subject to the Lease has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the Ending Date under the Lease. 4. 10. Monies appropriated for the payment of amounts under the Lease will be paid from the City's general fund and will not be pledged for the Lease or be otherwise separately identified o> accounted for. 11. None of the Equipment is expected to be used in any trade or business of any person other than a government unit. 12. The payment of no portion of the Lease is (under the terms of the Agreement or pursuant to any underlying arrangement) directly or indirectly (1) secured by any interest in property used or to be used in any trade or business of a person other than a governmental unit, or payments with respect to such property, or (2) to be derived from payments I(whether or not to the City) in respect of property or borrowed money used or to be used in the trade of business of any person other than a governmental unit. 13. The Borrower has not been notified of any listing of it by the Internal Revenue Service as an issuer that may not certify its obligations. 14. The proceeds of the Lease will not be used in a manner and no other action will be taken or omitted that would cause the Lease to be an "arbitrage bond" under Section 148 or a "private activity bond" under Section 142 of the Internal Revenue Code of 1986, as amended and regulations promulgated under that Section. WITNESS our hands and the official seal of the Issuer as of the MAY , 1992 , Office Held MAYOR 1 22nd day of SCHEDULE I QUALIFICATION CEI2111-41CATE The undersigned officer of the City of Tybee Island, Georgia, ( "Lessee ") hereby certifies with respect to that certain Master Lease (Equipment) dated April 8, 1991, and that certain Lease Supplement dated May 26, 1992, between Lessee and Georgia Municipal Association, Inc. ( "Lessor ") that Lessee has designated the Lease under the Lease Supplement as a "qualified tax - exempt obligation" under Section 265(b)(3) of the Code. The Lessee and its subordinate entities, and the entities that issue obligations on behalf of Lessee have not issued other tax - exempt obligations (other than private activity bonds) in the current calendar year, and Lessee does not expect that it and such other entities will issue such tax- exempt obligations such that all of such obligations, taken together with the Lease Amount under the Lease Supplement, would exceed $10,000,000 in such calendar year. The only other tax- exempt obligations issued or expected to be issued in such calendar year by such parties are as follows: Issue Amount IN WITNESS WHEREOF, I have set my hand this of MAY , 19 SIGNATURE: Name: WALTER W. PARKER 22nd day Title: 1 MAYOR SCHEDULE H EQUIPMENT ACCBk'1ANCE CER111-ICATE THE UNDERSIGNED CITY (the "Lessee ") DOES HEREBY CERTIFY: (a) The Lessee has received, tested, and finally accepted the Equipment that is the subject of the Lease Supplement (the "Lease Supplement ") dated May 26, 1992 between Georgia Municipal Association, Inc. and the Lessee; (b) Lessee authorizes and directs the Servicer under Lease Supplement to pay the vendors of said Equipment as indicated below: Name and Address of Vendor INDUSTRIAL TRACTOR COMPANY, INC. P. 0. BOX 17309 JACKSONVILLE, FLORIDA 32245 -7309 KARP MOTORS, INC. P. 0. BOX 14160 SAVANNAH, GEORGIA 31416 Purchase Order or Invoice No. PO# 8024 INVOICE# 939 Amount $15,730.00 P0# 8094 INVOICE # 0313 $16,686.00 (Should Lessee have previously paid Vendor, or require another means of payment to the Vendor, it should attach a request for an alternate payment method with a full explanation and, if applicable, proof of payment to the Vendor.) Dated 1 1 1 DOCUMENT INSTRUCTIONS LEASE SUPPLEMENT NOTE: ON ALL VECHICLES REQUIRING TITLE, A COPY OF THE MV - 1 APPLICATION LISTING GMA AS LIENHOLDER MUST ACCOMPANY LEASE DOCUMENTS. Uniform Commercial Code Financing Statement Please sign in the lower left hand corner , which is labeled "lessee ". Also add the city's address to the upper right hand box labled "lessee ". GMA will complete this document at closing. Exhibit C - Lease Supplement: Please sign on the Lessee position, which is marked with the City's name. This document should be attested by the City Clerk. Exhibit C - Schedule A: Please insert appropriate information as requested (Le., add serial number, amount, or model number). Exhibit C- ScheriulP B: No action is required for this schedule. Exhibit C- Schedule C: Please• date, sign, and have the City Clerk attest this document. Exhibit C- Schedule D: Please sign and date this document. Exhibit , - hedule E: ; .city attorney should complete this form. If the enclosed "L)ease,Suppl: • ent" - solutio opiaiion will no • e needed. th - . e p Exhibit C- Schedule F. Please add necessary information ( i.e., list all tax- exempt obligations), date, and sign this document. Exhibit C- Form 8038 -G: Please add the city's Tax I.D. number in Box 2; the report number (i.e., in sequence) in Box 4; and sign at the bottom. GMA will complete this document at closing. Exhibit C- Schedule H: Please complete requested information. Remember, if the city would like to be reimbursed for equipment purchases, then an original cancelled check or - ifi . i.n fr.m v- . •r if full •. -nt •n v-n• •r I -rh- .. i r- :uir • Please return the enclosed document and all attachments (Le., clips, etc.) to: Mark Knowles Lease Program Manager Georgia Municipal Association 201 Pryor Street, S.W. Atlanta, Georgia 30303 IF•YOU HAVE ANY QUESTIONS OR SHOULD NEED ANY ASSISTANCE, PLEASE DO NOT HESITATE TO CALL ME OR RONNIE PAT TERSON AT (404) 688 -0472. LEASE DOCUMENTS MUST BE EXECUTED COMPLETELY AND CORRECTLY BEFORE ANY CHECKS WILL BE ISSUED BY THE SERVICING BANK. Note: GMA's Lienholder Code is 10288896, please provide this code to your vendor. "G1%90-3." If an issuer (e.g.. a state) issues obligations through many departments or agencies. the issuer may assign a letter of the alphabet to each department or agency and each may separately number its reports by indicating both the report number and I (e.g., G1990 -5 -C, G1990 -2 -D). —Date of Issue. —Enter the date of This is generally the date on which t suer physically exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds. For a lease or installment sale, enter the date interest starts to accrue. Line 7—Name of Issue. —Enter the name of the issue, if one exists. Line 8 —CUSIP Number. —Enter the CUSIP (Committee of Uniform Securities Identification Procedure) number of the bond with the latest maturity. If the issue does not have a CUSIP, enter "N /A." Part II. -=Type of Issue Identify the type of obligations issued by checking the appropriate box(es) and entering the corresponding issue price. The issue price does not include interest from the dated date to the date of issue (if payable at regular intervals of one year or less). Line 18. —Check this line only if lines 11- 17 do not apply and enter a description of the issue in the space provided. Part III.— Description of Obligations I Je 19. —For bonds issued as part of the e with the latest maturity date, enter maturity date, the interest rate (or pon rate), the issue price, and the stated redemption price at maturity. If the bonds are reoffered to the public, the issue price should be based on the reasonably expected reoffering price. The issue price does not include interest from the dated date to the date of issue (if payable at regular intervals of one year or less). The stated redemption price at maturity is the amount payable (without regard to optional redemptions) at maturity (excluding interest payable at regular intervals of 1 year or less). For a lease or installment sale, enter "N /A" on line 19, columns (a) through (d). Line 20— Columns (c), (d), and (e).— Enter the issue price, stated redemption price at maturity, and weighted average maturity in years (e.g., 8.7 years). The stated redemption price at maturity of the entire issue is the sum of the stated redemption prices at maturity of each bond issued as part of the issue. For a lease or installment sale, enter "N /A" on line 20, column (d). Page 2 The weighted average maturity is the sum of the products of the issue price of each maturity and the number bf years to maturity (determined separately for each maturity and by taking into account mandatory redemptions), divided by the issue price of the entire issue (from line 20, column (c)). For a lease or installment sale. enter the total number of years the lease or installment sale will be outstanding. Line 20— Columns (f) and (g). —Enter the yield as defined in section 148(h), only if it has been computed. The yield is the discount rate which, when used to compute the present value of all payments of principal and interest to be paid on the obligation, produces an amount equal to the purchase price, including accrued interest. If the issue is a variable rate issue, enter "VR" as the yield of the issue. If the issue is a lease or installment sale, enter the effective rate of interest being paid. Enter the net interest cost (NIC) in column (g). The NIC for an issue may be determined by dividing the total interest payments for the issue (reduced by any premium or accrued interest and increased by any discount) by the product of the issue price from line 20, column (c) and the weighted average maturity from line 20, column (e). If it is a variable rate issue, enter "VR" as the NIC of the issue. Part IV. —Uses of Original Proceeds of Bond Issues For a lease or installment sale, enter "N /A" on Part IV. Line 21— Proceeds used for accrued Interest. —Enter the amount of original proceeds that will be used to pay interest from the dated date of the bonds to the date of issue. Line 23— Proceeds used for bond Issuance costs. —Enter the amount of the original proceeds that will be used to pay bond issuance costs, including fees for trustees and bond counsel. Line 24— Proceeds used for credit enhancement. —Enter the amount of the original proceeds that will be used to pay fees for credit enhancement that are taken into account in determining the yield on the issue for purposes of section 148(h) (e.g., bond insurance premiums and certain fees for letters of credit). Line 25— Proceeds allocated to reasonably required reserve or replacement fund. —Enter the amount of the original proceeds that will be allocated to such a fund. Line 26— Proceeds used to refund prior issues. —Enter the amount of the original proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds. Line 28— Nonrefunding proceeds of • issue. —Enter the amount received by the issuer net of any issuance costs and credit enhancement fees, and net of proceeds allocated to a reasonably required reserve or replacement fund and proceeds ussd for refunding prior issues (including advance refunding). (Subtract line 27 from line 22 and enter amount on line 28). Part V.— Description of Refunded Bonds Complete this part only if the bonds are to be used to refund a prior issue of tax - exempt bonds. For a lease or installment sale, enter "N /A" on Part V. Line 29. —Enter the remaining weighted average maturity of the bonds being refunded. Determine the remaining weighted average maturity without regard to the refunding. The weighted average maturity is determined in the same manner as on line 20, column (e). Line 30. —Enter the last date on which any of the bonds being refunded will be called. Line 31. —Enter the date of issue of the bonds being refunded. If more than a single issue of bonds will be refunded, enter the date of issue of each issue. Part VI.— Miscellaneous Line 32. —Enter the amount of the issuer's state volume cap allocated to the issue under section 141(b)(5). Line 33. —If any portion of the issue will qualify for the small issuer exception to section 265 contained in section 265(b)(3)(8)(i)(III), enter the amount of the obligations that will qualify for the exception. Line 34a. —Enter the amount of this issue used to fund a loan to another governmental unit, the interest of which is tax - exempt. Signature Form 8038 -G must be signed by an authorized representative of the issuer. e0.S. Government Printin6 Offices 1999- 26t.tSl /00029 r.: Department of the Treasury Internal Revenue Service Instructions for Form 8038 -G Iev. October 1989) Illkormation Return for Tax- Exempt Governmental Obligations ! Under Section 149(e) A'separate Form 8038 -G must be filed for each obligation. (Note: U .9e Form 8038 -GC if the issue price is under $100,000) (Section references are to the Internal Revenue Code unless otherwise noted.) Paperwork Reduction Act Notice We ask for this information to carry out the Internal Revenue laws of the United States. We need it to ensure that you are complying with these laws. You are required to give us this information. The time needed to complete and file this form varies depending on individual circumstances. The estimated average time is: Recordkeeping . . . .13 hrs., 38 min. Learning about the law or the form . . . . 1 hr., 29 min. Preparing, copying, assembling, and sending the form to IRS 1 hr., 47 min. If you have comments concerning the incuracy of this time estimate or ggestions for making this form more ple, we would be happy to hear from u. You can write to either the Internal Revenue Service, Washington, DC 20224, Attention: IRS Reports Clearance Officer, T:FP; or the Office of Management and Budget, Paperwork Reduction Project (1545. 0720), Washington, DC 20503. General Instructions Purpose of Form Form 8038 -G is to be used by issuers of tax-exempt governmental obligations to provide IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Parts 11,111, IV, V, and VI, should be completed on the basis of available information and reasonable expectations as of the date the issue is issued. If an item does not apply to the issue you are reporting, enter "N /A" in the space provided for the item. Who Must File Issuers must file a Form 8038 -G for each issue of tax - exempt governmental obligations issued after December 31, 1986, if the is "sue price (line 20, column (c)) of the issue is $100,000 or more. If the -sue price is less than $100,000, issuers ust file Form 8038 -GC, Consolidated nformation Return for Small Tax- Exempt governmental Bond Issues, Leases and Installment Sales, which is a consolidated report filed annually for all such issues. Issuers use Form 8038 -T, Arbitrage Rebate, to pay the arbitrage rebate to the United States. When To File File Form 8038 -G on or before the 15th day of the second calendar month after the close of the calendar quarter in which the issue is issued. Form 8038 -G must be completed based on the facts as of the issue date. Late filing. —A Form 8038 -G filed after the due date may be granted an extension of time to file under section 3 of Rev. Proc. 88 -10, 1988.1 C.B.. 635, if it is determined that the failure to file in a timely manner is not due to willful neglect. A late Form 8038 -G should be sent to: Internal Revenue Service, Philadelphia Service Center, Statistics of Income Unit, P:DA:Unit F -SOI, Philadelphia, PA 19255, Stop #335. Type or print at the top of the form, This Statement Is Submitted in Accordance with Rev. Proc. 88.10." Attach to the Form 8038 -G a letter briefly setting forth the reasons why Form 8038 -G was not submitted to the IRS on time, and also indicating whether the bond issue in question is under examination by the IRS. Do not submit copies of the trust indenture or other bond documents. Where To File File Form 8038 -G with the Internal Revenue Service Center, Philadelphia, PA 19255. Definitions • A tax - exempt obligation is an obligation on which the interest is excluded from income under the Internal Revenue Code. A tax - exempt obligation is not limited to the formal issuance of bonds. It also includes installment purchase agreements and financial leases. • A tax - exempt governmental bond is a tax-exempt bond that is not a private activity bond. • A private activity bond is generally an obligation issued as part of an issue of which: (1) More than 10% of the proceeds are to be used for any private business use; and (2) More than 10% of the payment of principal or interest of the issue is either secured by an interest in property to be used for a private business use (or payments in respect of such property), or is to be derived from payments in respect of property (or borrowed money) used for a private business use. An obligation is also considered a private activity bond if the amount of the proceeds to be used to make or finance loans (other than loans described in section 141(cX2)) to certain persons exceeds the lesser of 5% of the proceeds, or $5,000,000. Private activity bonds should be reported on Form 8038, Information Return for Tax•Exempt Private Activity Bond Issues. Issue. — Generally, do not treat separate obligations as part of the same issue unless the obligations are issued by the same issuer, on the same date, and pursuant to a single transaction (or series of related transactions). With respect to draw-down loans, all amounts reasonably expected to be advanced within 3 years of the date of the first draw may be treated as part of the same issue if the draws are equally and ratably secured by the same loan agreement and are pursuant to a common financing arrangement. All obligations that are issued pursuant to a single finance lease or Installment purchase agreement may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation. Specific Instructions Part l.— Reporting Authority Amended Return. —If you are filing an amended Form 8038 -G, check the amended return box and complete Part I and only those parts of Form 8038•G you are amending by entering the correct information. Use the same report number (line 4) as was used for the original report. Do not amend the estimated amounts previously reported once the actual amounts are determined. Line 1. —The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. In the case of a lease or installment sale, the issuer is the lessee or the purchaser. Line 2— Issuer's employer Identification number (EIN). —If the issuer does not have an employer identification number, enter "None" and attach a completed Form SS -4, Application for Employer Identification Number, to Form 8038 -G. If, the issuer applied for such a number but has not yet received it, attach a statement giving the date of the application and the office where it was submitted. Line 4— Report number.— Number reports consecutively based on the filing date (not the date of issue). For example, If the issuer filed two Forms 8038 -G in the 1990 calendar year, the "report number" for the third Form 8038 -G would be Form 8038 -G (Rev. October 1989) Department of the Treasury Internal Revenue Service • Information Return for Tax - Exempt Governmental Obligations • P Under Section 149(e) P See separate Instructions (Use Form 8038 -GC If the Issue price is under $ 100,000) ReportIncr uthority is name 'Y OF TYBEE ISLAND 3 ber and street • OMB No. 1545-0720 Expires 1 -31 -92 . 401 BUTLER AVENUE 5 City or town, state, and ZIP code TYBEE ISLAND, GEORGIA 7 Name of Issue Check box If Amended Return P- ❑ 2 Issuer's employer Identification number 58- 6000661 4 Report number G1992 - 6 Date of Issue PMFNT LEASE ° Type of Issue (check box(es) that applies and enter the Issue Price) 9 Check box if obligations are tax or other revenue anticipation bonds )- ❑ 10 Check box if obligations are in the form of a lease or installment sale).- El 11 ❑ Education 12 ❑ Health and hospital 13 0 Transportation 14 ❑ Public safety 15 ❑ Environment (including sewage bonds) 16 ❑ Housing 17 ❑ Utilities 18 El Other. Describe (see Instructions))- EQUIPMENT LEASE 8 CUSIP Number NA Part 111 Description of ObII atlons Issue price (a) (b) (c) (d) (e) (g) Maturity date Interest rate Issue price Slated redemption Weighted (n Net Interest 19 Final maturity . .riceatmaturit averraa/;emalurit Yletd ��,y NA %//%// %/r�/� %//�/ %�//Tl/ % / /�% /�it 20 Entire issue . • �� ��%�� Pr" -1V Uses of Ori: ina, Proceeds of Bond Issues Inciudin _ underwriters' discount 5� 1 ro 21 roceeds used for accrued Interest 22 :sue price of entire issue (enter line 20c) 23 Proceeds used for bond issuance costs (including underwriters' discount) 24 Proceeds used for credit enhancement 25 Proceeds allocated to reasonably required reserve or replacement fund 26 Proceeds used to refund prior issues • 27 Total (add lines 23, 24, 25, and 26) 28 Nonrefundin roceeds of the issue Pert V. Descri 23 24 25 26 subtract tion of Refunded Bonds com tete this line onl enter for refundlnere 29 Enter the remaining weighted average maturity of the bonds to be refunded 30 Enter the last date on which the refunded bonds will be called 31 Enter the date s the refunded bonds were issued I- !PartVI Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue 33 Enter the amount of the bonds designated by the Issuer under section 265 b 3 B I III issuer exception) g y ()( )( )(}( ) (small 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units). NA b Check box if this issue is a loan made from the proceeds of another tax - exempt issue >r ❑ and enter the name of the'l issuer >r they are true. correct, and complete. and the Under penalties of perjury. I declare that I have examined this return and accompanyi gtschedu esland statements, and to the best of my knowledge and belief, issue lb- 21 NA 22 NA r/r/§ Ili NA bonds NA NA NA years NA Please Sig Her ature of olicer 5 22/92 Date For erwork Reduction Act Notice, see page 1 of the Instructions, 'WALTER PARKER, MAYOR Type or print name and title Form 8038 -G (Rev. 10 -89) *0.3. Cortrna5ot ?rioting etrleral 1969 - 262 -151 /00019 1 P R O C L A M A T I O N WHEREAS, NATIONAL POPPY DAY has been set aside throughout this country as a day in which all people can help our disable American Veterans; and WHEREAS, the Tybee Island American Legion, Post 154, and the Tybee Auxiliary, traditionally take this opportunity to support disabled American veterans; and WHEREAS, All donations received from the sale of poppies go directly to the aid of brave veterans and their families; NOW THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF TYBEE ISLAND, GEORGIA, DO HEREBY PROCLAIM FRIDAY AND SATURDAY, APRIL 24th and 25th, 1992, AS "TYBEE ISLAND POPPY DAYS" AND I DO FURTHER EXHORT ALL CITIZENS OF OUR CITY TO SUPPO::r THE AMERICAN LEGION POST 154 AND THE AUXILIARY IN THEIR EFFORT TO HONOR OUR ESTEEMED DISABLED AMERICAN VETERANS FOR THEIR CONTRIBUTIONS TO OUR COUNTRY. THIS 23rd DAY OF APRIL , 1992. WALTER W. PARKER, MAYOR 1 1 POLL OF COUNCIL MAY 5, 1992 SUBJECT: REFERENCE TO CHIEF MCCUTCHEN'S RECOMMENDATION TO CANCEL ACTIVITIES FOR WEEKEND OF MAY 15 - 16 JACK YOUMANS JIMMY BROWN CHRIS SOLOMON BURKE DAY ANSLEY WILLIAMS PAT LOCKLEAR NOT TO CANCEL NOT TO CANCEL YES TO CANCEL YES TO CANCEL YES TO CANCEL NOT TO CANCEL MAYOR PARKER BROKE TIE BY VOTING TO CANCEL THIS POLL WAS TAKEN BY ROWENA FRIPP 1 1 1 TO : MAYOR AND COUNCIL FROM: PLANNING COMMISSION DATE: MAY 7, 1992 RE: SEASIDE COLONY REQUEST FOR AMENDMENTS TO DECLARATION OF COVENANTS THE FOLLOWING RECOMMENDATIONS ARE PRESENTED FOR YOUR CONSIDERATION CONCERNING SEASIDE COLONY: THE ORIGINAL COVENANTS AS RECORDED DID NOT INCLUDE PHASE II FOR TAX PURPOSES. PHASE II WAS LATER RECORDED BY AMENDMENT. THROUGH AN OVERSIGHT THE WORDING IN THE AMENDMENT TO INCLUDE PHASE II DID NOT PROVIDE FOR A STAIRWAY EXTENSION BEYOND THE FRONT OF THE BUILDING AS IS PROVIDED IN PHASE I. IT IS THE RECOMMENDATION OF THE PLANNING COMMISSION THAT PURSUANT TO THE MINUTES OF JANUARY 11, 1990 CITY COUNCIL MEETING, SEASIDE COLONY WAS ACCEPTED BY CITY COUNCIL WITH NO MENTION OF PHASE I OR II BUT AS A WHOLE SO THEREFORE THIS IS ACCEPTABLE FOR PHASE II. THE SECOND AMENDMENT THAT MR. MCCUSKER WAS SEEKING IS AS FOLLOWS: NOW THEREFORE, THE SAID DECLARATIONS ARE AMENDED AS FOLLOWS: I. IN ORDER TO PROMOTE THE CONCEPT OF THE RESIDENTIAL STRUCTURES BEING BUILT INSIDE BUILDABLE AREAS, THE FRONT SETBACKS FOR LOTS 17 THROUGH AND INCLUDING LOT 28 ARE MODIFIED SO THAT UNCOVERED FRONT ENTRANCE STAIRWAYS MAY EXTEND UP TO TEN(10) FEET FORWARD OF THE FRONT OF THE BUILDING. II. IN ORDER TO PROMOTE THE STRUCTURAL UNIFORMITY OF THE RESIDENTIAL STRUCTURES AND PROVIDE RECTANGULAR BUILDABLE AREAS, THE BUILDABLE AREAS ON LOTS 21,22, AND 18 ARE MODIFIED AS FOLLOWS: A) ON LOTS 21 AND 22, THE SOUTHERN SIDE OF THE BUILDABLE AREAS SHALL BE INCREASED FIVE (5) FEET, THEREBY MODIFYING THE REAR PROPERTY SETBACK SOT THAT IT IS 10 FEET ON THE NORTHWEST CORNER AND FIVE (5) FEET ON THE SOUTHWEST CORNER OF THE BUILDABLE LOT. B) ON LOT 18 THE NORTHERN SIDE OF THE BUILDABLE AREA SHALL BE INCREASED FIVE FEET SO THAT THE FRONT OF THE BUILDABLE AREA SHALL BE AT AN APPROXIMATE 90% ANGLE. IT IS OUR RECOMMENDATION THAT THE MAYOR AND COUNCIL APPROVE THE REQUEST FROM MR. MCCUSKER TO AMEND HIS COVENANTS.