Loading...
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 • •