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April 2/16, 1984 Council Meeting April 2, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 2, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Tolleson. All council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks & Recreation Director Sherry Reavis, Building Inspector Larry Dunn, Librarian Doris Morris, Civil Defense Director Jim Farley, and representatives of the press. Invocation was given by Jack Shinall, followed by the pledge to the flag. Jim Tolleson reported that Mayor Bacon was now keeping short hours at City Hall and would preside at the next meeting. Proclamation: Hugh Ragan read a prOClamation for "White Cane Day" and Jim Tolleson presented it to Lions Club member HarOld Hobbs. Employee of the Quarter: Harold Hobbs presented the EmplOyee of the Quarter plaque and check to Dell Fleming of the Smyrna Parks and Recreation Department. Citizens Reports: Norman Brenner complained of cars parked on residential streets and said he has had one vehicles parked in front of his home for 3 weeks. The City Marshal informed him the car could not be removed until it had been parked there for one month and Mr. Brenner felt the law should be Changed. Variance: Robert Mobley represented Trammell Crowe in their request for a variance on the rear yard setback from 50 feet to 20 feet for construction of a new office building on Lake Park Drive. Mr. Mobley said they were constructing two buildings; one a 2 story office building and the other an office service center, similar to a complex they had built in DeKalb County. Approximately 850 square feet of the office service center building encroaches into the setback adjoining residential property. B. Wilmont Williams, owner of the adjacent property, stated he was opposed because there would be no undisturbed buffer along this area and he felt it would be detri- mental to his apartment development. Mr. Williams said the plans he saw indicated loading docks in the area, which would be facing his development. Mr. Mobley said if the variance was not approved it would create a hardship on them, since the 850 square feet in question would have an economic value of approximately $75,000. Max Bacon asked if they could not reach an agreement on the buffer. Mr. Williams said this could have been addressed by thei:t' Architectural Review Board and worked out, but the plans as submitted would have an adverse affect on his prop- erty. Mr. Mobley said he presented plans to John Williams and Barry Teague 8 weeks ago and it was his understanding they had been submitted and approved by the Architectu:t'al Review Board. Mr. Williams said there was some misunderstanding because the variance was not brought to his attention prior to seeing the sign posted. After further discussion, James Williams made a motion the variance be denied. Hugh Ragan seconded the motion which carried 6-0. Variance: Joe Lankster represented B. Wilmont Williams in his request for a variance from Section 503 of the zoning ordinance. Mr. Lankster said they were requesting approval to use a 6 foot screen f'ence in lieu of a lO foot planted buffer on the northern boundary of their proposed office park building on Lake Park Drive. Mr. Williams is also the owner of' the adjacent property where he has maintained an undisturbed buffer of approximately 15 f'eet along the boundary of' subj ect tract. Mr. Lankster said the variance was necesasry due to the slope of' the property. James Williams said he would rather they use an 8 foot fence rather than the 6 foot requested, and made a motion the variance be approved to use an 8 f'oot fence in lieu of tbe planted buffer. Jack Shinall seconded the motion which carried 6-0. Variance: Joe BOling represented Dr. Richard Franks in his request for an addition to his office at ll05 Concord Road. Mr. BOling said the addition would be to the front of the building, leaving a 40 foot setback instead of the 50 feet required. Doris Morris was opposed and asked why the addition could not be to the rear of' the building. Mr. Baling said the parking area is in the rear and he would lose too many parking spaces. Jim Hawkins said we have had problems with zoning regUlations on Concord Road and felt this would be setting a precedent. Jim Hawkins made a motion the variance be denied since it would not impose a hardship on the applicant. Hugh Ragan seconded the motion which carried 5-1, with Jack Shinall opposed. Jim the recognized former council members Sarah Jones and Earle Cochran in April 2, 1984 - Continued Commercial bUllding permits were presented by Inspector recommendation, the following approved: (1) Tenneco building at be approved seconded the at 2610 Cobb Parkway requested a permit to enclose a total estlmated cost of $14,000. Jim Hawklns made subj ect to approval of the City Engineer and Fire motion which carrled 6-0. a portion of their a motion the permit Marshal. Max Bacon Bid Opening: Bids for a rotary mower were opened, read and recorded as follows: Cobb County Tractor Coxwell Tractor Lawn & Turf $1,197.00 $1,088.93 $1,533.00 10-14 day dellvery 15 day delivery ]-5 day delivery Jack Shinall made a motion the bidS be turned recommendation back to full council at the motion which carrled 6-0. over next to the Parks Committee with their meeting. Max Bacon seconded the Bid Award: Jim Hawkins made a motion bid for equipment for the fire trUck, seconded the motion which carried 6-0. that being Harry Harless the total low Company bidder. be awarded the James Williams Cable TV Franchise: Max Bacon said the original franchise agreement with Smyrna Cable TV signed in 1966 would expire in 1986. Max Bacon made a motion the new franchise agreement be approved. James Williams seconded the motion which carried 6-0. (Copy to be made a part of these minutes) Jim said he had recently received letters on Parkway concerning road recently. Max Bacon made streets to be approved by the the motion which carrled 6-0. speeding and there a motion Village State for the use from property ownerS and residents have been several wrecks on that Parkway be added to the list of of radar. James Williams seconded Max Bacon stated that April 1st had been set as the target date to begin trash and garbage in the newly annexed Rose Garden Hills Subdivision~ Trash pickup is no but there is not enough time to install the underground garbage cans at all the homes within the short time period. Raymond Fowler, a representative of BFI explained the use of the Herbie Curbie containers as a temporary service until the underground cans can be installed. This is a pilot program that is offered by the manufacturer to the City for a 60 day trial period, at no cost. If we decide to the equipment, the cost of the containers is about $50 each. Each can has number on it and there would be a certain amount of responsibility to if the cans should be lost or damaged. Mr. Fowler said after the 60 day he would clean the cans and return them to the manufacturer if we decide not to use them on a permanent basis. Jack Shinall hurting the has asked if we had the personnel to pick up the new containers, without servlce of other residents in the City. Vic Broyles said a partial route been lined up and they can start installing these containers immediately. Max for Bacon 60 made a motion the Herbie Cl.lrbies be installed as an emergency measure wi th the homeowners :l:'el';lponsible for the containers and a committee back to full council as to whether or not to retain these containers underground cans. James Williams seconded the motion. Jack Shinall said in opposition because he felt we could get the underground containers one month. Max Bacon said the report he received from Eddie Bessettee would take 3 months to get all the underground equipment installed. motlon carried 5-1, with Jack Shinall opposed. was Vote made be seconded Xn reference to the proposed Charter amendment, the Smyrna Police Depa:t'tment presented a petition and statement of the members of the pOllee department under -the Civil service system oppositlon to the removal of the Chlefs from Civil Service. Sam Fire Department also presented a petition signe('l by 40 officers encouraging Councll not to remove the Chiefs from Civil Service. a motion the propOli3ed changes in Civll Service law, Section 77 advertised for 3 weeks and a public hearlng set for April 16th. the motion. With ing anythlng to the petitions, J:im Hawkins stated Council was not pass:ing or chang- tonight. This is just to advertlse that a public hearing will be held to consider the amendment. AlSO, he received the first draft council had not had time to discuss the amendment as a group, in general about some things they felt that should be changed. 6:30 they tonight and have talked at but Mr. Camp said the proposed amendment offe:t'ed three alternatives. '.rhe first is to remove the Chiefs from Civil Service; second to include Chiefs and any other department heads under Civil Service after a 12 month probationary period, but not as to the hiring of the same; or third, to do nothing and leave the Charter section as is. Jim Hawkins expressed his concerns that members o~ the police and fire departments apparently had copies of the amendment before he had seen it. Jack Shinall said he alSo wished the ordinance had been received prior to anything going to the news- paper and would like to wait until the next meeting before advertising ~or a public hearing, to give them time to study the amendment. Jack Shinall made a motion this be tabled to the next meeting. Motion died for lack of a second. Vote on the original motion carried 5-1, with Jack Shinall opposed. Clean City Committee: James Williams deferred his appointment to the next meeting. Jack Shinall made a motion Committee representing Ward 6-0. that Charlotte Dorsey be appointed to the Clean City 5. James Williams seconded the motion which carried Announcement o~ Grant; Jack Shinall stated that part of the largest expense in maintaining King Springs Pool is heating. We applied for a Grant with the Office o~ Energy Resources to use passive solar energy and it has been approved. Jack said he hoped this would save some o~ the heating expense in the future. This Grant was one of 15 approved in the enti:t'e State. Approval approved of Minutes: Jim Hawkins made a motion the minutes of March 12 as submitted. Jack Shinall second.ed the motion which carried 6-0. be 19 and Jack Shinall made a motion a parade permit be approved fo:t' the opening day of Smyrna Little League, April 28th. Jim Hawkins seconded the motion which carried 6-0. Max Bacon said the Clean City Committee had its first meeting last Wednesday night. There will be a seminar in t;h",,'~North .-GelDx[i'gia area on May 30 and 31 which will give information we need to get the program off the ground. They recommend that 3 repre- sentatives attend the meeting, which is $75 per pe:t'son and Max said he would like to send 7 people, consisting of representatives of the civic clubs, the appointed members of the committee and some o~ our city staff. Max Bacon made a motion that $525 be approved for the seminar. James Williams seconded the motion which carried 6-0. Committee Reports: Max Bacon said there will be a Clean City Committee meeting this Wednesday at 7:00 p.m. (Police) Chief Little said he wanted to assure did not call the newspapers about the proposed and he has tried to not get involved. Council that the Police Department Civil Service charter amendments, (Parks) She:t':t'y Reavis reported on upcoming events in the Parks and Hecreation Department. (Library) Doris Morris reported on library activities. Kathy Brooks said she was enthused about a well organized program that can help our the Clean City community. felt was it Committee and Hugh Ragan said at the last meeting, he made an appeal to the citizens traveling on Concord Road to obey the speed limits. This past weekend there was another accident and was told by a resident there that there have been 58 accidents in the last 15 years on Concord near Havilon Way. This is a very serious problem and Hugh said he had talked to Jim Hawkins today about the possibility of setting up a committee to study the situation and make some recommendations. (Streets) Vic Broyles said the State paving crews came in today by surprise but thei:t' work is being hampered by cars parked on the street. Jim Tolleson asked Vic Broyles to have someone remove the signs in front of Jonquil Plaza shopping Center. April 2, 1984 - Continued Jim Tolleson reminded everyone of the Department Head meeting tomorrow morning at 10:00 a.m. Announcements: Next council meeting April 16, 1984. '- With no further business, meeting adjourned at 9:01 p.m. ************************ April 16, 1984 The :t'egular scheduled meeting of Mayor and Council was held April 16, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A:t'thur T. BaCOn. All Council members were present. Also present was City Attor- ney E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Hubert Cochran, Assistant Fublic Works Director Vic Broyles, Parks & Recreation Director Sherry Reav;is, Assistant City Clerk Melinda Hiatt, Building Inspectpr Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris, and repreElentatives of the press. Mayor Bacon expressed his apprec;iation to everyone for their cards, prayers and thoughts during his recent hospitalization. Invocation was given by Kathy Brooks, followed by the pledge to the flag. Citizens Reports: Eddie Vonic again this year and asked for project. stated the Optimist everyone's support Club was selling Vidalia onions in this worthwhile fund raising Jim Tolleson at ion, next said he had talked with Marguerite Little today and variance requests and made a motion these Max Bacon seconded the motion which carried 7-0. concerning her annex- items be tabled to the Commercial building permits were presented by Inspector Larry Dunn, and upon his recommendation the following approved: (1) Crow, Child:pess & Mobley requested a permit center building at 1900 Lake Park Max Bacon made a mPtion the permit City Engineer and Fire Marshal. Jack Shinall for construction of' a one story Drive at a total estimated cost be approved subj ect to approval seconded the motion which carried ( 2 ) Crow office Jim Tolleson Engineer and Childress & Mobley requested a permit for construction of a two story at 1950 Lake Park D:t:'ive, at a total estimated cost of $1,720,000. made a motion the be approved SUbject to approval of the City Fire Marshal. Max Bacon seconded the motion which carried 7-0. (3) Post Properties requested a permit for construction of The Gardens Village at 2087 Lake Park Drive at a total estimated cost of $11,000,000. leson made a motion the permit be approved subject to approval of the City and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. of Post Jim Tol- Engineer (4 ) Pa:t'k total be approved subject seconded the motion requested a building permit for construction in Highlands cost of $715,000. James Williams made a motion the permit to approval of the City Engineer and Fire Marshal. Jack Shinall which carried 7-0. (5) 5230 the permit be James Williams Industries a permit for construction of Drive at a total cost of $920,000. Hugh approved subj ect to approval of the City Engineer seconded the motion which carried 7-0. Inn at made a motion Fire Marshal. (6) at 3800 motion Marshal. J. Jones requested a permit for a sales office for South Cobb Drive at a total estimated cost of $60,000. permit be approved subject to approval of the City Brooks seconded the motion which carried 7-0. Mill Pond Village Hugh Ragan made a Engineer and Fire April 16, 1984 - Continued (7) Halpern Enterprises :t'equested a permit for an addition to Belmont Hills Shopping Center at 1020 Che:t'okee Road at a total estimated cost of $575,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. (8) Fouts Brothers requested a permit for construction of a new building Atlanta Street at a total estimated cost of $50,000. Kathy Brooks made the permit be approved subj ect to approval of the City Engineer and Fire James Williams seconded the motion which carried 7-0. at 2158 a motion Marshal. (9) Henry Scott requested a permit for construction of a metal building at 270 Pat Mell Road at a total estimated cost of $28,000. Kathy Brooks made a motion the permit be approved subject to approval of the Oity Engineer and Fire Marshal. <Jim Hawkins seconded the motion which carried 7-0. (10) Shoney's at 3817 South Cobb Drive requested a building permit for an addition at a total estimated cost of $26,000. Jim Hawkins made a motion the permit be approv- ed subject to approval of the City Engineer and Fire Ma:t'shal. Jack Shinall seconded the motion which carried 7-0~: ( : Ridgeview Institute: Mayor Bacon read the following statement concerning the ofrer by Ridgeview Institute, to purchase the City's interest in the hospital. In 1975, Ridgeview Institute, a non-profit psychiatric hospital, was constructed on South Cobb Drive in Smyrna. through funds obtained by a tax exempt bond offering. Although the City was not a party to the bond offering and had no obligations in it, the then Mayor and Council encouraged Ridgeview to locate here for the benefits to the City. Since then,. Ridgeview has obtained a national reputation ror abuse treatment of adolescents and proressionals. The non-prOfit corporation which owned and operates the hospital, in 1982 to re- finance the bonds, donated and gave legal title to the City subject to a 30 year lease and agreed to pay a minimum of $ 35,000.00 per year lease payments. To induce the City to accept this windfall, they then paid the City $500.000.00 cash. Presently, the hospital emplOYS approximately 360 employees and is the largest em- ployer in the City of Smyrna. Over the past several years the nonprofit corporation has made voluntary annual donations to Smyrna charities amounting to approximately $14,000.00 each year. Ridgeview has continued to contribute to the reputation of the City, as well as financially. Ridgeview has 28 years remaining on its lease and wishes to purchase the legal title presently owned by the City of Smyrna. Based on an appraisal prepared by an I>TAI specializing in hospital appraisals, which has been reviewed by an independent ap- praiser and two financial advisors, the nonprofit corporation has offered to purchase the legal title, subj ect to <the existing bond indebtedness of $8,100,000.00, for $2,070,000.00 cash at closing. This price is about $250,000.00 above the value given by the appraise:t's. I recommend the City Council accept the offer of Ridgeview Institute -to purchase the City' s interest subject to the bond indebtedness, for a cash purchase price of $2,070,000.00. I further recommend the bidding process be waived if such waiver is possible in the opinion of the Attorney General of the State of Georgia and/or the Attorney for the City of Smyrna. Jim Tolleson made a motion the proposal be accepted, seconded by Jim Hawkins. Jack Shinall said it was his opinion that they would surplus the property tonight and place on the market for the bid process. Mayor Bacon said we have written the Attor- ney General for a ruling on waiving the bid process and if we cannot, then we will go through the bid process. Further, we have conducted a sewer study and it is es- timated that it will cost $4 million to bring our sewer system up to standards, which the State expects us to make immediate improvements on. The interest rate to issue bonds to finance this project is 9 to 10% and will cost about one-half million dollars a year to pay back. Mayor Bacon said he also felt this would necessi- tate a tax increase. Jack Shinall said it was his understanding there were two proposals to be considered tonight. One a cash proposal and the other, cash plus an estimated payout over the next 20 years. Attorney Oamp said the terms of the sale did not have to be determined tonight. AlSO, he is not sure if the bid process can be waived and for that reason has asked Apr~l 16, 1984 - Continued for a the ~n terms, from the Attorney General. Mr. Camp said if council decided to surplus tonight, they CQU~1 ~gkeL~ids in two alternatives; cash now and balance or all cash. Jack Shinall said the City openly stated that this is proposal should be accepted. did secure financial advisors on a good price for the property; this his proposal argument and both is which After further discussion, the motion and second made a IDot:ion the property be declared surplus a contract with Ridgeview, or request bids if we seconded the motion which carried 7-0. were withdrawn. Jim Tolleson then and the City agree to enter into are required to do so. Jim Hawkins Mayor Bacon called for a 5 minute recess. The meeting was reconvened by Mayor Protem Jim Tolleson. Community Development Block Grant: Jim Tolleson read a list of projects to be com- pleted under the 1984-85 Community Development Block Grant program, totaling $152,533. Jack Shinall made a motion the project lj_st be approved. James Williams seconded the motion which carried 6-0. Jim Hawk:ins said he had received a request for approval of radar on Concord Road west of WaY; Campbell Road from the bridge to Spring Road; South Cobb Drive to and Ridge Road near Cedar Ridge. Chief Little sa:id the State must approve all roads for use of radar. Jim Hawkins made a motion that Chief Little be authorized to con.tact the State concerning radar use on these roads with their recommendation back to council. Max Bacon seconded the motion. Chief Little also said the State would study the speed limits and determine if they should be in- creased. Vote on the motion carried 6-0. the Bacon on Jack Shinall made a motion that Coxwell Tractor be awarded the bid for mower for Parks and Rec:r'eation, being the low bidder at $1,088.93. Max the motion to award the bid, to be paid from Revenue Sharing. Vote carried 6-0. James Williams made a motion that Rhonda Morr:is be appointed ee representing Ward 3. Max Bacon seconded the motion which 6-0. Jim Hawkins said at the last meeting he made an errant statement had a news conference concerning the Civil Service Charter amendment. He found out later that was not the case, and he wanted to apolo- gize. Jim Hawl;;:ins said an ad was Placed in the newspaper advising council . s inten- tions of changing the Charter concerning Civil Service laws. After meeting with the Civil Service Board and the committee, he asked the City Attorney to draw changes that be considered. Jim said the original draft was much stronger than he and it is the general consensus that council consider Section 77-9, option. Basically, there were two options; one to remove heads of Police authority of Civil Service and the other that council take the final and put into the hands of the City Council. The second option would the Chiefs under protection of Civil Service law. If approved, they the names of everyone applying for the position and counci.l would deter- most qualif~ed person. Jim Hawkins read the proposed'amen~ment,as follows: in By deleting present Section a new Section 77(9) (a), 77(9) (a) ( b) and (c) in as its entirety follows: and substitut~ng Section 77(9) Department Head. of the pOlice the fire department and all other under Civil ect to and serve under the provi- Civil Service act after completion of the twelve period, except in the manner of filling a vacancy for such shall be conducted as provided in this section. (b) event a vacancy shall occur in the ment, of the dol ice department, or the Civil in the City of SmY:r'na, Mayor and or department head who shall hOld such office is appointed as herein provided. office of chief of head of any other Council may appoint until the chief or fire depart- under an acting chief department head (c) In the event a vacancy shall occu:t' in the office of chief of the fire department or chief of the police department, or head of any other department under Civil Ser- vice in the City of Smyrna, the Civil Service Board shall accept and review all applications for such office, test and interview all applicants in accordance with the procedures established for filling other vacancies and thereafter submit to Mayor and Council the names, test results, and applications of all qualified eligible applicants, with all recommendations, comments, findings and minutes of the Civil Se:t'vice Board as relates to each applicant; the:t'eafter Mayor and Council may select such applicant deemed best qualified to fill such positions or request additional applications be taken by the Civil Service Board. Section 4: By deleting present Section 77(14) in its entirety and substituting in lieu thereof a new Section 77(14) as follows: Section 77(14). Minutes and Records of Board Business. Said Civil Service Board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be on file in the office of the Clerk of the Mayor and Council of the City of Smyrna. The Clerk of the Board, or his designee, shall attend all meetings of said Civil Service Board and shall keep the minutes and records of smne. Jim Hawkins said the second amendment means the test results will be on file with the Clerk but are not open to pUblic inspection. Jim Tolleson stated the Charter now says a qualified applicant must be 21 years of age, a U.S. citizen and be of good moral character, but does not spell out the qualifications. The operating rules of the Civil Service Board states the qualifica- tions will be set by the Board with approval of Mayor and Council. Jim Tolleson said this means the Civil Service Board and Mayor and Council will agree on the standards for qualifications. Several people from the audience spoke in opposition to the amendments and expressed their concern that it would put politics back into the selection of Chiefs. Attorney Camp re-emphasized that the Civil Service Board will set the standards for hiring. The council does not set minimum requirements, and will not in the future. Af'ter further discussion, Jim Tolleson said a vote will probably be made the last meeting in May. Ed McVeigh requested approval fo:t' use of a construction trailer for Shopping Center at 1820 Spring Road. Max Bacon made a motion the permit for one year. Jack Shinall seconded the motion which carried 6-0. Spring Road be approved Glen S. Valenta requested approval for use of a construction trailer at Ridgeview Hospital. Max Bacon made a motion the permit be approved fo:t' one year. James Williams seconded the motion which car:t'ied 6-0. James Williams made a motion the one hour parking signs on the west side of Atlanta Road be removed and replaced with "no parking" signs, from Sunset Avenue to Concord Road. James said the parking is creating a safety hazard and also the vehicles park- ing on sidewalks are breaking the covers of water meters. Jim Hawkins seconded the motion which car:t'ied 6-0. North Smyrna Park: Jack Shinall said we have received several letters from the Department of Interior concerning the 77 acres donated to the City in 1976. There are certain requirements that must be met and we are in jeopardy of losing the prop- erty if we do not meet certain deadlines. Jack asked everyone to review the informa- tion given and they would meet on April 23rd to reach a decision on proceeding with the development, if' we retain the acreage. Committee Reports: (Sanitation) Max Bacon said that May is clean up month and the City will have special trash piCkUps every weekend. Additional dumpsters will be placed at City Hall, Ward Park, Jonquil Park and the Sanitation Office on Smyrna Hill Drive fo:t' the month of May. (Public Safety) Jim Hawkins said an engine a 1967 pumper, and we are getting estimates on had blown in one of having it repaired. our fire trucks, Jim Hawkins said at the last meeting, they discussed the high accident cord Road at Havilon Way. As a result, they have formed a citizens study the intersection and make :t'ecommendations to Mayor and Council. Pete Wood, Phagan Durham and Sgt. Fe:t'guson of our Police Department rate on Con- committee to Jim said that had agreed to April 16~ 1984 -Continued serve on committee and make written:t'ecommendations. (Parks) Sherry Reavis reminded everyo~e of upcoming events in the Parks Department. (Library) Doris reported on library activities. Kathy Brooks said there was an week which they felt was caused said the bvsh had been removed by on Cherokee Road at Burbank Circle this blocking the view of both drivers. Kathy at our request. Hugh Raga~ thanked Jim Hawkins for setting up his committee to study the speeding problem we have in the City. Hugh made a motion the rules be suspended. Jim Hawkins which carried 6-0. the motion be said we had received a from Struck Construction Company requesting a construction trailer Highlands Park. Hugh made a motion the permit for one year. Jack Shinall seconded the motion which carried 6-0. Hugh Next council meetinglYli3-Y 7, 1984. With no further business, meeting adjourned at 8:45 p.m. ARTHUR , MAYOR " antenna · me..<n"lS " "CAW radio aJ,r transm:lt for a fee. any person, kind. of the is Cable lAibo and to construct, of t:h:is 24-13 . '!'he ca:use t'l:1e or t'he other the U8\,U,;)], travel on The 'Way. like the s~. and t'he Grantee The Grantee hours sd:vance not:Lce to i.ts to o:r and of t'he so as to contact w:ith the 'W1:res sha.ll , si.dewalks. and the brandhes and at of to the msx:imJm ~tant that Grantee to so. w:itho\.tt of the locat:Lon. :Ls and o:r in any ot:her to obt:ai:n t'he and cab1e and other Distr:Lbu,t:ion sha1.1 Such and be in E1ectrica1 Code the Ord:lnsnces ar\d nat:ure. and of w:ith event their fran the of ~k "Which may :i:r.I:vo1ve the Gra:ntee person or, 'When , that to to as w:lthin CA..T"! Ol.ltdo::>r and. maintain h::ts ass:ist:a:nts te~ev:ls:ion in accordance SECTION Frm~h:ise the Grantee 'Wh:Lch t:he of t:h:ls but: s~~~ not be to , and. a~l other maintena:nce of t:he or em1ss:ion of :is Frsnch:lse. Fra:n.ch:ise the Grantee s~ll pay an.d :its agrees :i t w:ll~ pay a~~ of the The Grantee Franchi.se of th:is Franch:ise w:lt:h to a~l mi:nim.m smoun.ts :it :i.nsuraxlce :tnent:ioned :in 000.00 for w:lthin the l.:!:m:lt. ~. of :from any one 00 acc:.ldent. for the Grantee aDCIUnts to hereto or necessary to :in effect that lD/1.lY be or be SECTICN' a:ny ~gency or make the el:l'lergeDCY or ~ of Grantee facilities shall. :not Grantee shell. te1evis:ton receivers. radio receivers or d:tscra:nblers end the term of this Franchise Sl:1d any of its sb.areholders This as for ,end or Gr,entee . s. free proper sound on the state with cables or at aXL out1.ets with other as l:i:m:it no ~t:rat:e co1.or .smd EM band. cont:U::luous SEC'l'ION 24-21.. sha1.1. render in SEC:TI:ON the of or to of Grantee or any to of Section 24-35 upon 10 Th:Ls Fl.:".snchi.se and take effect as far of the w:lth and a.b:lde Such 1:lefare a. a.dnd.rrl.ster to to. ar on Serv:ice to to Counci.~ to CATV Franchi.se for to of be resolut:LCXl. No or to Grantee the devoted to CATV or a than. respect to the wi thin Number of Channel.s. distr:ibut:ioo. system sha1.1. be of at ch.a:r:lnel.s. Fttrther. the Grantee make the COUl:lc:i1. one channel. for ed:ucat:iona1. TV other non-~c:ia1. serv:tce for the benef:it of 13 24-35. a:nd and reasonable, he:re1.Jl:'lder the Atlanta area. Council shall have the to ca:use the Grantee' Service subsection hereof. , no Grantee s rates under this thereof and an beert the the futu:re, the State of the rates federal to shall of extent of any any ad:va:nce pa~ts the date hereof. SECTION fees which Subscriber Refund on of the serv:Lce b€!cause of the Gra:n.tee' s failure to render of a and for of 1ess than six -months is term:t.Tlated without Grantee ceases to operate t'he CATV except of subscriber an amount of Costs. cost of acceptance of tms -14-- .' 24-38. sentence, such shall be deemed a and such shall not affectt:he hereof. of