HomeMy Public PortalAbout19940714CCMeeting1
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1994- 07 -14. City Council Meeting
The Tybee Island City Council held its regular monthly
meeting on Thursday, July 14 at 7:30 P.M. in the City Hall. Mayor
James P. Locklear presided with the following members of Council
present: Katrina Hughes, Jack Youmans, William Remeta, Phil
O'Dell, Mariann Wildi, and Paul Jackson. City Attorney Edward
Hughes was present to represent the City on legal issues.
Mayor Locklear called the meeting to order and asked all to
stand for a moment of silent prayer for the residents who have
passed away in July. The Pledge of Allegiance was recited.
Mayor Locklear opened the meeting for business legally
presented. Mayor Locklear read a Proclamation to be presented to
Mrs. Nell Devine in honor of her 95th birthday.
Mr. Gary Wisenbaker, a candidate for State Senate, stated
his campaign promises and asked for support from the residents of
Tybee.
Mr. Steve Smith of Coastal Empire Habitat of Humanity asked
permission of Council to sell cardboard chairs, tee shirts and
hand out literature to beach users that are interested in helping
build houses. This would occur for one month. Councilmember
O'Dell asked if Mr. Smith had contacted any merchants about
selling in front of their place of business as the City does not
allow selling on the beach. Councilmember O'Dell said that he
feels this is a very good cause and should be supported.
Councilmember Youmans said that he would agree as long as the
cardboard chairs are not left as litter on the beach and in the
streets of Tybee.
Mrs. Teri Gruendl of the Marine Science Center asked
permission of Council to close off a portion of the parking lot
from the MSC to 16th Street in order to hold a small festival on
August 13th from 11 a.m. until 4 p.m. Councilmember Youmans said
he has no objections if the traffic will be allowed to flow. Mrs.
Gruendl asked if barricades could be provided by the Police
Department in order to block off the west section of the lot.
Councilmember Youmans said that DPW handled the barricades and
that yes the Marine Science Center can use them. Ms. Gruendl
stated that the reason for the festival is to raise money to
supplement the MSC's expenditures. Mrs. Gruendl announced that a
beach walk is planned for July 27th. Councilmember O'Dell asked
if the MSC was charging an admittance fee. Mrs. Gruendl answered
no because the building was federally funded when it was built.
Mrs. Fripp will look into the answer concerning charging a fee.
Mallory Pearce, Co- Chairman, of the Environmental Committee
asked Council to specify 2 areas as parks: 1) Lovell behind the
Hunter House off 17th Street; and 2) area off Highway 80 on the
north side between 6th Avenue and Maple Street. Councilmember
Youmans asked not to include the area off 17th Street because the
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City may construct a new water tank on that site. Councilmember
Jackson said that the area around the new tank could be used as a
park. Councilmember Remeta moved to approve the parks contingent
upon a survey. Councilmember Jackson seconded. Councilmember
Hughes stated that she is all in favor of parks but has a problem
with parking. Mr. Pearce said that parking could be addressed at
a later date. Councilmember O'Dell said other areas of city owned
property are already designated as parks. Mr. Pearce answered
that the committee is trying to protect natural areas. Vote by
Council was 4 in favor (Youmans, Remeta, Wildi, Jackson); 1
opposed (O'Dell); 1 abstain (Hughes).
Mrs. Bonnie Gaster Westmoreland, representing Mr. Remion,
asked that the City deed the unopened right -of -way of Maple
Street to Mr. Remion. Mrs. Westmoreland stated that this area is
needed in order to make the 12 lots of record into 11 lots of
record and that no houses would encroach on the land within the
DNR jurisdiction line. It will be for view only. Mrs.
Westmoreland said that Charles and Iris Bishop have owned the
property since the 1950's. Councilmember Remeta moved to table
and send to Planning Commission. Councilmember Jackson seconded
the motion. Councilmember Hughes said Mr. Remion needs street
deeded now and then go to Planning Commission for subdivision.
City Attorney said that this request needs research. Vote by
Council in favor of tabling was 4 ( Remeta, O'Dell, Wildi,
Jackson); 2 opposed (Hughes, Youmans).
Councilmember Youmans moved to adopt the Georgia Ports
Authority Renourishment Resolution. Councilmember Hughes
seconded. Vote by Council was unanimous.
Mr. Steve Turner, Chairman of the Sign Review Board, gave a
brief update on the two meetings held. Mayor Locklear said that
one member appointed by Council has declined to serve.
Councilmember Youmans stated that the member should be appointed
by Council and not by the Board and also that all meetings must
be advertised. Mayor Locklear stated of course, and for the Board
to submit names for consideration. Mr.s Jackie Brown, Clerk of
Council, stated that the meeting are being advertised as required
by Georgia law.
Mrs. Berta Adams gave the Beach Task Force's July report on
the beach renourishment project. It is to begin at the end August
or the first of September.
Mayor Locklear gave an update on the Coastal Georgia
Regional Development Center (RDC) revamping our zoning
ordinances. It will take approximately 7 months from start to
finish with 6 public forums being held. The first is scheduled
for July 18, at 7:30 P.M. in City Hall Auditorium. Mayor said
that volleyball was on track and not to worry. Mr. Roy Valenti
asked about the status on the Tybee School property. City
Attorney Hughes answered that some wrinkles are being worked out
about the title insurance. Mr. Jim Kluttz questioned the progress
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on the pier /pavilion. Mayor Locklear answered that it is on track
and about 45 days ahead of schedule, with a projected completion
date of March 96.
Mayor Locklear opened the public hearing on a height
variance petitioned by Mr. Tommy Clark, 404 Butler Avenue, PIN 4-
4-20-1A. Mr. Clark said that he has a revised height that he
believes is workable for himself and the City. Attorney Thomas
Mahoney representing Mr. Clark introduced Mr. Kern who did
measurements on the Ocean Plaza for comparison on Mr. Clark's
petition of 44.4 feet. Mr. Mahoney stated that he looked long and
hard at this petition. The condo project is in a C -1 zoning
district. The Planning Commission recommended approval on Mr.
Clark's first request of 49 feet. The Mayor and Council rejected
it. The Planning Commission has now recommended approval of the
44.4 feet variance. Councilmember Remeta asked if this was a 4
story structure with parking underneath. Mr. Clark answered yes,
and that he has trimmed off the fat. Councilmember Youmans stated
that this is the same situation as last months' petition. Section
8 -4 -32 was written during a past administration on which he
served so that there would be fire protection in the ordinance.
Ms. Angela Byers, Zoning Administrator, stated that 2 height
variances in the C -1 Zone have been approved since the ordinance
has been in effect: Ocean Plaza and the Sands Motel. Mayor
Locklear asked if anyone wished to speak in favor of the
variance. Mayor Locklear asked if anyone wished to speak against
the variance. Mr. Rich Parker, son of property owner from Center
Street said construction would block his parents view and the
breeze from the ocean. Attorney Darrin McCuller, representing
citizens and residents of the area, stated that Mr. Clark is
asking for the same as last month with the exception of 3 feet.
Mr. McCuller asked the audience who oppose this variance to
please stand. A large number of citizens stood in opposition. Mr.
McCuller said that Mr. Clark's arguments do not sell and urge the
Council not to buy it, 35 feet is the law, without grounds for a
variance being met you must deny, there is no evidence of
hardship. Mr. Jim Kluttz spoke against quoting Mr. Clark's answer
to a question asked by Planning Commission - If you knocked off
the top floor, would you still make money? Mr. Clark's answer was
yes. Mr. Jay Helstrom spoke against. Mrs. Fripp read a letter
from Lester Shearouse against the variance.
Mr. Mahoney said that a family should have an oceanview but
Georgia law does not allow this and there is no recourse. Mr
Mahoney stated that Councilmember Youmans hit it on head when he
said that the ordinance restrictions, over 35 feet were put there
for fire safety. Please apply reason, this is a non - combustible
building, with proper fire codes and protection. Mr. Harry
Spirides asked if this building would be sprinkled? Mr. Mahoney
answered yes. Mayor Locklear closed the hearing. Councilmember
Youmans moved to approve the variance. Councilmember Jackson
seconded. City Attorney Hughes gave his opinion and explained
duties to the Council. Vote by Council was 4 in favor (Hughes,
Youmans, O'Dell, Jackson); Opposed (Remeta, Wildi).
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Mayor Locklear opened the public hearing on the charter
change on air rights. City Attorney Hughes read the charter
change for its second reading. Bert Barrett, Jr. spoke in favor
of the amendment. John Hutton spoke against the change and stated
3 reasons: 1) Public Domain Section 65 will be in conflict with
charter if 66 SS is adopted; 2) Taxes - no tools for taxing air
right property; and. 3) Zoning requirements, traffic, parking.
Mayor Locklear closed the hearing. Councilmember O'Dell moved to
table until further study can be completed. Councilmember Youmans
seconded. City Attorney Hughes said you cannot table unless you
want to start all over. Councilmember O'Dell said that more
information about crossover of streets and roads, fees should be
thought out first before conveying title to anyone. Mayor
Locklear answered that all these questioned posed by
Councilmember O'Dell would be answered during negotiations with
the individuals requesting approval for specific air rights as
designated sites in the C -1 zone. Councilmember Hughes said that
this change is not about one specific property. Councilmember
Youmans read a letter from City Attorney to Mayor Locklear
concerning Ocean Plaza air rights. Mayor Locklear stated Mr.
Spirides' inquires did precipitate this amendment to the charter.
Councilmember Hughes stated this amendment must pass. Vote by
Council to table amendment was 3 in favor (Youmans, O'Dell,
Jackson); 3 opposing (Hughes, Remeta, Wildi). Mayor Locklear
broke the tie by voting against tabling. Councilmember Hughes
moved to adopt amendment. Councilmember Wildi seconded.
Councilmember O'Dell stated that Council should think before
voting. Councilmember Youmans said if this passes it will create
more height variances from Council. Councilmember Wildi stated
that is exactly what Councilmember Youmans had just done on the
Clark request. Vote by Council was 3 in favor (Hughes, Remeta,
Wildi); 3 opposed (Youmans, O'Dell, Jackson). Mayor Locklear
broke the tie by voting in favor of the amendment. This
amendment now becomes part of the Tybee Island Charter.
Councilmember Hughes moved to adopt Section 2 -5 -2 Court
Cost Amount on its second reading. Councilmember Remeta seconded.
Vote by Council was unanimous.
Mayor Locklear announced that the petition to 4 lane the
Tybee Road before the next century will continue for two weeks.
Councilmember Hughes moved to adopt Section 3 -2 -13 (e)
Outstanding Ad Valorem Taxes for second reading. Councilmember
Remeta seconded. Vote by Council was unanimous.
Councilmember Hughes moved to approve on second reading
Section 8 -4 -32 (g) Site Plan Review C -1, C -2, and TBR.
Councilmember Jackson seconded. Vote by Council was 5 in favor
(Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans).
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The following bills for the month of June were reviewed,
found in order and recommended to be paid:
General Government 53,887.68
Police 91,603.53
Fire 5,848.54
Public Works 56,172.01
Sanitation 23,861.33
Recreation 6,548.33
Lifeguards 9,033.25
Parking 20,126.32
Water 23,296.80
Sewer 33,296.08
Mayor Locklear stated that hearing no objections from
Council the bills will be paid.
Mayor Locklear announced the appointments to the Tybee
Island Historic Preservation Board as follows: Locklear - Susan
Dulany; Hughes - Patrick O'Kane; Youmans - Jim Kluttz; Remeta -
Michael "Spec" Hosti; O'Dell - Adam Wilson; Wildi - Jim Adams;
Jackson - Gary Smith. Cullen Chamber, Director of the Lighthouse,
was also appointed to serve on the Board. Councilmember Jackson
is the ex- officio from Council. Councilmember Jackson moved to
approve the appointments, Councilmember Remeta seconded. Vote by
Council was unanimous.
Councilmember Hughes moved to approve allowing GMA to handle
the Cable Television Franchise. The approximate costs will be
$1.75 for each annual subscriber. The approximate number of
subscribers are 1398, with a yearly renewal clause. Councilmember
O'Dell seconded. Vote by Council was unanimous.
Councilmember Hughes moved that the numbering of the sign
ordinance 8 -4 -22 through 8 -4 -34 be corrected to read 8 -4 -22
through 8 -4 -30.8. Councilmember Jackson seconded. The numbering
change was unanimous by Council.
Councilmember Remeta moved to adopt the job descriptions for
the entire City of Tybee. Councilmember Wildi seconded. Vote by
Council was 4 in favor (Hughes, Remeta, Wildi, Jackson); 2
opposed (Youmans, O'Dell).
Attorney Tom Mahoney presented Council a petition on behalf
of Anne Marie Millikan for an alcohol liquor pouring license for
Hodad's Oyster Deck located at 1106 Highway 80. Mr. Mahoney
stated that all codes and regulations have been met by Ms.
Millikan and the property in question is in a C -2 zone.
Councilmember Youmans moved to approve the license. Councilmember
Wildi seconded. Mr. Mahoney stated that a full service restaurant
with handicapped restrooms will be located on the first floor.
Councilmember Wildi questioned the parking. Mr. Millikan said
there are 16 parking spaces on the property and that Butler
Avenue will not have to be used. Total seating is for 40 patrons.
Vote by Council was 5 in favor (Youmans, Remeta, Wildi, O'Dell,
Jackson); 1 opposed (Hughes).
Councilmember Youmans moved to approve a request from Ms.
Joyce Hodges for a wedding on North Beach. Councilmember Jackson
seconded. Vote by Council was unanimous.
Councilmember Hughes moved to approve a request from Tom
Seay, American Transcontinental Trailrides for a January 3, 95
event. Councilmember Wildi seconded. Vote by Council 5 in favor
(Hughes, Remeta, Wildi, O'Dell, Jackson); 1 opposed (Youmans)
Councilmember Jackson moved to approve the request of Bobby
Sanks, Southside Assembly of God, to hold outdoor christian music
concerts on July 22 and August 19 in the 15th Street parking lot.
Councilmember Wildi seconded. Vote by Council unanimous.
Councilmember Hughes moved to approve a request by Susan
Buchsbaum to hold her wedding on the beach near Ninth Street on
September 4, 1994. Councilmember Jackson seconded. Vote by
Council was unanimous.
Councilmember Youmans moved to renew and approve the $.21
per month cart increase from Waste Management. Councilmember
Wilda seconded. Vote by Council unanimous.
Councilmember Youmans moved to pass on the rate increase to
the consumers. Councilmember Wilda seconded. Vote by Council was
unanimous.
Councilmember Youmans moved to approve the purchase of a
Mower /Tractor ($17,500.) along with the purchase of 2 new trucks
for the Public Works Department to be financed through the GMA
lease purchase plan. Councilmember Jackson seconded.
Councilmember O'Dell said that the same engine, with the same
cutting width could be purchase for about $6,000.00 and that more
pricing is needed before mower /tractor is purchased.
Councilmember Youmans stated that if Mr. o'Dell can beat the
price of the selected mower, he would gladly approve it. Vote by
Council was 4 in favor (Hughes, Youmans, Wildi, Jackson); 2
opposed (Remeta, O'Dell).
Councilmember Jackson gave a report on the water lines and
storm drains on the South end of the island.
Correspondence from Mike Harvey commending the Police
Department on the patrols on and around the 16th Street area was
read and becomes a part of these minutes.
A letter form the U.S. Marine Corps concerning a training
exercise at the Tybee School property was read by Mrs. Fripp.
The Resolution on the Tybee School property which was
adopted in April was read by City Attorney Hughes.
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Councilmember Wildi motioned to adopt for their first
readings Section 9 -1 -14 (a) Licenses not Transferable, Section 9-
2-22 (a) Issuance of License, Section 9 -2 -32 (a) Issuance of
License. City Attorney Hughes read the ordinances. Councilmember
Hughes seconded. Councilmember Youmans said that if we adopt the
ordinances that a new owner would just operate under the former
owner's license until renewal date. Councilmember O'Dell said
that would be a liability to the former owner. Vote by Council
was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1
opposed (Youmans).
As there was no further business to come before Council
Mayor Locklear adjourned the meeting.
Clerk of Council, JRB
Mayor James P. Locklear
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RESOLUTION OF RESPECT
WHEREAS, July 13, 1994 was the ninety -fifth anniversary
of Mrs. Nell Lynch Devine's birth; and
WHEREAS, Mrs. Devine is "Nell" known and loved by
Islanders as a human "landmark" of Old Tybee, a "legend in her own
time" and a living source of island lore and history; and
WHEREAS, Mrs. Devine served as postmaster from 1942 to
her retirement in 1970, serving this community in its post office
for approximately forty -seven years, and becoming a repository for
local chronicles spanning the epic times from 1918 and the First
World War to 1970 and the Space Age; and
WHEREAS, Nell has proved herself to be an exceptionally
wise and knowledgeable individual, enriching the community by the
influence of her spirited personality;
NOW THEN BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE MAYOR AND
COUNCIL IN OPEN MEETING ASSEMBLED, that they send the city's best
wishes on the occasion of her ninety -fifth birthday, and that the
citizens of Tybee Island be invited to join the Mayor and Council
in wishing Mrs. Devine many happy returns of the day.
This 14th day of July. 1994.
1�
Mayo . 0 \ . �qj C,
Clerk of Counci
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A RESOLUTION
WHEREAS, the City of Tybee Island is desirous of having the
South Beach Renourishment Project accomplished in a prudent and
appropriate manner; and
WHEREAS, the City of Tybee Island has been granted a non-
exclusive easement by the State of Georgia for accomplishing the
renourishment project; and
WHEREAS, the Mayor and Council of the City of Tybee Island
wish to grant permission for the Georgia Port Authority to perform
the project on the Tybee Beach; and
WHEREAS, such project is not in violation of any zoning law;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Tybee Island, in open meeting duly assembled, that
permission shall be granted to the Georgia Port Authority
authorizing it to do the renourishment project on the Tybee Beach.
ADOPTED THIS )4 DAY OF `
c1N..„1i)1/4 Lu
ATTEST:
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1994.
JAMES PATRICK LOCKLEAR, MAYOR
YN BROWN, CLERK OF COUNCIL
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PROPOSED CHARTER AMENDMENT
An Amendment to add Section 66(ss) of the Charter of the City
of Tybee Island, Georgia to provide as follows:
(ss) Grant easements and rights of way, sell, transfer, lease
and otherwise dispose of property rights over public streets,
lanes, alleys, sidewalks, and other properties of the City on such
terms and conditions and for such lengths of time as the Council of
the City may deem proper; provided, that such transfers may not be
granted without the written consent of the owners on either side of
the streets, lanes, alleys and sidewalks, and further provided,
that such transfers may not be granted without fair and adequate
compensation being paid to the City for the transfer and further
provided such transfers may only be made in areas of the City zoned
C -1.
ATTEST:
culspi(A
I+) OF COUNCIL
1st Reading:
June 9, 1994
2nd Reading /Final Adoption:
CITY OF TYBEE ISLAND", N
C\N,
MAYOR
July 14, 1994
Ordinance # /99i /I
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY MAYOR AND COUNCIL
IN OPEN MEETING ASSEMBLED THAT THE TYBEE ISLAND CODE OF ORDINANCES
TITLE 2, CHAPTER 5, SECTION 2, COURTS COSTS - AMOUNT BE AMENDED TO
READ AS FOLLOWS:
Section 2 -5 -2 Court Costs - Amount
There shall be assessed and imposed an administrative "cost
of court" charge of fifteen dollars ($15.00) against every person
convicted of an offense as charged in a citation issued by a
duly authorized law enforcement officer of the city.
ADOPTED THIS
DAY OF , 1994.
CLERK OF COUNCIL, JRB
1ST Reading:
2nd Reading:
Enacted:
MAYOR JAMES P. LOCKLEAR
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ORDINANCE WMD R L2
BE IT ORDAINED and it is hereby ordained, by Mayor and Council
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in open meeting duly assembled that Title T, Chapter hapter 2, eIslands be
of the Code of Ordinances of the City
so as to add subsection (e) thereto to read as follows:
percent of the tax bill shall
(e) A penalty of ten (10%) paid within thirty (30) days
be added for each bill not p hereof.
of the due date established in subsection (a)
ADOPTED THIS _ DAY OF
CLER OP P COUNCIL
1st Reading :
2nd Reading :
Enacted
Tn1 07n
1994.
MAYOR
vNnnliC s.iui.I JN
J0!70r77TC n�:tT f? Tn•Nnn
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/'99 'i -/,
8 -4 -32g
Site Plan Review for C -1, C -2, TBR
Site plan approval shall be required for all construction of a
commercial nature in the Zoning Districts C -1, C -2, and TBR. the
site plan shall include but not be limited to the following:
1. Site Location - Survey of Property
2. Legal Description of property
3. Location of existing structures if any on property
4. Adjacent land use
5. Proposed use of building, structure or land
6. Placement of buildings on lot
7. Size, dimensions, or other characteristics of the
proposed structure
8. Number, size, and location of parking spaces, including
handicap spaces and access
9. Landscape plan if applicable
10. Two sets of construction blueprints showing front & side
elevations
11. Any other relevant information under this ordinance, or
requested by the Tybee Island Planning Commission, or
Mayor and Council.
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AGREEMENT BETWEEN
THE CITY OF TYBEE ISLAND AND
THE GEORGIA MUNICIPAL ASSOCIATION, INC.
FOR TELECOMMUNICATIONS MANAGEMENT SERVICES
WHEREAS, the City of Tybee Island desires to provide
regulation and oversight of Community Area of Television and other
telecommunication services being provided to the citizens of said
city;
WHEREAS, the Georgia Municipal Association (Association) has
available a telecommunication management service for cities to
assist in cable franchise regulation and renewals; and,
WHEREAS, the City has a need for such telecommunication
management services.
THEREFORE, the City and the Georgia Municipal Association
agree as follows:
Section 1. Services Provided to the City of Tybee Island.
The Association agrees to provide, either:-directly or through
its agents or subcontractors, the following services (all of which
are explained more fully infra) which are to be known as the GMA
Telecommunication Management Service:
(a) Cable Television Franchise Management, as more fully described
in Section 2 of this agreement.
(b) Cable Television Franchise Renewal Services, as more fully
described in Section 3 of this Agreement;
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Section 2. Cable Franchise Management shall include:
(a) Facilitating the City's compliance with the 1984 and 1992
Federal Cable Acts (Cable Communications Policy Act of 1984, P.L.
98 -549 and Cable Television Consumer Protection and Competition Act
of 1992, P.L. 102 -385) and the rules of the Federal Communications
Commission (FCC) governing rate regulation and other matters
affecting municipal regulation of cable TV provider(s).
(b) Facilitating the City's filing with the FCC to become a
certified FCC cable rate regulator.
(c) Regulating rates for basic service, equipment and
installation, and performing rate analysis to determine compliance
with the FCC rate regulations.
(d) Recommending and developing customer service standards for
cable T.V. operators which include establishing standards for:
(1) Office hours and telephone availability,
(2) Installations, outages and service calls,
(3) Communications between the cable system and subscriber,
billing and refunds, and
(4) Other specific contractual and legal requirements imposed
on the cable provider(s) during the terms of the cable T.V.
franchise.
(e) Developing public, educational and government access channels
(PEG) to provide programming and community information.
(f) Developing alternative video, programming and data services
for local governments, schools and institutions.
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Section 3. Cable Franchise Renewal Service shall include:
(a) Evaluating the past performance of the cable provider(s) by
conducting a franchise compliance audit to determine if the cable
provider(s) has substantially complied with the material terms of
the existing franchise and with applicable law.
(b) Determining the future cable - related needs and interests of
the City in the development and implementation of a community needs
assessment.
(c) Preparation by the Association of a request for proposal from
potential cable TV providers, following completion of the
compliance audit and community needs assessment.
(d) Evaluation of the cable TV provider(s) proposal for a new
franchise, and
(e) Preparation of a CATV franchise agreement for the City.
(f) Negotiation of a franchise agreement with the cable TV
provider on behalf of the County, in exchange for the fees
specified in Section 4(b).
Section 4. Service Fee
(a) The City agrees to pay a service fee to the Association equal
to $1.75 per cable subscriber per year for the cable
television franchise management and franchise renewal
services. The number of cable subscribers shall be determined
as of January 1 of each year and reported to the Association
by the City. The number of cable subscribers for the initial
year of the agreement is 1,295. For purposes of this section
a year shall mean January 1 through December 31.
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The service fee in the amount of $ 2,266.25 shall be paid by
the City to the Association upon execution of the agreement on
behalf of the City.
(b) GMA shall be compensated for actual fees and expenses incurred
from the use by GMA of consultants, agents or other third
parties in providing franchise agreement negotiation as
specified in Section 3(f). Prior to commencing such
negotiation, GMA shall provide a reasonable estimate of the
costs to perform such negotiation. Whenever possible, the
renewed franchise agreement shall require the cable TV
provider to reimburse the City for the costs of obtaining the
franchise negotiation service specified in Section 3(f).
Section 5. Other Services
In addition to the Franchise Management and Franchise Renewal
Services outlines above, the City may obtain franchise fee payment
auditing and technical compliance auditing of the cable provider
from the Association, its agents, employees -and subcontractors.
The Mayor is authorized to execute an addendum or addenda to this
agreement on behalf of the City to obtain such services; provided,
however, the additional fee for each service shall not exceed
$10,000.
Section 6. Effective Date and Termination.
(a) This agreement shall become effective upon the signature by
the parties and may be terminated by either party by giving at
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least 60 days advance written notice prior to the effective date of
termination to the other party. Such notices shall be mailed:
(1) If to the Association: Georgia Municipal Association,
Inc., Attention: Telecommunications Management Coordinator,
201 Pryor Street, S.W., Atlanta, Georgia 30303.
(2) If to the City: City of Tybee Island, Post Office Box
2749, Tybee Island, Georgia 31328 -2749.
(b) Upon termination, the City agrees to pay all monies owed to
the Association for services provided through the effective date of
such termination.
Section 7. Hold Harmless and Indemnification.
Each party shall bear the responsibility for liability for
negligence, errors or omissions of its own officers, agents,
employees or subcontractors in carrying out this agreement. The
City holds harmless the Association for liability for the
negligence of the City, its officers, agents, employees, or
subcontractors arising out of this agreement. The Association
holds harmless the City for the negligence of the Association, its
officers, agents, employees, or subcontractors arising out of this
agreement. In addition, the City designates the Association, its
officers, agents, employees, and contractors as agents of the City
for purposes of Section 635A of the Communications Act of 1934, as
amended, and the applicable provisions of the Local Government
Antitrust Act of 1984.
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Section 8. Amendments.
This contract may be amended by future written agreements executed
on behalf of the City and the Association.
Section 9. Law Applicable.
This agreement shall be construed under the laws of the State of
Georgia
ATTEST:
BY
;J
9
R. BROWN
RK OF COUNCIL
EXECUTED ON BEHALF OF THE CITY
OF TYBEE ISLAND
JAMES P. LOCKLEAR
MAYOR, CITY OF TYBEE ISLAND, GA.
EXECUTED ON BEHALF OF THE GEORGIA
MUNICIP4%SSOCIATION, INC.
;'4/MES V. BURGE , JR.
7//
>EXECUTIVE DIRE TOR, GEORGIA
MUNICIPAL ASSOCIATION, INC.
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A RESOLUTION
WHEREAS, the City of Tybee Island, Georgia wishes to provide
it's citizens with additional recreational facilities, properties
and buildings for recreational, governmental, and other purposes;
and,
WHEREAS, the Board of Public Education for The City of
Savannah and the County of Chatham presently has title and
possession of property and buildings at which it formerly operated
the Tybee School; and,
WHEREAS, the Board of Public Education for The City of
Savannah and the County of Chatham has agreed to sell the property
specifically described in a deed to such property and the
improvements thereon to the City of Tybee Island;
NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the
City of Tybee Island in open meeting duly assembled, that the Mayor
is hereby authorized and directed to execute a contract and any
other documents appropriate to consummate the acquisition`rthe
hereinafter described p- roperty and the improvements thereon for the
sum of THREE HUNDRED THOUSAND ($300,000.00) DOLLARS payable in
installments. The property is described as follows:
BEGINNING at a point on the Northern right -of -way of
Fifth Street, 60 ft. West of the Northwestern
intersection of the northern right -of -way line of Fifth
Street and western right -of -way line of Butler Avenue,
which point is known as the point of beginning; thence
along the northern right -of -way line of Fifth Street,
north 72 degrees, 42 minutes west a distance of 432.5
feet to a point; thence at right angles north 17 degrees,
18 minutes east a distance of 200 feet to a point; thence
at right angles north 72 degrees, 42 minutes west a
distance of 100 feet to a point on the eastern right -of-
way of Jones Avenue; thence along the eastern right -of-
way of Jones Avenue north 17 degrees, 18 minutes east a
1
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distance of 200 feet to a point; thence at right angles
south 72 degrees, 42 minutes a distance of 572.5 feet to
a point on the western right -of -way line of Butler
Avenue; thence along the western right -of -way line of
Butler Avenue south 17 degrees, 18 minutes west a
distance of 340 feet to a point located on said western
right -of -way of Butler Avenue and the property formerly
held by the Savannah Electric and Power Company; thence
at right angles north 72 degrees, 42 minutes west a
distance of 60 feet to a point; thence at right angles
south 17 degrees, 18 minutes west a distance of 60 feet
to the point of beginning.
BE IT FURTHER RESOLVED that the Clerk of Council of the City
of Tybee Island, Georgia be and is hereby authorized and directed
to attest the Mayor's signature on all appropriate and such
documents and to affix the corporate seal of said Municipality
thereon.
ADOPTED THIS L`1 DAY OF , 1994
ATTEST:
Q , \ _ L-0
JAMES PATRICK LOCKLEAR, MAYOR
ELYN UR. BROWN, CLERK OF COUNCIL
I HEREBY CERTIFY THAT,
The foregoing is a true and correct copy of a resolution
passed at the regular meeting of the Mayor and Council of the City
of Tybee Island, Georgia on the 14th day of April 1994.
This 14th day of July
, 1994.
CQUYN RJ BROWN, CLERK OF COUNCIL
TY TYBEE ISLAND, GEORGIA