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HomeMy Public PortalAbout19960208CCMeeting1 1 1 1996- 02 -08. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, February 8, 1996 in the City Hall Auditorium, with Mayor Walter W. Parker presiding. The following members of Council were present: Edward Merves, Jack Youmans, William Remeta, Michael A. Hosti, Mariann Wildi, and Mallory Pearce. City Attorney Edward Hughes was present to represent the City on legal issues. Mayor Parker called the meeting to order and asked the Reverend David Laughner to give the invocation. The Pledge of Allegiance was recited. Mr. Chuck Bargeron asked Council for permission for the World 1,000 sailboat race that will start in Florida and end in Virginia. On June 1st they would be on Tybee starting at 6 P.M. and taking off again on June 2nd at 10 A.M. Mr. Bargeron said that in the past they have used the beach area in front of Spankys', but this year because of the beach renourishment they would like to come in down in front of the Ocean Plaza. Mrs. Sheena Chapman requested a special one day special beer permit for the Saint Michael's Spring Fling on April 28. Bonnie Gaster was representing Mr. & Mrs. David Peters on their request for purchase of 2400 square feet of city property on Solomon Avenue. Ms. Gaster made reference to the City selling a portion of Bay Street to Michael Counihan. Mr. David Peters said that by having that portion he could place his house on the lot with some yard. Mr. Peters also mentioned that there is a drainage problem that needs looking into. Mr. John Cullum, candidate for probate judge of Chatham County, gave some background information on himself and asked that Tybee citizens support him in the March 5th election. Mayor Parker recognized Mrs. Sallie Keller who is also running for probate judge. Mr. Bert Barrett, Jr. commented on the volleyball courts stating he is in favor of having them but would ask Council to place them between the library and the old school. Mr. Barrett also spoke against the city selling part of the Solomon right of way, and to make sure that if you so sell that the city has enough room left for a proper right of way. Mayor Parker introduce the new Acting City Manager Pat Locklear. Mayor Parker opened and closed the following Public Hearing according to law: 1.) Mr. Chris Chandler requested a site plan revision on his property on Highway 80 stating that his architecture came up with a better plan. 2.) Mr. Larry Strickland presented the petition for Miss. Julia Dyer for a 6 foot front setback variance at 12 Bright Street, PIN 4- 2 -16 -4 stating that this request is for a lift for Miss. Dyer's mother. Mayor Parker asked if this house would protrude out further than others in the neighborhood? Mr. Strickland answered no it will not. Councilmember Merves made mention of the width of the doors inside the home being 30 inches whereas a wheelchair will need at least 36 inches. 1 1 1 Mr. Strickland said he would correct that and thanked Councilmember Merves for pointing that out to him. 3.) Mr. Lamar Fields asked for an extension for nonconforming use at this property located at 1811 Butler Avenue, PIN 4 -9- 8-4A. Mr. Fields said that he needs the space on each side for the additions. 4.) Mrs. Lavitta Garner petitioned Council for a 2 foot sideyard setback variance in order to have a fireplace in her new home located at 1518 5th Avenue, PIN 4- 8 -11 -7. Mayor Parker asked if this fireplace was preconstructed. Mrs. Garner said yes and it would be vinyl material. Councilmember Wildi asked if Mrs. Garner has spoken with the neighbors. Mrs. Garner said no. 5.) Mr. C.E. Hall appeared before Council requesting an after the fact setback variance for 2 18th Street, PIN 4- 9 -5 -16, for stairs encroaching into the setback. Mr. Hall said the stairs are 5 feet in diameter, face the ocean, and is here before Council looking for compassion. Mr. Hall stated that he has built in Chatham County and never had this type of problem. Mayor Parker asked if he had submitted a change of plans to the building inspection department. Mr. Hall answered no, that the stairs are not considered a permanent structure. Councilmember Remeta asked how wide the steps were. Councilmember Merves said there was another stairway. Mr. Hall said yes, there is a common stairway in the back, plus an elevator.Councilmember Wildi asked making spiral stairs into something else. Mr. Hall answered that it would not be safe and there is not enough room. Councilmember Remeta questioned the zoning district. Mr. Bargeron said it was R -2. Councilmember Remeta asked if this was next door to C -1. Mr. Hall answered yes. Ms. Ramsey Brown voiced her objections to Council granting a variance for a number of reasons. She stated that the stairs are only 5 feet from her bedroom window and she object to the noise, also she called City Hall last year and said that the stairs were being put in the setback. Ms. Brown said she talked to a man at City Hall who told her that Mr. Hall was a good contractor, a good citizen and a church going man, but he would check on her complaint and call her back. Ms. Brown said she has never heard back from City Hall on the matter. Ms. Brown said that when deliveries are made that the trucks park in her driveway and tear up her yard. Ms. Gaster said that she has no interest in the property abut has been inside during construction and that it was built well. Ms. Gaster said it is her understanding that Mr. Hall is going to keep one side for his second home. Ms. Gaster said that the stairs are needed for safety purposes. Mr. Steve Winfrey also spoke in opposition. Mayor Parker opened the meeting for business legally presented. Councilmember Pearce moved to accept the minutes of January llth and February 1st as read. Councilmember Merves seconded. Vote by Council was unanimous. Councilmember Pearce move to approve World 1,000 event 1 1 1 scheduled for June 1, 1996. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Pearce move to grant Saint Michael's a one day special beer permit for April 28, 1996. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Pearce moved to deny the request of Mr. & Mrs. David Peters for purchase of city property. Councilmember Merves seconded. Councilmember Wildi said that she looked at the property in question and that there is fill dirt, but feel Mr. Peters should have known this property when he purchased it and is also against selling. Councilmember Youmans said that Solomon is the is the only street in that area that goes east to west. Vote by Council to deny was unanimous. Councilmember Remeta moved to accept the site plan revision by Mr. Chris Chandler. Councilmember Hosti seconded. Vote by Council wa unanimous. Councilmember Youmans moved to approve the setback variance of Ms. Julia Dyer. Councilmember Merves seconded. Vote by Council was unanimous. Councilmember Pearce moved to deny the extension for nonconforming use from Mr. Lamar Fields. Councilmember Merves seconded. Councilmember Youmans said that Council has allowed people to build in the same line many times. Vote by Council to deny was 2 in favor (Pearce, Merves); 4 opposed (Youmans, Remeta, Wildi, Hosti). Councilmember Remeta moved to approve. Councilmember Youmans seconded. Vote by Council was 4 in favor (Remeta, Youmans, Wildi, Hosti); 2 opposed (Merves, Pearce). Councilmember Remeta moved to approve a 2 foot sideyard setback variance for Mrs. Livatta Garner. Councilmember Hosti seconded. Vote by Council was 4 in favor (Youmans, Remeta, Hosti, Wildi); 2 opposed (Pearce, Merves). Councilmember Pearce moved to deny the after the fact variance petitioned by C. E. Hall. Councilmember Merves seconded. Vote by council was 5 in favor of denial (Merves, Remeta, Hosti, Wildi, Pearce); 1 opposed (Youmans). City Attorney Hughes read the Resolution for ad valorem taxation exemption for certain senior citizens and explain the bill that will be presented to the legislature during this session. Councilmember Youmans moved for adoption. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Remeta presented a policy for fiscal accountability to the Council on travel and training for elected officials stating that #7 needs some work. Councilmember Remeta said that the Clerk of Council has worked out a schedule on a separate sheet. This was in the form of a motion. Councilmember Wildi seconded. Councilmember Wildi made an amendment to #3 by adding (d) to read "Official summit to Clerk of Council a paper on benefits he /she received from the training /travel within one (1) week following completion. Copy to be attached to final expense report ". Councilmember Pearce seconded the amendment. Vote on the amendment was 4 in favor ( Remeta, Hosti, Wildi, Pearce); 1 opposed (Youmans); 1 abstained (Merves). Councilmember Youmans said to change #1 to read 5 days instead of 30 days, sometimes you never know. There are some elected officials that 1 1 1 you can not pay to go to the seminars and training sessions and they won't use a nickel of their allotted funds. Councilmember Remeta said that we need a report on what you attended, some of it could probably;y be done by phone. Councilmember Remeta said amendment to 31 to 15 days, and add schedule sheet to #7. Councilmember Wildi seconded. vote by Council was 4 in favor (Remeta, Hosti, Wildi, Pearce); 2 opposed (Youmans, Merves). Vote on the original motion was 4 in favor (Remeta, Hosti, Wildi, Pearce); 2 opposed (Youmans, Merves). Councilmember Youmans moved to accept the contract form DOT project PR -8531. Councilmember Wildi seconded. Vote by Council was unanimous. Due to illness with the staff the bills for January will be presented at the March meeting. Councilmember Pearce moved to set up a search committee composed of Tybee citizens, with each councilmember and the Mayor appointing one person to come up with 5 top people and 10 alternates for the position of City Manager. Councilmember Youmans seconded. Vote by Council was unanimous. The following people were appointed: Merves - Bob Dyer; Youmans - Richard Frankenhauser; Remeta - Phil O'Dell; Hosti - Jay Cox; Wildi - Alice Martin; Pearce - Kathryn Williams; Parker - John Hutton. The cut off date for application will be the postmark of the 9th of February. Councilmember Youmans moved to pay the Acting City Manager $3,000.00 a month. Councilmember Wildi seconded. Vote by Council was 5 in favor (Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed (Merves). Councilmember Merves motioned that the City of Tybee and the YMCA of Coastal Ga. continue discussions whereby the City of Tybee will lease the property known as the Tybee School to the YMCA for the purpose of operating programs consistent with YMCA bylaws. The completed will be approved by the City Council prior to its effective date. Councilmember Pearce seconded. Vote by Council was unanimous. Councilmember Merves moved that 5 beach volleyball court be established in Memorial Park. Funds are to be provided by the BVC, Jack Boylston, chairperson. Specific location of courts within Memorial Park will be mutually agreed upon by the BVC's chairperson and the City Manager. Councilmember Wildi seconded. Councilmember Remeta said location should be approved by Council. Councilmember Pearce seconded the amendment. Vote on the amendment was 5 in favor (Merves, Remeta, Hosti, Wildi, Pearce); 1 opposed (Youmans). Vote on the main motion was unanimous. Councilmember Pearce moved for the purchase of buffers for the in line hockey in the amount of $4,000.00 to be paid for out of contingencies line item. Vote by Council was 4 in favor (Merves, Hosti, Wildi, Pearce); 2 opposed (Youmans, Remeta). Councilmember Pearce announced a meeting of the Pent Committee for February 14th at 4:15 p.m. at City Hall. Councilmember Youmans moved to rename 16th Street Tybrisa Street. Councilmember Remeta seconded. Vote by Council was 3 in favor (Youmans, Merves, Remeta); 2 opposed (Hosti, Wildi); 1 abstained (Pearce). 1 1 Councilmember Merves move to approve the alcohol beverage license for Resort Inn - Frances Spirides. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Youmans moved to approve the alcohol beverage license for Lazaretto Creek Marina - Gloria Bowen, Lamarr Springer, Susan Bowen. Councilmember Wildi seconded. Vote by Council was 5 in favor (Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed ( Merves). Councilmember Remeta moved to go into executive session to discuss litigation. Councilmember Youmans seconded. Vote by Council was unanimous. Mayor Parker opened the reconvened the regular meeting and Councilmember Hosti moved to adjourn. Councilmember Merves seconded. Mayor Walter W. Parker Clerk of Council, JRB 1 A RESOLUTION WHEREAS, on December 7, 1995 the Mayor and Council of the City of Tybee Island adopted a resolution requesting that its representatives request the General Assembly of Georgia to enact a local bill to provide for the adoption of a homestead exemption for senior citizens on limited income for municipal ad valorem taxes and that an election be held pertaining thereto; and - WHEREAS, said resolution had attached thereto a copy of a proposed bill; and WHEREAS, it appears that the original proposed bill would be ineffectual in that it made qualification for the homestead exemption for municipal ad valorem taxes contingent on qualifying for the exemption from County ad valorem taxes which would require the forfeiture of any other homestead or other exemption; and WHEREAS, the Mayor and Council of the City of Tybee Island wish to seek the enactment of a more effective homestead exemption from municipal ad valorem taxes for senior citizens of Tybee Island. NOW THEREFORE, be it resolved by Mayor and Council duly assembled, that the City of Tybee Island, through its representatives, be authorized to request the General Assembly of Georgia, through its appropriate representatives, to enact a local bill to provide for the adoption of a homestead exemption for senior citizens on limited income for municipal ad valorem taxes and that an election be held, as provided by law, to determine whether such bill should be adopted and become effective. A copy of the new proposed bill is attached hereto. 1 1 1 FURTHER, BE IT RESOLVED that the resolution previously adopted on December 7, 1995, pertaining to municipal ad valorem tax exemption, be withdrawn and rescinded. ADOPTED this o day of P� i�H .4rt , 1996. ATTEST: WALTER W. PARKER, MAYOR ENROLLMENT nt5 19 -q-k- The Committee of the House on Journals has examined the within and finds the same properly enrolled. Speaker of the Ho Clerk of the House President of the Senate Receiv Secretary of the Senate Secretary, Exec ent This O�� day of / r cote ` 19 % Approved H. B. No 1675 Act No. 5-31° General issemlxlg • AN ACT To provide a homestead exemption from '40Gokty of Tybee Island ad valorem taxes fot city purposes . in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over; and for other purposes. Read 1st time Read 2nd time Read 3rd time Ayes 146 IN HOUSE eL • I g • Q l, And Q SS tee-- - Nays 0 Read 1st time Read 2nd time Read 3rd time tvW Secretary Clerk of the House IN SENATE •14.Q„ And 3141AL Q,SGL Nays By: Rep. Day of the 153rd Senate 1 1 1 A BILL TO BE ENTITLED AN ACT To provide a homestead exemption from City of Tybee Island ad valorem taxes for City purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of the City who have annual incomes not exceeding $30,000.00, and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemptions and procedures relating thereto; to provide for applicability; to provide for referendum, effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) "Ad Valorem taxes for City purposes" means all ad valorem taxes for City purposes levied by, for, or on behalf of Tybee Island, Georgia, except for taxes to pay interest on and to retire bonded indebtedness. (2) "Base Year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted. (3) "Homestead" means homestead as defined and qualified in Code Section 48 -50 -40 of the Official Code of Georgia Annotated. (4) "Income" means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (5) "Senior Citizen" means a person who is 62 years of age or over on or before January 1 of the year in which applications for the exemption under this Code Section is made. SECTION 2. Each resident of the City of Tybee Island who is a senior citizen is granted an exemption on that person's homestead from all ad valorem taxes for City purposes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person's income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. SECTION 3. A person shall not receive the homestead exemption granted by this Act unless the person or the person's agent files an application with a designated representative of the governing authority of the City of Tybee Island giving the person's'age and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year and such additional information relative to receiving such exemption as will enable the designated representative to make a determination as to whether such owner is entitled to such exemption. SECTION 4. The exemption granted by this Act shall be claimed as required by law and shall be renewed automatically and shall continue as long as the person granted the homestead exemption under this Act is entitled to the exemption and it is the duty of any person granted the homestead exemption under this Act to notify the designated representative of the City of Tybee Island in the event that person, for any reason, becomes ineligible for this exemption. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 6. As soon as is permissible and reasonably practicable under the Federal Voting Rights of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Tybee Island, shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Tybee Island for approval or rejection. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: ( ) YES ( ) NO Shall the Act be approved which provides for a homestead exemption from City of Tybee ad valorem taxes for City purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which such exemption is first granted to a resident for certain residents of the City who are 62 years of age or over and who have 1 1 1 annual household incomes not exceeding $30,000.00 ?" All persons desiring to vote for the approval of the Act shall vote "Yes" and those persons desiring to vote for rejection of the At shall vote "No ". If more than one -half of the votes cast on such question are for approval of the Act, this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this Section, the remaining sections shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Tybee Island. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. 1 1 POLICY PAPER Fiscal Accountability for Elected Officials In order to facilitate an open fiscal management policy concerning expenditures by the elected officials in execution of their official duties, the Mayor and Councilmembers shall adhere to the following fiscal accountability procedures: 1. Each elected official shall, in writing, notify the Clerk of Council within 15 working days when he or she plans to attend a conference, training session, or other activity which requires his or her overnight absence form the City. This does not apply to a situation which requires the immediate presence of an elected official. Notification, in this situation, will be given telephonically to the Clerk of Council. 2. The Clerk of Council will notify, in writing, the other elected officials and the City Manager immediately upon receipt of a notification. 3. Upon return to the City, the elected official will, using the proper forms, submit an expense voucher to include all expenditures: (a) personally paid; (b) charged to a City credit card; (c) paid by a third party requiring reimbursement by the City or transfer from another line item; (d) official submit to Clerk of Council a paper on benefits he or she received from the training /travel within one (1) week following completion. Copy to be attached to final report. 4. The expense voucher will be given to the Clerk of Council within seven (7) working days upon return to the City. It Is the Clerk of Council's responsibility to ensure that the paperwork is complete, concise, and correct. 5. The Clerk of Council will submit the completed paper work to the City Manager within three (3) working days for crediting to the proper expenditure line item in the City's General Fund or Water Sewer Fund. 6. The City's General Fund and Water Sewer Fund will have a designated line item for each elected official in the Expenditures' Section to which will be credited all expenses incurred, whether locally or out of town, in the excise of City business. 7. The Mayor and the Councilmembers shall pro -rate a fair and equable division of the monetary appropriations approved by the Mayor and Council, in open session, for the Mayor's and Councilmembers' expenses in the performance of their duties. 1 1 1 General Government Administration 106060.6121 Youmans 1,000.00 General Government Special Approx 106064.6131 Mayor 5,000.00 Police 106170.6132 Merves 1,000.00 Fire 106171.6123 Hosti 1,000.00 Public Works 106280.6125 Wildi 1,000.00 Recreation 106390.6117 Pearce ,1,000.00 Water. Sewer 207025.6121 Remeta x,000.00 8. In the event an elected official expends his /her appropriated funds before the end of the fiscal year, that elected official may request the approval of additional funds from the Mayor and Council at a regularly. scheduled meeting. Transfer of additional funds from other line items is prohibited without the approval, in open session, of the Mayor and Council. 9. This policy shall become effective retroactively to January 2, 1996. Adopted this 8th day of February, 1996. Mayor Walter W. Parker Clerk of Council, JRB !intrImnt u# 'Transportation Ptstrtrt Aitre Jesup, Georgia 31545 PROJECT: PR -8531 (51) CHATHAM COUNTY 1.514 MILES OF WIDENING AND RESURFACING ON VARIOUS STREETS ON TYBEE ISLAND January 16, 1996 Mr. James P. Locklear, Mayor City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31328 Dear Sir: Transmitted herewith, for your further handling and execution, are the following documents covering the above referenced project. Original and two copies of City Contract Agreement. After proper execution, please return to this office for our further handling. You may retain one copy for your file. When returning the executed documents, please address to the attention of Earnest Green, Local Government R/W Coordinator, and any questions regarding this matter should be directed to Mr. Green at (912) 427- 5793. EG:bp 1 Attachments Yours very truly, DEPARTMENT OF TRANSPORTATION DISTRICT NO. 5 - JESUP FOR: Craig C. Brack, P.E. Distr'ct Eng e �� .ice ;� BY: i"%�" /i /�/■ i ' ir Earnest Gr en Local Government R/W Coordinator cc: Dan Rogers, State Aid Coordinator James L. Brown, Area Engineer Telephone 912/427 -5700 STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND 1 1 DEPARTMENT OF TRANSPORTATION CITY CONTRACT AGREEMENT ' The DEPARTMENT will assist the CITY in constructing a project for widening and resurfacing the following streets on Tybee Island: Old Tybee Road (0.260 miles beginning at US 80 and ending at Lazaretto Creek), N. Campbell Avenue (0.182 miles beginning at US 80 and ending at Van Horne Street), Van Horne Street (0.074 miles beginning at N. Campbell Avenue and ending at Meddin Drive), Meddin Drive (0.082 miles beginning at Van Horne Street and ending at Veterans Drive), Meddin Drive (0.301 miles beginning at Veterans Drive and ending at Taylor Street), Taylor Street (0.210 miles beginning at Meddin Drive and ending at Fort Street), Fort Street (0.230 miles beginning at Taylor Street and ending at Polk Street), Polk Street ( 0.175 miles beginning at Fort Street and ending at US 80); as per attached sketch and designated as Project Number PR -8531 (51), hereinafter referred to as the "Project ", a complete plan of said project is on file at the appropriate District Office of the Department of Transportation, on which reference is hereby made for all purposes; Whereas, this Project will extend within the corporate limits of the CITY; Therefore, in consideration of the mutual benefit to the parties derived from the construction, installation and operation of said improvements, the CITY agrees as follows: The CITY agrees to furnish, at no expense to the Department of Transportation, good and - sufficient title, to provide 20' - 50' existing right of way, necessary for the proper construction and maintenance of the above named project in accordance with pertinent agreements and regulations, according the plans prepared by the DEPARTMENT, including any drainage deemed necessary by the Department or it's engineers, within the limits of said City. The CITY agrees to provide for it's proper maintenance after completion of said improvements, and will make ample provisions each year for such maintenance. The CITY agrees that when the above numbered project is advertised for letting, the CITY will arrange with various utility owners to place underground facilities that are approved to remain under the pavement in a satisfactory state of repair except where this phase of work is covered by separate agreements. The CITY further agrees to assume responsibility for and cooperate with the Utility Owners in the moving, setting back, replacing or lowering of all customers' service connections, including gas lines, telephone lines, electric power lines, water mains and sanitary sewer connections to clear construction by one foot whether such facilities are publicly or privately owned except where this phase is covered by separate agreement. Additionally, the CITY will require stubs and headers to be installed to avoid future cutting of the pavement. It is further agreed that after construction is completed on off- system projects, no new or additional utilities facilities Page 1 of 2 1 ISTATE OF GEORGIA COUNTY OF CHATHAM, CITY OF TYBEE ISLAND will be allowed to encroach on the rights of way for this project except under permit issued by the CITY in accordance with the policies of the Department of Transportation, with special emphasis on the Department's prohibition on pavement cuts in new and widened roadways. The CITY agrees to remove any existing structures or obstructions as provided in pertinent agreements, prior to - advertisement for letting and to prevent any future encroachments upon -the right of way limits of said roadway not covered by permits duly issued by the DEPARTMENT or the CITY; and furthermore agrees, obligates and binds itself in accordance with Title 40 of the Georgia 'Code that it will not pass any laws, rules, regulations or ordinances which penalize, hinder or otherwise obstruct the free movement of vehicular traffic on said roadway, including angle parking, or erect any traffic signals, towers or lights on. the said right of way without written consent of the DEPARTMENT. The CITY agrees that prior to, during and after completion of the construction of the above named Project, the CITY shall defend and hold harmless the Department of Transportation for any liability for direct or consequential damages resulting from personal injury, property damages, or inverse condemnation, except for that which is the result of the sole negligence of the Department of Transportation. After completion and final acceptance by the Department, of the Project, the CITY assumes complete ownership, control, and responsibility, including any liability for the above named Project. This Agreement is made and entered into in Fulton County, Georgia and shall be governed and construed under the Laws of the State of Georgia. �j This the day of — t-..Q_a . Mayor of the City Council STATE OF GEORGIA COUNTY OF CHATHAM, CITY OF TYBEE ISLAND I, JACQUELYN BROWN, as Clerk of said CITY, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office,, and that the Mayor of the City Council was authorized and directed to execute the same for and in behalf of said City Council. Q� C_4 Witness my hand and official signature, this D V' day of , 19 C? . ty Clerk This is to certify, that in my opinion, the dedication of the streets named and described above is complete. City Attorney D to