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20090514 City Council Minutes
Consent Agenda
Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, May 14,
2009. Council members present were Mayor pro tem Wanda Doyle, Charlie Brewer, Barry Brown, Dick
Smith and Paul Wolff. Councilman Eddie Crone was absent due to illness. Also present were City
Attorney Bubba Hughes and City Manager Diane Schleicher.
Mayor Buelterman listed the following items on the Consent Agenda:
> Jet Pay Agreement
➢ Hand Escrow Agreement /Easement —City Attorney will bring back Escrow Agreement for
Ratification.
➢ Emergency Budget Adjustment - $20,205 from Contingency item #100 - 9000 -61 -1000 to Lifeguard
Part Time salaries - $18,752:100- 6124 -51 -1200 and Small Equipment $1,453:100- 6124 -53 -1600
A Motion by Councilman Wolff to go into Executive Session to discuss property acquisitions was
seconded by Councilman Smith. The vote was unanimous.
A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Smith. The
vote was unanimous.
Mayor Buelterman adjourned the Consent Agenda.
Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those
present at the Consent Agenda were also in attendance for the regular meeting. Rev. David Laughner
gave the invocation and everyone recited the Pledge of Allegiance to the Flag.
Mayor's Announcements
Mayor Buelterman expressed condolences to the families involved in the automobile accident on Bull
River Bridge and said he and council are collectively working to resolve the problems with the widening
of the bridges.
Mayor Buelterman announced the MSR butt sale on Sat, May 23rd at Lazaretto Creek.
Mayor Buelterman announced The Crab Shack and MRS Children's Fishing Tournament, June 13`n
Citizens to be heard.
Jimmy Brown introduced Virginia Mobley from the Chatham Emergency Management. She gave
information on the CEMA's Disaster Community Response Team training sessions coming up. This will
be a team of volunteers that will assist others in times of disasters whether it is locating someone lost or
during hurricanes. This is a 4 -5 hour course the first four Saturdays of June.
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Shell Solomon spoke on conditional zoning. He recommended it be rewritten and /or stopped being
considered in residential neighbor hoods.
Mayor Buelterman stated Alvin Davis had his issue addressed by the Infrastructure committee.
Henry Levy spoke on the public restrooms. He said there are none between North and South End. He
requested more restrooms along the beach. He also congratulated the Mayor, city council, city manager
and particularly Chief Jimmy Price on the handling of the crowd at the recent weekend. He
complimented Chief Price and his management of the police force. He believes this is one of the
reasons our crime is so much lower than in town. He thanked the council for hiring Jimmy Price and
expressed his appreciation in having him protecting the citizens of Tybee.
Ethics Commission Request:
Daniel Hill, Chairman of the Ethics Commission read a letter of recommendations from the ethics
commission into the minutes (attached and retained as part of official minutes)
Mayor pro tem asked if we had an alternate that could move into Ms. Rumsey's position and Mr. Hill
responded we do not. We still have openings for two alternates and if Ms. Rumsey is removed, the
committee would also have a vacancy for a regular member.
Consideration of the Approval of the Consent Agenda:
A Motion by Councilman Wolff to approve the Consent Agenda was seconded by Councilman
Brown. The vote was unanimous.
Mayor Buelterman reviewed the three requests from the ethics commission letter. The first issue he
requested council to review at a later date. The second issue addressing the legal representation he
asked Mr. Hughes to look into and bring back suggestions to council. The third request was the removal
of the non participating member.
A Motion by Councilman Wolff to remove Donna Rumsey from the Ethics Commission and re-
advertise the position was seconded by Councilman Brown. The vote was unanimous.
The mayor then opened the public hearings.
Public Hearings:
D Major Subdivision of Land(Sec 5- 130)and Zoning Variance(Sec 5- 090)from Sec 10-
080(E), Street Design and Construction Specifications. Mark Boswell for Frank McNeal.
Address: 708 Butler Ave. PIN 4- 0005 -20 -006 Zone R -2
Diane Otto presented the request and informed council it was previously heard by them in its' conceptual
in December, 2008 and was approved. They are returning for their final approval. The subdivision
includes eight single family lots, one has the existing cottage on it. It also includes two duplex lots.
There are several conservation easement areas on the property. The Mayor asked about the previous
parking issues discussed. Mr. Hughes stated this is a preliminary plat approval and those issues will be
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marked on the final after the property owners' association meeting. This preliminary approval would just
allow work to begin. Mark Boswell, engineer on the project, commented neighbors previously opposing
seemed to have now been satisfied.
Katy Smith, board member of the Savannah Tree Foundation, spoke on approval and commended the
tree easement drawings of the plat plan submitted and the developers' efforts in preserving and
protecting the trees.
Councilman Brown asked Mr. Boswell how wide the roadway was. He answered twenty feet. The fire
chief reviewed this and approved it. Councilman Wolff confirmed the setbacks are to be measured from
the center of the road. Mayor asked for clarification of what the variance was for. Mr. Boswell replied it is
to change the 60 foot right -a -way requirement to allow for a 50 foot private easement as this is a private
maintained road. Ms. Otto also commented this is an easement. Ms. Otto said the second variance is for
the T- Configuration at the end of the road instead of the cul-d -sac. Councilman Wolff said the fire chief
also looked at this and is ok with it. Mr. Boswell also confirmed the setbacks along the private road would
still be 30 feet from the center line in each direction. Councilman Wolff asked if the road would be
permeable. Mr. Boswell confirmed the entire road would be permeable. The plan also includes detention
for up thru the100year storm, and they are still at 25 which is what Tybee requires. Ms. Otto stated
planning commission did recommend approval unanimously for both variances and the subdivision. City
Manager pointed out the fire chief had two more comments, the naming of the street and placement of
the fire hydrants. Mr. Boswell addressed this and stated the street name had been changed in the last
plans and they also put a fire hydrant half way up the road. The Mayor closed the public hearing. Mr.
Hughes stated request could be handled with one motion but he wanted everyone to understand there is
still a lot of work that has to be done before it is at the stage of a recordable plat.
A Motion to approve the subdivision and variances as recommended by Planning Commission
was made by Mayor pro tem Doyle and seconded by Councilman Brewer. The vote was unanimous.
➢ Text Amendment (Sec 5 -110) to amend Agreement Regarding Conditions. Erin Sheldon
for The Shades on South Beach.
Address: 13 Fourteenth St. PIN 4- 0007 -06 -001 Zone C -1 Conditional.
Ms. Otto stated an amendment to the agreement regarding conditions for this business has been
requested. The original Text Amendment with conditions was approved by council in May, 2008. A
number of items have been raised in the synopsis that is included from the petitioner. As planning
commission was instructed there are several proposes or options available. To approve as submitted, to
pick and choose or to deny all. The planning commission voted 5 — 0 to deny any changes to the current
conditions or agreement.
Mrs. Sheldon, petitioner addressed council and said they have modified request since getting comments
and feedback from planning commission and is asking council to address only one of the conditions.
That is condition #4 dealing with capacity. They would also be willing to negotiate on the number of 100 if
council feels it should be different.
Councilman Brewer responded to Ms. Sheldon that when agreement was previously approved the
conditions were laid out very clearly and it was the business owners' responsibility to follow them.
Mrs. Sheldon stated she understood that but was also under the assumption she could request additional
capacity approval from the Chatham County fire marshal and city planning department and had done so
After meeting with the fire marshal and Brannyn Allen, she had received approval only to be told at a later
date it had not been approved. So there have definitely been some misunderstandings or
miscommunications.
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Councilman Wolff commented the council had worked hard to come up with the conditions that would
assist her but had received feedback from several neighbors and there seemed to be too many people
and this was causing her not to be able to control activities to stay within the boundaries of the zoning.
Councilman Brown agreed that the rules were set and the business seemed to not be able to follow them
and keep things under control. Ms. Sheldon responded she had worked with Ms. Allen, zoning, police,
and her neighbors to do this.
Councilman Brewer asked the city attorney if council could revoke the original agreement or text
amendment tonight. Mr. Hughes responded not tonight. It could be revoked but would have to go
through the normal public hearing and zoning process. Councilman Brewer asked Mr. Hughes about
other options due to nuisances reports on the business. Could the business license be affected? Mr.
Hughes responded there are ways in the land development code that could cover this but it is a process
of complaints and proof and violations, etc. But again nothing could be done tonight. Only vote on, defer,
or send back to planning commission. It would be a second issue to pursue any further prosecution of
violations proven or monitoring, etc. Councilman Brewer commented on lack of compliance from the
business. Mrs. Sheldon commented on her understanding of the land development code and reiterated
the business had not received one violation and restated her only request was to up the capacity.
Councilman Brewer asked if she was willing to remove the amplified music and keep her capacity at 50.
She answered she was not willing to remove the amplified music but would continue to work with the 50
capacity if council was not willing to change it.
Henry Levy spoke stating he feels the business should receive some consideration and relief because the
zoning has been inconsistent on Tybee.
Shell Solomon spoke and reiterated his request for council not to approve the increase of any use of the
conditional zoning of this business.
Kathleen Flynn commented the complaints or disapproval has only come from one of the neighbors.
There are other neighbors all around that has given them their support and approval. She restated the
100 is a reasonable request and please consider it.
Councilman Brown said there had been feedback or complaints from several people around the business
not just one.
Mayor Buelterman read a letter from Frances Woodward in support of the expansion of the business or
increase of capacity.
Mayor pro tem Doyle recused at City Attorney's recommendation due to the nature of her family business.
A Motion to deny all requests was made by Councilman Brewer and seconded by Councilman
Brown. The vote was unanimous with Mayor pro tem Doyle recused.
Discussion was held on eliminating the option for staff to approve or disapprove special event request for
capacity of 50 -100 which is allowed under the current agreement. Mr. Hughes stated this could not be
removed without proper process.
> Text Amendment (Sec 5 -110) to Sec 4- 050(D) Residential Tourist District to permit
special event structures in Zone RT. Pat Valle
Ms. Otto stated this is a Text Amendment. Currently Sec 4 -505E and F allowed after special review and
site plan approval, special event facilities. The request would allow the same in RT zones. This request is
not specific to petitioner but for all 7 pockets of RT Zones. If approved the petitioner would have to retum
under site plan approval and special review and request the privilege. Planning commission
recommended denial with a 5 -0 vote.
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Councilman Wolff commented against the change stating the RT zone was designed to act as a buffer
zone. If it is serving that purpose we should keep it that way and not allow for any expansion in it.
A Motion to deny was made by Councilman Brown and seconded by Mayor pro tem Doyle. The
vote was unanimous.
➢ Zoning Variance (Sec 5 -090) from Sec 3- 090(B) Schedule of Development Regulations.
City of Tybee Island height variance for 50- foot flagpole.
Address: 2 Old Hwy 80 PIN 4- 0024 -01 -007 Zone M -D
Councilman Smith asked Mr. Hughes if members of the MRS should recues themselves and he answered
not unless they were officers or trustees.
Ms. Otto stated this is a petition from the City of Tybee on behalf of the Marine Rescue Squadron for
height variance from 35 feet to 50 feet to place a 50 foot flagpole at the base of steps of the building.
This is a maritime district zone. Vote by planning commission was 5 -0 for approval.
Henry Levy spoke to add a restriction if it is lit let it be lit from the top not the bottom.
Ronald Jones spoke in agreement with light restriction.
A Motion to approve was made by Mayor pro tem Doyle and seconded by Councilman Wolff.
The vote was unanimous.
Consideration of Ordinances, Resolutions:
➢ 2nd Reading of Text Amendment (Section 5 -110) Ordinance 09 -2009 South End
Business Overlay District to amend Ordinance 3 -2008, South End Business Overlay to
omit the words "sidewalk vending machines are not permissible ".
Discussion was held if this is in conflict with selling merchandise on the sidewalk and Mr. Hughes
responded no.
A Motion to approve was made by Councilman Smith and seconded by Councilman Wolff. The
vote was Smith, Wolff, Brewer and Brown in favor and Doyle opposed.
➢ 1sand 2nd Reading of Ordinance Granting Franchise to Georgia Power Company
Mayor Buelterman confirmed this was discussed in workshop with an introduction and under the
recommendation and template of the Georgia Municipal Association. Both readings are being done due
to project timing and cost savings to project on 14th Street.
A Motion to approve 1st Reading was made by Councilman Wolff and seconded by Councilman
Brown. The vote was unanimous.
A Motion to approve 2nd Reading was made by Councilman Wolff and seconded by Councilman
Brown. The vote was unanimous.
Council, Officials and City Attorney Comments:
➢ Request for extension of setback variance previously approved by council on 06/08/2006
Steve and Judy Sims 12 Teresa Lane PIN 4- 0022 -01 -031 Zone R -2
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Councilman Brown recused himself at City Attomey's recommendation due to his previous submission of
construction bids on the property.
Councilman Wolff commented he disagrees with allowing any construction within the 25' buffer zone or
that would negatively impact the water we share.
A Motion to approve was made by Mayor pro tem Doyle and seconded by Councilman Smith.
The vote was Doyle, Smith and Brewer in favor and Wolff opposed.
Executive Session:
A Motion by Councilman Wolff to go into Executive Session to discuss Litigation was seconded
by Councilman Smith. The vote was unanimous.
A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Smith.
The vote was unanimous.
A Motion to pay the Judgment on the Enviro Assets Suit and take the money from the
contingency was made by Mayor pro tem Doyle and seconded by Councilman Brewer. The vote was
unanimous.
Adjournment:
A Motion to adjourn was made by Councilman Wolff and seconded by Councilman Brown. The
vote was unanimous.
C 1 tyre )
Vivian 0. Woods, Clerk of Council
Mayo / ason Bu erman
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MAY 4, 2009
Dear Mayor Buelterman and City of Tybee City Council Members,
At the last meeting of the Tybee Island Ethics Commission the following items were discussed
and I was asked to address them with the Mayor and Council.
1 There was discussion on Article B Section 4-4 that reads "council may remove a member at
any time, at will, with or without cause." The Ethics Commission moved unanimously
to request the Council to amend the "Ethics Ordinance (21 -2008) to read as follows:
"Council may remove a member at any time for cause ".
The reason we are requesting this change is due to the fact that if we (The Ethics Commission) have
a complaint against a council member, we should not be in a position of fearing removal if we recommend
in favor of the complainant. Likewise, council should not be faced with the possibility that they could remove
all or some of the Ethics Commission Members because they do not agree with a recommendation.
In short, such conflicts would be removed if the language is changed.
2. There was also discussion on having legal assistance ready and available in the event the
City Attorney cannot provide or is not available to provide assistance to the Ethics
Commission.
There is a provision in the Ethics Ordinance (21 -2008) for this.
The motion was made and unanimously approved to request of Council that they appoint an
Attorney of their choosing to be available to the Commission in the event that the City
Attorney has a conflict when a complaint is flied pursuant to Article B, Section 10-2 of the
Ethics Ordinance (21- 2008).
3. The Ethics Commission discussed asking the Council to remove Donna Rumsey from the
Ethics Commission. Since she has been appointed, she has been unreachable by phone
despite numerous calls, she has never been sworn, and has never shown up for a meeting.
The motion was made and unanimously approved to ask Council to remove Donna Rumsey
from the Ethics Commission and to appoint a new member.
Please consider this letter a formal request by the Ethics Commission Chairman to act on the above mentioned
items.
Respectfully Submitted,
Daniel Hill
Chairman
Tybee Island Ethics Commission
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ORDINANCE NO. 09-2009
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SECTION 4- 050(0) TO ESTABLISH THE
SOUTH END BUSINESS OVERLAY DISTRICT
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the City has established Section 4-050(0) to create the South End Business Overlay
District in order to improve and promote the economic development and betterment of the
traditional business corridor and tourist area of the City within the district as depicted on the
Zoning Map, and shall read as follows:
Section 4050 (0) South End Business Overlay District
All commercial and multi- family residential uses are permissible subject to site plan
approval. In this district, the site plans established herein shall prevail over any setbacks in any
other part of the Code, specifically including 3 -090 regardless of the use of the property. Mixed
uses of the property are permissible. Site Plan approval is required for new construction and
redevelopment of existing sites. New construction and when a project includes the
redevelopment of a parcel, a development agreement with the owner /developer and the City
specifying the site plan, location of utilities, improvements, setbacks, driveway locations and
dimensions and lot coverage may be required.
Signage within the district shall be as specified herein to the extent of any inconsistency
with the sign ordinance. Permissible signage shall include sandwich boards not to exceed 3' x
5', which may be displayed during business hours on sidewalks immediately adjacent to the
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business advertised on the sandwich board. No advertising benches shall be permissible in the
district. Within the district, cafe style seating on sidewalks may be permissible provided that
sidewalks in the area involved, must be at least 10 feet in width.
Notwithstanding any other provision of the Code, no outdoor selling of merchandise on
public or private sidewalks is permissible in the district except as may be allowed in connection
with authorized special events.
Policies and procedures applicable in this district are on file in the Offices of the Planning
and Economic Development Director and are incorporated herein.
This Ordinance shall become effective on P.& day of
ADOPTED THISHrtY OF , 2009.
ATTEST:
OILLIALL,
CLERK OF COUNCIL
FIRST READING: 4/23/09
SECOND READING:
ENACTED:
2009.
O'.JEMW rYBEEIORDINANCES/2009J09 -2009 South End Business Overlay District 03.05.09
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ORDINANCE GRANTING FRANCHISE
To
GEORGIA POWER COMPANY
By
CITY OF TYBEE ISLAND
On
ni104.A. 14 ,2009
The within franchise accepted on
_Aux, 16
, 2009.
GEORGIA POWER COMPANY
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ORDINANCE GRANTING PERMISSION AND CONSENT to Georgia Power Company, a
Georgia corporation, and its successors, lessees, and assigns (hereinafter referred to collectively as the
"Company ") to occupy the streets and public places of the City of Tybee Island, Georgia, a municipality
and political subdivision of the State of Georgia (hereinafter referred to as the "City"), in constructing,
maintaining, operating, and extending poles, lines, cables, equipment, and other apparatus for transmitting
and distributing electricity and for other purposes.
SECTION I. Be it ordained by the governing authority of the City that the authority, right,
permission, and consent are hereby granted to the Company, for a period of thirty -five (35) years from the
date of the Company's acceptance hereof, to occupy and use the streets, alleys, and public places of the
City within the present and future corporate limits of the City as from time to time the Company may
deem proper or necessary for the overhead or underground construction, maintenance, operation, and
extension of poles, towers, lines, wires, cables, conduits, insulators, transformers, appliances, equipment,
connections, and other apparatus (hereinafter referred to collectively as the "Company's Facilities ") for
the business and purpose of transmitting, conveying, conducting, using, supplying, and distributing
electricity for light, heat, power, and other purposes for which electric current may be or become useful or
practicable for public or private use, and to re -enter upon such streets, alleys, and public places from time
to time as the Company may deem proper or necessary to perform these functions, and to cut and trim
trees and shrubbery when and where necessary, in the judgment of the Company, to insure safe and
efficient service.
SECTION II. Be it further ordained that the rights, permission, and consents herein contained
are granted for the following considerations and upon the following terms and conditions:
1. The Company shall pay into the treasury of the City (a) on or before the first day of
March in each year following the granting of this franchise, a sum of money equal to four percent (4%) of
the gross sales of electric energy to customers served under residential and commercial rate schedules (as
prescribed by the Georgia Public Service Commission) within the corporate limits of the City during the
preceding calendar year and four percent (4 %) of the gross sales of electric energy to customers served
under industrial rate schedules (as so prescribed) within the corporate limits of the City during the period
beginning on the first day of the month following the granting of this franchise and ending on December
31 thereafter and (b) on or before the first day of March of each year thereafter during the term of this
franchise, a sum of money equal to four percent (4 %) of the gross sales of electric energy to customers
served under residential, commercial, and industrial rate schedules (as so prescribed) within the corporate
limits of the City during the preceding calendar year, on condition that in the event the City shall grant to
any other entity the right to use and occupy the City's streets for like purposes, such use and occupancy
shall be upon the same terms and conditions as those herein contained, including the payment provisions
hereof.
2. The amount, if any, of any tax, fee, charge, or imposition of any kind required, demanded,
or exacted by the City on any account, other than ad valorem taxes on property, shall operate to reduce to
that extent the amount due from the percentage of gross sales provided for in paragraph 1 of this Section
11.
3. The Company shall fully protect, indemnify, and save harmless the City from all damages
to persons or property caused by the construction, maintenance, operation, or extension of the Company's
Facilities, or conditions of streets, alleys, or public places resulting therefrom, for which the City would
otherwise be liable.
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4. The Company shall, in constructing, maintaining, operating, and extending the Company's
Facilities, submit and be subject to all reasonable exercises of the police power by the City. Nothing
contained herein, however, shall require the Company to surrender or limit its property rights created
hereby without due process of law, including adequate compensation, for any other purpose at the
instance of the City or for any purpose at the instance of any other entity, private or goverrunental.
5. For purposes of paragraph 6 of this Section II, the term "Distribution Facilities" means
poles, lines, wires, cables, conductors, insulators, transformers, appliances, equipment, connections, and
other apparatus installed by or on behalf of the Company (whether before or after the adoption of this
ordinance) in the streets, alleys, or public places of the City for the purpose of distributing electricity
within the present and future corporate limits of the City. Distribution Facilities do not include any of the
following: (i) electric transmission lines with a design operating voltage of 46 kilovolts or greater
(hereinafter referred to as "Transmission Lines "); (ii) poles, towers, frames, or other supporting structures
for Transmission Lines (hereinafter referred to as "Transmission Structures "); (iii) Transmission Lines
and related wires, cables, conductors, insulators, or other apparatus attached to Transmission Structures;
(iv) lines, wires, cables, or conductors installed in concrete - encased ductwork or (v) network
underground facilities.
6. In the event that the City or any other entity acting on behalf of the City requests or
demands that the Company relocate any Distribution Facilities from their then- current locations within
the streets, alleys, and public places of the City in connection with a public project or improvement, then
the Company shall relocate, at its expense, the Distribution Facilities affected by such project or
improvement. The Company's obligations under this paragraph 6 shall apply without regard to whether
the Company has acquired, or claims to have acquired, an easement or other property right with respect to
such Distribution Facilities and shall not affect the amounts paid or to be paid to the City under the
provisions of paragraph 1 of this Section II. Notwithstanding the foregoing provisions of this paragraph
6, the Company shall not be obligated to relocate, at its expense, any of the following: (1) Distribution
Facilities that are located on private property at the time relocation is requested or demanded; (ii)
Distribution Facilities that are relocated in connection with sidewalk improvements (unless such sidewalk
improvements are related to or associated with road widenings, the creation of new turn lanes, or the
addition of acceleration/deceleration lanes); (iii) Distribution facilities that are relocated in connection
with streetscape projects or other projects undertaken primarily for aesthetic purposes; or (iv) Distribution
Facilities that are converted from an overhead configuration or installation to an underground
configuration or installation.
7. The City and the Company recognize that both parties benefit from economic development
within the City. Accordingly, when it is necessary to relocate any of the Company's Facilities (whether
Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) within the City,
the City and the Company shall work cooperatively to minimize costs, delays, and inconvenience to both
parrtles while ensuring compliance with applicable laws and regulations. In addition, the City and the
Company shall communicate in a timely fashion to coordinate projects included in the City's five -year
capital improvement plan, the City's short-term work program, or the City's annual budget in an effort to
minimize relocation of the Company's Facilities. Such communication may include, but is not limited to,
(1) both parties' participation in the Georgia Utilities Coordinating Council, Inc. (or any successor
o on) or a local utilities coordinating council (or any successor organization) and (ii) both parties'
use of the National Joint Utility Notification System (or any successor to such system mutually acceptable
to both parties).
8. With regard to each streetscape project undertaken by or on behalf of the City, the City shall
pay the Company in advance for the Company's estimated cost to relocate any of the Company's Facilities
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(whether Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) in
connection with such project. For each streetscape project, the Company shall estimate in good faith the
amount of incremental base revenue, if any, that the Company will realize as a result of new customer
Toad or expansion of existing customer load attributable to such project; and such estimate shall be based
on tariff in effect at the time that construction of such project begins and shall not include fuel recovery
charges, non - electric service billings, or taxes. If such estimate indicates that the Company will realize
incremental base revenue, the Company shall do one of the following, whichever results in greater cost
savings to the City: (i) reduce the City's advance payment to the Company for relocation costs by ten
percent (10 %0); or (ii) where the City has developed a bona fide marketing plan within twelve (12) months
after construction of such project begins, either refund the amount of the Company's incremental base
revenue during such twelve -month period to the City or credit such amount against any future payment
due from the City to the Company. The City and the Company acknowledge and agree that the amount of
any refund or credit calculated pursuant to clause (ii) of the foregoing sentence of this paragraph 8 shall
not exceed the amount of the City's advance payment to the Company for relocation costs associated with
such project,
SECTION III. Be it further ordained that nothing contained in this ordinance shall limit or
restrict the right of customers within the corporate limits of the City to select an electric supplier as may
hereafter be provided by law.
SECTION IV. Be it further ordained that from time to time after the approval of this ordinance,
the Company and the City may enter into such additional agreements as the Company and the City deem
reasonable and appropriate; provided, however, that such agreements shall not be inconsistent with the
terms and conditions of the franchise granted in this ordinance, shall not extend beyond the term of the
franchise, and shall be enforceable separate and apart from the franchise.
SECTION V. Be it further ordained that the Company shall, within ninety (90) days from the
approval of this ordinance, file the Company's written acceptance of the franchise granted in this
ordinance with the Clerk of the City, so as to form a contract between the Company and the City.
SECTION VI. Be it further ordained that upon such acceptance all laws and ordinances, and all
agreements between the Company and the City with respect to the Company's use of the City's streets,
alleys, and public places, in actual conflict herewith be and the same shall thereupon stand repealed and
terminated, respectively.
Adopted by the City Council of the City of Tybee Island, Georgia, at a meeting held on
filliter—A--
, 2009.
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i, /1/1 VI an , Clerk of the City of Tybee Island, Georgia, hereby
certify that I was present at the meeting of the City Council of the City of Tybee Island, Georgia, held on
1110.—s l`k
quorum was present, and that an ordinance, a true and correct copy of which 1 hereby certify the
foregoing to be, was duly passed and adopted by the City Council of the City of Tybee Island, Georgia, at
said meeting.
, 2009, which meeting was duly and legally called and held, and at which a
IN WITNESS WHEREOF, I hereunto set my hand and the corporate seal of the City of Tybee
Island, County of Chatham, State of Georgia, this of day of . 2009.
62€40,4•741--
Clerk
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, l
, 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 14iayof •Idt ;� , 2009.
(2) That it is my understanding 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 WI of /__ , 2009, which was closed for the
purpose(s) of 'Res& sit& as allowed by
§O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions
and as provided by law.
(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.
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5) 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 ) 444day of
mot
, 2009.
Sworn to and sue ascribed efore
Me this L( "" w day of
2009
M•.ror/Presiding Officer
VIVIAN WOODS
Notary Public. Chatham County. GA
My Commission Expires May 14. 2013
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, l , 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 j 4hda y of , 2009.
(2) That it is my understanding 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
14441 f , 2009, which was closed for the
purpose(s) of , ‘SAkr as allowed by
§O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions
and as provided by law.
(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.
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1
1
5) 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 1 'TLW
day of
2009.
M or/Presiding Officer
Sworn to and subscribed before
Me this \Lk day of
2009
c WOODS
Notary Public, Chatham unty, GA
My Commission Expires May 14, 2013