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Nov 2/16, Dec 14/21/28, 196471 NOVEMBER 2, 1961.}. .' The regular meeting of Mayor and Council was held at City Hall, Smyrna, Georgia, pursuant to Charter November 2, 1964. at 7:30 o~clock P.M. and called to order by presiding officer, Mayor George W. Kreeger. In the first order of business per submitted agenda was the certified election results of run-off election held at City Hall 10-31-64. "We the duly appointed Election Managers to conduct this run-off election declare the following results": "For Councilman Ward No. 5 (unexpired term November 2, 1964. through December 31, 1965.) H. Lamar Chatham Daniel L. Mixon 178 Votes 227 votes "We, therefore, certify to Mayor and Council of the City of Smyrna, the election of Ward No. 5 Councilman, Daniel L. Mixon, he having received a ma3ority of the votes cast." William H. Winslett, Larry F. Dover, Charles D. Nunnally Election Managers Oath of office administered by Mayor G. W. Kreeger, signed and attested. Daniel L. Mixon, Councilman Ward No. 5, was seated to fulfill the unexpired term of B. A. Thomas. Council members now present, J. C. Porterfield, H. Kuhl, J. B. Ables, Daniel L. Mixon, R. H. Wood, C. M. Chapman and R. J. McCurry. Complaint of William B. Eidson (Barber Shop on Concord Road), regarding garbage collection and charges was referred to sanitation chairman, J. B. Ables to resolve. Trailer permit was approved with 30 day limitation to Mrs. Betty Blanton, 239 No. Atlanta Street. Motion by H. Kuhl, passed. Permit allows "for sale" sign placed thereon. Petition of M. C. Puryear and Fred McNeal for annexation of Pineview Manor, Unit No. 2 on Cooper Lake Road, was withdrawn on basis of citizen opposition regarding plat showing placement of structures on property proposed for annexation to corporate limits and known as Bagwell and Austin property. Motion R. J. McCurry, second C. M. Chapman, to issue building permit for the $982,000 F. T. Wills School subject to usual check out and follow up by City Building Inspector. Motion R. J. McCurry, second J. C. Porterfield to issue building permit for Echols Ma-Jik Market on South Atlanta Road subject to rigid check out of plans, specifications, City codes, ~,,, regulations and ordinances, also sidewalk installation as called out per amended regulations. Motion deletes proposed enclosure for bottle storage. The vote was b to 1. J. B. Ables opposed. Council discussed corrective action relating to drainage problem at rear of Martins Discount Furniture Store and authorized improvement prior to final inspection and acceptance. Council set November 16, 1964 to hear appeal from traffic court case of J. G. Samples, Jr. on the charge of speedir~; 75 m.p.h. in a 35 m.p.h. zone on North Atlanta Road. 72 (Continuation of November 2, 1964 Meeting) Council discussed sewer tap-on at rear of new Sur-Way Laundry addition, Atlanta and Spring Street. A tentative agreement was reached to permit tap-on at cost plus $25.00 and then withheld on R. J. McCurx~y~s motion to proceed pending settlement through com- pletion and payment in full by Mr. Ware for sewerage facility to So. Cobb Laundry. Motion seconded by J. C. Porterfield and voted unanimous. Council approved release of State Highway Contract to center- line Spring Road (2 miles); also center-line plus edge striping of Concord Road a distance of .7 miles. Total miles (both streets) 4.1 miles @ $53.28 per mile or $218.!}.5 payable on submission of signed contract. MEMO: 0.5 mile, Spring Road, to be absorbed by Cobb County. Motion J. C. Porterfield, second Horner Kuhl, motion carried . Mayor G. W. Kreeger ordered Fire Chief, C. C. Porterfield to investigate and report on maintenance shops, motorcycles and gasoline located or stored at first level of apartments adjacent to coin operated laundry equipment and gas fired dryers. Also, Police Chief to check and report on coin operated laundry equipment and collection of applicable business license from apartment project operators. Committee Chairman R. J. McCurry submitted in council application for retail malt beverage package store license per petition of Mrs. Laura Pritchett located at 103 No. Atlanta Street, Smyrna. After discussion, R. J. McCurry motioned "this council approve application as submitted", on second by D. L. Mixon the council voted four to three for issuance of. license. Voting for: R. J. McCurry, J., C. Porterfield, C. M. Chapman and D. L. Mixon. Voting against: R. H. Wood, Homer Kuhl, and J. B. Ables. Mayor G. W. Kreeger appointed the following; committee to submit applicants or select City Attorney to replace G. Conley Ingram: R. J. McCurry, J. B. Ables, and D. L. Mixon. Councilman Homer Kuhl recommended the appointment of Mr. Walter Gillespie as Civil Defense Director, City of Smyrna, to replace Robert J. Austin by reason of his election as Deputy Commissioner, Cobb County. On council agreement, Mayor G. W. Kreeger nominated Mr. Gillespie for the assignment. Appointment to be confirmed by letter from Governor Carl Sanders. Council voted unanimous on C. M. Chapman~s motion, second by D. L. Mixon to accept low bid of Smyrna Welding and Sheet Metal Company for refuse containers as per specificati ons submitted Low Bid Accepted (1) C.Y. $128.85 (2) c.Y. $225..45 (3) c.Y. $301.35 (4) c.Y $388.45 (5) c.Y. $4.28.25 (6) c.Y. $469.75 Councilman R. J. McCurry reported in council on fiscal audit 1963-64 and commented on recommendations as submitted by C.P.A., W. D. Pate as follows: Item No. 1 Proposal and .Recommendations Establish accounting manual, organization charts, functions and responsibilities each department and employees. Item No. 2 Past due Water Bills - Previous Owner or Occupant Motion R. J. McCurry, second J. C. Porterfield, "As of this date, City shall collect $25.00 water deg osit from all renters, $25.00 deposit from all purchasers, upon request for cut-on, said deposit to be reimbursed upon proof of closing or submission of warranty deed. $100.00 standing deposit from all contractors, builders or sub-dividers, reimbursable only on evidence of pro3ect completion. City water department authorized to reduce from deposit unpaid monthly water bills and request deposit build-up. MEMO: All action regarding contractors should be tied in with current business license renewals, revocations, etc." 73 (Continuation of November 2, 1964. Meeting) Item No. 3 Fixed Assets (a) Detail ledger cards describing fixed assets, acquisition date, cost and date of disposal. (b) Maintain wo rk order by pro3ect cost. Capital labor to be distributed by pro3ect on reports of hours expended. Accounting set-up to accumulate project cost and book entry at completion. (c) Reports to Council on general fixed asset additions or deletions. (d) Inventory of fixed assets, tools, etc. by department, and report showing obsolesence. Item No. 4 Payroll Reporting Earnings, other than regular employees, shall be reported to Federal and State agencies as required on Form No. 1099-I.R.S. (Mayor, Council, Attorney, Recorder, Inspectors, etc.} Item No. 5 Blanket fidelity bond to be considered for coverage of each department handling City funds. Item No. 6 Cash Over or Short Account Recommended that Account #4121 "Cash Over or Short" be used to clear cash shortages or overages in the daily bank deposit summaries. Item No. 7 Review purchasing procedure involving purchases of large quantities of supplies, stationery, etc, and secure sealed bids from established sources. Determine source of supply for library books to obtain highest discount. Item No. ~ Police Department (a) Recommended follow-up on officer ticket books to account for each ticket prior to issuance of new book. (b} Recommendation for usage of new form covering reduction from the original sentence called out by the court order. (c) Change procedure to the effect that the officer re- ceiving the fine or bond and receipting for same shall not enter same on court docket. In final action, R. J. McCurry motioned that water bills considered delinquent shall be written off; account transferred to separate ledger card and legal action executed for collection through an agency. Motion seconded C. M. Chapman and carried. Agenda completed. Adjourn 10:30 P.M. Motion to adjourn. Next meeting November 16, 1964., 7:30 P.M. 74 November 16, 1964. The regular mid-month meeting of Mayor and Council was held November 16, 1964 and called to order at 7:30 o~clock p.m. Mayor G. W. Kreeger presided and all council members were present. No citizens appeared with reports to Council. In the first order of business, the petition for rezoning four parcels of improved property on Kennesaw TiJay came up for hearing. There were no citizens present in support of the pro- posed zoning (R-1 to C-1) covering lots 9, 10, 11 and 12, Block 0, Greenhill Subdivision. The report of the committee assigned by the Mayor to investigate was negative. The committee recommended restrictive type zoning and submission of definite plans in the interest of preventing low type commercial areas. R. J. McCurry motioned to deny the petitioners application for rezoning without prejudice, second by C. M. Chapman and voted unanimous. The second petits on came up for hearing covering the same area, Kennesaw Way and Old Concord Road, lots No. 1, 13, 14, 15, 16, 18 and 19 per petition of record. The assigned committee reported their ob3ections to block type zoning requesting the petitioners to resubmit showing restrictive type commercial zoning with definite plans. Mr. J. R. Meadows appeared as spokes- man for the petitioners. During discussion, R. J. McCurry motioned the zoning petition (R-1 to C-1) on the above seven lots be denied as of above date, seconded by J. C. Porterfield and voted unanimous. The appeal to Mayor and Council regarding traffic court dis- position case of J. G. Samples, Jr., 204 Stonecreek Road, came up for hearing. Mr. Samples testified that he was exceeding the posted speed limit on North Atlanta Street but was not traveling 75 m.p.h. as charged. During the discussion, all facts presented, a motion was heard to consider a lessor charge. Councilman J. C. Porterfield motioned to table pending arrival of City Attorney, G, C. Ingram. At 9:10 p.m., City Attorney ruled that the minutes shall read the defendant was exceeding the lawful speed limits within the corporate limits in violation of the City Ordinances and further the original charge (7~ m.p.h.) shall not be altered or corrected in the City Police books of record and that the minutes shall be recorded to show excess and unlawful speeding in the City limits. On J. B. Ab1es~ motion, seconded by Homer Kuhl, the City Attorneyts ruling shall become part of. the finalized minutes. The motion carried five to two, R. J. McCurry and D. L. Mixon voting against the motion. The petition of J. D. Torbert for a malt beverage pouring license was denied on a vote of six to one. The location was called out as the Sherwin-G!illiams Paint Store in the Belmont Hills Arcade. The main restrictions for denial referred to State laws, high risk, capital investment and children in the ad3acent bowling; alley. Motion to deny by R. J. McCurry, seconded by Homer Kuhl, opposing the motion D. L. Mixon. A letter was read in Council addressed to Royal McBee, Inc. callin~* out an error in shipping printed water bills to the City Hall in absence of a purchase order and acknowledgement of same from the local office. The local representative, Ben Hebert, appeared in Council admitting an error and pleading that non- acceptance of the supplies received would be charged against his account. The City Hall submitted bids requested and received frorr~ a local printer at $6.40 per thousand, the high bid, Royal McBee of $7.39 per thousand plus freight from Athens, Ohio. Councilmen voted unanimously on Homer Kuhl~s motion, seconded by R. J. McCurry, as follows: Accept the shiprrlent from Royal McBee, Inc., reimbursement for same shall be at $6.40 per thousand, less freight charges, 75 (Continuation of November 16, 1864 Meeting) Application for a building permit was submitted by J. W. Kelley covering 38 buildings, 188 apartment units, by the King- Williams Land Company, total estimated cost of project, Ward Street and Cherokee Street, $1,080,000 excluding pools and play grounds. On the recommendation of the building inspector, R.J. McCurry motioned the permit be issued subject to check out of specifications, plans, and all City codes, regulations and ordinances. Motion carried. ~' Building Inspector J. W. Kelley recommended individual plot plans on four plots known as lot 8 and 8-A, 9 and 10 on Trailwood Drive; plans to call out all specifications and drainage on each lot. Motion J. C. Porterfield, seconded Homer Kuhl, unanimous. Council app roved on R. J. McCurry~s motion to waive square footage land requirements on a residential lot sold by J. J. Cook on Wills Street to Mrs. Bolling, s®conded by R. H. Wood and voted unanimous. Councilman Homer Kuhl read in Council revised schedule of bonds to be posted in connection with local and state traffic offences. Council approved the revised schedule, motion by Homer Kuhl, second by R. J. McCurry, motion carried six to one. J. C. Porterfield abstaining. Bids received and opened in council covering; police uniforms were referred by Mayor G. W. Kreeger to the police committee for check out, comparison and tabulations. The question relating to entrance to apartment project on the east side of Ward Street was brought up for discussion. The question before council hinged on a quit claim deed covering a ten foot strip of land dedicated as additional right-of-way by Mr. William Ward, Jr. to the City of Smyrna. Mr. Bennie Auerbach requested quit claim deed from the City for above mentioned entrance. Council referred all action on above to be worked out by G. C. Ingram and Mr. Auerbach. A letter prepared by G. C. Ingram and dated November 17 is recorded in the above dated minutes resolving the entrance right- of-way problem as follows: November 17, 1964 Mr. Bennie Auerbach c/o Lawyers Title Insurance Corporation Title Building Atlanta, Georgia Dear Sir: We are advised that some confusion has arisen concerning the right-of-way of Ward Road in the City of Smyrna at the point where your property joins Ward Road. The plat of survey made for you by Steed and Associates, Inc, of Hapeville, Georgia, showing your property in Land Lots 418 and L~1i.7, 17th District, 2nd Section, Cobb County, in the City of Smyrna indicates a ten foot strip of land lying between the West line of your property and the East right-of-way of. Ward Road. We do not consider this to be correct because this ten foot strip has heretofore been deeded to the City of Smyrna for the purpose of expanding the width of Ward Road, and it is considered by the City of Smyrna to be part of Ward Road at the present time, even though it has not yet been paved by the City. You have the permission of the City of Smyrna to cross ~~ (Continuation of November 16, 1964 Meeting) this strip for access to your property and it is hoped that Ward Road can be improved to tYte full extent of this right-of.-way within the near future. Yours very truly, CITY OF SMYRNA /s/ L. W. Charles L. W. Charles City Clerk LWC:cb Chairman of water committee, R. J. McCurry announced his committee would coc,rdinate with Cobb Water Authority regarding submission of plans, tie-ins and other recommendations by Hensley and Schmidt. Date of mec;titlg, 12-1-6~ at 3:00 p.m. Council deferred action on P~`,r. William Blount~s request pertaining to rezoning of six improved lots an Cobb Lane. The council agreed zoning require- ments in the area shall consist of high type C-1 restrictive business and requested (prior to advertising; definite plans for the land usage. Council set fees, on R.J. ~;cCurry~s motion, covering coin aperated laundry equipment in apartment projects ~ $5.00 per machine or device per year and 5c~ of annual fee applicable to 196l~. Motia:t carried unanimous on J. C. Porterfield~s second. Committee on safety patrols and traffic study set November 19, 195l.~, b;30 p.m., to review applicatiot:s, and prepare recommendations ire Council. At ?:00 p.m. same date committee on ward re-alignment agreed to meet. Restrictive policy on burning grass and leaves on paved streets in the City was discussed and referred to Chief of Police for follow-up. Acceptance of partial payment ort City taxes was discouraged by full council. The question was raised by a local attorney concerning sales of undeveloped lots to builders in sub-divided areas. In some cases builders attQmpt to close sales on completion of impraved lots and title cleara:tce is held in abeyance by reason that the parent company, corporation or partnership signed for and returned taxes on the entire parcel. The solution to this problem may result ir. separate returns on each undeveloped parcel w3-thin asub-division which the City thus far has not considered a firm pattern to follow. The serond solution applicable to the prablerr, follows a policy adhered to by reputable closing attorneys. This ~.'cetn ~~r'Uerec in ttlie minutes for reference purpeses and calls out the Georgia Land Corapary (Car;pbellwooca) as the Jffender and vioi~.tor of procedure and legal ethics in pz•;,perty closings. On the judgrnen% a.nd z•eco;nrnerided action by R. J. P~TcCurry, the property kn~~wn as the B. F. Reed, ~r. residence (now Earl Reedj was denied use of the pruper•ty for boardir_g house pu:cposes. Mr. ~.eed was requested to submit pEtiti.on from neighbors plus healtY: and fire inspectian repots.' October 5, 12th, and 19th minutes were approved as submitted on motion votner Kuhl, second C. 2T, Chapman. Tn final action per agenda, courxr•il cotnmetxts orr October I9E~ and year- to-date financial repasts i~ras favarable. Year-to-date expendil,urNS, all departments was $11,633.[2 under four months operating budget of $175,L12.2U. 77 (Continuati.or~ of 2rovemLer lE, 1°6l4 ~ieetirg) City Recorder, Mr. r. V. Reeves, on unanitr.o.rs rote, was granted an increase ire xnontrly salary fx°om $1G0.00 per xncnth to w125.Q0 per rnorrt}~~ effeetitie ?~Toveraber 1, 196. }'lotion by R. ~T. .~1cCurry, second by Homer Kuhl. The structure n:aved fr Jtr: Col+b County t ~~ ~®1t Roaweil Street ar~d not considered Yzabitabl.e per letter and minutes came up for 1.ega1 action by ~"'® council. It was orderer on P~. J. McCurry': motion, seconded by Horner Kuhl, to i=sue citation. from Recax•der~s Court for vi al. ati.on of City ordinar.~~es ar_d~or maintaining nuisance, afire mer~aee to sd;,acent snd occupies homes, etc. The citation or bench warx~~,.rrt shall tlot.i.fy acrd direct the owner, Mr. BI.l1.i.e E. Beaver, 1.1.1 Kirk Z'z•i.ve, Marietta, Georgia, to be and appear before Mayor any} Gounc_l, City of ;;myrna to arswer to the charges ors a date to be set by the Mayor. There beit~; no fx;,rt}~ez° Cosiness, counc~_l voted to ad3ourr~.. Ad jo=~a•r. lG : ~C p.m. , '~'over~,l;er i~, 19b1r. Ne:~t t~~eetir~~;, Decen<~;ez° i, 19EL,., 7:3C p.m. '`,. ~-° r. n.._~&'v.-.~ reeger, lay x• ~~. ax• .:~.;y er:: ~~ ~~~- ~. . ,.c •ry, ,.~ounc:.. man, ~a~° yes, ouncz rrar~, ar Finance Administratio:z anitatian ~ ~ ~z~ _~. ..~ ~ oou, ~ourci tr.ar~, ar omer .u ~., ,e~1~t~c~..xxnar:, H.ar t ParY.s & Recreation Poiicc, Fire & CD 1 .. Da~~_F~ M~.x_on, GoLZrrcx. mars, . ar ;~~ s~tat e r i ~ °~, r . ,._, . oz• ex• e , ounce man, and ~E - Str s 8~ Maintenance C. M. ~ apman, ounce man-a - arge 7~ DECE~`~BER 7, 196 The regular meeting, pursuant to Charter, was held at City Hall, Smyrna, Georgia above date and called to order at 7s30 p.m. by presidit~; officer, Mayor George 1rJ. Kreeger. All member°M of tlc~anciJ. were present. Mr. Charles Sharpe of Kennesaw Way spoke in cotxacil protesting the action which denied rezoning of his property from R-1 to C-1. T~'I0: Denial was hinged ors ~locl~> zorxing and failure to call out purpose ar•d land usage per prior minutes. Mr. Uselton, spokesman. far Estelle Court annexation, stated he would secure petition from affected horns owners and reque::ted irfcrmat:;_on on benefits, cast and approximate date of sewer installation. Request for permit (Dr. R. D. Weber} to erect one electric sign at structure, ~~i.la Cherokee Road, was denied on basis of codes coverir~ installation of signs in residential areas. Motion J. C. Porterfield, second H. Kuhl. The vote far denial was five to two. J. B. Ables and R. J. McCurry eating against the motion}. Application for building; permit, Huskey CJ.earers, f,:~x• block wall additiara to building on Concord Road was withheld pending receipt of plans and speci- fications. Motion, H. Kuhl, seconded by J. C. Porterfield, unanimous. Permits were authorized for builder Jack D. Smith for four lots on Trailwovd r~ravided lots wiJ1 be shaped and drained, creek cleared of all debris and that lots will be sodded. City engineer and building inspector to check out prior to final inspection. All this to be stipulated ir. signed letter from J. D. Smyth to council and prior to issuance of the first permit. Council approved these provisions on motion J. C. Porterfield, second, Homer Kuhl. Council voted to set hearing date to December 28, 196l~, on dispositior_ of Recorderts Court, case of John Frank Moore. Council voted six to one requesting City Clerk to demand immediate reim- bursement from King-h~.lli.ams Land Cotspar~y for 52 sewer taps, $2900.00 covering Unit No. 1 apartment project on `vJarcl Street. Motion R. J. McCurry, seconded by Homer Kuhl. J. B. AbJ.es against the motion. Bids opened far Treatment Plant chlorinator as follows: Wallace ~ Tiert~.an Inc., of New Jersey Murphey Equipment Co., Decatur, Ga. $109o.Co $1215.00 Bona bids in compliance with specifications submitted, C. M. Chapman motioned to accept low bid of WalJ_ace and Tiernan, Inc. ire the amount of $1,090.00. Motion seconded by J. C. Porterfield and ca."ried. :~'MC: See Purcl-iase Order No . 129l~.. On recantrrienda:tior? of con~tuittee and H. Kuhlrs motion, Council approved the sp~cifir..ations of Banner Uniform Company and accepted their bid covering police uniforms. Mayor, Council and City Attorney discussed tre function of new civil anti criminal court, the 1965 House ?3111, heard a repart c~?lir~~g out arr ir_crease in cast iron water pipe arzd a stop payment order covering check to City for 1962;. tares from Georgia Lard Company. Cour~ciJ. deferred conrrnittee report ors City Attart~ey appointment. Sewer installations, Cooper Lake, Reed Road and Ro&raell Street• depleted the ~ctens3~ara and Construction fund. kccot?nt as of this date in overdraft. P•TOtior; by R. J. ~4cCurx~y "We sell $7,OOO.CO U. S. Treasury Bills, invested from 1951 Sinking Fund and transfer proceeds to E & C fund to meet accounts payable, J. E. Lovern Construction! Company for balance du.e ora Roswell Street sewerage." Motion. seconded by Horner Kuhl and voted unanimous. NOTE: Revenue from tap-ons to these three trunk lines will not be due until tray or June 1965. Council, on J. C. Porterfield's motion and R. J. McCurryfs second, approved as submitted the November 1961 minutes. Council approved hiring seven safety patrol ladies and or;e alternate ~. $1.50 per hour, at estimated two hours per day far assignment at school cross over areas in the City. Trai nirg and purchase of 'uniforms was discussed. Motion by D. L. Mixon, second by C. M. Chapman to proceed with plan and hire persor_nel to start assignment January 1+, 1965. 7~ (Cottinuatior~ of Dece~~ber f, 196Z~ Meeting) R. J. McCurx°y discussed acceptance of p~•t payment, on police fine: and reported the policy of nar.~-acceptance had long; beer. in effect. Motion by R. J. McCurry and seconded by Homer Kuhl tc adh~;re to policy and that r~o part payment shall be accepted by police personnel iri payment of fines or posti.n~ bonds. Motion carried. End of agenda 12-7-E 1a . Council autt-~ori2ed discor~tinuanae of service to M. B. Ware Laundry arl So. Cobb Drive on Friday, December 11, 196Ja if balance due ors sewer Tina $725.00 hays not beery paid. A?ot.icn by R. t . T~cC~:zrt•y, second ??. Kuhl, to adopt resolution as read pertaining to locating Atlanta Gas Light Office arad appliance outlet ire Gity of ;~nyrrla. Motion to adjourn, 11:00 p.m. Ne~-t mes~t,s.ng 12-28-61~ ~~E-;~-i: i:-itif-3~3:->:=: ?..~-•i`.~;-r'-o"3:-i;-3~-K.?~3i-;; ;'e~•£?ii~i3: ;F~'~-i`. ;s-3i-~Y-if- DECEi~~3ER l~G, 1961 ~„"' mayor G. W. K.reeger called a meeting of council members to resolve City employees social security ceretract approved in July, 1961}. The contract was held in abeyance by Atlanta Director pending clarification of federal regu- latior~s relating to coverage of City police and fire depart~r:ent personnel. Motion by Homer Kuhl, seconded by J. C. Forterfield to declare the nje~ting as an official. meetir;~ of Mayor and Council. Motion carried. Present: Presiding, Mayor, G. W. Kree~rer :end all council members except C. M. Chapman. Council_ma,n R. J. McCurry reported on the July 19611 contract, reports, transmittal letters and statistics supporting tY~e contract of record and City chsck in tY~e amount of $1900.00 coverir~; remittance of one-twelfth of total advancement regiured to cover City employees under Social Security. CoU.t).Cil diSGUSSed and approved R. J. McCurry~s motion to approve and sign a new ordinance arad all papers thereto covering all employees except Police and Fire personnel, Elective Officers and employees retained on fee basis. Advance retrittarce covering one-twei.fth of contractual pay-merAt ad justed from $1}C0.00 per cheek submitted covering third quarter to $1068.17. Further, the motion requires one employee of City Police Department to apply for membership in Police Officers Annuity and Benefit Fund. Above motion, deleting discussion ~,,,,, and contract detail., was seconded by J. C. Porterfield and voted unanimously. Application for building permit covering apartment structures on Medlin Street was deferred to 12-~1-61} pending clarification of entrance on Love Street, sewer easements, etc. Council agreed to reconsider arad discuss (see previous minutes) erection of illuminated sign for Dr. R. D. Webers professional building at 1t~1-~ Cherokee Road. Interpretation of ordinance was the issue; although adverse opposition was heard regarditg the application and issuance.. of permit, Councilman R. J. ~ScCurry moved to recind previous action of Council and release permit for installation of sign. The Vote was four to two - J. C. Porterfield, Hamer Kuhl voting against the motion. Comtrittee assigri~;d to s^ teen applicants for City Attorney reported. R. J. McCurry moved (per committee approval) the appointment of N1r. Berl T. Tats of Beaver Creek Road, ~nyrr~a, Georgia, as the new City Attorney replacing G. Conley ~IG (Continuation of December lit, 19611 Meeting) Ingrar,, effective January 1, 1965 at tree current salary set for the appointed assignment ($100.OG per month). Motior.~ seconded, J. B. Ables and voted unanimous. Mot~.on to adjouxn - 9:45 p.m., 12-111-61;. Next meeting, December 21, 1961, 7:30 p.m. ~: i'cy'"; ;::~::i.'-i.-i:-3!-z->~-v-ii-:~;:-3:~c?:~3~ic-:;-i':»c:n;?ci~ ::i~~ ;• ~~ wx~ •,li. December 21, 1961 Continued meeting of P~ayor and Council was held at City Hall, above date, and called to order at 7:30 p.m. PFayor G. 4J. Kreeger presided. Council members pre: ent : R. J. McCurry, D. L. Mixon, J. C. Porterfield, Homer Kuhl and J. B. Ables. Council members absent;; C. M. Chapman and R. H. Wood. Aieetin_g was held to resolve building permits. Item No. 1 Building permit application f ox• Nir. John W. LeCraw, Jr., 274 Beverly Hills Rd., At7aanta, Ga. Apartment project -Medlin Street, Smyrna, Ga. I30 units @ estimated cost of $750,000.00 In discussion of specifications and land usage plan per plat submitted, council authorized (1) relocation of two structures (Love Street area), {2) extend connector road, Love Street into project to convect with P~edlin Street, (3) build added sei~~er manhole, Love Street easement area, (1G) grant permit, per R. J. McCurry~s motion, which passed,~subject to above restrictions and in full compliance with all existing City codes, ordinances and regulations. Motion seconded, D. L. Mixon. Item No. 2 Council agreed to issue permit for Sherwin-4u7ill.iams commercial building on So. Cobb Drive (next south of Reed Realty office) and requested applicant to revise plat snowing a fifty foot set back from So. Cobb right-of-way as called out per 1961 zoning orrinance. Motion by J. B. Ables, second R. J. McCurry. rTotion carried. Councilman R. J. McCurry proposed acceptance of Hensley-Schmidt Engineering contract with maxLmum fee @ $200.00 to $250.00 per month, and further proposed the Mayor shall sign said contract subject to above negotiated engineering fae. Councilman J. B. Ables motioned to waive established purchasing pro- cedure and place order for uniforms (Banner Uniform Company bid) far school safety patrol assignments @$1,019.25. See previous minutes for authorization setting up this required safety measure. Motion seconded by Homer Kuhl and voted unanimous . Adjourn 8:10 p.m. Next meeting December 28, 1961. d ~~: ;~~.~•~s-r~-~-~~;-r--zc-~~~~~H~~: ~: 81 December 28, 196L~ Continued meetirt~; of Mayor and Council, City of Smyrna, was held and called to order December 28, 196l~ at 7:30 o~clock p.m. Mayor Geo. W. Kreeger presided, all council members were present except J. C. Porterfield. Item 1. Estelle Court annexation Action Deferred -non-appearance of petiticners 2. Building permit - Hardy Pantry 3. Heaxir~g -John Frank Moore ~;. Progress Reports 5. I~Tov. financial statements 6. Ordinance -City Traffic Court ~ORDITIANCE Deferred t o 1-l~-65 Deferred to 1-i8-65 In wank -see 1965 minutes Discussed with comments to hold expenditures at or under budgetary limits Ca~z1~~.cilmer~ R. J. McCurry ~ Homer Kuhl moved and seconded the adoption: of the following ordinance to be entered in and become apart of the ab;,~ve dated meeting. Mwtiori voted unanimous. BE IT ORDAIT~ED by the Mayor and Council of the City of Smyrna and it is hereby ordained by authority of the same as follows: Section I: It dhall be unlawful and punishable as hereinafter pro-vi ecTTc far any persons who is under the influence of intoxicating liquors to operate any vehicle on any highway, street or thoroughfare, designated for public travel z~.thin the limits of the City of Smyrna. Section II: It shall be unlawful and purashable as hereinafter pravidec'. for any person: who is under the influence of intoxicating liquors to occupy a ve?~.icle being operated on any highway, street, or thoroughfare designated for public travel within the limits of the City of Smyrna. Section, III: Any person who is arx°ested far driving or occupying a vehic:Ie~i e urt er the influence of intoxicating liquors shall have the right to demand a blood test to determine the amount of alcohol in his blood, pra~v~ded that the cost of such test shall be borne by the person so arrested. Section IV: Any person or persens fau.nd guilty of violating Sections I and~`o~~ Ordinance shall be punished as provided under the powers granted to the City by Charter as the City Recorder may in his discretion see fit to impose. °`'~ CouncilmarA R. J. McCurry announced the first Safety Committee meeting in 1965 wi11 be held at City Hall January ~, 1965. Motion by Homer Kuhl, second by D. L. Mixon to erect STOP SIGPdS at intex•sectiorls as follows: TrJard and Powder Springs Streets, Nancy Circle at South side of Campbell Road. Motion carried. There being no other business, council voted to adjourn. Adjourn: 8:35 p.m., 12-28-6l~ next meeting, January lt, 1965, 7:30 p.m. s~ . 1 reeger, Mayo es, y erg f ~~~~ _ ~~ C ~ ~_. cur y, Councz man, ar es, Gounci~man, ar Finance & mitiistratiot; Sa ' tation rr `` ~.,~ ~ (~.J ~ ~' R. H. Wood, Counc man, Ward other , aunci man, Ward Pax°lcs & Recreation Police, Fire ~ CD i an-~e .~. Mixon, Counc man., War Water t ~ ~;/) ~. or er , ourci man, '~'~Tard ;'#6, Stre, s ~C Maintenance C. M. Chapman, Councilman-at-Large