HomeMy Public PortalAbout19970213CCMeeting1
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1997- 02 -13. City Council Minutes
The Tybee Island City Council held its regular monthly
meeting on Thursday, February 13, 1997 in the City Hall
Auditorium. Mayor Walter W. Parker presided over the meeting with
the following members of Council present: Ed Merves, Jack
Youmans, William Remeta, Michael A. Hosti, and Mallory Pearce.
City Attorney Edward Hughes and City Manager Farmer were also
present.
Mayor Parker asked Reverend Edna Adkins to give the
invocation with the Pledge of Allegiance being recited
afterwards.
Mayor Parker announced that we have a large agenda and that
to please keep comments brief.
Mr. Chuck Watson explained to Council the grant from USGS
stating that the main focus of the grant would be for coastal
data management and that the information would have to be used
and not set on a shelve or just sitting in a computer. Mr. Watson
is asking that the City contribute $10,000. cash, $5,000. of this
would be returned to the Marine Science Center with a model on
computer to show you what would happen if you add a groin or add
sand for renourishment. Pearce asked Mr. Watson to give again to
Council his background. Mr. Watson said that he works on erosion
projects from Estille Island to Florida. This is a big picture
view of the problem areas. Wildi asked if he presented Council
with a similar proposal last year. Mr. Watson said yes, for
$14,000, but this would be putting data on line, reduce
engineering studies and plus be educational for the public. Hosti
said that the money could come out of the Local Option Sales Tax
Fund under beach renourishment. Mrs. Rowena Fripp said that the
City might need formal permission from the Chatham County
Commissioners because they control the money. Pearce said that
this is a new grant and that Tybee would have the distinction of
being the first, and that he had talked with Representative Jack
Kingstons' office and he would write a letter in support of the
grant. Mr. Watson said that if the grant is approved that there
would be a lot of potential for further funding.
Mr. Jeff Mosely asked Council permission to hold surfing
contests on the following dates: March 1 and 2, 15 and 16, 29 and
30; April 12 and 13, 19 and 20, 26 and 27; May 10 and 11, 17 and
18, 31 and the 1st of June. Remeta said that Mr. Mosely is doing
a great job and there has been no problem with the surfers.
Mayor Parker opened the Public Hearing on the water storage
tank location stating that most people know the ins and outs of
each location and that 10 minutes would be allotted for each site
for discussion. Mr. Johnny Jarvis said that we have heard all
about the water tank and that the tank should go on 19th Street
and Butler Avenue as the City owns the property. Mr. Sam Adams
said that Sprague Exley was out of town and that Council had a
letter from the South End Neighborhood Association stating the
reasons why the tank should not go on 19th Street and Butler
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Avenue. (copy attached and becomes part of these minutes. Those
speaking against the 19th Street and Butler Avenue location were
Bob Handeman, Harold Heymen, Brenda Henderson, Elizabeth Adams,
and Sallie Keller. Speaking in opposition of the Memorial Park
location were Howard Arata, Dave Welker, and Greg Fowler.
Speaking against the Lovell Avenue and 14th Street site was Ralph
Rawls. Mr. Henry Levy said that he was a new citizen of the
island but has been coming down for the past 60 years. The
further north you place the tank you are putting citizens at
risk. Mr. Levy begged Council to give us a water tank. Mr. John
O'Neill said that we have heard arguments for and against where
to put the water tower but we need to do what is best for Tybee
environmentally, aesthetically, and functionally. A lady from the
audience asked why the tank could not be placed at the present
location on 2nd Street. Youmans answered that it is not feasible,
there is a well on that property and it is out of the question to
put the new tank there. Mr. Steve Farley said that because of the
aquifer that the tank should be as far apart as possible in order
to have fresh water. On the subject of children climbing on the
water tank Mr. Bert Trappini said that he sees no problem. Mayor
Parker said that a fence would be around the surface area. Remeta
asked that Mr. Bill Lovett, engineer from Hussey, gay Bell and
DeYoung, come forward and tell why it is not feasible to put the
tank on the present location and do we need to connect the tank
before constructing the new tank? Mr. Lovett said it would cost
about $240,00 to connect the tanks with a 12 inch line, they are
connected now with a small line. Mr..Lovett said that the old
tank should be in service until you get the new tank constructed,
stating that he does not know what problem would occur. Remeta
asked how long would the new tank last the City. Mr. Lovett said
that a 150,000 gallon tank should serve the system for about 20
years. Remeta asked about the 250,000 gallon proposed tank at the
south end, would it last 100 years? Mr. Lovett could not answer
that question. Mr. Levy said that most of the houses on Tybee
have shallow footings and isn't it true that with a storm surge
the only thing left standing would be Fort Pulaski, the north end
bunkers and the water tank. Mr. Lovett answered that if we had
that degree of storm surge that nothing would be left of Tybee
and we could start all over. Dr Owen O'Shaunsey offered the
location behind his office as a possible site for the tank
stating that it is in a commercial district, and one of the
highest elevations on the island. Mr. Youmans said that neighbors
had come to Council to complain about the Adams Inn location.
Mayor Parker closed the hearing.
Mayor Parker asked the Beautification Committee to come
forward announcing that they had won first place in the Georgia
Clean and Beautiful Awards Program.
Mayor Parker opened and closed the following public hearing
according to law. Mr. Rande Duke petitioned Council for a 2 foot
height variance in order to build a over and under duplex on his
property on Center Terrace. Mr. Duke said that he is in a V -8
zone and because he has to follow FEMA rules and regulations it
is a hardship. Pearce asked about the hardship and the setbacks.
Mr. Duke said that on the setback that he had added extra footage
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in order to go up in height. Youmans said that anything over 35
feet has to be sprinkled. Zoning Administrator Byers said that
comes in under the life safety codes. Mr. Dukes said that he can
sprinkle. Ms. Carl Fine Paul spoke in favor of the variance.
Mayor Parker asked the opinion of the Fire Chief. Chief Brown
said that he had not seen the plans.
Ms. Sallie Keller presented a petition to Council for a
minor subdivision for two lots at 1615 Chatham Avenue stating
that Council had approved a subdivision at the same location for
three lots a few years ago but that the plat was never recorded.
Mayor Parker asked if the square footage met requirement for our
code? Ms. Byers said yes, that the front lot is big enough for
single family, and the other large enough for a duplex.
Mr. Paul Jackson presented Council with his final plat for
approval stating that there was no change. Pearce asked if it
showed the trees? Mr. Jackson answered yes. Remeta asked about
the drainage off to the bridge side of the creek. Mr. Jackson
said DOT would not allow him to pipe it.
Mayor Parker opened the meeting for business legally
presented. Remeta moved to approve the dates for the surfing
contests. Pearce seconded. Vote by Council was unanimous. Pearce
moved to approve the $10,000. for the USGC grant. Merves
seconded. Hosti said that it would not cost Tybee anything
because the money would come from the LOST Beach Renourishment
Fund. Youmans spoke against stating that we are paying Olsen &
Associate $78,000. to monitor the beach to satisfy the Federal
and State because of the funding for the beach renourishment.
Youmans said that sometimes it is better not to know because then
you are liable. Remeta said that he backs Youmans up, the grant
sounds good but we have other things that we need, later on in
the agenda we will be discussing employee wages. Pearce said that
it would pay Tybee back in a number of ways. Study would tell us
what we need to do. Kingston will support the grant application.
We would have a computer system at the Marine Science Center for
education and it will bring prestige to Tybee.Vote by Council was
4 in favor of the grant of $10,000 (Merves, Hosti, Wildi,
Pearce); 2 oppose (Youmans, Remeta).
Pearce asked Mr. Lovett to answer two questions 1.
alternative system like Savannah, 2. replacing the old tank with
the new tank at same location. Mr. Lovett said that Savannah is
run by pressure sensor devices and that they do have one or two
above ground tanks. Savannah has a 5,000,000 gallon ground
storage tank in Daffin Park with a telemetry person sitting
watching dials, cutting off and on 24 hours a day. This would not
be cost efficient for Tybee. For 2nd Street you would need at
least a 150 thousand gallon tank if you connect the tanks with a
12 inch line, existing tank is 100,000 gallons. Contractor might
have a problem - no way to know until you do it. You would spend
about $100,000. for a portable storage tank during construction
and you would not get it back. Mayor Parker said that the
existing tank is on four legs and we are going with a pedestal
tank. Mr. Lovett said that there would be a pile ring around the
pedestal. Remeta asked about the cost of a study. Mr. Lovett said
that borings to discover where the existing piling are located
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would be needed. Youmans moved to place the tank on the site at
19th Street and Butler. Remeta seconded. Voting in favor were
Youmans, Remeta, Wildi; against were Merves, Hosti, Pearce. Mayor
Parker broke the tie by voting against the location. Pearce moved
to explore the Lovell Avenue and Tybrisa site. Merves seconded.
Voting in favor were Merves and Pearce; against were Youmans,
Remeta, Hosti and Wildi. City Attorney Hughes explained about the
Memorial Park site stating that the area was designated as
recreation and park use on a map that pre -dates the incorporation
of the City of Tybee in 1887 and that a deed has not been found.
Would have to go back to the Kings Grant and come forward. Pearce
moved to place the water storage tank at the present site on 2nd
Street. Hosti seconded. Youmans said to keep in mind that not
only Hussey, Gay Bell and DeYoung but also Thomas and Hutton said
that tank should go at the south end of island. Vote by Council
was 4 in favor (Merves, Hosti, Wildi, Pearce); 2 opposed
(Youmans, Remeta). Mr. Lovett asked if we can investigate a
150,000 gallon tank and connect the tanks with a 12 inch line.
Remeta moved to approve the 2 foot height variance
petitioned by Mr. Rande Duke. Youmans seconded. Vote by Council
was 5 in favor (Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed
(Merves) .
Remeta moved to approve the minor subdivision petitioned by
Ms. Sallie Keller. Youmans seconded. Vote by Council was
unanimous.
Youmans moved to approve the final plat presented by Mr.
Paul Jackson. Remeta seconded. Vote by Council was unanimous.
Farmer asked since this is a private subdivision who will
maintain the streets, drainage and the water and sewer. Mr.
Jackson said that he has a maintenance bond for 1 year and then
it will be the home owners. Farmer asked if this wording will be
on the plat. Hughes said that nothing is dedicated to the City.
Ms. Byers answered nothing is dedicated.
Pearce moved to accept the January minutes of the three
meetings. Hosti seconded. Vote by Council was unanimous.
Mayor Parker read the bills and stated hearing no objections
they stand approved.
Pearce moved to accept the contract with Tax Commission
Danny Powers and Chatham County for collection of the Tybee
taxes. Wildi seconded. Vote by Council was 3 in favor (Merves,
Wildi, Pearce); 3 opposed (Youmans, Remeta, Hosti). Mayor Parker
broke the tie by voting in favor of the contract.
Pearce moved to do salary adjustment in stages beginning
with $50,000. and direct allocation in a fair and equitable way
with special attention to the lower end of pay scale but not
restricted to the lower scale employees. Merves seconded. Remeta
made an amendment stating that the middle stage will be looked at
in June and the upper level in September. Youmans seconded. Vote
on the amendment was 2 in favor (Youmans, Remeta); 4 opposed
(Merves, Hosti, Wildi, Pearce). Vote on the main motion by
Council was 5 in favor ( Merves, Remeta, Hosti, Wildi, Pearce); 1
opposed (Youmans). Youmans said that $50,000. is not enough
money.
City Manager Farmer gave an information report to Council on
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the changes to the zoning and inspection departments and the
statistical reports from each department. It was explained to
Council why there are three more personnel at City Hall than in
1995. Youmans asked why Rouse was being paid out of water sewer
fund when he is doing general fund work. Farmer will look into
this issue for Youmans.
Youmans said due to the fact that it was voted on to place
the new tank on the present location that we need to stop the
emergency work. Mr. Lovett said that he would not recommend to
stop the emergency repair work because the City has been notified
in writing about the shape the tank is in at the present time.
Construction of the new tank would not begin before six months.
Youmans rescinded his motion.
Remeta removed the stenographer for Council meeting from the
agenda.
Pearce moved to approve the Alcohol Beverage License for the
Big Kahuna at 1607 Strand petitioned by Ms. Sally O'Connor. Wildi
seconded. Vote by Council was unanimous.
Pearce moved to adopt the Resolution for Business Retention
and Expansion Process. Wildi seconded. Vote by Council was
unanimous.
Pearce moved to adopt the resolution for Chatham County
Board of Elections to superintend our November elections. Wildi
seconded. Vote by Council was unanimous.
Pearce moved to accept Title 200 Retirement Plan, article
III Participation, Section 6 City Manager on its second reading
with more input from City Attorney Hughes. Wildi Seconded. Vote
by Council was unanimous.
Pearce moved to accept Section 9 -1 -5 Beach Rules and
Regulation on its second reading. Wildi seconded. Vote by Council
was 5 in favor (Merves, Remeta, Hosti, Wildi, Pearce); 1 opposed
(Youmans) .
As there was no further business to come before Council the
meeting wa adjourned.
Mayor Walter W. Parker
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
February 7, 1997
Ms. Kathryn Williams
Tybee Beautification
Post Office Box 1005
Tybee Island, Georgia 31328
Dear Ms. Williams:
Zell Mille
GOVERNOR
Congratulations to you and Tybee Beautification Association for winning first place in the
1997 Georgia Clean and Beautiful Awards Program. Your entry was chosen by the panel of
judges from an impressive field of applications, and you can take pride in this well deserved
recognition.
Your award will be presented at the Department of Community Affairs' Georgia Clean and
Beautiful Awards Luncheon on Thursday, March 13, 1997, in the Thomas B. Murphy Ballroom
of the Georgia World Congress Center in Atlanta. We will mail you a complimentary reservation
and hope that you will be able to join us at the luncheon to accept your award. Your entry will be
displayed at the event, and you may pick it up after the luncheon.
To help us plan for the awards ceremony, please let us know if there are any changes or
additions to who will be accepting the award. If you have any questions, please call our Georgia
Clean and Beautiful staff at (404) 679 -3152.
Again, congratulations on your award and exemplary efforts. We look forward to seeing
you on March 13.
JH:lct
cerely,
'gd n
C. missioner
Recycled Paper
60 Executive Park South, N.E. • Atlanta, Georgia 30329 -2231 • (404) 679 -4940
An Equal Opportunity Employer
EQUAL HOUSE40
OPPO TmNm
ARMSTRONG
I STATE COLLEGE
Known as Armstrong Atlantic
State University
To:
From:
Date:
Subject
Department of Chemistry, Physics, and Engineering Studies
Direct: 921-7332
Fax: 921 -5587
e-maii:cluis_schubenh@mailtrare.armstrong.edu
Letter of Support
Mayor and Council
City of Tybee Island
Christopher J. Schuberth
Professor of Geology, Armstrong
10 February 1997
NSDI Grant Proposal
tiantic State University (AASU)
This letter is in support of the proposed action plan. A Systemic Ant?rcach to the Constructive and
Destructive Shoreline Processes alma the Tvbee Coast by Anoiving High Technoloav Geosvatiai
Data.
This grant proposal. which requires a letter of intent of providing S l0.CCO in cash support by the
City of Tybee Island and establishes a three - partner collaboration. will benefit its citizens through:
• Cash funding in the maximum amount of 340.0Cfl to carry out the action plan that comes
directly from the United States Geological Survey (USGS):
• In -kind contributions committed by AASU to establish a searchable electronic
clearinghouse node at the Univerisity that is to be located in the Department of Chemistry.
Physics, and Engineering Studies:
• Developing a program that integrates ail pertinent electronic geospatial data available
through the National Oceanic and Atmespneric Administration ( NOAA ), USGS, and other
federal agencies per compliance with USGS Grant guidelines:
• Establishing a user - friendly Internet workstation at the Marine Science Center
accessible to teachers, schoolchildren, and general public that is linked to the AASU node,
a direct return of $5,000 from the $10,000 cash support from the City of Tybee Island:
• Attempting to determine cause and effect relationships in the complex sand - sharing
system that typically define barrier island morphology and dynamics;
• Developing predictive models with a high probability of accuracy to identify the
impact of proposed engineering projects within the littoral system reducing chances for
possible litigation when unexpected and unwanted responses occur in shorefront dynamics:
• Reducing engineering costs as a consequence of projects that are predicted to be
successful as opposed to those engineering projects carried out without the certainiry of
success or failure.
As you all know, I chair the Beach Erosion Task Force and. as a professional geciogist. speak
from a position of familiarity with the dynamics of open coast sand beaches. 1 ask that you view
this project with favor.
_`.tr. _ _ :i'::it: ail. L'e r : i _ .
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06/1997 07:53 912 -921 -5587
DIU OF CUR & INST PAGE 02
75)
s�2G 2
Coastal Processes and Their Meets O11 Tybee fibroid
Title of Rction Plan:
A Systemic Approach to the Constructive and Destructive Shoreline Processes along
the Tybee Coast by applying High Technology Geospatial Data
Description of Action Plan:
Coastal areas face numerous conflicts in the management of sensitive coastal
resources. Understanding both natural and anthropogenic change in these areas is
dependent on having ready access to historical and current data. Testing predictive
models of coastal change requires a consistent and well- documented baseline data
base. This project will create for the United States Geological Survey (USGS) a level
D2 National Digital Spatial Data Infrastructure (NSDI) node of the data collected in
various formats by the participants for the coastal Georgia area. This node is to be
located at Armstrong Atlantic State University (AASU). Local access to the node
will be through a work station located at the Tybee Marine Science Center (TMSC).
As part of establishing the node, the data will be used in the following five initial
applications:
• Testing the use of NSDI node in a predictive model of shoreline responses
to the coastal erosional /accretional processes along the totalTybee Island
shoreline;
• Developing a module to be located at AASU and TMSC in the use of NSDI
by science teachers and students that applies through science lessons
conclusions reached from the data base;
• Rppiying the NSDI node for the education of both public officials aand the
general public at the local, county -wide, aand state -wid levels as to the history
of the coast;
• Reducing shoreline engineering maintenance costs;
• Encouraging additional State and Federal funds to flow into Tybee Island
needed to mitigate the naatural shoreline processes based on the baseline
data.
Collaborating Agencies:
(1) Armstrong Atlantic State University. Serves as the lead agency to collaborate in
all educational and outreach activities.
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DIV OF CUR & INST PA-GE- 03
(2) Watson Technical Consulting. Serves as node developer
all technical applications required by the action plan.
(3) City of Tybee Island. Serves as the end -user of NSDI data
required by the grant to be a sponsoring agency.
Budget:
Expenses:
Cash Expenditures:
CCW Travel /Publications
TMSC Workstation
AASU Admin Overhead
Data Conversion (WTC)
Node Development
Model Interface
Model Testing
AASU Ethic. Outreach
Cash Outlays Total
In -Kind Expenditures:
AASU Internet Site (primary)
AASU Co- Principal Salary
AASU Co- Principal Travel
AASU Student Assistants
WTC Addn Data Collect /Verif
Tybee Workshop
In -Kind Total
Project Cost
Fending:
USGS
City of Tybee Island (CASH)
City of Tybee Island (1n-Kind)
AASU (In -Kind)
WTC (In -Kind)
and the integration of
generated and is the
$ 2,000.00
$ 5,000.00 Multimedia workstation w/ AASU link
$ 5,000.00 10% of funds overhead admire costs
$ 10,000.00 (25 working days @WTC gov rate 400 /dy
$ 12,000.00 (30 working days @WTC gov rate 400 /dy
$ 4,000.00 (10 working days @WTC gov rate 400 /dy
$ 6,000.00 (15 working days @WTC gov rate 400 / dy
$ 3,000.00 Creating materials, linking groups, etc.
$ 50,000.00
$ 5,000.00
$ 5,000.00
$ 2,000.00
$ 3,000.00
$ 10,000.00
$ 1,000.00
$ 31,000.00
$131,0119.011
$ 40,000.00
$ 10,000.00
$ 1,000.00
$ 15,000.00
$ 15,000.00
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x/06/1997 07:53
912 - 921 -5587
DIV OF CUR & INST PAGE U4
Total Funding $ 81,110O.00
Federal Share 49%
Tybee Share 14%
AASU receives: $ 8.004.00
WTC receives: $ 32,000.00
Point of Contact:
Prof. Christopher J. Schuberth, AASU
Co-Principal Investigator, Education and Outreach Applications
Voice: 921 -7332
Fax: 921 -5587
Other Personnel:
Charles C. Watson, Jr,
Co- Principal Investigator, Technical Applications and Node Development
Voice: 826 -4462
Fax: 826 -4529
Bill Farmer, City Manager
City of Tybee Island
Voice: 786 -4573
Fax: 786 -5737
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Bills for the Month of January 97
General Government 60,006.97
Police 137,642.35
Fire 7,455.10
Public Works 88,247.40
Sanitation 4,585.54 (Waste Management bill
not included)
Recreation /Lifeguard
Parking
Water Sewer
Fund Three
Beach Renourishment
17,559.50
57,851.26
26,443.08
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STATE OF GEORGIA
COUNTY OF CHATHAM
)
)
AGREEMENT ..L
THIS AGREEMENT made and entered into this /5 rA day of
neu4 mh0 and between THE CITY OF TYBEE ISLAND, GEORGIA,
d�, 199 f�, by
hereinafter sometimes called "City ", and DANIEL T. POWERS, in his
capacity as Tax Commissioner of Chatham County, Georgia,
hereinafter sometimes called "Tax Commissioner ".
W I T N E S S E T H:
WHEREAS, the City desires to enter into a contract with the
Tax Commissioner, for the purpose of his overseeing the collection
of tax monies on behalf of the City of Tybee Island; and
WHEREAS, the Tax Commissioner will oversee all collection
efforts on behalf of the City for city taxes; and
WHEREAS, entering into this Agreement would be beneficial to
the taxpayers of the City and result in less monies expended by the
City for the purposes of tax collection thus freeing the City of
Tybee Island staff employees to perform other needed tasks; and
WHEREAS, entering into this Agreement
efficient tax collection process;
NOW THEREFORE, the City and Tax Commissioner have entered into
this Agreement in the consideration of the mutual covenants
hereinafter set forth and for other good and valuable
considerations, and agree each with the other as follows:
would allow for a more
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1.
Upon the millage rate being set each year, Tax Commissioner
shall prepare the tax digest for the City, based upon the millage
rate as fixed and determined by the governing body of the City of
Tybee Island, levy, assess and collect all taxes for City in the
same manner as taxes for Chatham County are levied, assessed and
collected, apply and invoke any remedies, methods and procedures
authorized and /or permitted by law for collection of City taxes,
account for and remit to City all taxes collected in a reasonable
and timely manner after the date of collection, oversee all City
tax collection, billing, delinquent collections and all other
mattes regarding the collection of City taxes and perform such
supervisory duties as required in connection with that Agreement of
even date herewith between Chatham County and the City of Tybee
Island regarding the collection of City taxes and by reference
hereto a part hereof as Exhibit "A ".
2.
In consideration of the above and the duties and supervisory
obligations of Tax Commissioner, the City shall pay to Tax
Commissioner the sum of $2.75 for each parcel of real estate or a
bill of personalty for which a tax bill is issued by the Tax
Commissioner.
3.
All payments required by the above paragraph shall be paid by
the City on or before September 1, 1997, for the purposes of
collecting 1997 City taxes and on said date of each successive year
in which this Contract remains in force.
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4.
This Agreement shall commence on January 2, 1997, and shall
terminate on December 31, 1997. However, this Agreement shall be
automatically renewed on an annual basis unless either party
notifies the other party in writing of its wish to terminate this
Agreement not less than sixty (60) days prior to December 31, 1997
or any subsequent year in which the contract is in effect. Such
written notices shall be mailed, Certified Mail, Return Receipt
Requested, if to the City:
City Manager
City of Tybee Island
Post Office Box 3
Tybee Island, Georgia 31328
and if to Tax Commissioner:
Chatham County Tax Commissioner
Room 109, Chatham County Courthouse
Post Office Box
Savannah, Georgia 31412
with a copy to:
Chairman
Chatham County Board of Commissioners
Post Office Box 8161
Savannah, Georgia 31412
5.
It is the intention of the parties that the laws of Georgia
shall govern the validity of this Agreement, the construction of
its terms and the interpretation of the rights or duties of the
parties.
6.
In the event any provision or portion of this Agreement is
held by any court of competent jurisdiction to be invalid or
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unenforceable, such holding shall not affect the remainder hereof
and the remaining provisions shall continue in full force and
effect to the same extent as would have been the case had such
invalid or unenforceable provision or portion had never been a part
hereof.
7.
On and after the date of this Agreement, both parties shall,
at the request of the other, make, execute and deliver or obtain
delivery all instruments and documents and shall do or cause to be
done all such other things which either party may reasonably
require to effectuate the provisions and intentions of this
Agreement.
8.
Time is and shall be of the essence of this Agreement.
9.
The parties signing this Agreement hereby state that they have
the authority to bind the entity on whose behalf they are signing.
10.
This Agreement supersedes all prior discussions and agreements
between the parties and except for said Exhibit "A" this Agreement
contains the sole and entire understanding between the parties with
the respect to transactions contemplated by this Agreement and all
promises, inducements, offers, solicitations, agreements,
representations and warranties heretofore made between the parties,
if any, are merged into this Agreement. This Agreement shall not
be modified or amended except by written instrument executed by or
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on behalf of the parties in the same manner in which this Agreement
is executed.
11.
This Agreement shall be binding upon the parties
their successors in office.
hereto and
12.
Words of any gender used in this Agreement shall be
construed to include any other gender, and words of a
number shall be held to include the plural, and vice -vers
the context requires otherwise.
held and
singular
a, unless
13.
Each and every exhibit referred to or otherwise mentioned in
this Agreement is attached to this Agreement and is and shall be
construed to be made a part of this Agreement by such reference or
other mention at each point at which such reference or other
mention occurs, in the same manner and with the same effect as if
each exhibit were set forth in full at length every time it is
referred to or otherwise mentioned.
14.
All reference to paragraphs or subparagraphs shall be deemed
to refer to the appropriate paragraph or subparagraph of this
Agreement. Unless otherwise specified in this Agreement, the terms
"herein ", "hereof ", "hereinafter ", "hereunder" and other terms of
like or similar import, shall be deemed to refer to this Agreement,
as a whole, and not to any particular paragraph or subparagraph
hereof.
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15.
Except as expressly limited by the terms of this Agreement,
all rights, powers and privileges conferred hereunder shall be
cumulative and not restrictive of those provided at law or in
equity.
CITY COUNCIL OF TYBEE ISLAND, GEORGIA
By:
Walker Parker, Mayor
Attest` \1
6
. Brown, er
CHAT COUNTY TAX COMMISSIONER
Daniel T' Powers Chatham County
Tax Commissioner
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EXHIBIT "A"
A G R E E M E N T
GEORGIA, CHATHAM COUNTY
THIS AGREEMENT made and entered into this day of December,
1996, by and between Chatham County, Georgia, by and through its
Board of Commissioners, hereinafter sometimes referred to as
"County, and the City of Tybee Island, Georgia hereinafter
sometimes called "City ", and approved and consented to by Daniel T.
Powers in his capacity as Tax Commissioner of Chatham County,
Georgia hereifafter sometimes called "Tax Commissioner"
W I T N E S S E T H:
WHEREAS, the General Assembly of the State of georgia enacted
Code Section 48- 5- 359.1(a), providing as follows:
That any County and any municipality wholly located within
such County may contract, subject to approval by the Tax
Commissioner of the County, for the Tax Commissioner to
prepare the tax digest for such municipality; to assess and
collect municipal taxes in the same manner as County taxes;
and, for the purpose of collecting such municipal taxes, to
involve any remedy permitted for collection of municipal
taxes. Any contract authorized by this subsection between the
County governing authority and a municipality shall specify
and amount to be paid by the municipality to the County, which
amount will substantially approximate the costs to the County
providing the service to the municipality. Notwithstanding
the provisions of any other law, the Tax Commissioner is
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authorized to contract for and to accept, receive, and retain
compensation from the municipality for such additional duties
and responsibilities in addition to that compensation provided
by law to be paid to him by the County; and
WHEREAS, the City desires to enter into a contract with the
County, for the purpose of collecting tax money on behalf of the
City; and
WHEREAS, the Tax Commissioner of Chatham County currently
collects all County taxes from residents of Chatham County who are
also residents of the City of Tybee Island, and entering into this
Agreement would eliminate the City's duplication of tax billing and
collection services; and
WHEREAS, entering into this Agreement would allow taxpayers to
deal with only one governmental body in regard to questions
concerning taxes as well as the payment of taxes, thus eliminating
much confusion engendered by having to deal with two separate
governmental bodies; and
WHEREAS, entering into this Agreement would eliminate the
confusing of City taxpayers as to which office each payment (for
City and County taxes) must be remitted; and
WHEREAS, entering into this Agreement would be cost effective
for the City in that funds spent for tax bills, forms, mailers,
postage, computer programming, office supplies, and record keeping
would be eliminated; and
WHEREAS, the City's staff employees would be free to perform
other needed tasks, thus allowing said staff to provide a greater
level of service to the public and to City employees; and
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WHEREAS, the fees to be paid by the City for such services by
the Tax Commissioner will substantially approximate the costs to
the County to provide such services.
NOW, THEREFORE, in consideration of the premises and for other
good and valuable considerations, including the mutual
considerations hereinafter set forth, the County and the City agree
as follows:
1.
County, through the Office of the Tax Commissioner, shall bill
for and collect all City property taxes levied by the City.
2.
County shall prepare the tax digest for City.
3.
County shall invoke any remedy allowed to City in collection
of City taxes.
4.
In the event a taxpayer in bankruptcy, County shall prorate
the amount of taxes due each entity according to the percentage
each entity's bill has to the whole tax amount due.
5.
County shall prepare and timely submit to City the following
reports:
(a) TO BE FURNISHED ANNUALLY:
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(i) Preliminary tax digest totals;
(ii) Exempt list by name;
(iii) Exempt list by parcel;
(iv) Parcel list in numerical order;
(v) Breakdown of City tax amounts by tax
distribution;
(vi) Breakdown of City tax assessments by
classification.
(b) TO BE FURNISHED BY- WEEKLY, BREAKDOWN BY CATEGORY OF TAX
MONEY COLLECTED BY TAX YEAR FOR:
(i) School maintenance and operations;
(ii) School bonds if any;
(iii) Recreation maintenance and operations if any;
(iv) Recreations bonds if any;
(v) Building authority bonds if any;
(vi) General government
(vii) Adjustment to include N.O.D.'s, releases and
refunds; and
(viii) After taxes are delinquent, breakdown of interest
and penalty collected b y the County.
6.
City shall pay to County the sum of $1.25 per tax parcel for
real estate and personal property. County shall provide the
services outlined herein and shall receive a fee of $1.25 per
parcel promptly after the County remits funds to the City following
the collection of City taxes. The County shall deliver a check to
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the City Treasurer as close as possible to the 10th day of each
month following and shall not hold City taxes in excess of fifteen
(15) working days after collection. In the event the County holds
City tax money in excess of fifteen (15) days working days after
collection, the County shall remit to City the amount of interest
earned by County on said withheld monies.
7.
City will furnish to County all information and documentation
necessary for County to provide the above - referenced services.
8.
With respect to City taxes which are delinquent, it is agreed
that the County shall pursue collection remedies on behalf of the
City. The County Delinquent Tax Office shall pursue collection of
delinquent taxes on behalf of the City and County equally and all
sums whether incurred by the County or collected from the
delinquent taxpayer shall be retained by or be paid by the County.
9.
County shall provide access to records of the Tax
Commissioners to City through its auditors for purposes of a yearly
audit or for other good and sufficient cause as determined by the
reasonable judgment of City.
10.
This Agreement shall commence on January 2, 1997, and shall
terminate on December 31, 1997. However, this Agreement shall be
automatically renewed on an annual basis unless either party
notifies the other party in writing of its wish to terminate or
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change this Agreement not less than sixty (60) days prior to
December 31, 1997 or any subsequent year in which the contract is
in effect. Such written notice shall be mailed, Certified Mail,
Return Receipt Requested, if to the County.
and a copy to:
and if to the City:
Chairman
Chatham County Board of Commissioners
Post Office Box 8161
Savannah, Georgia 31412
Daniel T. Powers
Chatham County Tax Commissioner
Room 109, Chatham County Courthouse
133 Montgomery Street
Savannah, Georgia 31401
City Manager
City of Tybee Island
Post Office Box 3
Tybee Island, Georgia 31328
11.
It is the intention of the parties that the laws of Georgia
shall govern the validity of this Agreement, the construction of
its terms and the interpretation of the rights or duties of the
parties.
12.
In the event any provision or portion of this Agreement is
held by any court of competent jurisdiction to be invalid or
unenforceable, such holding shall not affect the remainder hereof
and the remaining provisions shall continue in full force and
effect other same extent as would have been the case had such
invalid or unenforceable provision or portion had never been a part
hereof.
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13.
On and after the date of this Agreement, both parties shall,
at the request of the other, make, execute and deliver or obtain
and deliver all instruments and documents and shall do or caused to
be done all such other things which either party may reasonably
require to effectuate to the provisions and intentions of this
Agreement.
14.
Time is and shall be of the essence of this Agreement.
15.
The parties signing this Agreement hereby state that they have
the authority to bind the entity on whose behalf they are signing.
16.
This Agreement supersedes all prior discussion and Agreements
between the parties and this Agreement contains the sole and entire
understanding between the parties with the respect to transactions
contemplated by this Agreement and all promises, inducements,
offers, solicitations, agreements, representations and warranties
heretofore made between the parties, if any, are merged into this
Agreement. This Agreement shall not be modified or amended except
by written instrument executed by or on behalf of the parties in
the same manner in which this Agreement is executed.
17.
This Agreement shall be binding upon the parties hereto and
their successors in office.
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18.
Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words of a singular
number shall be held to include the plural, and vice - versa, unless
the context requires otherwise.
19.
Each and every exhibit referred to or otherwise mentioned in
this Agreement is attached to this Agreement and is and shall be
construed to be made a part of this Agreement by such reference or
other mention at each point at which such reference or other
mention occurs, in the same manner and with the same effect as if
each exhibit were set forth in full length every time it is
referred to otherwise mentioned.
20.
All references to paragraph or subparagraphs shall be deemed
to the appropriate paragraph or subparagraph of this
. Unless otherwise specified in this Agreement, the terms
"hereof ", "hereinafter ", Hereunder" and other terms of
to refer
Agreement
"herein ",
like or similar impart, shall be deemed to refer to this Agreement,
as a whole, and not to any particular paragraph or subparagraph
hereof.
21.
Except as expressly limited by the terms of this Agreement,
all rights, powers and privileges conferred hereunder shall be
cumulative and not restrictive of those provided at law or in
equity.
SIGNATURES ON FOLLOWING PAGE
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CITY COUNCIL OF TYBEE ISLAND, GEORGIA
By:
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Attes
Walker Parker, Mayor
. Brown, Clerk
CHATHAM COUNTY TAX COMMISSIONER
Daniel 11'. Powers Chatham County
Tax Commissioner
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R E S O L U T I O N
BUSINESS RETENTION AND EXPANSION PROCESS
WHEREAS: The goal of every unit of local government in Georgia
is to provide the highest possible quality of life for
its citizens; and
WHEREAS: The overall health of the businesses with the community
contribute significantly to the economy, local tax
base, and employment opportunities for local citizens;
and
WHEREAS: Local government officials, working with business and
civic leaders can form working partnerships to
encourage the retention and expansion of the existing
community business base; and
WHEREAS: The Georgia Business Retention and Expansion Process
coordinated by the Georgia Department of Community
Affairs offers tools which can be utilized by local
leaders to improve knowledge about and communication
with local industry to encourage further economic
development; and
WHEREAS: The governing body of the City of Tybee Island has
reviewed this program process and pledges its full
support as a part of the overall commitment to
community preparedness for economic development
NOW THEREFORE BE IT RESOLVED:
that the City of Tybee Island has entered into the
Georgia Business Retention and Expansion Process and
commends. to all community leaders full participation in
these activities designed to promote overall economic
development.
Adopted this 13th day of =- uary, 1997.
yor Walt-`'" Parker
k of Council
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WHEREAS
R E S O L U T I O N
, The City of Tybee Island is scheduled to hold a
municipal election on Tuesday, November 4, 1997 and
For the past sixteen years the City has contracted with
the Board of Elections of Chatham County to superintend
all municipal elections held within this City; and
It is the opinion of the elected officials of the City
of Tybee Island that the Chatham County Election Board
has preformed these duties in a superior manner, giving
excellent, impartial service to the citizens of Tybee
Island:
WHEREAS,
WHEREAS:
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY
THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND IN OPEN
MEETING ASSEMBLED THAT THE BOARD OF ELECTIONS OF CHATHAM
COUNTY BE INVITED TO SUPERINTEND THE CITY'S UPCOMING
ELECTION AND THAT THE \BOARD ALSO SUPERVISE THE PREPARATIONS
FOR SAID ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997.
ADOPTED THIS 13 DAY OF -4.a.2 , 1997.
Mayor Walter W. Parker
ler of Council, jrb
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Ordinance #
It is hereby ordained by the governing authority of the City of
Tybee Island, in open meeting assembled, that the Tybee Island
Code of Ordinances, Title 200 Retirement Plan, Article III, be
amended by the addition of Section 6 to read as follows:
200 -1. Retirement Plan
ARTICLE I. PURPOSE
ARTICLE II. DEFINITIONS 1
Section 1. Retirement System, System, or GMEBS . 1
Section 2. Board of Trustees, Board 1
Section 3. Contract 1
Section 4. GMEBS Investment Fund 1
Section 5. Trust Fund 1
Section 6. Plan 2
Section 7. City, Town, Member, Municipality, or
Employer 2
Section 8. Governing Authority 2
Section 9. Pension Committee 2
Section 10. Effective Date of the Plan 2
Section 11. Plan Year 2
Section 12. Enrollment Date 2
Section 13. Employee 2
Section 14. New Employee 3
Section 15. Full -Time Employee 3
Section 16. Eligible Employee 3
Section 17. Ineligible Employee 3
Section 18. Contributions 3
Section 19. Interest 3
Section 20. Participant or Participating Employee . 3
Section 21. Retired Participant 3
Section 22. Terminated Participant 3
Section 23. Service 3
Section 24. Past Service 3
Section 25. Credited Past Service 4
Section 26. Future Service 4
Section 27. Credited Future Service 4
Section 28. Total Credited Service 4
Section 29. Termination 4
Section 30. Earnings 5
Section 31. Annual Earnings 5
Section 32. Final Average Earnings 5
Section 33. Retirement 5
Section 34. Normal Retirement Date 5
Section 35. Early Retirement Date 5
Section 36. Delayed Retirement Date 6
Section 37. Normal Retirement Age 6
Section 38. Early Retirement Age 6
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GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
shall become a Participant in the Plan by filing with the pension
committee, on a prescribed form, such information as shall be
required by the Pension committee, which shall include the
Employee's acceptance of the terms and conditions of the Plan.
b. Participation in the Plan shall not give any Eligible
Employee the right to be retained in the employ of the Employer
nor, upon dismissal, to have any right or interest in the Trust
Fund other than is herein provided.
................................................................................................................ ...............................
........................................................................................................ ...............................
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Section 5. Leaves of Absence
a. General Leaves of Absence. The Governing Authority
shall determine the date of expiration of a leave of absence
granted to a Participant. Such periods of absence shall not be
counted as Credited Future Service for the purpose of computing a
benefit hereunder unless the leave, as authorized by the
Governing Authority, specifically permits such Participant to
continue accumulating Credited Future Service during the
authorized leave of absence. Such participant shall, for the
purposes of the Plan, not be deemed to have broken continuity of
Credited Future Service, provided:
(1) He was regularly employed by the Employer
immediately prior to his leave of absence; and,
(2) He makes application for reemployment on or before
the date of expiration of a leave of absence; and,
(3) He is reemployed as a eligible Employee within
ninety (90) days after such application.
b. Military leaves of Absence. A former Employee who is
reemployed in an Eligible employee class after service in the
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GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
(2) The Plan was in effect on the date he left employment
for such military service; and,
(3) He makes application for reemployment within ninety (90)
days after he first becomes entitled to his discharge or release
from service in the Armed Forces of the United States; and,
(4) He is reemployed as an Eligible Employee within ninety
(90) days after such application.
c. If a Participant or employee has not returned to his
regular employment as an Eligible Employee in accordance with the
provisions of paragraph "a" or "b" in this Section, his interest,
if any, under the Plan shall be only such as existed at the
commencement of such leave of absence. "(March 1, 1991)
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:: :::F �F:•:•': T:': �:: T: :Xvv: :T:;: ^ }:tiivr:�:•�:s::�:titiv
ARTICLE IV. RETIREMENT ELIGIBILITY AND DATES
Section 1. Retirement Eligibility.
a. The Retirement prerequisites of a Participant under
this Plan are contingent upon the method of Retirement selected
by such Participant; that is, Normal Retirement, Early
Retirement, Delayed Retirement, or Disability Retirement. The
prerequisites associated with each Retirement method shall be as
specified below in pertinent provisions of Sections 2, 3, 4, and
5, respectively, of this Article IV. (5 -1 -88)
b. Retirement under the Plan is contingent upon the
satisfactory completion of a prescribed form provided for such
purpose and the acceptance of the Retirement application by the
Pension Committee.(5 -1 -88)
c. Retirement applications shall be prepared and submitted
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GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
ADOPTED THIS DAY OF x44199 .
Mayor Walter W. Parker
Cle, of s�•ounc
1st Reading:
2nd Reading:
Enacted:
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Ordinance #
It is hereby ordained by the governing authority of the City of
Tybee Island, in open meeting assembled, that the Tybee Island
Code of Ordinances, Title 9, Chapter 5, Section 1, Rules and
Regulations for use of the Municipal beaches be amended to read
as follows:
9 -5 -1. RULES AND REGULATIONS FOR USE OF THE MUNICIPAL BEACHES.
(a) All persons entering upon the public beaches, or
structures erected thereon, shall comply with the following rules
and regulations, and failure to do so shall constitute a
violation of this ordinance;
(1) Swim within 50 yards of shoreline. It shall be unlawful
for any person to swim outside of the area extending 50
yards from the water's edge.
(2) Place litter in trash containers. It shall be unlawful
to throw, place, deposit, sweep or scatter, or cause to be
thrown, placed, deposited, swept, or scattered, any paper,
food, bottles, cans, trash, fruit peelings or other refuse
upon the beaches or structures erected thereon.
(3) No glass or breakable containers. It shall be unlawful
for any person to take or carry upon the beaches or
structures erected thereon any glass or breakable
containers.
(4) No pets or vehicles. It shall be unlawful for any
person who shall own, or be in control of, or be in charge
of, any dog or other pet or vehicle, to allow or take that
dog or other pet or vehicle upon the beaches or structures
erected thereon, unless said person shall first obtain a
permit from the city.
(5) No disturbing of dune vegetation or walking in the
dunes. It shall be unlawful for any person to pick, gather,
remove, walk in the dunes, or otherwise disturb the
vegetation present on sand dunes, including sea oats.
(6) Surfboarding and fishing only in designated areas. No
person shall operate a surfboard or fish except in areas
designated for such purposes.
(7) No disorderly conduct or endangerment of self or
others. It shall be unlawful for any person to come upon
the beaches or structures erected thereon, and individually
or in concert with others, do any act or create any
condition which does or is calculated to encourage, aid,
abet, or start a riot, public disorder or disturbance of the
peace; and it shall not be necessary to prove that that
person was solely responsible for that riot, public disorder
or disturbance of the peace, but only that his or her
appearance, manner, conduct, attire, condition, status or
general demeanor was a motivating factor that resulted in
the riot, public disorder or disturbance of the peace. Any
person who refuses when commanded by a police officer or
other enforcement official of the city to leave the beach or
structures erected thereon immediately, shall be guilty of
an offense for refusal to obey the order or command of a
police officer or other enforcement official of the city,
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and deemed to be a rioter or disturber of the peace. It
shall also be unlawful for any person to come upon the
beaches or structures erected thereon and act in any way
which is likely to cause endangerment to himself, herself,
or others.
(8) Enforcement of these rules and regulations shall be by
the Tybee Island Police, City Marshall, or Lifeguards. The
duly employed Police, City Marshall and Lifeguards of the
City are authorized to require persons using the beach or
structures erected thereon to obey reasonable commands
designed to protect the public and public property, and the
failure to obey any lawful command of those individuals
shall be a violation of this ordinance.
(b) Penalty for violation. Any person convicted of
violating any of the provisions of this section shall be punished
by a fine not to exceed $500.00 or imprisonment for a term not
exceeding 60 days, or by both such fine and imprisonment.
(c) Severability. The provisions of this ordinance are
severable. If any section of this ordinance is declared
unconstitutional, illegal, or void, it shall not affect or impair
any of the remaining sections of this ordinance.
(d) Repealer. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed.
ADOPTED, THIS /2. DAY OF , 19q i
Cle. of •unc
ls, eading:
2nd Reading
Enacted:
Mayor Walter W. Parker
rcgulationo:
(1) It shall be x rlawful for any persoR to take or carry
othcr ceramic material.
(2) It shall be unlawful to throw, place, dcpooit, owccp or
upon thc nand beaches or upon any public o -trcct or right of way
within thc city.
(3) It ohall bc unlawful for any peraon to pick, gathcr,
within thc city limits.
and 8:00 a.m.
of thooc lifeguards shall be a violation of thio code.
prohibit owimming
appropriate markcro.
unlawful.(ORD.# 1990 6)
ourfcrs will take prcccdcncc and owix cra will be oe i e-trueeed
anothcr peroon.
(10) No persor whe ahall own or bc in control of or in
chargc of any dog or othcr pct, shall allow th t ma or pe
upon thc municipal bcachco.
attcndant or po -lice off±ccr who may be present.
commas dcd by a police officcr of the city to leave thc beach
disturber of thc peace.
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cxcccding GO dayo or by booth suck fiRc aid impri3onmcnt. (Ord.
No. 79 9, 7/30/79)
ADOPTED THIS 13 DAY OFU. , 1997.
Mayor Walter W. Parker
Cl
1-7 Reading: January 9, 1997
2nd Reading:
Enacted: x1+3)967
[9- 5- 1.dit]
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State of Georgia
County of Chatham
I do solemnly swear that I will faithfully perform the
duties as a Planning Commission member of the Tybee Island
Planning Commission and that I will support and defend the
Zoning Ordinances and the Master Plan as well as the Constitution
and laws of the State of Georgia and of the United States of
America.
1 C
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/ '41
�A➢
L.
This 27th day of January, 1997.