HomeMy Public PortalAbout19920514CCMeeting1
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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)
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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.
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(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.