HomeMy Public PortalAbout020_010_LeViner-Hudson 07.17.13 - scan LAW OFFICES
CALLAWAY, BRAUN, RIDDLE & HUGHES P.C.
A PROFESSIONAL CORPORATION
TIMOTHY F.CALLAWAY,ill 301 WEST CONGRESS STREET REPLY TO:
DANA F.BRAUN SAVANNAH,GEORGIA 31401 POST OFFICE BOX 9150
R.KRANNERT RIDDLE - SAVANNAH,GEORGIA31412
EDWARD M.HUGHES TELEPHONE(912)238-2750
D.SCOTT PORCH,IV FACSIMILE(912)238 2767
THOMAS E.BRANCH,Ill Voice Mail Extension-108
July 17, 2013 E-Mail-Bhughes(a7cbrhiaw.com
VIA EMAIL ONLY
Ms. Jan LeViner
Ms. Angela Hudson
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328-2749
RE: Ordinance 25-2013 and Resolution
Our File No. 572.14536/2013
Dear Jan and Angela:
I am attaching a draft resolution regarding approval of the work and/or contract in
connection therewith and an amendment to the capital budget.
I am not sure that the capital budget is, in fact, actually being amended. It seems to me
that the original capital budget ordinance dictated certain funds for each department for capital
projects. The transfer of funds within designated projects within a department is not necessarily
an amendment to the capital budget but, rather, an authorization of transfer of funds within that
budget. Having said that, because of the restrictions on funds and the need for clarity in this
regard, even if this is not considered an amendment to the capital "budget," it is a change in the
designation of funds for particular projects within that department and council action may be
required to authorize the transfer of funds.
With kindest regards, I am
Sincerely,
Edward M. Hughes
EMHJmd
Attachments
cc: Ms. Diane Schleicher, via email
RESOLUTION
BE IT RESOLVED BY THE MAY AND COUNCIL OF THE CITY OF TYBEE ISLAND:
WHEREAS,the City of Tybee Island, Georgia, has experienced an emergency situation
with respect to deteriorating water/sewer lines; and
WHEREAS, immediate repairs are necessary such that a meeting of the City Council was
called for the special purpose of transferring of funds and the consideration of a contract and/or
the authorization of the work as a capital item; and
WHEREAS, this matter is urgent and an emergency in that failures in the sewer
distribution system could not only expose the City to potential fines from environmental
agencies, but could have health and safety implications which could result in an imminent danger
to the public health or safety, as well as the loss of an essential government service.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting
duly assembled, that the Mayor is authorized to execute any appropriate documents in
connection with accomplishing the public works construction project in order to replace
designated deteriorating sewer lines at the earliest possible time at a cost not to exceed
$ . It is recognized that this is an urgent and emergency situation posing an
imminent danger to the public health and safety and, therefore, the City is proceeding in
accordance with O.C.G.A. §36-91-22(e) and the minutes shall reflect the existence of the
emergency situation.
IT IS SO RESOLVED, this the day of , 2013.
CITY OF TYBEE ISLAND, GEORGIA
By:
Jason Buelterman, Mayor
ATTEST:
By:
Clerk of Council
Tybee/Resolutions/201 3/sewer lines
ORDINANCE NO. 25-2013
AMENDMENT TO
ANNUAL CAPITAL BUDGET ORDINANCE
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the City of Tybee Island has previously adopted an annual capital
budget by ordinance dated June 26, 2013; and
WHEREAS, certain necessary revisions are required as a result of a capital
improvement required within the water and sewer department and water sewer fund; and
WHEREAS, the purpose of this ordinance is to provide documentation of the
need to amend the capital budget ordinance so as to reflect the required transfer of funds
in order to accomplish the urgent need for replacement of sanitary sewer lines; and
WHEREAS,the budget has previously been introduced.
NOW, THEREFORE, be it resolved, and it is hereby resolved by the Mayor and
Council of the City of Tybee Island, Georgia, in open meeting assembled that the budget
amendment attached hereto is hereby adopted and made a part hereof.
ADOPTED THIS DAY OF , 2013.
MAYOR
ATTEST:
CLERK OF COUNCIL
EMH/Tybee/Ordinances12013/25-2013—amendment capitol budget ordinance 07.17.13