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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.
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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
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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
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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).
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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