HomeMy Public PortalAbout20011011CCMeeting1
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@ @ITEM 2001 -10 -11 City Council Minutes
Mayor Walter W. Parker called the October 11, 2001 Council meeting to order at
7:03 P.M. The following members of Council were present: James Burke, Jack
Youmans, Shirley Sessions, Anne Monaghan, Pam O'Brien and Mallory Pearce. City
Attorney Edward Hughes and City Manager Tom Cannon were also present.
The Reverend David Laughner gave the invocation and the Pledge of Allegiance
followed.
Sandy McCloud, the "Good Sister ", of 98.7 the River radio station thanked
Council for all the support they have been given when sponsoring fund raiser at Tybee
and she presented Council with 450 Child I.D. kits.
Rick Shores, Med Star One, explained the change to take place in November
when Med Star takes over the ambulance service in Chatham County. Shores said the
County signed a 4 year contract, this will provide more personnel and resources. Shores
said that Med Star is hiring most all of Chatham EMS personnel.
Sandra Luxenburg addressed Council on the issue of flood insurance premiums.
Luxenburg said that this was and is a wake up call for the citizens of Tybee. Luxenburg
requested that Council set up something with FEMA and insurance agents to get
information to the citizens.
Alan Jack introduced himself as the new director of the Marine Science Center.
Jack asked the citizens to visit often and volunteer and he looks forward to working with
everyone.
City Manager Cannon introduced Elizabeth Hodges as the new Community
Development Director.
Bill Saxman, consultant for zoning and planning, gave an initial report on
Beachside Colony Development, a four phase mixed use development. (Copy of report
attached and becomes a part of these minutes.) Saxman informed O'Brien that Phase II is
water over the dam. Saxman said that the developers are willing to work with the city
staff. O'Brien asked if Phase II is back to suites. Saxman answered that if they meet the
setback requirements they could be condos or suites. Cannon said that Saxman will be
back before Council in November with a complete report. O'Brien said to table the
master plan on Clark's project.
Mayor Parker asked all the candidates running for office to stand up and introduce
themselves. Carole Myrick, Whitley Reynolds, Jason Buelterman, Lisa Formby and
Walter Crawford introduced themselves.
Youmans moved to go into executive session to discuss personnel and litigation.
Pearce seconded. Vote by Council was unanimous. Monaghan moved to reconvene the
regular session. Pearce seconded. Unanimous vote.
Parker announced that there will be a Meet the Candidates at City Hall on October
15th at 7 P.M. Parker recognized Michael "Spec" Hosti and Edwin Longwater as
candidates.
Parker proclaimed October 12 -27 as World Population Awareness Week on
Tybee.
Parker opened the two public hearings on the agenda, asked for comments and
closed them according to the law.
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The resolution for 4 year staggered terms for Mayor and Council was heard. No
comments from the audience. Pearce said that this is needed in order to send to the state
legislators so that it can be placed on the ballot for a vote by the citizens. Hughes
clarified by stating that Council requested this action and that it is up to the legislation in
Atlanta to decide, they could pass it without a referendum.
Bobby Chu and Downer Davis presented a petition for a minor subdivision on Lot
82 13th Place PIN 4- 7 -5 -8. Davis stated that this lot is parcel # 3 and that all codes have
been met and all engineering plans have been approved. Pearce asked about parcel # 1
tree issue. Davis answered that they are here about parcel # 3. Pearce mentioned tree
mitigation. Chu said he has a letter. O'Brien said she has not had time to review the
information as it was not in the Council packet. Burke questioned drainage on all 4 lots.
Davis said only talking about parcel 3 # tonight. Sessions asked if the city engineers
have approved. Davis answered yes, the city has the letter. Levy said the Planning
Commission voted 5 in favor, with one commissioner abstaining. Pearce asked if they
were going to try and save the oaks. Chu answered will try to save all four, but will
definitely save three.
Mayor Parker opened the meeting for business legally presented. Pearce moved
to approve the minor subdivision for Bobby Chu at Lot 82 13th Place. Burke seconded.
Vote by Council was 5 in favor (Burke, Youmans, Sessions, Monaghan an Pearce).
O'Brien abstained as she did not have the information in her Council packet in time to
review.
Chief Jimmy Brown presented Council with 2 proposals for offering employees
physical fitness by using an empty room at the school and the city purchasing the
equipment or some type of agreement with the YMCA. Deanna Corbin said that the Y is
more than willing to work with the City. The Y is for spirit; mind, body and we do have
relationships with companies. Deanna said that she gives presentations of what the Y has
to offer. Sessions asked if this could be done at the budget workshop.
Chief Jimmy Brown presented Council with a check for $106,666.66 from
Chatham County. This money is from the SPLOST fund and must be used for the
purchase of fire equipment only.
Under action items O'Brien asked where the summary from Cannon is on the
wish list for the Chatham Delegation. Cannon answered that the one page summary was
to be based on input from the Council members; he has 5 major items for the list.
O'Brien said to share the summary suggestions with Council.
Pearce moved to adopt the September minutes as written and presented. Sessions
seconded. Monaghan said that she would like to have a current copy of the drainage list
that is mentioned in the minutes. Johnson answered that she placed a copy of the list in
each council members box. O'Brien said she did not get it. Cannon said that the list is
not final that he needs to meet with Pye. Youmans said that SPLOST has money for
drainage, there is also $500,000 for the water sewer department and that was voted on by
Council to pay off the loan on the 2nd Street water tank. Council vote was unanimous to
accept the minutes.
Parker said that he had a letter from Sally and Emory Bazemore requesting that
they be allowed to have Santa Clause out side of City Hall this year as they have sold
their home on Taylor. Burke moved to approve. Pearce seconded. Vote by Council was
unanimous.
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O'Brien asked if there has been a follow up on the 7th and Miller Street issue.
Cannon replied that it is state wetlands. O'Brien said that she was concerned about the
soccer goals being cemented down in J.C. Park making the 2 ball diamonds useless.
Cannon said that he has asked the Y to find out the cost of movable regulation goals, and
that we could relocate what it is in the park currently. O'Brien asked that they be moved
soon. Soozie Moore told Council that she did not think that they are set in concrete but
just deep in the ground for safety reasons. O'Brien said that she had an e-mail
concerning the ferry system being discussed in the paper. Cannon said that he has spoken
with the chamber and that there is quite a bit of support. Parker said that the water taxi is
also interested. Sessions asked about the issue behind the IGA store and what is the
status. Cannon said it is not resolved but that the Community Development Director is
working on it.
James Chandler was elected to fill the unexpired term of Rachel Perkins on the
Planning Commission.
Hughes explained about the North Waves Easement Encroachment that he
requested to be on the agenda. A portion of the building sits in the railroad right of way.
Hughes said that he just received a letter from the president of the homeowners
association objecting to this issue, stating that the road is needed for access. Parker asked
about the setbacks of the building. Hughes answered that there are no setbacks on this
side of the property in question; the building encroaches in the right of way. Pearce said
that the structure was built recently and that the builders made a mistake and that it needs
looking into from the City. John Kern said that they relied on another persons survey and
that they are not planning to do anything with the property, this -will just fix the little
problem. Hughes explained that the railroad right of way was 100 feet wide, 40 was
deeded off and then another 40 leaving the 20 feet in question. Hughes said that a
suggestion would be that Council considers conveying the portion of land under the
house and not anything else. This would clear up the title. Pearce moved to have
Hughes negotiate with attorneys in order to convey the portion under the house.
Monaghan seconded. Burke asked if a variance was needed since there is no setback.
O'Brien said they violated the setback and now are asking for forgiveness — what is the
fine for building in the setback. Hughes said the same thing happened on Bay Street.
Parker said that we all make mistakes. O'Brien moved to amend the motion contingent
upon imposing the fine for the violation. Pearce accepted the amendment. Vote by
Council was unanimous.
Pearce moved to adopt the memo of agreement on the Green Space and
SPLOST from Chatham County. Monaghan seconded. Vote by Council was
unanimous.
Hughes informed Council that he requested the height ordinance be placed on the
agenda for discussion but he will meet with Ms. Hodges to get input before advertising
for a public hearing.
Burke moved to adopt the Beach Task Force by laws. Pearce seconded.
Hughes said that a word is missing in Section 5 on the first page. O'Brien said to write in
that the Ex Officio members are non - voting members. Vote on the motion and correction
and additions was unanimous by Council.
The addition of 2 new fees within the "tree permits" section of the Land
Development Code was discussed. Brown questioned the advertising of a change in LDC
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and ordinance form. Hughes stated that we are only required to advertise for a zoning
change according to state law but that this does need to be in ordinance form. It was
noted that the tree on 11th and 2 "d will be trimmed in order to balance.
Pearce moved to adopt the Telecommunication ordinance Section 9 -4 -40
through 9 -4 -43.6 on 2°d reading. Monaghan seconded. Cannon said that no fees are in
place in the ordinance Johnson told Council that fees vary based on a lot of things.
Burke asked when the Cable Franchise is up with the City of Tybee? Cannon said that a
survey is being mailed to residents. Burke told Council that Comcast is buying out U.S.
Cable. Council agreed upon the amount of $250.00 for the application fee. Vote by
Council was unanimous.
Pearce moved to adopt Sections 9 -4 -44 through 9 -4 -47.6 Cable Services with the
application fee of $250.00 on its second reading. Monaghan seconded. Vote by
Council was unanimous.
Pearce moved to adopt Section 4 -050 District Use Regulation in C -1 on first
reading. O'Brien seconded. Vote by Council was 4 in favor (Sessions, Monaghan,
O'Brien and Pearce); 2 opposed (Burke and Youmans).
Pearce moved to approve the Growth Control Ordinance on first reading with
the following changes. To remove the issue of the lottery and replace with first come
first serve and also to reserve 60% of the hook ups for single family construction.
O'Brien seconded. Burke said that if we change any wording that the ordinance needs to
go back to Planning Commission for review. Hughes said that the change is not in
ordinance form before you and we don't want to leave a procedure that might cause the
City to lose a lawsuit. Pearce said that he will leave it in Hughes legal opinion, to use
your judgment, pass with verbal amendment or if not legal do it correctly. Voting in
Favor of the ordinance was Sessions, Monaghan, O'Brien and Pearce. Voting against
were Burke and Youmans.
Pearce moved to approve a contract with Cannon to include a three -month
severance pay paragraph and also to give Cannon a $6,000. raise. Hughes will write
the final form. Monaghan seconded. O'Brien said that the issue of training should be
addressed in the budget. Vote by Council was 5 in favor (Burke, Sessions, Monaghan,
O'Brien and Pearce); 1 opposed (Youmans)
As there was no further business to come before Council Mayor Parker adjourned
the meeting.
Clerk of Council
Mayor Walter W. Parker
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Saxman. Planning and Development Services
601 Whitaker Street Savannah, Georgia 31401
telephone:. 912- 334 -1540
e�aall: whinn@aoLcom
To: City of Tybee Island Mayor and Council
Thru: Mr. Tom Cannon, City Manager
From :William B. Saxman
Re: Project Number: 010925 -1 SPR
Beachside Colony Development, a
Four Phase Mixed Use Development
404 Butler Avenue
Mr. Tommy Clark, Owner
Kern - Coleman, Agent
C -1 Zoning District
Tybee Island, Georgia
Report Status: Initial Report prepared for City of Tybee Public Hearing
October 11, 2001
Nature of Report
During the review of the City of Tybee Codes and the subject site plan, a number
questions and concerns were raised then presented to the City staff and petitioner's
agent,. Kem- Coleman Inc. However, the petitioner did not had time to address all of
these issues before the October 11, 2001 Council meeting. The requested data is
scheduled to be submitted to the City's staff in time for a more detailed sketch plan
presentation on Noverber , 2001. a
issues raised in this initial review.
Summary of Issues:
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1. Section 3 -070, Accessory Structures, states that "only one principal building and
its customary accessory buildings may be designated per lot." A proposed
subdivision layout was not provided on the submitted "concept" plan.
2. Section 3 -120. Access to Public Street Required, stipulates that each building .
and use on the site shall have Legal access. The plan must) be revised to follow
the City's three step subdivision process. The Phase III building may be land-
locked.
3. Section 5 -080 (B} Site Plan Approval Other Zorring � 'on-s, states that "the site
plan should identify any other zoning actions necessary in order for the intended
development to be constructed so that a public hearing can be held on all such
"
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z o n i n g a c t i o n s s i m u l t a n e o u s l y w i t h t h e p u b l i c h e a r i n g o n t h e s i t e p l a n . S i t e p l a n
a p p r o v a l s h o u l d e n c o m p a s s a p p r o v a l o f a l l o t h e r z o n i n g a c t i o n s n e c e s s a r y t o
a c c o m p l i s h t h e d e v e l o p m e n t . . . " T h e r e q u i r e d s u b d i v i s i o n r e v i e w m a y a l t e r
a p p r o v e d s i t e p l a n s a n d w i l l r e q u i r e a n a d d i t i o n a l p u b l i c h e a r i n g a n d r e v i e w
p r o c e s s f o r t h e s i t e . T h i s p r o v i s i o n m a y a l l o w M a y o r a n d C o u n c i l a l s o t o b r i n g
t h e i s s u e o f t h e p h a s e I I d e v e l o p m e n t c o n v e r s i o n p l a n ( f r o m t h e i n i t i a l r e n t a l
u n i t s t o c o n d o s ) b a c k b e f o r e C o u n c i l , i f C o u n c i l c h o o s e s t o r e o p e n t h i s i s s u e .
S u c h a c t i o n w o u l d b e c o n s i s t e n t w i t h a s t a t e m e n t b y t h e p e t i t i o n e r ' s a t t o r n e y
a n d r e c o r d e d i n t h e C o u n c i l ' s m i n u t e s d a t e d D e c e m b e r 1 2 , 1 9 9 9 .
4 . T h e p a r k i n g s p a c e s a v a i l a b l e f o r t h e e x i s t i n g r e s t a u r a n t / b a r u s e s w i l l b e
d e f i c i e n t b y a p p r o x i m a t e l y 7 5 o n - s i t e p a r k i n g s p a c e s p r i o r t o t h e c o n s t r u c t i o n o f
t h e p h a s e I V p a r k i n g g a r a g e s a n d t h e a d j a c e n t e x t e r i o r p a r k i n g s p a c e s .
5 . U n t i l t h e p r o p o s e d s u b d i v i s i o n a n d l a n d s c a p e p l a n s a r e p r o v i d e d f o r r e v i e w , t h e
r e q u i r e m e n t ( S e c . 3 - 0 9 0 ) t h a t a m o t e l / h o t e l d e v e l o p m e n t c a n n o t e x c e e d 8 0 %
b u i l d i n g c o v e r a g e a n d ( S e c . 3 - 1 6 5 ) n o g r e a t e r t h a t 6 5 % o f t h e r e q u i r e d 2 0 f o o t
w i d e g r e e n s p a c e s e t b a c k c a n b e e n c r o a c h e d u p o n c a n n o t b e c e r t i f i e d f o r e a c h
l o t .
6 . T h e r e l a t i o n s h i p b e t w e e n t h e C - 1 Z o n i n g D i s t r i c t a n d t h e a R - 2 R e s i d e n t i a l
D i s t r i c t s o u t h o f C e n t e r S t r e e t w a r r a n t s a r e v i e w o f h o w a d j a c e n t r e s i d e n t i a l
p r o p e r t i e s s h o u l d b e b e t t e r s c r e e n e d . S e c t i o n 3 - 1 6 0 s t a n d a r d s w e r e n o t
e n f o r c e d d u r i n g t h e p h a s e I I s i t e p l a n a p p r o v a l p r o c e s s a f t e r t h e C i t y a t t o r n e y
c o n f i r m e d t o C i t y s t a f f t h a t t h i s p r o v i s i o n s d i d n o t a p p l y f o r t h i s s i t e .
7 . T h e i s s u e s o f a d d i t i o n a l s c r e e n i n g i n t h e p a r k i n g g a r a g e . a r e a a n d a l o n g B u t l e r
A v e n u e a n d C e n t e r S t r e e t p l u s t h e r e p l a c e m e n t o f a m a s o n r y f e n c e n e e d t o b e
a d d r e s s e d f u r t h e r . T h e d e v e l o p e r ' s a g e n t h a s s t a t e d t h a t t h e d e v e l o p e r h a s
s i m i l a r c o n c e r n s a n d i s w i l l i n g t o w o r k w i t h t h e C i t y i n i t s e f f o r t t o i n s u r e t h a t t h e
p e n d i n g d e v e l o p m e n t i s c o m p a t i b l e a n d m e e t s t h e n e e d s o f t h e n e i g h b o r s , C i t y ,
a n d d e v e l o p e r .
F u t u r e A c t i o n s :
S t a f f w i l l w o r k w i t h t h e C i t y ' s c o n s u l t a n t a n d t h e d e v e l o p e r o v e r t h e n e x t f e w w e e k s t o
i n s u r e t h a t t h e p r o v i s i o n s o f t h e C i t y o f T y b e e I s l a n d L a n d D e v e l o p m e n t C o d e s a r e
i m p l e m e n t e d a n d w i l l a l s o a d d r e s s a n y i s s u e s r a i s e d b y t h e M a y o r a n d C o u n c i l d u r i n g
t h e O c t o b e r 1 1 , 2 0 0 1 m e e t i n g .
A p a r k i n g � p h a s i n g p l a n � m u s t b e d e v e l o p e d t o i n s u r e t h a t a d e q u a t e p a r k i n g s p a c e s
w i l l b e a v a i l a b l e a n d m a i n t a i n e d f o r t h e e x i s t i n g u s e s a n d e a c h c o m p l e t e d p h a s e o f t h e
d e v e l o p m e n t . A c o n s t r u c t i o n b o n d o r o t h e r a l t e r n a t i v e a c t i o n p r o g r a m m a y b e n e e d e d
t o b e d e v e l o p e d b y t h e d e v e l o p e r a n d a p p r o v e d b y t h e C i t y o f T y b e e t o i n s u r e t h a t t h e
r e q u i r e d p a r k i n g w i l l b e m a i n t a i n e d a n d / o r p r o v i d e d i n a t i m e l y m a n n e r .
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A Center Street facade elevation and a cross section of the proposed parking garages
have been requested from the developer's agent and will be provided. These
additional visual aids will assist City officials in determining if any negative impacts
would be expected from the proposed development. A more detail review of the
building plans also could help insure that the retention pond, parking spaces and
garages, stairwells, plus mechanical and service equipment areas are appropriately
designed, screened and/or landscaped to protect the visual impact and value of the
City. An arboreal greenbelt and/or ornamental masonry wall/ privacy fence and
landscape planters should be coordinated between the City and the petitioner if any
issues arise that warrant such action.
9.1.5 World Population Awareness Week
Section 1. Item 9.1.5 is hereby amended to read as follows
9.1.5 World Population Awareness Week
PROCLAMATION
World Population Awareness Week
Whereas, world population stands at more than 6 1 billion and increases by some one billion every 13 years; and
Whereas the most significant feature of the 20th century phenomenon of unprecedented world population growth was
rapid urbanization;
Whereas cities and urban areas today occupy only 2% of the earth's 1;and, but contain 50% of its population and
consume 75% of its resources;
Whereas the most rapid urban growth over the next two decades is expected in cities with populations ranging from
250,000 to one million;
Whereas, along with advantages and amenities, the rapid growth of cities leads to substantial pressure on their
infrastructure, manifested in sanitary, health and crime problems, as well as in deterring the provision of basic social
services;
Whereas, in the interest of national and environmental security, nations must redouble voluntary and humanitarian
efforts to stabilize their population growth at sustainable levels, while at all times respecting the cultural and
religious beliefs and values of their citizens;
Whereas World Population Awareness Week was proclaimed last year by Mayors of 315 United States cities, as well
as Governors of 32 states, and was co- sponsored by 231 organizations in 63 countries;
Whereas in 2001 the theme for World Population Awareness Week is
"Population and Urban Future"
NOW, THEREFORE, I Walter W. Parker, Mayor of the City of Tybee Island, do hereby proclaim the week of
October 21 through October 27, as World Population Awareness Week and urge all citizens of our City to take
cognizance of this event and to participate appropriately in its observance..
Adopted . is 11th day of 0 2001
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MPC
coMMIMicunoN MEMO
TO: City Managers and Administrators
FROM: Milton L. Newton, AICP, Executive Director
SUBJECT: Greenspace Intergovernmental Agreement
DATE: September 21, 2001
The County Commission today approved a revised Intergovernmental Agreement on
Greenspace. A copy is attached. The revised agreement makes three changes:
The FY 2001 supplemental funds about which you were notified are included in the
agreement.
2. The reduction in FY2002 funds from the earlier forecast is reflected in the
agreement. The. allocation is readjusted based on the 2000, census.
3. The amount to be initially allocated to municipalities from SPLOST funds is
increased to cover the entire amount of the two -year Greenspace entitlement.
The agreement should be approved as soon as possible by all municipalities. A report
containing the agreements must be submitted to the Georgia Greenspace Commission no
later than November 30 in order to receive the 2002 allocation. The MPC will need to
receive the approved agreements a minimum of two weeks prior to the report deadline.
The attached agreement should be approved by your Council whether or not they acted to
approve the initial agreement (some municipalities approved the agreement while others
deferred action). MPC staff will circulate an original signature page following approval.
If you have any questions, please contact either Tom Wilson at 651 -1449 or Clyde Wester
at 651 -1447.
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STATE OF GEORGIA
COUNTY OF CHATHAM
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (hereinafter referred to as this Agreement "), made
and entered into this day of , 2001, by and between Chatham
County, a political subdivision of the State of Georgia (hereinafter "County "),
and
the City of Bloomingdale, a municipal corporation of the State of Georgia, hereinafter called
"Bloomingdale ", the City of Garden City, a municipal corporation of the State of Georgia,
hereinafter called "Garden City ", the City of Pooler, a municipal corporation of the State
of Georgia, hereinafter called "Pooler", the City of Port Wentworth, a municipal corporation
of the State of Georgia, hereinafter called "Port Wentworth ", the Mayor and Aldermen of
the City of Savannah, a municipal corporation of the State of Georgia, hereinafter called
"Savannah ", the Town of Thunderbolt, a municipal corporation of the State of Georgia,
hereinafter called "Thunderbolt ", the City of Tybee Island, a municipal corporation of the
State of G eorgia, hereinafter called "Tybee Island ", and the Town of Vernonburg, a
municipal corporation of the State of Georgia, hereinafter called "Vernonburg ", all of which
are collectively referred to as "Municipalities" and any one of which is a "Municipality ".
WITNESSETH:
WHEREAS, the 2000 General Assembly established a greenspace program administered
by the Georgia Department of Natural Resources (DNR) to encourage counties of the state
to establish programs with the goal of preserving 20% of their area as open greenspace
for the general public welfare of the state's current and future citizens; and
WHEREAS, subject to the preparation and adoption of a greenspace plan which complies
with DNR's regulations for the greenspace program, the DNR has allocated the aggregate
sum of $2,154,076 to Chatham County and the Municipalities within Chatham County
consisting of $1,122,000 for Year 1 (2001), $3,546 for Year 1 Supplemental, and
' _ -- !02); and
WHEREAS, the Metropolitan Planning Commission (MPC) coordinated the preparation of
a greenspace plan which has been adopted by the County and each of the Municipalities
and which was submitted to the DNR for review for greenspace program compliance; and
WHEREAS, the adopted greenspace program identifies the acquisition of the Demere
Tract on Whitemarsh Island in the unincorporated area of the County as an appropriate
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high priority first use of the Greenspace Grant funds made available underthe greenspace
program; and
WHEREAS, since the cost of acquiring the Demere Tract will exceed the County's
Greenspace Grant allocation, the Municipalities are willing to assign their Greenspace
Grant allocations to the County for the first two years of the greenspace program for use
by the County to partially fund its purchase of the Demere Tract, on the condition however,
that the Municipalities will each receive an equivalent amount of open space funds from
the currently levied special purpose local option sales tax in exchange for their assignment
of such Greenspace Grant funds to the County; and
WHEREAS, a 1% special purpose local option sales tax was authorized by referendum
conducted on June 17, 1997, and the proceeds of that tax (hereinafter "SPLOST Funds ")
were authorized to fund countywide drainage, road, and open space capital outlay projects;
and
WHEREAS, the intergovernmental agreement among the County and Municipalities dated
as of May 1, 1997 regarding the distribution of the SPLOST Funds (hereinafter the
"SPLOST Agreement "), provides that 10.70% of monthly SPLOST proceeds remaining
after funding a monthly amount of $2,431,667 for drainage capital outlay projects will be
allocated for open space and greenway /bikeway capital outlay projects and will be
deposited by the County into a separate fund therefore and approximately $3,785,181 has
,been so deposited through July 2001; and
WHEREAS, the SPLOST Agreement further provides that the estimated allocation of
SPLOST Funds for open space and greenway /bikeway capital outlay projects over the
term that the SPLOST is authorized to be collected is $9,000,000; and
WHEREAS, the SPLOST Agreement further provides that the SPLOST Funds allocated
to open space and greenway /bikeway projects will be used in conformance with a county
wide plan prepared by the Metropolitan Planning Commission; and
WHEREAS, the Metropolitan Planning Commission prepared the Chatham
County /Savannah Countywide Open Space Plan (hereinafter "MPC 1996 Plan ") in 1996
which, among other things, identified open space deficiencies within the City of Savannah,
the City of Bloomingdale, and the unincorporated county aggregating to a total of 866
acres, and that MPC 1996 Plan was adopted by the Chatham County Commission on
Novembcr 7, 1 997; and
WHEREAS, the SPLOST Agreement further provides that the County and a Municipality
may agree in a separate agreement for the transfer of SPLOST Funds, designated for
open space capital outlay projects located wholly with a Municipality, to the Municipality
which shall be responsible for the detailed design, construction procurement, and
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construction management of the project; and
WHEREAS, the County and Municipalities now desire to enter into an agreement to
provide for the transfer of SPLOST Funds to the Municipalities for use for open spaces
capital outlay projects, and provide for the assignment to the County by the Municipalities
of their shares of the state Greenspace Grant funding for the first two years of the
greenspace program.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
parties agree as follows:
1. Greenspace Grants for 2001 and 2002. Greenspace Grants awarded to each of the
Municipalities for the first two program years of the greenspace program are hereby
assigned to the County in an amount not to exceed $2,154,076, that amount being the sum
of the Greenspace Grants allocated to Chatham County and the Municipalities forthe first
two years of the greenspace program as shown in the following table:
Greenspace Grant Allocation
Year 1
Year 1 Year 2 Total
Supplemental
Bloomingdale $11,220 $35 $11,812 $23,067
Garden City 37,026 117 50,037 87,180
Pooler 26,928 85 27,654 54,667
Port Wentworth 19,074 60 14,521 33,655
Savannah 655,248 2,071 582,905 1,240,224
Thunderbolt 13,464 43 10,372 23,879
Tybee 14,586 46 15,035 29,667
Vernonburg 1,122 1 612 1,735
Unincorporated County 343,332 1,088 315,582 660,002
Total $1,122,000 $3,546 $1,028,530 $2,154,076
The County is hereby authorized to request that DNR pay Greenspace Grants allocated
to each of the Municipalities for the first two program years directly to Chatham County.
In the event that Greenspace Grant funds are paid directly to a Municipality during the first
to years of the greenspace program, the receiving Municipality shall transfer such funds
to the County within 30 days of receipt.
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- - nspace ran s a oca e. o e Y unicipa i les or e irsttwo program
years of the Greenspace Program exceed $2,154,076, such excess shall be retained by
the applicable Municipality for use in accordance with the greenspace program. In the
event that Greenspace Grants allocated to the Municipalities forthe first two program years
of the Greenspace Program is Tess than $2,154,076, then the shortfall shall be deducted
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pro -rata among the Municipalities from the SPLOST distribution provided for in Section 3
of this agreement, and added to the County allocation.
The County shall use the $2,154,076 in Greenspace Grant funds assigned to it under this
agreement for the partial funding of the Demere Tract acquisition.
2. Allocation of SPLOST Funds for Open Space Projects. Based on the MPC 1996
Plan, and in order to compensate the Municipalities for Greenspace Grants they have
assigned to the County, it is agreed that the estimated $9,000,000 in SPLOST Funds
allocated to open space and greenway /bikeway capital outlay projects by the SPLOST
Agreement, shall be allocated among the Municipalities and County as follows:
Total
Allocation
Bloomingdale $121,531
Garden City 88,467
Pooler 64,340
Port Wentworth 45,574
Savannah 3,339,424
Thunderbolt 32,170
Tybee 34,851
Vernonburg 2,681
Unincorporated County 5,270,962
Total $9,000,000
The amounts hereby allocated to the County shall be used to complete the funding of the
Demere Tract acquisition and for other open space and greenway /bikeway capital outlay
projects in throughout the County.
The amounts hereby allocated to the Municipalities shall be used for open space projects
in accordance with the SPLOST Agreement. These allocations are intended to
compensate each Municipality for the Greenspace Grant funds it has assigned to the
County in Section 1 of this Agreement, and provide partial funding for open space
deficiencies identified in the MPC 1996 Plan. While use of open space SPLOST Funds
allocated under this agreement does not need to comply with all the rules applicable to
Greenspace Grant funds, Municipalities will consider the greenspace plan in their use of
the SPLOST Funds for open space.
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The parties hereto recognize that the projected amount of SPLOST Funds to be available
for open space projects is based upon assumptions for projecting future revenue from the
SPLOST. Such assumption may not be realized, and the total available for open space
projects may be less than the projection. In the event that the actual revenues are less
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than the projected amount, the aggregate totals listed in the table in Section 2 may not be
achieved. In such event each Municipality and the County will be responsible for securing
other funding, or reducing the scope and cost of its projects.
3. Manner of Payment of SPLOST Funds to Municipalities for Open Space Projects.
The SPLOST agreement provides that 10.70% of monthly SPLOST proceeds remaining
after funding a monthly amount of $2,431,667 for drainage projects will be allocated for
open space and greenway /bikeway capital outlay projects and will be deposited by the
County into a separate fund therefore.
The amount of SPLOST proceeds deposited in such fund through the month of July, 2001
is estimated to be $3,785,181. This amount shall be allocated among the parties in
accordance with the following table in order to replace Greenspace Grant funds assigned
to the County by the Municipalities, and provide for partial funding for the Demere Tract.
Within 15 days of the execution of this agreement, the total amount shown in the following
table shall be paid to the indicated party by the County form SPLOST funds:
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Bloomingdale
Garden City
Pooler
Port Wentworth
Savannah
Thunderbolt
Tybee
Vernonburg
Unincorporated County
Total
SPLOST
Replacement
for Greenspace
$23,067
87,180
54,667
33,655
1,240,224
23,879
29,667
1,735
660,002
$2,154,076
Initial Payment
Additional
SPLOST
for OpenSpace Total
$23,067
87,180
54,667
33,655
1,240,224
23,879
29,667
1,735
2,291,107
$3,785,181
1,631,105
$1,631,105
For each remaining month of the currently levied SPLOST after January 2001,
Municipalities shall be paid each month a monthly installment for open space capital
projects within 15 days after receipt of SPLOST proceeds from the Georgia Department
of Revenue by the County. The total of monthly installments for open space shall be an
amount equal to 10.7% of the SPLOST monthly total remaining after the $2,431,667 for
i ution will be allocated to
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each Municipality according to the percentages provided in the following table:
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Bloomingdale
Garden City
Pooler
Port Wentworth
Savannah
Thunderbolt
Tybee
Vernonburg
Unincorporated County
Total
Calculation of Allocation for Future Monthly
Total
Allocation
$121,531
88,467
64,340
45,574
3,339,424
32,170
34,851
2,681
5,270,962
$9,000,000
Less Initial
Payment
($23,067)
(87,180)
(54,667)
(33,655)
(1,240,224)
(23,879)
(29,667)
(1,735)
(2,291,107)
($3,785,181)
Future
Allocation
$98,464
1,287
9,673
11,919
2,099,200
8,291
5,184
946
2,979,855
$5,214,819
Payments
Future
Allocation
Percent
1.89%
0.02%
0.19%
0.23%
40.25%
0.16%
0.10%
0.02%
57.14%
100.00%
It is recognized that the County and any Municipality which demonstrates a need through
the preparation of an open space plan acceptable to the County, may enter into an
agreement supplemental to this Agreement, under which funding due such Municipality
may be accelerated with a corresponding reduction in the amount retained by the County
for open space purposes. Such supplemental agreements, however, shall not reduce the
amounts payable to other Municipalities under this Agreement.
4. Use of SPLOST Proceeds. All SPLOST proceeds paid to the Municipalities under this
Agreement shall be accounted for separately from all other funds of the Municipality and
shall be used exclusively for open space capital outlay projects within the Municipality
consistent with Section 1.d. of the SPLOST Agreement.
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5. Funding of Demere Tract Acquisition. As a result of this agreement the County shall
achieve the following funding for Open space/bikeway projects and Demere Tract
acquisition:
Greenspace Grants Assigned to County
SPLOST Initial Payment
SPLOST Future Allocation
Total
$2,154,076
2,291,107
2,979,855
$7,425,038
Funds remaining after the Demere Tract Acquisiton shall be used for county -wide open
space/bikeway projects in accordance with the SPLOST Agreement.
6. Other Requirements. All the other sections of the SPLOST Agreement goveming the
use of SPLOST funds as enumerated below shall apply to all funds received by the
Municipalities pursuant to this Agreement:
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Section 2. Restrictions as to Use of Tax Funds
Section 3. Audit Requirement
Section 4. Retention of Records
Section 5. Other Requirements
IN WITNESS WHEREOF, Municipalities and County have caused this Agreement to be
duly executed by their proper officers and so attested with their corporate seals affixed
hereto in multiple originals as of the date first written above.
ATTEST:
Clerk of County Commission
APPROVED AS TO FORM AND LEGALITY:
County Attorney
CHATHAM COUNTY, GEORGIA
BY:
Billy Hair, Chairman
Chatham County Commissioners
CITY OF BLOOMINGDALE
By:
Name:
Title:
ATTEST:
Name:
Title:
(signatures continue on next page)
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ATTEST:
Name: Dyanne C. Reese
Title: Clerk of Council
ATTEST:
Name: Yvonne Feltovic
Title:. City Clerk..:
ATTEST:
kie Brown 10 U -c51
!tie: City Clerk
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ATTEST:
Name: John. M. Adler
Title: Council Member
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MAYOR AND ALDERMAN OF
THE CITY OF SAVANNAH
By:
Name:Michael B. Brown
Title: City Manager
TOWN OF THUNDERBOLT
By:
Name: James A. Petrea
Title: Mayor
CITY OF TYBEE I
By
Name: Walter Parker
Title: Mayor
TOWN OF VERNONBURG
By:
Name: Frank A. Chisholm, Jr.
Title: Intendent
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Tybee Island Beach Task Force
Bylaws
Article I
Membership
Section 1. Appointment of Members: Members shall be appointed by the Mayor and
Council of the City of Tybee Island, Georgia.
Section 2. Ex Officio Members: Mayor of Tybee Island, City Manager, Representatives
from the Savannah District Corps of Engineers, Georgia Port Authority, Georgia
Department of Natural Resources, Chatham County Commission, United States and
Georgia Senates and Houses of Representatives. All Ex- officio members are non - voting
members.
Section 3. Period of Appointment: Members are appointed for a four (4) year term and
may be reappointed for any number of subsequent terms. Terms shall be fixed and
staggered. The initial terms shall be set by the drawing of lots amongst the current
members.
Article II
Meetings of the Members
Section 1. Location of Meetings: All meetings of members shall be held at such at a
place within Tybee Island, Georgia as may be from time to time fixed by the Chair and
shall be stated in the notice of the meeting posted at Tybee Island City Hall.
Section 2. Annual Meeting: Annual meetings of the members shall be held on the second
Thursday in February. or if a holiday, then on the following Thursday. At each such
meeting, the members shall, by a majority vote, elect officers.
Section 3. Special Meetings: Special meetings of members may be called for any
purpose by the Chair or Co- Chair, or four of the members if the Chair is unavailable for
any reason.
Section 4. Notice of Meetings: Written notice of all meetings stating the place, day and
hour, and in the case of special meetings, the purpose for which the meeting is called,
shall be delivered not less than ten (10) or more than thirty (30) days before the date of
the meeting and shall be posted at Tybee City Hall.
Section 5. Business of Meetings: The business of the meeting shall be so stated in a
meeting agenda. Members shall have an opportunity to make motions to modify the
agenda during the meeting by request by the Chair for its approval.
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Section 6. Quorum: A quorum shall constitute fifty percent (50 %) of the membership.
The Secretary shall call the roll to confirm the presence of a quorum as a regular part of
the agenda. If a quorum shall not be present, the members present in person or by proxy
(written and signed) shall have the power to adjourn the meeting from time to time, or .
without notice other than announcement at the meeting, until a quorum shall be present.
At any such reconvened meeting, any business may be transacted which might be
transacted at the adjourned meeting.
Section 7. Majority: If a quorum is present, the affirmative vote of a majority of the
members entitled to vote and represented at the meeting shall be the act of the members.
Section 8. Voting: The Task Force shall conduct by Robert's Rules of Order. A simple
majority shall prevail except in the cases of by -laws amendments and removal.
Section 9. Action by Consent: Any action required or permitted to be taken at a meeting
of the members may be taken without a meeting with consent in the minutes setting forth
the action is adopted at a meeting.
Article 3
Officers
Section 1. Offices: The offices of the Task Force shall consist of a Chair and Two (2)
Co- chairs. Offices shall be elected for a one -year term at the Annual Meeting and shall
hold office until their respective successors have been elected.
Section 2. Additional Offices and Agents: The Secretary to the Task Force shall be
appointed by the City Manager and serve as an agent of the City of Tybee Island. The
Task Force may appoint other such officers, as it shall deem necessary. Such officers and
agents shall hold their respective offices and perform such duties as shall be determined
from time to time by the membership.
Section 3. Salaries and Expenses: The officers shall receive no compensation. Should an
officer(s) of the Task Force be called upon by the City of Tybee Island to represent the
Task Force at a conference, meeting, or other official occasion, the officer shall be
reimbursed for expenses as defined in the City's personnel policy.
Section 4. Removal/Vacancies: Any officer or agent appointed by the City of Tybee
Island may be recommended to the City Council for removal at any time by two- thirds
affirmative vote. The Tybee Island Mayor and Council shall fill any vacancy by removal
or resignation for the remainder of the term.
A member who fails to attend two (2) consecutive regular meetings or four (4) meetings
of the Task Force in a one (1) year period without notice to the Chair or Secretary shall
either resign or become subject to a recommendation to Mayor and Council for dismissal
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from the Task Force. The Chair, with the concurrence of a majority of members present,
may recommend to the Mayor and Council that the vacancy is declared and that the
vacant position is filled by appointment.
Section 5 Chair: The Chair shall be the chief executive officer of the Task Force and shall
preside at all meetings of the members, shall have general and active management of the
business of the Task Force, and shall see that all orders and resolutions of the Task Force
are carried into effect. He /she shall be the liaison to the Tybee Island elected officials
and represent the Island at- large.
Section 6 Co- Chairs: There shall be two (2) First Co- Chairs. The Co- Chairs, in the order
determined by the Chair and in the absence or disability of the Chair, shall perform the
duties and exercise the powers of the Chair.
Section 7. Secretary: The Secretary shall attend all meeting of the members and shall
record the proceedings of such meetings in books to be kept for that purpose. He /she shall
give all notice of all meetings of the members and all special meetings and shall perform
such duties as may be prescribed by the Chair.
Articles 4
General Provisions
By -Law Amendments: These By -Laws may be altered, amended or repealed or new By-
Laws may be adopted by an affirmative vote of two -third of the members of the Task
Force after 30 days written notice of the meeting and notice stating the changes to the
members.
Adopted: September 14, 2001
Chris Schuberth, Chair June Johnson, Committee Clerk
Freda Rutherford, Co -Chair Sheldon Tenenbaum, Co -Chair
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Staff Report
To: Mayor and City Council
From: City Staff
Date: October 4, 2001
Re: New categories needed in tree
permit section
Action requested:
Create two new fees within the "tree permits" section of the LDC
Purpose:
To handle removal of diseased and damaged trees in a manner that
seems more fair to property owners
Specific request:
Set permit fee at $20.00 to remove a diseased tree with written
documentation from qualified tree authority
that the tree is indeed diseased
$ -0- to remove a storm damaged tree
Reimburse property owner for the difference of any higher fee collected
since May 1, 2001.
Rationale:
Property owners normally do not determine that tree should be diseased
nor control the path of a storm. We should not levy a penalty for a property
owner to resolve a tree problem while we are justified in making it difficult to
remove a healthy tree. Property owners cannot take the risk of a damaged tree
falling on their or their neighbor's property, and they should be able to resolve the
known problem swiftly and efficiently. We should facilitate that resolution for the
sake of all surrounding property owners and in order to insure that roads remain
open and drivable.
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MODEL TELECOMMUNICATIONS -ONLY ORDINANCE
ORDINANCE NUMBER
To become Section 9 -4 -40 through 9- 4-43.6
AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF TYBEE ISLAND
TO PROVIDE FOR THE GRANTING
OF ONE OR MORE NONEXCLUSIVE FRANCHISES AND REVOCABLE LICENSES
FOR TELECOMMUNICATIONS SYSTEMS WITHIN
THE MUNICIPAL BOUNDARIES OF THE
CITY OF TYBEE ISLAND AND TO PROVIDE FOR THE
PROCESS UNDER WHICH SAID GRANTING OF
FRANCHISES AND REVOCABLE LICENSES SHALL TAKE PLACE
•
It is hereby ordained by the Governing Authority of the City of Tybee Island, that:
WHEREAS, the Mayor and City Council have determined that it is in the best interests
of and consistent with the convenience and necessity of the City to grant Franchises or Revocable
Licenses (as hereinafter defined) to companies desiring to construct, operate or maintain
Telecommunications Systems over which Telecommunications Services or Private
Telecommunications Services (as hereinafter defined) are provided, or to companies desiring to
provide Facility Services (as hereinafter defined), within the territorial boundaries of the City and
on the terms and conditions herein, and as may be further described in each franchise or license
agreement; and
WHEREAS, the City has the authority to regulate the occupation and use of the Streets
(as hereinafter defined) to the maximum extent permitted under applicable law, including, but
not Bruited to, Section 253 of the Telecommunications Act of 1996, 47 U.S.C. § 253 ( "1996
Act "); and
WHEREAS, in an effort to comply with applicable law, including the 1996 Act, the
City has determined that a Person (as hereinafter defined) must obtain separate Franchises to
provide Cable Services and Telecommunications Services; and
WHEREAS, the City desires to structure and implement a fair and orderly process for
the grant of Franchises and Revocable Licenses (and renewals of such Franchises or Revocable
Licenses) to occupy and use the Streets to provide Telecommunications Services, Private
Telecommunications Services, or Facility Services in the City, including the negotiation of
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franchise and license provisions to protect the public interest, to the maximum extent permitted
by applicable law, including the 1996 Act; and
WHEREAS, the City intends to exercise, to the fullest extent permitted by applicable
law, including the 1996 Act, its authority with respect to the regulation of the occupation and use
of the Streets in connection with the provision of Telecommunications Services, Private
Telecommunications Services, and Facility Services; and
WHEREAS, Section 253 prohibits a local government from imposing a requirement
that "may prohibit or have the effect of prohibiting the ability of any entity to provide interstate
or intrastate telecommunications service "; and
WHEREAS, "telecommunications service" as defined by 47 U.S.C. § 153(46) of the
Communications Act of 1934 means "the offering of telecommunications for a fee directly to the
public, or to such classes of users as to be effectively available directly to the public, regardless
of the facilities used "; and
WHEREAS, Private Telecommunications Service as defined in this Ordinance does
not include the provision of "telecommunications service" as defined by federal law, and, thus,
Persons providing Private Telecommunications Services are not entitled to the protections of
Section 253 of the Communications Act; and
WHEREAS, Facility Service as defined in this Ordinance does not include the
provision of "telecommunications service" as defined by federal law, and, thus, Persons
providing Facility Services are not entitled to the protections of Section 253 of the
Communications Act;
NOW, THEREFORE BE IT RESOLVED THAT:
SECTION I
The Code of Ordinances of the City of Tybee Island is hereby amended by creating a
new Chapter 9, Sections 9 -4 -40 through. 9 -4 -43.6, entitled "Telecommunications Services
Franchises and Licenses," and shall hereafter read as follows:
Article 1
DEFINITIONS
Section 1.1 Definitions
For purposes of this Ordinance, the following terms, phrases, words and their
derivations shall have the meanings set forth in this Section, unless the context clearly indicates
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that another meaning is intended. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number include the singular number and
words used in the singular number include the plural number.
1.1.01 "Affiliated Person" means each Person who falls into one or more of the
following categories: (1) each Person having, directly or indirectly, a Controlling Interest in the
applicant; (2) each Person in which the applicant has, directly or indirectly, a Controlling
Interest; (3) each officer, director, joint venturer or joint venture partner, of the applicant; and
(4) each Person, directly or indirectly, controlling, controlled by, or under common Control with,
the applicant; provided that "Affiliated Person" shall in no event mean the City or any creditor of
the applicant solely by virtue of its status as a creditor and which is not otherwise an Affiliated
Person by reason of owning a Controlling Interest in, being owned by, or being under common
ownership, common management or common Control with, the applicant.
1.1.02 "Cable Services" means "cable services" as defined in the Communications Act
of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as
may be further amended from time to time (the "Cable Act "), but does not include
Telecommunications Services or Private Telecommunications Services. In the event that "cable
services" is no longer defined in the Cable Act or the definition in the Cable Act otherwise
becomes inapplicable, "Cable Services" shall mean "cable services" as defined in the Cable Act
immediately prior to such term no longer being defined in the Cable Act or such definition
otherwise becoming inapplicable.
1.1.03 "Cable System" means any "Cable System" as defined in the Cable Act.
1.1.04 "City" means the City of Tybee Island.
1.1.05 "City Council" means the City Council of the City and its designee or any
successor thereto.
1.1.06 "Control" or "Controlling Interest" means the possession, directly or
indirectly, of the power to direct or cause the direction of the management and policies of a
person, including, but not limited to, a person's compliance with a Franchise or Revocable
License, whether through the ownership of voting securities, by contract, or otherwise, and the
beneficial ownership of shares representing 10 percent or more of the votes entitled to be cast by
a corporation's voting shares shall create a rebuttable presumption of control.
1.1.07 "Facility Services" means the installation, construction, operation or
maintenance of conduit or related facilities in the Streets by a Person for sale or lease to third
parties, other than Affiliated Persons, that use such conduit or related facilities for the
transmission of Telecommunication Services, but such Person does not itself provide
Telecommunications Service or Cable Service to such third parties or any locations or other
Persons in the license area.
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1.1.08 "Franchise" means an initial authorization, or renewal thereof, issued by the
City in accordance with the provisions of this Ordinance, which authorizes the occupation and
use of the Streets by a Telecommunications System to provide Telecommunications Services.
1.1.09 "Grantee" means the legal entity to which is granted the right, authority and
responsibility to provide Facility Services along licensed routes pursnAnt to a license, or to
construct, install, operate and maintain a Telecommunications System as necessary to: (a)
furnish, supply and distribute Telecommunications Services to any locations or Persons in the
franchise or license area; (b) provide Private Telecommunications Services along licensed routes
pursnrnt to a license; or (c) transport Telecommunications Services across the City along
licensed routes pursuant to a license without terminating or originating any Telecommunications
Services at or from any Person or location in the City.
1.1.10 "may" is permissive.
1.1.11 "Ordinance" means this Ordinance and all modifications and amendments
thereto.
1.1.12 "Person" means any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for profit or not for profit, but
shall not mean the City.
1.1.13 "Private Telecommunications Services" means the transmission of
Telecommunications by a Person, regardless of the facilities used, for or in connection with the
internal operations of such Person's business, residence or employment and not for or in
connection with the provision or offering of Telecommunications Services for sale or resale to
any Person, and shall not mean Cable Services.
1.1.14 "Revocable License" means an initial authorization or renewal thereof, issued
by the City in accordance with the provisions of this Ordinance, which authorizes the occupation
and use of specifically identified Streets, provided that a Revocable License shall be issued only
in the limited circumstances set forth in Section 2.1.02 of this Ordinance.
1.1.15 "shall" is mandatory, not merely directive.
1.1.16 "Streets" means the surface of, as well as the spaces above and below, any and
all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks,
parkways, public grounds or waters, and other public rights -of -way within or belonging to the
City.
1.1.17. "Telecommunications" means "telecommunications" as defined by 47 U.S.C.
§ 153(43) of the Communications Act of 1934, as amended by the Telecommunications Act of
1996, but shall not include Cable Services.
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1.1.18 "Telecommunications Service" means "telecommunications service" as
defined by 47 U.S.C. § 153(46) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, but shall not include Cable Services. In the event that
telecommunications service" is no longer defined in the Communications Act or the definition
in the Communications Act otherwise becomes inapplicable, "Telecommunications Service"
shall mean "telecommunications service" as defined in the Communications Act immediately
prior to such term no longer being defined in the Communications Act or such definition
otherwise becoming inapplicable.
1.1.19 "Telecommunications System" means the system, plant, equipment or property
within the Streets in the franchise or license area over which Telecommunications Service or
Private Telecommunications Service is provided, and to be constructed, operated and maintained
by a Grantee pursuant to a franchise or license ordinance or agreement.
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Article 2
GRANTING AUTHORITY AND
FRANCHISING PROCEDURE
Section 2.1 Granting Authority
2.1.01 No Person shall use or occupy the Streets to construct, operate or maintain a
Telecommunications System over which Telecommunications Services or Private
Telecommunications Services are provided, or use or occupy the Streets to provide Facility
Services, without a Franchise or Revocable License granted in accordance with the provisions of
this Ordinance. The City intends to exercise its authority to franchise or license Persons pursuant
to this Ordinance to the maximum extent permitted by applicable law, including the 1996 Act.
2.1.02 A Person shall not use or occupy the Streets to operate a Telecommunications
System over which Telecommunications Services or Private Telecommunications Services are
provided without a Franchise, except that such Person may use or occupy specific Streets without
a Franchise if the Person obtains a Revocable License in accordance with the terms of this
Ordinance A Revocable License is intended to be a limited grant of authority to use and occupy
specifically identified Streets and: (a) may be granted only if the use or occupation of such
Streets is for the sole purpose of providing Private Telecommunications Services or Facility
Services; or (b) shall be granted to provide Telecommunications Services only if the use or
occupation of such Streets, together with the use or occupation of any Streets pursuant to
Revocable Licenses previously granted to such Person and Affiliated Persons, shall not exceed
five hundred (500) linear feet; or (c) shall be granted only if the use or occupation of such Streets
is by a Telecommunications System that is not used by the Grantee or any other Person to sell,
resell or otherwise provide Telecommunications Services to any Person in the City. In the event
an application for a Revocable License would cause a Person to exceed or fail to comply with the
limits specified in this Section 2.1.02, then such Person must apply for a Franchise in accordance
with the provisions of this Ordinance, and the use of specifically identified Streets pursuant to all
previously granted Revocable Licenses shall thereafter be pursuant to and in accordance with any
such Franchise that may be granted.
2.1.03 The City Council may grant one or more Franchises or Revocable Licenses in
accordance with this Ordinance, provided that the City Council reserves the right to modify any
provision of this Ordinance by amendment hereof.
2.1.04 The grant of any Franchise or Revocable License shall be made by adoption of
a separate ordinance by the City Council and shall be on such terms and conditions as may be
specified in said separate ordinance and/or a franchise or license agreement between the City and
the Grantee.
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2.1.05 Any Franchise or Revocable License granted shall be nonexclusive. The City
specifically reserves the right to grant, at any time, such additional Franchises or Revocable
Licenses as it deems appropriate, and/or itself engage in the provision of Telecommunications
Services, Private Telecommunications Services or Facility Services.
2.1.06 A Franchise may be granted for all or any defined portion of the City. A
Revocable License may only be granted for use of specifically identified Streets.
2.1.07 The grant of Franchises and Revocable Licenses by the City to Persons
constructing, operating or maintaining a Telecommunications System shall be subject to the
provisions of applicable law, such as the provisions in the 1996 Act, as amended, governing
telecommunications franchises and renewals thereof.
Section 2.2 Franchise Applications
2.2.01 Applications for Franchises and Revocable Licenses shall be submitted in such
form and be issued on such terms and conditions as the City Council may determine, subject to
applicable law.
2.2.02 Any Application for a Franchise or Revocable License shall contain and/or
require the following information with respect to the proposed Franchise or Revocable License:
(i) applicant's name, address, telephone number, and federal employer identification
number or social security number; copy of applicant's corporate charter or partnership agreement
as applicable; and any trade names (and registrations) used by applicant;
(ii) for the purpose of determining who Controls applicant, a detailed statement of the
corporation or business entity organization of the applicant, including the following:
(a) the names and business addresses of all officers and directors of the
applicant;
(b) the names and business addresses of all Persons having Control over the
applicant;
(c) financial information sufficient to demonstrate that the applicant has the
financial ability to construct and maintain the Telecommunications System, or to provide Facility
Services, in a safe manner and in accordance with the City's management policies, rules and
regulations with respect to the Streets and to the extent not prohibited by law; and
(d) for purposes of determining whether the applicant will construct, maintain,
operate, and repair the Telecommunications System, or provide Facility Services, in compliance
with the City's management policies, rules and regulations with respect to the Streets and in a
manner protective of the public health, safety and welfare with respect to the applicant's use of
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the Streets, the names and addresses for telecommunications systems owned or controlled by the
applicant and the areas served by such systems.
(iii) in order to permit the City to manage its Streets, a description of the proposed
plan of construction and maintenance of the Telecommunications System or Facility Services to
be constructed in the Streets, which shall include the following:
(a) a map indicating the location of the System or Facility Services in the
Streets, and an estimated construction schedule, if known; and
(b) a statement describing the proposed and actual location of facilities and
equipment to be used in the Streets by the applicant;
(iv) to the extent not prohibited by law, any other details, statements, supplementary
information, or references reasonably pertinent to the City's management of the Streets or the
compensation to be paid to the City, which shall be required or requested by the Council or by
any other provision of law.
Section 2.2.04 Non - refundable Application Fees for New Franchises and Revocable Licenses
No application for a new Franchise or Revocable License shall be considered without
payment by the applicant of application fees as provided in this Section. If a Franchise or
Revocable License is granted, application fees will not be deemed a credit towards any other fees
or sums due by the Grantee. If an application is denied, the application fee will not be refunded,
except if required by law.
(a) Purpose of Application Fees. The application fees provided by this section
will serve to cover the direct and indirect costs incurred by the City in processing the application,
evaluating the applicant, and granting a franchise, and shall include, but not be limited to,
administrative, engineering, publication, legal, and consultant's expenses.
(b) Application Fee. The applicant will be expected to pay the reasonable
costs of the City in evaluating the application. Notwithstanding any other requirement of this
ordinance, each applicant for a Franchise must furnish with its proposal a nonrefundable
application fee in the amount of Dollars ($ ) by certified check or
cashier's check made payable to the City of ( ), and each applicant for a Revocable
License must furnish with its proposal a nonrefundable application fee in the amount of
Dollars ($ ) by certified check or cashier's check made payable to the City
of ( ). In the event the City's reasonable costs exceed such amount, the applicant may
be required by the City to pay any additional amount to cover such costs. In the event the City's
reasonable costs are less than the application amount, the City shall reimburse to the applicant
the amount in excess of the City's actual cost if required by applicable law.
Section 2.3 Responsibilities of Applicants
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It shall be the responsibility of each applicant for a Franchise or Revocable License to
comply with all applicable laws, ordinances, resolutions, rules, regulations and other directives of
the City and any federal, state or local governmental authority having jurisdiction.
Section 2.4 Public Availability of Applications
To the extent determined by the City Council, applications for Franchises or
Revocable Licenses, including any additions, modifications or amendments thereto, shall be
available for public inspection at a designated City office during normal business hours.
Section 2.5 Evaluation Criteria
An applicant shall be granted a Franchise or Revocable License to construct, operate
or maintain a Telecommunications System over which Telecommunications Services are
provided, provided the City Council reasonably determines that the applicant has agreed to or
meets the following factors:
(i) the adequacy of the proposed compensation to be paid to the City;
(ii) demonstration of adequate financial and technical ability to construct and
maintain a Telecommunications System in the Streets, which such demonstration may
be made by an adequate bond, security fund, and/or such other demonstration that is
reasonably acceptable to the City, and a certificate of public convenience or other
authorization from the State or Federal Communications Commission permitting the
applicant to provide Telecommunications Services in the City;
(iii) the ability of the applicant to maintain the property of the City in good
condition throughout the term of the Franchise;
(iv) the willingness and the ability of the applicant to meet construction
requirements and to abide by all conditions, limitations and requirements with respect to
the Franchise (including any terms or conditions imposed pursuant to Section 2.7 of this
Ordinance), any public, health, safety and welfare requirements reasonably related to the
applicant's use of the Streets, and the City's management of Streets; and
(v) to the extent not prohibited by law, any other factors or considerations
reasonably deemed pertinent by the City for managing the Streets and safeguarding the
interests of the City and the public in the Streets, and for ensuring the City receives fair
and reasonable compensation for use of the Streets.
In making any determination hereunder as to any application for a Revocable License to provide
Private Telecommunications Services or Facility Services and in accordance with applicable law,
other than Section 253 of the Communications Act which is not applicable to Persons providing
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only Private Telecommunications Services or Facility Services, the City Council may consider
such factors as it deems appropriate and in the public interest, including, without limitation, the
foregoing factors to the extent applicable.
Section 2.6 Procedure for Consideration of and Action on Applications
2.6.01 The City may make such investigations and take or authorize the taking of such
other steps as the City Council deems necessary or appropriate to consider and act on
applications for Franchises or Revocable Licenses. In considering applications, the City Council
may seek advice from other city officials or bodies, from such other advisory bodies as it may
establish or determine appropriate, or from the public, and may request the preparation of one or
more reports to be submitted to the City Council, which may include recommendations with
respect to such applications.
2.6.02 After considering such information provided pursuant to this Ordinance as it
determines to be appropriate, the City Council shall set one or more public hearings for
consideration of the application(s), fixing and setting forth a day, hour and place certain at which
such application(s) shall be heard, and providing notice of such public hearing in accordance
with applicable law.
2.6.03 The City Council may authorize negotiations between City officials and
applicants on the terms of the proposed Franchise or Revocable License.
2.6.04 The City Council shall consider the application for a Franchise or Revocable
License to provide Telecommunications Services in accordance with this Ordinance and
applicable law, including 47 U.S.C. § 253, and shall grant the Franchise or Revocable License,
provided that the applicant has agreed to the terms on which the Franchise or Revocable License
is to be granted and meets the evaluation criteria set forth in Section 2.5 of this Ordinance. The
City also reserves the right to waive any or all requirements in order to grant a Franchise or
Revocable License to an applicant when it determines that the best interests of the City may be
served thereby or that such waiver is required by applicable law.
2.6.05 Upon completion of the steps deemed appropriate by the City Council, the City
Council may grant the Revocable License to provide Private Telecommunications Services or
Facility Services, and may specify the conditions under which the Revocable License is granted.
Alternatively, the City may reject any and all applications for a Revocable License to provide
Private Telecommunications Services or Facility Services. The City also reserves the right to
waive any or all requirements when it determines that the best interests of the City may be served
thereby.
Section 2.7 Terms and Conditions of Franchise and Revocable License
2.7.01 The terms and conditions applicable to any Franchise or Revocable License
granted pursuant to this Ordinance shall be set forth in the separate ordinance granting the
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Franchise or-Revoeable License or in a separate written agreement. Such separate ordinance or
written agreement, among other things, may address the following subjects, to the extent -not
prohibited by law:
(i) the term of the Franchise or Revocable License, provided, however, that the
initial tem of the Revocable License shall not exceed five years and shall not be
renewed for terms exceeding five years;
(ii) the franchise area authorized by the Franchise, or the Streets that may be
used pursuant to the Revocable License;
(iii) the compensation to be paid to the City;
(iv) the circumstances upon which the Franchise or Revocable License may be
terminated or cancelled;
(v) the mechanisms, such as performance bonds, security funds or letters of
credit, to be put in place to ensure the performance of the Grantee's obligations under
the Franchise or Revocable License;
(vi) for the limited purpose of ensuring that the Grantee is complying with the
terms of the Franchise or Revocable License, including, but not limited to, any
compensation or Street management provisions, the City's right to inspect the facilities
and records of the Grantee;
( vii) insurance and indemnification requirements applicable to the Grantee;
(viii) the obligation of the Grantee to maintain complete and accurate books of
account and records with respect to its obligations under the Franchise or Revocable
License, including, but not limited to, any compensation or Street management
provisions, and the City's inspection rights with respect thereto;
(ix) provisions to ensure quality workmanship and construction methods in the
Streets;
(x) provisions to ensure that the Grantee will comply with all applicable City,
state and federal laws, regulations, rules and policies;
(xi) provisions to ensure adequate oversight by the City of the Grantee's use of
Streets and compliance with the Franchise or Revocable License;
()di) provisions relating to an assignment or other transfer of the Franchise or
Revocable License or the Telecommunications System that results in a change in
Control;
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(xiii) remedies available to the City to protect the City's interest in the event of
the Grantee's failure to comply with terms and conditions of the Franchise or
Revocable License;
(xiv) provisions to ensure that the Grantee will obtain all licenses and permits
necessary to provide Telecommunications Services by use of the City's Streets from
any governmental body having jurisdiction over the Grantee, including, but not limited
to, the Federal Communications Commission;
(xv) provisions to ensure that the Grantee will protect the property of the City
from damage or interruption of City operations resulting from the construction,
operation, maintenance, repair or removal of improvements of the Telecommunications
System, or from the provision of Facility Services;
(xvi) provisions designed to minimize the extent to which the public use of the
Streets of the City are disrupted in connection with the construction of improvements
relating to the Telecommunications System, or the provision of Facility Services; and
(xvii) such other provisions as the City reasonably determines are necessary or
appropriate to permit the City to manage its Streets or ensure compliance with the
Franchise or Revocable License, to the extent not prohibited by law.
2.7.01 The City Manager shall make available to an applicant a model Franchise or
Revocable License, as applicable, containing the terms and conditions the City seeks to impose
pursuant to Section 2.7.01. The City Manager shall have the right to modify from time to time
such model Franchise or Revocable License, so long as such modifications are consistent with
this Ordinance and applicable law.
Section 2.8 Revocation of Revocable License
The Revocable License shall be revocable at any time by the City for cause or, if the
Revocable License is for the provision of Private Telecommunications Services or Facility
Services, for the City's convenience. The Revocable License, together with all Revocable
Licenses granted to the applicant or Affiliated Persons, shall not authorize the occupation and use
of more than five hundred (500) linear feet of specifically identified Streets, unless the use or
occupation of the Streets does not involve the offering or provision of Telecommunications
Services by the Grantee, any Affiliated Persons or any other Persons to or from any Person or
location in the City, or unless the use or occupation of the Streets is for the provision of Facility
Services.
Article 3
GENERAL PROVISIONS
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Section 3.1 Severability
If any section, subsection, sentence, clause, phrase or other portion of this Ordinance
is, for any reason, declared invalid, in whole or in part, by any court, agency, commission,
legislative body or other authority of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent portion. Such declaration shall not affect the validity of the
remaining portions hereof, which other portions shall continue in full force and effect.
Section 3.2 Delegation
Consistent with applicable law, the City Council shall have the right to delegate and
redelegate, and to revoke any such delegation or redelegation, from time to time, any of its rights
or obligations under this Ordinance to any body, organization or official. Any such delegation,
redelegation or revocation, no matter how often made, shall not be deemed an amendment to this
Ordinance or to require the consent of any applicant for a Franchise or Revocable License or
Grantee. The City Council may also establish and appoint one or more advisory boards, with
such duration and such number of members as the City Council shall determine, to advise it on
such of the matters which are the subject of this Ordinance.
Section 3.3 Application to Existing Telecommunications Systems and Providers of
Telecommunications Services and Private Telecommunications Services.
This Ordinance shall not be retroactively applied to franchises for the operation of
Telecommunications Systems used to provide Telecommunications Services existing on the
effective date of this Ordinance, but shall apply to any renewal or extension of such franchises.
Section 3.4 Applicability of Other Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
Section 3.5 Effective Date.
This Ordinance shall become effective upon approval at second reading.
Section 3.6 Codification
It is the intention of the governing body, and it is hereby ordained, that the provisions
of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia and the sections of this ordinance may be renumbered to accomplish such
intention.
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PASSED AND APPROVED this day of , 200_.
MAYOR, City of Tybee Island
Attest:
City Clerk
Approved as to Legal Form:
Attorney, City of Tybee Island
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ORDINANCE NUMBER
To become Section 9-4-44 through 9-4 -47.6
AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF TYBEE ISLAND
TO PROVIDE FOR THE GRANTING
OF ONE OR MORE NONEXCLUSIVE FRANCHISES
FOR CABLE SERVICES WITHIN
THE MUNICIPAL BOUNDARIES OF THE
CITY OF TYBEE ISLAND AND TO PROVIDE FOR THE
PROCESS UNDER WHICH SAID GRANTING OF
FRANCHISES SHALL TAKE PLACE
It is hereby ordained by the Governing Authority of the City of Tybee Island that:
WHEREAS, the Mayor and City Council have determined that it is in the best interests
of and consistent with the convenience and necessity of the City to grant Franchises (as
hereinafter defined) to companies desiring to provide Cable Services (as hereinafter defined)
through a Cable System (as hereinafter defined) or Open Video System (as hereinafter defined)
within the territorial boundaries of the City and on the terms and conditions herein, and as may
be further described in each franchise agreement for Cable Services;
WHEREAS, the City has the authority to regulate the occupation and use of the Streets
(as hereinafter defined) to the maximum extent permitted under applicable law, including, but
not limited to, the federal Telecommunications Act of 1996 ( "1996 Act "); and
WHEREAS, in an effort to comply with applicable law, including the 1996 Act, the
City has determined that a Person (as hereinafter defined) must obtain separate Franchises to
provide Cable Services and Telecommunications Services; and
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WHEREAS, the 1996 Act permits the provision of Cable Service over an Open Video
System, subject to the City's right to franchise such Open Video System;
WHEREAS, the City has determined that the grant of franchises fo use and occupy the
Streets for the provision of Cable Services would promote the health, safety and welfare of the
public, stimulate commerce and otherwise serve the public interest; and
WHEREAS, the City desires to structure and implement a fair and orderly process for
the grant of franchises (and renewals of such franchises) to occupy and use the Streets to provide
Cable Services in the City, including the negotiation of franchise provisions to protect the public
interest; and
WHEREAS, the City intends to exercise, to the fullest extent permitted by applicable
law, its authority with respect to the regulation of the occupation and use of the Streets in
connection with the provision of Cable Services,
NOW, THEREFORE BE IT RESOLVED THAT:
SECTION I
The Code of Ordinances of the City of Tybee ISland is hereby amended by creating a
new Chapter 9, Sections 9 -4-44 through 9 -4 -47.6, entitled "Cable Services Franchising," and
shall hereafter read as follows:
Article 1
DEFINITIONS
Section 1.1 Definitions
For purposes of this Ordinance, the following terms, phrases, words and their
derivations shall have the meanings set forth in this Section, unless the context clearly indicates
that another meaning is intended. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number include the singular number and
words used in the singular number include the plural number.
1.1.01 "Cable Services" means "cable services" as defined in the Communications Act
of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as
may be farther amended from time to time (the "Cable Act "), but does not include
Telecommunications Services. In the event that "cable services" is no longer defined in the
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Cable Act or the definition in the Cable Act otherwise becomes inapplicable, "Cable Services"
shall mean "cable services" as defined in the Cable Act immediately prior to such term no longer
being defined in the Cable Act or such definition otherwise becoming inapplicable.
1.1.02 "Cable System" means any "Cable System" as defined in the Cable Act. •
1.1.03 "City" means the City of Tybee Island.
1.1.04 "City Council" means the City Council of the City and its designee or any
successor thereto.
1.1.05 "Franchise" means an initial authorization, or renewal thereof, issued by the
City, whether such authorization is designated as a franchise, permit, license, resolution, contract,
certificate, agreement or otherwise, which authorizes the occupation and use of the Streets to
provide Cable Services through a Cable System or Open Video System.
1.1.06 "Grantee" means the legal entity to which is granted the right, authority and
responsibility to construct, install, operate and maintain a system of equipment as necessary to
furnish, supply and distribute Cable Services to inhabitants within the franchise area.
1.1.07 "may" is permissive.
1.1.08 "Open Video System" means "open video system" as defined by section
76.1500(a) of Part 76 of the Code of Federal Regulations.
1.1.09 "Ordinance" means this Ordinance and all modifications and amendments
thereto.
1.1.10 "Person" means any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for profit or not for profit, but
shall not mean the City.
1.1.11 "shall" is mandatory, not merely directive.
1.1.12 "Streets" means the surface of, as well as the spaces above and below, any and
all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks,
parkways, public grounds or waters, and other public rights -of -way within or belonging to the
City.
1.1.13 "Telecommunications Services" means "telecommunications service" as
defined by 47 U.S.C. § 153(46) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, but does not include Cable Services. In the event that
"telecommunications service" is no longer defined in the Communications Act or the definition
in the Communications Act otherwise becomes inapplicable, "Telecommunications Service"
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shall mean "telecommunications service" as defined in the Communications Act immediately
prior to such term no longer being defined in the Communications Act or such definition
otherwise becoming inapplicable..
Article 2
GRANTING AUTHORITY AND
FRANCHISING PROCEDURE
Section 2.1 Granting Authority
2.1.01 No Person shall use or occupy the Streets to provide any Cable Services or
operate a Cable System or Open Video System without a Franchise granted in accordance with
the provisions of this Ordinance.
2.1.02 The City Council may grant one or more Franchises in accordance with this
Ordinance, provided that the City Council reserves the right to modify any provision of this
Ordinance by amendment hereof.
2.1.03 The grant of any Franchise shall be made by adoption of a separate ordinance
by the City Council and shall be on such terms and conditions as may be specified in said
separate ordinance and/or a franchise agreement between the City and the Grantee.
2.1.04 Any Franchise granted shall be nonexclusive. The City specifically reserves
the right to grant, at any time, such additional Franchises as it deems appropriate and/or itself
engage in the provision of Cable Services.
2.1.05 A Franchise may be granted for all or any defined portion of the City.
2.1.06 The grant of Franchises by the City shall be subject to the provisions of
applicable law, such as the provisions in the Cable Act, as amended, governing cable television
system and open video system franchises and the renewals of cable television system franchises.
Section 2.2 Franchise Applications
2.2.01 Applications for Franchises shall be submitted in such form and be issued on
such terms and conditions as the City Council may determine, subject to applicable law.
2.2.02 Any Application for a Franchise shall contain and/or require the following
information with respect to the proposed Franchise and such other information as the City
Council shall deem necessary or appropriate:
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(i) applicant's name, address, telephone number, and federal employer identification
number or social security number; copy of applicant's corporate charter or partnership agreement
as applicable; and any trade names (and registrations) used by applicant;
(ii) a detailed statement of the corporation or business entity orgasiization of the
applicant, including but not limited to the following, and to whatever extent required by the City:
(a) the names and the residence and business addresses of all officers and
directors of the applicant;
(b) the names, residence, and business addresses of all persons and entities
having any share of the ownership of the applicant and the respective ownership share of each
person or entity;
(c) the names and address of any parent or subsidiary of the applicant, namely,
any other business entity owning or controlling applicant in whole or in part or owned or
controlled in whole or in part by the applicant, and a statement describing the nature of any such
parent or subsidiary business entity, including but not limited to cable systems and open video
systems owned or controlled by the applicant, its parent, and subsidiary, and the areas served
thereby;
(d) a detailed and complete financial statement of the applicant, certified by an
independent certified public accountant, for the fiscal year immediately preceding the date of the
application hereunder, or a letter or other acceptable evidence in writing from a recognized
lending institution or funding source, addressed to both the applicant and the Council, setting
forth the basis for a study performed by such lending institution or funding source, and a clear
statement of its intent as a lending institution or funding source to provide whatever capital shall
be required by the applicant to construct and operate the proposed cable system or open video
system in the City, or a statement from an independent certified public accountant certifying that
the applicant has available sufficient free, net, and uncommitted cash resources to construct and
operate the proposed cable system or open video system in the City;
(e) a detailed financial plan (pro forma) describing for each year of the
franchise, projected number of subscribers, rates, all revenues, operating expenses, capital
expenditures, depreciation schedules, income statements, and a sources and uses of funds
statement; and
(f) a statement identifying, by place and date, any other cable television
franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with
respect to completion thereof; the total cost of completion of such franchised cable system(s) and
open video system(s); and the amount of applicant's and its parent's or subsidiary's resources
committed to the completion thereof;
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(iii) a detailed description of the proposed plan of operation of the applicant which
shall include, but not be limited to, the following:
(a) a description of the Cable Services proposed to be provided;
(b) a detailed map indicating all areas proposed to be served, and a proposed
time schedule for the installation of all equipment necessary to become operational throughout
the entire area to be serviced;
(c) a statement or schedule setting forth all proposed classifications or rates
and charges to be made against subscribers and all rates and charges as to each of said
classifications, including installation charges, cable service charges, and any other service
charges;
(d) a detailed, informative, and referenced statement describing the actual
equipment and operational standards proposed by the applicant;
(e) a copy of the form of any agreement, undertaking, or other instrument
proposed to be entered into between the applicant and any subscriber to Cable Services; and
(f) a detailed statement setting forth . in its entirety any and all agreements and
undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist
between the applicant and any person, firm, or corporation which materially relate or pertain to or
depend upon the application and the granting of the franchise;
(iv) a copy of any agreement covering the franchise area, if existing between the
applicant and any utility providing for the use of any facilities of the utility, including but not
limited to, poles, lines, or conduits; and
(v) any other details, statements, supplementary information, or references pertinent
to the subject matter of such application which shall be required or requested by the Council, or
by any other provision of law.
Section 2.2.03 Non - refundable Application Fees for
New Franchises
No application for a new franchise shall be considered without payment by the
applicant of application fees as provided in this Section. If a franchise is granted, application
fees will not be deemed a credit towards any other fees or sums due by the Grantee. If an
application is denied, the application fee will not be refunded.
(a) Purpose of Application Fees. The application fees provided by this section
will serve to cover the direct and indirect costs incurred by the City in processing the application,
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evaluating the applicant, and granting a franchise, and shall include, but not be limited to,
administrative, engineering, publication, legal, and consultant's expenses.
(b) Application Fee. The applicant will be expected to pay the reasonable
costs of the City in evaluating the application. Notwithstanding any other requirement of this
ordinance, each applicant must furnish with its proposal a non - refundable application fee in the
amount of Dollars ($ ) by certified check or cashier's check made payable
to the City of ( ). In the event that the City's reasonable costs exceed such amount,
the applicant may be required by the City to pay any additional amount to cover such costs.
Section 2.3 Responsibilities of Applicants
It shall be the responsibility of each applicant for a Franchise to comply with all
applicable laws, ordinances, resolutions, rules, regulations and other directives of the City and
any federal, state or local governmental authority having jurisdiction.
Section 2.4 Public Availability of Applications
To the extent determined by the City Council, applications for Franchises, including
any additions, modifications or amendments thereto, shall be available for public inspection at a
designated City office during normal business hours.
Section 2.5 Evaluation Criteria
In making any determination hereunder as to any application for a Franchise, the City
Council may consider such factors as it deems appropriate and in the public interest, including,
without limitation:
(i) the adequacy of the proposed compensation to be paid to the City,
including the value of any facilities and Cable Services offered by the applicant to the
City;
(ii) the legal, financial, technical and other appropriate qualifications of the
applicant;
(iii) the ability of the applicant to maintain the property of the City in good
condition throughout the term of the Franchise;
(iv) the value and efficiency to the City and its residents of the Cable Services
to be provided, including the type of Cable Services to be provided, as well as
alternatives to those Services and services that may be precluded by the grant of the
Franchise;
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(v) the willingness and ability of the applicant to meet construction and
physical requirements and to abide by all purpose and policy conditions, limitations
and requirements with respect to the Franchise; and
(vi) any other public interest factors or considerations deemed pertinent by the
City for safeguarding the interests of the City and the public.
Section 2.6 Procedure for Consideration of and Action on Applications
2.6.01 The City may make such investigations and take or authorize the taking of such
other steps as the City Council deems necessary or appropriate to consider and act on
applications for Franchises and determine whether a Franchise should be granted to an applicant,
and may require the applicant to furnish additional information and data for this purpose. In
considering applications, the City Council may seek advice from other city officials or bodies,
from such other advisory bodies as it may establish or determine appropriate, or from the public,
and may request the preparation of one or more reports to be submitted to the City Council,
which may include recommendations with respect to such applications.
2.6.02 If the City Council, after considering such information as it determines to be
appropriate, elects to further consider any application(s), the City Council shall set one or more
public hearings for consideration of the application(s), fixing and setting forth a day, hour and
place certain when and where any Persons having any interest therein or objections thereto may
file written comments and appear before the City Council and be heard, and providing notice of
such public hearing(s) in accordance with applicable law.
2.6.03 The City Council may authorize negotiations between City officials and
applicants to determine whether the City and such applicants are able to reach agreement on the
terms of the proposed Franchise.
2.6.04 Upon completion of the steps deemed appropriate by the City Council, the City
Council may grant the Franchise, and may specify the conditions under which the Franchise is
granted. Alternatively, the City may reject any and all applications from whatever source and
whenever received except that a franchising authority may not grant an exclusive franchise and
may not unreasonably refuse to award an additional competitive franchise. The City also
reserves the right to waive any or all requirements when it determines that the best interests of
the City may be served thereby and may, if it so desires, request new or additional proposals.
Section 2.7 Terms and Conditions of Franchise
2.7.01 The terms and conditions applicable to any Franchise granted pursuant to this
Ordinance shall be set forth in the separate ordinance granting the Franchise or in a separate
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written agreement. Such separate ordinance or written agreement, among other things, shall
address the following subjects:
(i) the term of the Franchise;
(ii) the Franchise area and the Cable Services which are the subject of the
Franchise;
(iii) the compensation to be paid to the City, which may include the payment of
fees or the provision of facilities or services, or both;
(iv) the circumstances upon which the Franchise may be terminated or
cancelled;
(v) the mechanisms, such as performance bonds, security funds or letters of
credit, to be put in place to ensure the performance of the Grantee's obligations under
the Franchise;
(vi) the City's right to inspect the facilities and records of the Grantee;
(vii) insurance and indemnification requirements applicable to the Grantee;
(viii) the obligation of the Grantee to maintain complete and accurate books of
account and records, and the City's inspection rights with respect thereto;
(ix) provisions to ensure quality workmanship and construction methods;
(x) provisions to ensure that the Grantee will comply with all applicable City,
state and federal laws, regulations, rules and policies, including, without limitation,
those related to employment, purchasing and investigations;
(xi) provisions to ensure adequate oversight and regulation of the Grantee by
the City;
(xii) provisions to restrict the assignment or other transfer of the Franchise
without the prior written consent of the City;
(xiii) remedies available to the City to protect the City's interest in the event of
the Grantee's failure to comply with terms and conditions of the Franchise;
(xiv) provisions to ensure that the Grantee will obtain all necessary licenses
and permits from, and comply with, all laws, regulations, rules and policies of any
governmental body having jurisdiction over the Grantee, including, but not limited to,
the Federal Communications Commission;
(xv) provisions to ensure that the Grantee will protect the property of the City
and the delivery of public services from damage or interruption of operations resulting
from the construction, operation, maintenance, repair or removal of improvements
related to the Franchise;
(xvi) provisions designed to minimize the extent to which the public use of the
Streets of the City are disrupted in connection with the construction of improvements
relating to the Franchise; and
(xvii) such other provisions as the City determines are necessary or appropriate
in furtherance of the public interest.
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Article 3
GENERAL PROVISIONS
Section 3.1 Severability
•
If any section, subsection, sentence, clause, phrase or other portion of this Ordinance
is, for any reason, declared invalid, in whole or in part, by any court, agency, commission,
legislative body or other authority of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent portion. Such declaration shall not affect the validity of the
remaining portions hereof, which other portions shall continue in full force and effect.
Section 3.2 Delegation
Consistent with applicable law, the City Council shall have the right to delegate and
redelegate, and to revoke any such delegation or redelegation, from time to time, any of its rights
or obligations under this Ordinance to any body, organization or official. Any such delegation,
redelegation or revocation, no matter how often made, shall not be deemed an amendment to this
Ordinance or to require the consent of any applicant for a Franchise or Grantee. The City
Council may also establish and appoint one or more advisory boards, with such duration and
such number of members as the City Council shall determine, to advise it on such of the matters
which are the subject of this Ordinance
Section 3.3 Retroactivity
This Ordinance shall not be retroactively applied to franchises for Cable Services
existing on the effective date of this Ordinance, but shall apply to any renewal or extension of
such Franchises.
Section 3.4 Applicability of Other Ordinances
All ordinances or parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
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Section 3.5 Effective Date
This Ordinance shall become effective upon approval at second reading.
Section 3.6 Codification •
It is the intention of the governing body, and it is hereby ordained, that the provisions
of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia and sections of this ordinance may be renumbered to accomplish such intention.
PASSED AND APPROVED this day of , 200,
MAYOR, City of Tybee Island
Attest:
City Clerk
Approved as to Legal Form:
Attorney, City of Tybee Island
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@@ITEM 9-4-44 CABLE SYSTEM AND OPEN VIDEO SYSTEM ENABLING ORDINANCE
@ @ITEM 9-4-45 Definitions
For purposes of this Ordinance, the following terms, phrases, words and their derivations
shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning
is intended. When not inconsistent with the context, words used in the present tense include the future,
words used in the plural number include the singular number and words used in the singular number
include the plural number.
1.1.01 "Cable Services" means "cable services" as defmed in the Communications Act of
1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer
Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as may be further
amended from time to time (the "Cable Act "), but does not include Telecommunications Services. In the
event that "cable services" is no longer defmed in the Cable Act or the definition in the Cable Act
otherwise becomes inapplicable, "Cable Services" shall mean "cable services" as defmed in the Cable
Act immediately prior to such term no longer being defmed in the Cable Act or such definition otherwise
becoming inapplicable.
1.1.02 "Cable System" means any "Cable System" as defined in the Cable Act.
1.1.03 "City" means the City of Tybee Island.
1.1.04 "City Council" means the City Council of the City and its designee or any successor
thereto.
1.1.05 "Franchise" means an initial authorization, or renewal thereof, issued by the City,
whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate,
agreement or otherwise, which authorizes the occupation and use of the Streets to provide Cable Services
through a Cable System or Open Video System.
1.1.06 "Grantee" means the legal entity to which is granted the right, authority and
responsibility to construct, install, operate and maintain a system of equipment as necessary to furnish,
supply and distribute Cable Services to inhabitants within the franchise area.
1.1.07 "may" is permissive.
1.1.08 "Open Video System" means "open video system" as defmed by section 76.1500(a) of
Part 76 of the Code of Federal Regulations.
1.1.09 "Ordinance" means this Ordinance and all modifications and amendments thereto.
1.1.10 "Person" means any individual or any association, firm, partnership, joint venture,
corporation or other legally recognized entity, whether for profit or not for profit, but shall not mean the
City.
1.1.11 "shall" is mandatory, not merely directive.
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1.1.12 "Streets" means the surface of, as well as the spaces above and below, any and all
streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks, parkways, public
grounds or waters, and other public rights -of -way within or belonging to the City.
1.1.13 "Telecommunications Services" means "telecommunications service" as defmed by 47
U.S.C. § 153(46) of the Communications Act of 1934, as amended by the Telecommunications Act of
1996, but does not include Cable Services. In the event that "telecommunications service" is no longer
defined in the Communications Act or the definition in the Communications Act otherwise becomes
inapplicable, "Telecommunications Service" shall mean "telecommunications service" as defined in the
Communications Act immediately prior to such term no longer being defmed in the Communications Act
or such defmition otherwise becoming inapplicable.. (ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9-4-46 Granting Authority
2.1.01 No Person shall use or occupy the Streets to provide any Cable Services or operate a
Cable System or Open Video System without a Franchise granted in accordance with the provisions of
this Ordinance.
2.1.02 The City Council may grant one or more Franchises in accordance with this
Ordinance, provided that the City Council reserves the right to modify any provision of this Ordinance by
amendment hereof.
2.1.03 The grant of any Franchise shall be made by adoption of a separate ordinance by the
City Council and shall be on such terms and conditions as may be specified in said separate ordinance
and/or a franchise agreement between the City and the Grantee.
2.1.04 Any Franchise granted shall be nonexclusive. The City specifically reserves the right
to grant, at any time, such additional Franchises as it deems appropriate and/or itself engage in the
provision of Cable Services.
2.1.05 A Franchise may be granted for all or any defmed portion of the City.
2.1.06 The grant of Franchises by the City shall be subject to the provisions of applicable
law, such as the provisions in the Cable Act, as amended, governing cable television system and open
video system franchises and the renewals of cable television system franchises. (ORD. 2001 -23;
10 /11 /01)
@@ITEM 9-4-47 Franchise Applications
2.2.01 Applications for Franchises shall be submitted in such form and be issued on such
terms and conditions as the City Council may determine, subject to applicable law.
2.2.02 Any Application for a Franchise shall contain and/or require the following
information with respect to the proposed Franchise and such other information as the City Council shall
deem necessary or appropriate:
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(i) applicant's name, address, telephone number, and federal employer identification number
or social security number; copy of applicant's corporate charter or partnership agreement as applicable;
and any trade names (and registrations) used by applicant;
(ii) a detailed statement of the corporation or business entity organization of the applicant,
including but not limited to the following, and to whatever extent required by the City:
(a) the names and the residence and business addresses of all officers and directors of
the applicant;
(b) the names, residence, and business addresses of all persons and entities having
any share of the ownership of the applicant and the respective ownership share of each person or entity;
(c) the names and address of any parent or subsidiary of the applicant, namely, any
other business entity owning or controlling applicant in whole or in part or owned or controlled in whole
or in part by the applicant, and a statement describing the nature of any such parent or subsidiary
business entity, including but not limited to cable systems and open video systems owned or controlled
by the applicant, its parent, and subsidiary, and the areas served thereby;
(d) a detailed and complete financial statement of the applicant, certified by an
independent certified public accountant, for the fiscal year immediately preceding the date of the
application hereunder, or a letter or other acceptable evidence in writing from a recognized lending
institution or funding source, addressed to both the applicant and the Council, setting forth the basis for a
study performed by such lending institution or funding source, and a clear statement of its intent as a
lending institution or funding source to provide whatever capital shall be required by the applicant to
construct and operate the proposed cable system or open video system in the City, or a statement from an
independent certified public accountant certifying that the applicant has available sufficient free, net, and
uncommitted cash resources to construct and operate the proposed cable system or open video system in
the City;
(e) a detailed fmancial plan (pro forma) describing for each year of the franchise,
projected number of subscribers, rates, all revenues, operating expenses, capital expenditures,
depreciation schedules, income statements, and a sources and uses of funds statement; and
(f) a statement identifying, by place and date, any other cable television franchise(s)
awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to
completion thereof; the total cost of completion of such franchised cable system(s) and open video
system(s); and the amount of applicant's and its parent's or subsidiary's resources committed to the
completion thereof;
(iii) a detailed description of the proposed plan of operation of the applicant which shall
include, but not be limited to, the following:
(a) a description of the Cable Services proposed to be provided;
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(b) a detailed map indicating all areas proposed to be served, and a proposed time
schedule for the installation of all equipment necessary to become operational throughout the entire area
to be serviced;
(c) a statement or schedule setting forth all proposed classifications or rates and
charges to be made against subscribers and all rates and charges as to each of said classifications,
including installation charges, cable service charges, and any other service charges;
(d) a detailed, informative, and referenced statement describing the actual equipment
and operational standards proposed by the applicant;
(e) a copy of the form of any agreement, undertaking, or other instrument proposed
to be entered into between the applicant and any subscriber to Cable Services; and
(f) a detailed statement setting forth in its entirety any and all agreements and
undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between
the applicant and any person, firm, or corporation which materially relate or pertain to or depend upon
the application and the granting of the franchise;
(iv) a copy of any agreement covering the franchise area, if existing between the applicant
and any utility providing for the use of any facilities of the utility, including but not limited to, poles,
lines, or conduits; and
(v) any other details, statements, supplementary information, or references pertinent to
the subject matter of such application which shall be required or requested by the
Council, or by any other provision of law.(ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9- 4-47.1 Non - refundable Application Fees for New Franchises
No application for a new franchise shall be considered without payment by the applicant of
application fees as provided in this Section. If a franchise is granted, application fees will not be deemed
a credit towards any other fees or sums due by the Grantee. If an application is denied, the application
fee will not be refunded.
(a) Purpose of Application Fees. The application fees provided by this section will
serve to cover the direct and indirect costs incurred by the City in processing the application, evaluating
the applicant, and granting a franchise, and shall include, but not be limited to, administrative,
engineering, publication, legal, and consultant's expenses.
(b) Application Fee. The applicant will be expected to pay the reasonable costs of
the City in evaluating the application. Notwithstanding any other requirement of this ordinance, each
applicant must furnish with its proposal a non - refundable application fee in the amount of Two Hundred
and Fifty Dollars ($250.00) by certified check or cashier's check made payable to the City of Tybee
Island. In the event that the City's reasonable costs exceed such amount, the applicant may be required
by the City to pay any additional amount to cover such costs. (ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9- 4-47.2 Responsibilities of Applicants
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It shall be the responsibility of each applicant for a Franchise to comply with all applicable
laws, ordinances, resolutions, rules, regulations and other directives of the City and any federal, state or
local governmental authority having jurisdiction. (ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9-4 -47.3 Public Availability of Applications
To the extent determined by the City Council, applications for Franchises, including any
additions, modifications or amendments thereto, shall be available for public inspection at a designated
City office during normal business hours. (ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9- 4-47.4 Evaluation Criteria
In making any determination hereunder as to any application for a Franchise, the City Council
may consider such factors as it deems appropriate and in the public interest, including, without
limitation:
(i) the adequacy of the proposed compensation to be paid to the City, including the
value of any facilities and Cable Services offered by the applicant to the City;
(ii) the legal, financial, technical and other appropriate qualifications of the
applicant;
(iii) the ability of the applicant to maintain the property of the City in good condition
throughout the term of the Franchise;
(iv) the value and efficiency to the City and its residents of the Cable Services to be
provided, including the type of Cable Services to be provided, as well as alternatives to those
Services and services that may be precluded by the grant of the Franchise;
(v) the willingness and ability of the applicant to meet construction and physical
requirements and to abide by all purpose and policy conditions, limitations and requirements
with respect to the Franchise; and
(vi) any other public interest factors or considerations deemed pertinent by the City
for safeguarding the interests of the City and the public. (ORD. 2001 -23; 10 /11 /01)
@@ITEM 9-4 -47.5 Procedure for Consideration of and Action on Applications
2.6.01 The City may make such investigations and take or authorize the taking of such other
steps as the City Council deems necessary or appropriate to consider and act on applications for
Franchises and determine whether a Franchise should be granted to an applicant, and may require the
applicant to furnish additional information and data for this purpose. In considering applications, the
City Council may seek advice from other city officials or bodies, from such other advisory bodies as it
may establish or determine appropriate, or from the public, and may request the preparation of one or
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more reports to be submitted to the City Council, which may include recommendations with respect to
such applications.
2.6.02 If the City Council, after considering such information as it determines to be
appropriate, elects to further consider any application(s), the City Council shall set one or more public
hearings for consideration of the application(s), fixing and setting forth a day, hour and place certain
when and where any Persons having any interest therein or objections thereto may file written comments
and appear before the City Council and be heard, and providing notice of such public hearing(s) in
accordance with applicable law.
2.6.03 The City Council may authorize negotiations between City officials and applicants to
determine whether the City and such applicants are able to reach agreement on the terms of the proposed
Franchise.
2.6.04 Upon completion of the steps deemed appropriate by the City Council, the City
Council may grant the Franchise, and may specify the conditions under which the Franchise is granted.
Alternatively, the City may reject any and all applications from whatever source and whenever received
except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse
to award an additional competitive franchise. The City also reserves the right to waive any or all
requirements when it determines that the best interests of the City may be served thereby and may, if it so
desires, request new or additional proposals. (ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9- 4-47.6 Terms and Conditions of Franchise
2.7.01 The terms and conditions applicable to any Franchise granted pursuant to this
Ordinance shall be set forth in the separate ordinance granting the Franchise or in a separate written
agreement. Such separate ordinance or written agreement, among other things, shall address the
following subjects:
(i) the term of the Franchise;
(ii) the Franchise area and the Cable Services which are the subject of the Franchise;
(iii) the compensation to be paid to the City, which may include the payment of fees
or the provision of facilities or services, or both;
(iv) the circumstances upon which the Franchise may be terminated or cancelled;
(v) the mechanisms, such as performance bonds, security funds or letters of credit, to
be put in place to ensure the performance of the Grantee's obligations under the Franchise;
(vi) the City's right to inspect the facilities and records of the Grantee;
(vii) insurance and indemnification requirements applicable to the Grantee;
(viii) the obligation of the Grantee to maintain complete and accurate books of
account and records, and the City's inspection rights with respect thereto;
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(ix) provisions to ensure quality workmanship and construction methods;
(x) provisions to ensure that the Grantee will comply with all applicable City, state
and federal laws, regulations, rules and policies, including, without limitation, those related to
employment, purchasing and investigations;
(xi) provisions to ensure adequate oversight and regulation of the Grantee by the
City;
(xii) provisions to restrict the assignment or other transfer of the Franchise without
the prior written consent of the City;
(xiii) remedies available to the City to protect the City's interest in the event of the
Grantee's failure to comply with terms and conditions of the Franchise;
(xiv) provisions to ensure that the Grantee will obtain all necessary licenses and
permits from, and comply with, all laws, regulations, rules and policies of any governmental
body having jurisdiction over the Grantee, including, but not limited to, the Federal
Communications Commission;
(xv) provisions to ensure that the Grantee will protect the property of the City and
the delivery of public services from damage or interruption of operations resulting from the
construction, operation, maintenance, repair or removal of improvements related to the
Franchise;
(xvi) provisions designed to minimize the extent to which the public use of the Streets
of the City are disrupted in connection with the construction of improvements relating to the
Franchise; and
(xvii) such other provisions as the City determines are necessary or appropriate in
furtherance of the public interest. (ORD. 2001 -23; 10 /11 /01)
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@ @ITEM 9- 4-47.7 Severability
If any section, subsection, sentence, clause, phrase or other portion of this Ordinance is, for
any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or
other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent portion. Such declaration shall not affect the validity of the remaining portions hereof,
which other portions shall continue in full force and effect. (ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9- 4-47.8 Delegation
Consistent with applicable law, the City Council shall have the right to delegate and
redelegate, and to revoke any such delegation or redelegation, from time to time, any of its rights or
obligations under this Ordinance to any body, organization or official. Any such delegation, redelegation
or revocation, no matter how often made, shall not be deemed an amendment to this Ordinance or to
require the consent of any applicant for a Franchise or Grantee. The City Council may also establish and
appoint one or more advisory boards, with such duration and such number of members as the City
Council shall determine, to advise it on such of the matters which are the subject of this Ordinance.
(ORD. 2001 -23; 10 /11 /01)
@ @ITEM 9- 4-47.9 Retroactivity
This Ordinance shall not be retroactively applied to franchises for Cable Services existing on
the effective date of this Ordinance, but shall apply to any renewal or extension of such Franchises.
(ORD. 2001 -23; 10 /11 /01)
@@ITEM 9-4 -47.10 Applicability of Other Ordinances
All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are
hereby repealed.(ORD. 2001 -23; 10 /11 /01)
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths, IAf #C P
, who
after being duly sworn, deposes and on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island
City Council held on the /1 day of Oct- , 2001.
(2) That it is my understandlpg that O.C.G.A. § 50- 14 -4(b)
provides as follows:
When any meeting of an agency is closed to the public
pursuant to subsection (a) of this Code section, the
chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the
meeting a notarized affidavit stating under oath that the
subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions
provided by law and identifying the specific relevant
exception.
(3) The subject matter of the closed meeting or closed portion of
the meeting held on the /1 of C) , 2001, which was
closed for the purpose (s) of "f Senlitl 4 1-1T
as allowed by
O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
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(4) Any unrelated matters which were mentioned or attempted to be
offered for discussion during the closed portion of the
meeting were ruled out of order and not discussed.
This affidavit is being executed for the purpose of complying
with the mandate of O.C.G.A. § 50- 14 -4(b) that such an
affidavit be executed.
This 11 day of 1. t
(5)
Sworn to and subscribed
before me this // day
of O!r , 2001.
g: \common \emh\14536\affiday.01
, 2001.
/`` %,,.4
ayor /Presiding Officer