HomeMy Public PortalAbout19970612CCMeeting1
1
1
1997 -05 -08
1997- 06 -12. City Council Meeting
The regular monthly meeting of the Tybee Island City Council was
held at Tybee City Hall Auditorium on Thursday, June 12, 1997, with
Mayor Walter W. Parker presiding. The following members of Council
were present: Ed Merves, Jack Youmans, Billy Remeta, Michael
"Spec" Hosti, and Mallory Pearce. Mariann Wildi was absent, out of
town. Also present were City Manager Bill Farmer and City Attorney
Edward "Bubba" Hughes.
Mayor Parker called on Reverend Lee Bennett for the Invocation
which was followed by the Pledge of Allegiance.
Mayor Parker called the audience's attention to the voting machines
and reminded everyone of the referendum for extension of the to
special purpose local option sales tax, and what Tybee stands to
gain in capital projects, including storm drainage and $1,000,000
for beach erosion control. Councilman Youmans said that these
funds can also be used for water tank construction and could keep
the water bills from doubling or tripling.
Mayor Parker introduced two young guests: Kane Barnett who is
working on a merit badge, and the Mayor's grandson, Joshua Parker,
visiting from Orlando, saying that Joshua has attended several
civic events this week.
Mayor Parker began by recognizing those scheduled to speak as
visitors. Scott Sutlive was not present, probably because his
request for restroom facilities for Third Street has been answered,
temporarily, by portalets at that location.
Chris Lightle of Tindol & Company was recognized and presented the
1996 audit. After a few questions, the audit report was accepted
by the City Council.
John O'Neill spoke, saying he appreciated seeing young people in
the audience recognized by the Mayor and Council. He then
explained that he needs a temporary solution to a problem of access
to a condominium unit on 19th Street. He stressed that the unit,
built in 1985 or '86, has adequate parking, but that the permanent
access easement isn't passable under current conditions, due in
part to sand dunes and in part to a private dune crossover
structure. He asked that the city allow a parking space in the
19th Street parking area for the owner's use until an agreement
about the easement can be worked out, stating that the unit is
basically landlocked at present.
11
1
1
1
1997 -06 -12
Penn Myrick was scheduled to speak, but wasn't present.
Jeff Moseley of the Eastern Surfing Association, Georgia District,
requested approval of contest dates for surfing competitions to
take place at the North Beach and at the South End. The schedule
is: Contest 3 - June 21 & 22, alternate date July 26 & 27; Contest
4 - August 9 & 10, alternate date August 16 & 17; Contest 5 -
September 20 & 21, alternate date September 27 & 28; Contest 6 -
October 11 & 12, alternate date October 25 & 26; and Contest 7 -
November 8 & 9, alternate date November 22 & 23.
Henry Levy spoke of former Chatham County Commissioner and Chairman
Robert McCorkle, asking the city to pass a Resolution requesting
that the flyover at Islands Expressway be named for him, and
praising his foresight:.in advocating the overpass and foreseeing
how beneficial the overpass would be when the Georgia DOT and most
of our citizens didn't.
John Jarvis spoke against the 1% sales tax, saying he wouldn't have
mentioned it, but the Mayor spoke about it first, so he felt he
should express the opinion of those who plan to vote against it.
He said Chatham is the only place that hasn't taken the tax off in
ten years.
Courtney Flexon spoke for the Tybee Beach Task Force, explaining
three recommendations from the Beach Task Force and asking the
Mayor and Council to request that the Chatham County Commission
allocate beach renourishment funds in the amount of $150,000 of
approximately $250,000 remaining in the 1% local option fund for
renourishment. These funds would begin permitting procedures.
Action is needed now on preliminary engineering design for the
permits for Second Street and Back River if we are to be prepared .
to proceed in conjunction with a major renourishment project being
planned by the Corps of Engineers. Councilman Youmans said the
city has other uses for that money. Councilman Remeta asked the
status of the satellite grant and was informed by Councilman Pearce
that the final word will come in July. Pat Locklear also spoke for
the Beach Task Force, saying that $400,000 allocated by the state
is not enough for the Back River construction project which will
cost about $930,000. The county may provide the match for the
state funds from interest made on beach renourishment funds they
have been holding. He reminded the Council that lots of political
clout, state and federal, has been dedicated to helping Tybee with
its beach. Councilman Remeta questioned what, if anything, will be
done for Estill Beach? Councilman Youmans reiterated that he wants
something done for Second Street, and has asked for it over and
over. Cecil deLorme, a Second Street property owner and a member
of the Beach Task Force, spoke to say that he agrees essentially
with the recommendation of the group, adding that he doesn't care
for studies but would like to see the allocation go for erosion
12
1
1
1
1997 -06 -12
control work because the seawall at Second Street is in danger due
to the rocks sinking. He said that the General Assembly has given
us $400,000 for Back River and it would be very foolish to let it
go. He added that the value of everyone's property, beachfront or
not, depends on the beach. Sam Adams reminded the Council that the
funds for the South Tip project came from the Georgia Ports
Authority bond issue, and that in addition the city received 2.5
million dollars for the pier /pavilion and 0.5 million dollars for
beach renourishment from the county's 1% local option sales tax.
$200,000 was supposed to make something happen for Second Street
when sufficient monitoring data had been compiled. He said that
it's getting harder and harder to find matching funds and that
anything spent on Back River can be used to match the federal funds
for the larger project. He commended the town for doing a good job
of dune building, snow fence maintenance and beach stabilization.
Councilman Youmans reminded everyone that the last two times sand
was pumped, Second Street was missed. Jim Kluttz spoke to say that
if the town wants any help in future, then we must accept the funds
we've been given and move forward. Sam Adams said that the
remnants of groins still in evidence on the Back River beach
testify to past problems with erosion and that the experts seem to
agree that groins will solve the problem, with sand renourishment.
A Public Hearing was called for a site plan review petition from
Dale Johnson for a mini - storage facility on First Street. Mr.
Johnson said that he needs no variances, and that his project meets
all local building codes. Councilman Pearce said that there are
three protected oak trees on the property and he would like the
site plan to show this information. Councilman Youmans said that
it's not practical to make people plant oak trees as close together
as those on the post office property. Dale Johnson said one of the
trees isn't a live oak but is of another species, and Mallory said
all oaks are protected under the ordinance, asking that the missing
oak be added to the site plan. Mr. Johnson agreed to do so. There
were no other speakers and the hearing was closed.
The meeting was opened for business legally presented.
On John O'Neill's petition for a parking space, Councilman Youmans
moved to allow one parking space at no charge until charges are
made for all who are using on- street parking, and Councilman Remeta
seconded. The vote was 5 - 0 and the motion passed.
Councilman Youmans moved that the city prepare a Resolution in
favor of naming the Islands Expressway flyover for Robert McCorkle
and Councilman Remeta seconded. The motion passed by a vote of 5 -
0.
Councilman Pearce moved to accept the Beach Task Force's
recommendation asking for $150,000 of the renourishment funds to be
13
1
1
1
1997 -06 -12
used for beginning permit applications and engineering for Second
Street and Back River, and Councilman Merves seconded. Councilman
Remeta offered an amendment which failed for lack of a second. The
vote was 3 - 2 with Councilmen Youmans and Remeta voting against,
and Councilmen Hosti, Merves and Pearce voting in favor. A letter
will therefore go forward to the Chatham County Commission asking
that these funds be made available as recommended.
Councilman Pearce moved that the Mayor seek permanent state funding
for beach erosion control through CZM. This was a recommendation
of the Beach Task Force. After some discussion the Mayor said he
doesn't believe a motion is necessary for this action, adding that
he will be attending a CZM Board meeting next week and is willing
to pursue this recommendation of the Beach Task Force.
Councilman Pearce then moved that the City Manager devise and bring
forward for Council's consideration a plan for permanent local
funding for beach erosion control. This was the third and last
recommendation of the Beach Task Force. The motion was seconded by
Councilman Merves. Councilman Youmans said we shouldn't burden the
people with this. The motion failed by a vote of 2 - 3 with
Councilmen Pearce and Merves voting in favor, and Councilmen
Youmans, Remeta and Hosti voting against.
Minutes of the May meeting were approved unanimously.
Councilman Youmans moved that the site plan for the mini - storage
facility for Dale Johnson be approved and Councilman Remeta
seconded. The vote was unanimous in favor and the site plan
approved.
The City Manager reported that the YMCA had offered a summer
program but had only one Tybee child enrolled. He then brought
forward a proposal by Trish Solomon for a Summer in the Park
program, saying that the Y would be happy to assist or to have the
program take place under their supervision. Trish Solomon spoke to
Council, saying that Summer in the Park 1995 had 78 different
registrants. Councilman Remeta said it is a shame that Tybee kids
have to ride buses to school all year and then not even have a
summer program here on Tybee, reminding everyone that last year the
Y summer camp transported the Tybee kids to Wilmington Island. He
asked about the Tybee Island Marine Science Center and the Arts
Association, saying that we fund these organizations and they need
to give something back to our kids. Councilman Hosti thanked Trish
for her proposal and presentation. Councilman Merves moved that
the city sponsor a structured activities program for children who
have completed kindergarten through 6th grade, to be conducted 5
days a week and not less than 6 hours per day throughout the summer
when Chatham County schools are not in session, with fees not to
exceed $20 /week for Tybee residents, with others participating if
14
1
1
1
1997 -06 -12
space is available at a cost to be determined by the City Manager
and with a program deficit not to exceed $4,000. Councilman Pearce
seconded. The vote was unanimous in favor.
Councilman Merves moved that the YMCA proposal for taking over the
town's recreational program be accepted, effective this year.
Councilman Pearce seconded for purposes of discussion, saying he
will not vote for the proposal without an understanding about fees.
Councilman Merves said he'd like to see all programs for $20 rather
than the $40 to $60 the Y is charging. Joe Pasley of the Island Y
said they could run a park program for $20 a week if the city
subsidized the program. Councilman Remeta said that he was in
favor of the Y coming, having served on the Council Recreation
Committee, though not as its Chairman, in the previous
administration. He said children seem to get into a lot of
mischief here on the island and he believes the Y has let us down.
He said turning over the entire city recreation budget to them is
very premature at this time. As a teacher for 20 years he said he
is not impressed with the programs offered so far and believes the
city should keep the ones we can do well. Councilman Merves said
he doesn't believe it should be competitive, but just get the Y and
the city working together and have something for elementary school
kids to do. Councilman Pearce suggested that, since the summer
park program has been approved, there is no need to rush through
anything tonight without taking time to look very closely at rate
structures. Bill Farmer said he has discussed fees with Joe Pasley
and that the rates have been adjusted to more reasonable ones since
the first proposal was made. He added that the city's budget would
allow them to do more for less dollars. Councilman Merves said
that the rates could be controlled by the City Manager or the City
Council. Councilman Pearce said that he'd prefer to wait a month.
Councilman Merves' motion failed. Councilman Pearce moved to have
Bill Farmer come back with Y's proposal including specific program
fees and that motion passed by a vote of 3 - 2, with Councilmen
Remeta and Youmans dissenting.
Paul M. Felser, attorney, representing a company seeking to place
a communications tower, said that he has submitted a contract for
the city's consideration. He said that he has met with the City
Manager and the City Attorney and requests that the City Council
come to a workshop with his clients who have submitted a firm
proposal for consideration, but that the rate structure brought to
the Council by the City. Manager is considered prohibitive. Mr.
Hughes informed Council that the rate structure is the best
negotiating factor the Council has. Councilman Youmans moved to
have the City Manager set a date and time for a workshop and
Councilman Pearce seconded. The vote in favor was unanimous.
A letter from David Cornelius requesting paving of Railwood and
Palmwood was considered. The City Manager said this would be about
15
1
1
1
1997 -06 -12
720 feet and an estimated cost is $14,000. Councilman Merves said
that Railwood should be paved, but that Palmwood should be one -way
since it is so narrow and it would be very dangerous for people to
drive through even faster, which they would if it were paved. He
suggested Palmwood, which he sees as almost an extension of the
neighboring yards and so used by children, be made one -way.
Councilman Youmans moved to pave the two streets and Councilman
Pearce seconded. During discussion it was noted that there are
other streets on the island that serve more citizens and that have
been on a paving priority list for a long time, notably Jones north
of U S 80. Councilman Merves offered an amendment, accepted by
Councilman Youmans, to the effect that only Railwood be paved. The
amendment failed by a vote of 2 - 3. The original motion to pave
both streets passed by a vote of 4 - 1, with Councilman Merves
dissenting and asserting that the paving approval is premature and
a mistake.
Bill Farmer announced that a movie company is renting space in the
old school building and will be shooting on Tybrisa Street and
other Tybee locations..
The $22,650 MECO proposal was next discussed. First, Councilman
Pearce moved to rescind last month's vote concerning site testing,
and Councilman Youmans seconded. The motion passed unanimously.
Councilman Youmans then moved that the MECO proposal for tank
repair be accepted and Councilman Pearce seconded. The vote was
unanimous in favor.
A state contract for paving,certain access roads to and from Tybee
Museum /Lighthouse /North Beach was next considered. In answer to a
question, the City Manager stated that the Lazaretto Creek access
road is also included in the project. The city share is estimated
at $38,978.95. Councilman Pearce moved acceptance, the motion was
seconded by Councilman Merves and the vote was 4 - 1 in favor, with
Councilman Youmans objecting that the remaining paving funds may be
needed for other projects.
Dr. Farmer also noted that the resurfacing of Tybrisa, in which the
Council has shown interest, could be included for an additional
$11,000 if done at the same time. Councilman Remeta moved that the
resurfacing of Tybrisa Street be included and Councilman Merves
seconded. In discussion a clarification was agreed upon: the
resurfacing is to extend from Butler to the Strand, and southward
to Izlar. The vote was 4 - 1 with Councilman Pearce voting
against.
The proposed agreement with GlobalComm, Inc. was discussed. The
City Attorney explained that the lease must be consistent with
others granted by the city and Councilman Youmans moved that the
attorney be allowed to negotiate terms. Councilman Merves seconded
and the vote was unanimous in favor of the motion.
16
1
1
1
1997 -06 -12
Bills for May 1997• were unanimously approved on motion by
Councilman Pearce, seconded by Councilman Merves.
A Resolution concerning an agreement with Tybee News was discussed.
Councilman Merves said the town supports the newspaper and should
continue to do so because the community gets it free. He added
that City Council shouldn't control what's in the paper any more
than we control what the Historic Society or the Tybee Marine
Science Center show, or what the Arts Association does. These
activities are cultural. Councilman Youmans said Council asked for
a Resolution, but this isn't it. The City Attorney asked for an
average per -inch cost of the city's columns for any 3 months for
comparison with the grant of $7,000 for FY 1997. Katrina Hughes
said that it is difficult to figure the exact cost per column since
the paper must be published in increments of 4, that is either 8,
12 or 16 pages. The size affects the printing costs, but the rates
per column inch are printed in the paper. Councilman Remeta said
that the City Council never saw the proposal from Katrina Hughes,
Editor of the Tybee News. By consensus, it was agreed to delay a
decision until the attorney has seen the information that will be
forthcoming from the editor.
Dr. Farmer recommended tabling the Back River design alternative
proposal indefinitely and the recommendation was accepted by
Council by consensus.
On advice of the attorney the cable franchise with a 2001
expiration date was accepted unanimously.
Councilman Youmans moved to deny an ante litem notice from Monique
M. Rader. The motion was seconded by Councilman Pearce and passed
without dissent.
It was announced that a member of the Personnel Advisory Board, Jay
Cox, has resigned due to moving from the island. At Mayor Parker's
suggestion, Councilman Pearce moved that Henry Levy be asked to
serve. Councilman Merves seconded. The vote was unanimous in
favor.
Councilman Hosti moved that the Clerk of Council be granted the
requested two -month leave of absence and Councilman Youmans
seconded. The vote in favor was unanimous. It was moved and
seconded by Councilmen Remeta and Youmans respectively that Rowena
Fripp be appointed acting clerk in the interim.
The City Manager requested guidance from the Council as to what
millage rate should be advertised for the upcoming public hearing
at the July meeting. Councilman Youmans moved that the present
rate be advertised and Councilman Pearce seconded. The vote in
favor was unanimous.
17
1
1
1
1997 -06 -12
A Resolution for Georgia Fund One was adopted on motion of
Councilman Pearce, seconded by Councilman Hosti.
The agreement with Chatham County Tax Commissioner and the County
Commission for tax collection was approved on motion of Councilman
Hosti with second by Councilman Pearce. The vote was 3 - 2, with
Councilmen Youmans and Remeta casting the negative votes.
The First Reading of Code Section 1 -1 -9, Exceptions Dealing with
Late Charges, was read. Councilman Pearce moved its adoption and
Councilman Hosti seconded. Councilman Remeta stated that common
sense cannot be legislated. The vote was unanimous and the
proposed ordinance passed on First Reading.
The meeting was adjourned.
18
1
For Customer Use:
1 have an existing 8 2 0 Zo .-
1his resolution is for:
___New Account
_Change to Existing Acct. Il
VIII it IFS t Ise truly: •
Approved _Audi !Mimed
_Jludit __ll'ire hrsbnclions
_ -__ AddrUntried ._____wire Irmpinrrs
Apinoral:
Res. form Ivg1A
GEORGIA FUND 1
(local government investment pool)
RESOLUTION TO AI/TIIORIZE INVESTMENT
WHEREAS, Ga. Code Ann. § §36 -83 -1 to -8 (1997) authorizes Georgia Iueal'-governments and
other authorized entities to invest funds through the local government investment pool, and 1J1
WHEREAS, from time to time it may be advantageous to the sf;:il :
1
Additional dank Account (if applicable):
(Local Dank Name) (Account Title)
(MIA number)
Correspondent Bank (if applicable):
(Account Number)
(City, State)
' +! •'.t c.444
..Ilea, t 11'lii1.441111.4, .
(Dunk Name)
(City)
(Account Number) •
3. The local government investment pool shall mail the monthly statements of account to:
' : f 1.' ,I.:i1 it) III:�h17i.:. lei.
t; 11
(Attention)
(Address)
s. 1,1111 :. nd .1
TYBEE ISLAND, GA 31328 -2749
(Address)
(City, State & Zip) •
4. Changes in the above authorization shall be made by cancellation or replacementlresolution
delivered to the Office of Treasury and Fiscal Services. Until such a replacement esolu'tiori is'
received by (lie Office of Treasury and Fiscal Services, the above authorized individuals, Iocal
government demand account instructions and statement mailing address(es) shall remain in fill
force and effect.
I
5. The following schedule represents the period in which existing balances are currently'expected to '
remain invested in the local government investment pool:
30 days or Tess;
24 % more than 30 days but less than 90 days;
75 % 90 days or longer.
10(1 %
Entered at TVRFF ISLAND , Georgia this 8th_ clay of AUGUST , 191
(Signature diked of Governing Authority)
RTI 1 FARMFR
(Please Print or Type - !teed of Governing Authority)
CITY MANAGER
fl'ilie)
Sworn to and sub ibed before in, this - 8th day of AUGUST , 19_92_.
16.44-4 4
(Notary blic) •TANYA FOSSITT
No(ay Public, Chatham County, Oa.
Please complete and retuMi 14i4'l�' �iffl?II RIjr� {44� 6.1999
Georgia Fund 1 Telephone: (404) 656 -2168
Office of;Treasury and Fiscal Services Toll Free: 1 -800- 222 -6748
P. 0. Box 347034 Fax: (404) 656 -9048
Atlanta, GA 30334 -5527
GC,o g ►in Fund 1 (local government investment pool) deposits are not guaranteed or insured
I►h (111)' bank, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve
Board, the State of Georgia or any other agency.
1
1
R E S O L U T I O N
WHEREAS, Robert L. McCorkle served the County of
Chatham and the City of Tybee Island long and well; and
WHEREAS, the City wishes to show its appreciation of
his dedicated public service, first as our District 4 County
Commissioner, and as the Chairman of the Chatham County
Commission; and
WHEREAS, Robert McCorkle advanced the idea of the
flyover which has been constructed on U S -80 at Whitemarsh
Island; and
WHEREAS, His judgement, though questioned by many at
the time, has been vindicated through the heavy use of the
flyover and its excellent service as a traffic artery on U S 80;
NOW THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED BY THE
TYBEE ISLAND MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT
THE CITY OF TYBEE ISLAND FAVORS THE NAME "McCORKLE'S FLYOVER" IN
HONOR OF ROBERT L. McCORKLE'S EXCELLENT SERVICE TO THIS COMMUNITY
AND TO CHATHAM COUNTY.
CLERK OF COUNCIL
THIS 12TH DAY OF JUNE, 1997.
V.L.6.1C-LaT,$),)
SALES - SERVICE
tLATION
L
-are El g
ens
CE 1952
Quotation
Th: : CITY OF TYBEE
ATTEN: JIMMY PRICE AND BILLY PYE
TYBEE, GA.
May.19r97.10:02 P.01
OF SAVANNAH, INC.
PA SOX 22548 SAVANNAH, GA 31403
STILES AVENUE :'F SAVANNAH. GA 31403 -
(912) 2334523 - 8004758237
FAX (912) 234.4376
Qtr
1
1
1
2
2
2
2
4
4
1
1
SALES
QUOTATION &
CONTRACT
OATC
5/18/97
TI4MS
NET 30
TMBEE
OESCRIITTION
We hereby submit specifications and estimates tor out interpretation of your requirements:
VEEDER ROOT TANK MONITOR SYSTEM
OVERSPILL MANHOLE
OVERFILL VALVE '95%
ISOLATION VALVE
UNDERPUMP CHECK VALVE
FLEX CONNECTORS
FLEX COVERS
(A TANK PYGTI=M I
Post -It^ brand fax transmittal memo 7671
ot.�c -t P
TO BREAK OUT CONCRETE, INSTALL OVERFILL AND OVERSPILL
VALVES, BREAK AND INSTALL NEW LINES TO PUMPS.
TO BREAK AND INSTALL PIPE FOR MONITOR SYSTEM, REPOUR
ALL_CONCETE BROKEN OUT. TO WIRE MONITOR SYSTEM TO OF=ICE.
TANK TO HAVE 3 OR 4 IN OPENING FOR SYTEM.
EQUIPMENT
LABOR
TOTAL
TO FIBERGLASS LINE DIESEL TANK, INSTALL 4 IN FITTING
FOR MONITOR SYSTEM.'
TANK TO BE EMPTY.
TYBEE TO HANDLE SOIL SAMPLES
SLUDGE FROM DIESEL TANK, TO DISPOSE OF
AND FURNISH CERTIFICATE... 455.00 PER DRUM.
GASBOY 9152A 15 GPM PUMP GAS
GASBOY 9153A 22 GPM PUMP DIESEL
NOZZLES- BREAKWAYS- SWIVELS
Atcrptuttre of Proposal The above prices. SOecitications,
teirra a ^ct cone: UOns. as stated on the reverse Side, are satisfactory, and
ht't:by accr1t)ted You are authorised to du the work as specifieC Payment
yv,cl be mach a, uut:rrled by Section P of the Terms and Conditions. 1 have
rr:ir' terms of ,,ontract on reverse side
Authorized 5ignatur
49y40
9600.00
4600. V0
✓ 14200.00
✓ 3550.00
-1 2250.00
- 2450.00
200.00.
CONSENT RESOLUTION AUTHORIZING
THE TRANSFER OF CABLE TELEVISION FRANCHISE
AND
THE ASSIGNMENT OF THE ASSETS AND THE FRANCHISE AS COLLATERAL
WHEREAS, US Cable of Lake County ( "USC ") currently owns and operates a cable
television system (the "System ") in the City of Tybee Island, Georgia (the "City ")
pursuant to that certain contract dated February 6, 1980 as amended, (collectively, the
"Franchise "); and
WHEREAS, USC and US Cable of Coastal- Texas, L.P. ( "USC of C -T") have entered into
a Partnership Division Agreement, dated as of May 9, 1997 (the "Division Agreement "),
providing for, among other things, the transfer of the System and the assignment and
transfer of the Franchise to USC of C -T (the assignment and transfers being herein
collectively referred to as the "Transfer ") and requiring USC to obtain any required
consents of governmental franchising authorities for the Transfer pursuant to applicable
law and the Franchise; and
WHEREAS, USC, as Transferor, and USC of C -T, as Transferee, have requested the City
Council of the Tybee Island to consent to the Transfer; and
WHEREAS, USC of C -T and its partners have further requested the city's consent to allow
USC of C -T to secure its present and future indebtedness with security interests and/or
liens in or upon the Franchise and the System and to allow the parties owning or
controlling USC of C -T to pledge their equity interests to secure USC of C -T's current
and future indebtedness;
WHEREAS, the City Council, subject to the conditions below, does consent to the
Transfer of the Franchise and the System to USC of C -T and allow USC of C -T to secure
its present and future indebtedness as outlined;
Now, THEREFORE, BE IT RESOLVED, by the City Council as follows:
1. The City Council hereby grants its consent for the Transfer of US Cable of Lake
County to US Cable of Coastal- Texas.
2. The City Council further grants its consent to US Cable of Coastal/Texas L.P. to
pledge, mortgage, transfer in trust and otherwise hypothecate the property and assets
used or held for use in connection with the ownership and operation of the System,
1
including the Franchise, and the parties owning or controlling US Cable of Coastal -
Texas, L.P. are authorized to pledge, mortgage, transfer in trust and otherwise
hypothecate their equity interests in US Cable of Coastal- Texas, L.P. as collateral
security for such loans and financing (or guarantees of such loans and financing) as
may be incurred or assumed by US Cable of Coastal - Texas, L.P. in conjunction with
the transfer transaction as described in Article 1. above.
3. The above consents are granted provided that any such pledge, mortgage, transfer of
interest or other hypothecation of property, assets or equity interest shall be subject to
and subordinate to the rights of the City pursuant to the Franchise, Franchise
Agreement and/or the City's Cable Ordinance
4. The above consents shall not act as a waiver of the rights of the City pursuant to the
terms of the Franchise Agreement, including among other provisions, Section 18 and
Section 19, in the event of any exercise of remedies and/or foreclosure by Lenders
with respect to the Franchise under any such collateral assignment, security
agreement, interest in, and/or mortgage.
5. That USC of C -T must indicate its acceptance of the terms of this resolution and
assume all pending or contingent obligations and liabilities under the Franchise, if
any, as are currently required to have been performed but may not have been
performed; as evidenced by the Company's execution of this document and
acceptance below.
6. That USC of C -T must provide evidence of compliance with the Franchise agreement
provisions concerning bonds and insurance.
7. That USC and USC of C -T agree that neither the City's consent to the transfer of the
Franchise nor the completion of the transaction itself (i) shall in any way diminish or
otherwise adversely affect any right that the City has, may have, or may have at any
time, or in any manner subsequently acquire, with respect to any matter, including
.. without limitation, any right of the City to require compliance with the terms of the
Franchise or the Cable Ordinance and (ii) shall diminish or otherwise adversely affect
any right the City would have had with respect to any matter had the transaction or
the City's consent to the transaction never occurred.
ADOPTED by the City Council of the City of Tybee Island on this 12th day of June, 1997.
THE CITY OF TYBEE ISLAND
By: The Honorable Walter W. Parker
Title: Mayor
1
1
Attest:
City Clerk
Approved as to Form:
5/
City Attorney
Accepted:
USC/ USC of C-T
usa-tyb.doc
c°
1
STATE OF GEORGIA
COUNTY OF CHATHAM
AGREEMENT
THIS AGREEMENT made and entered. into this 13th day of
February, 1997, by and between THE CITY OF TYBEE ISLAND, GEORGIA,
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 would allow for a more
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:
1
1
1
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.
- 2 --
1
1
1
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:
with a copy to:
Chatham County Tax Commissioner
Room 109, Chatham County Courthouse
Post Office Box
Savannah, Georgia 31412
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
- 3 -
1
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
1
1
on behalf of the parties in the same manner in which this Agreement
is executed.
11.
This Agreement shall be binding upon the parties hereto and
their successors in office.
12.
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.
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.
- 5 -
1
1
Except
all rights,
cumulative
equity.
15.
as expressly limited by the terms of this Agreement,
powers and privileges conferred hereunder shall be
and not restrictive of those provided at law or in
CITY COUNCIL OF TYBEE ISLAND, GEORGIA
By:
Attest:
Walker Parker, Mayor
CHAT
e1y'1R. Brown, Clerk
COUNTY TAX COMMISSIONER
Daniel T. Powers Chatham County
Tax Commissioner
,fogccoveii: 61 /994‘.
1
1
1
EXHIBIT "A"
A G R E E M E N T
GEORGIA, CHATHAM COUNTY
THIS AGREEMENT made and entered into this 13th day of
February, 1997, 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
1
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
County, for the purpose of collecting tax money on behalf of
City; and
WHEREAS, the Tax
the
the
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
- 2 -
1
1
1
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:
- 3 -
1
1
(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
- 4 -
1
1
1
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
- 5 -
1
1
1
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.
- 6 -
1
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.
1
1
1
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 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 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
- 8 -
1
1
1
STATE OF GEORGIA
COUNTY OF CHATHAM
AGREEMENT AMENDMENT
THIS AGREEMENT AMENDMENT made and entered into on the latest
date affixed hereto by the signatories hereof, amends the
AGREEMENTS made and entered into on the 13th day of February,
1997, by and between THE CITY OF TYBEE ISLAND, GEORGIA, and
DANIEL T. POWERS, in his capacity as Tax Commissioner of Chatham
County, Georgia, and Chatham County, Georgia, by and through its
Board of Commissioners.
W I T N E S S E T H
WHEREAS, due to logistical developments, services provided
to the City of Tybee Island by the Chatham County Tax
Commissioner and other Chatham County offices for tax collection
services will not be implemented in 1997 until the second billing
cycle, thus decreasing the scope of services provided by
approximately one half;
NOW, THEREFORE, the parties do hereby mutually agree that
the amounts to be paid by the City of Tybee Island for tax
collection services in calendar year 1997 shall be one half of
the amounts required to be paid as reflected in the AGREEMENTS
entered into on the 13th day of February, 1997, and the
AGREEMENTS are hereby so amended.
1
1
CITY COUNCIL OF TYBEE ISLAND, GEORGIA
By:
alker Parker, Mayor
CHATHAM COUNTY TAX COMMISSIONER
Dante iel . Powers Chatham County
Tax Commissioner
CHATHAM COUNTY, GEORGI
Dr. Bi B Hair
Chairman
gb" /41;j■
f.�.�e��'.': h. :
ATTEST.
Sy,�i� E. TIman ` : C./ Clerk of Cbiiissi�jgwr °.s
,��
•
,t°14P14 aff4-674efit /au- /996 .
- 9 -
*•
Date: 3A'.4 672it��•
Date: fds/t, '(91 1991
1
Date
1
AGREEMENT AMENDMENT f 1 D u G• , T 7'.7:
^ f
r
• R
CITY COUNCIL OF TYBEt SLAND i p`GEORG
Atte
By:
alker Parker, Mayor-4.
lyn'R. Brown, Clerk
irCOMMIS ONER
•
j
.t "_ '
. -owe s' Chatham County
Tax Commissioner
OUNTY E
a,. � fit`
Dr. Bil y Raip 0 " 1
,' X11 ��
Chairman �;��''' ,V,, !t, °Y
J•il E. Ti11 31:f 4 0
Clerk of Commis o lr-- -: �,,;
t +iri +s °�' N"� .J
97 , AL
[SEAL`]." ^ .
Attest
•
•