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12-05-1983 Regular MeetingDecember 5, 1983 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 5, 1983. The meeting was called to order at 7:30 o'clock p.m. by presi- ding officer Mayor Pro Tem Elbert Coalson. 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, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Build- ing Inspector Larry Dunn, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the Flag. Elbert Coalson stated tht Mayor Bacon's sister was in the hospital in critical con- dition and asked everyone to remember her in their prayers. Citizen Reports: Sue Brissey said she had been contacted by several business people in Smyrna expressing their displeasure with 5 businesses on South Cobb who are oper- ating their business on the right of way. Mr. Coalson said we would turn this over to City Marshal Gene Golden and if we don't receive cooperation, would turn it over to the State since it is on their right of way. Public Hearing: Attorney Camp said we have received several requests from builders to raise the maximum height of structures from 35 feet or 3 stories, to 55 feet or 5 stories. There were no questions or comments from the audience and Jim Tolleson made a motion that Section 802 of the zoning ordinance be amended to allow structures of 55 feet or 5 stories. Jack Shinall .seconded the motion which carried 6-0. Annexation: Jim Tolleson made a motion the Charles G. West property on Elmwood Drive, Land Lot 666 be annexed into the City to become a part of Ward 1, the legal description having been read and made a part of the minutes of •November 7-, 1983• Jim Hawkins seconded the motion which carried 6-0. There was no opposition to the annexation request. Validation of Signatures: Stanford Troup requested annextion of property on Pat Mell Road and the application was read by Attorney Camp as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69- 912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 349 of the 17th Dis- trict, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the East side of Old Concord Road 111 feet more or less North from the North right of way of Pat Mell Road; thence North 01 degrees 51 min- utes 36 seconds East a distance of 350 feet to an iron pin; thence South 88 degrees 08 minutes 24 seconds East a distance of. 280 feet to an iron pin; thence South 01 degrees 51 minutes 36 seconds West a distance of 350 feet to an iron pin; .thence North 88 degrees 08 minutes 24 seconds West a distance of 280 feet to an iron pin set at the point of BEGINNING. WHEREFORE, THE UNDERSIGNED SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLI- CATION FOR ANNEXATION TO THE,CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/STANFORD TROUP Jack Shinall made a motion the signature be validated and the public hearing set for January 3, 1984. Max Bacon seconded the motion which carried 6-0. Bid Opening: Bids for an Emergency Management rescue vehicle were opened, read and recorded as follows: National Sales & Service $30,000.00 - FOB Orlando, Florida Box 1047 Smyrna, Georgia December 5, 1983 - Continued American Safety & Fire House 3858 Oakcliff Ind. Court Atlanta, Georgia Counts Rescue Equipment Box 903, Highway 76 Ballentine, S.C. Harry.Harless Co. 109 So. 43 Rd. Birmingham, Alabama Wade Ford 3860 South Cobb Drive Smyrna, Georgia $27,997.00 $16,893.50 - Less Chassis Bid on equipment only No bid No bid James Williams made a motion the bids be turned over to the Public Safety Committee with their recommendation back to full council on December 19th. Sarah Jones seconded the motion which carried 6-0. Bid Award: James Williams said there was some question about the bids received on carpeting the Detective Bureau due to the drastic difference in .prices. James made a motion the bid be awarded to B&M Carpet, the low bidder at $1,635.42 provided the carpet and padding meets specifications. If not, the second lowest bid will be awarded by Mayor and Council at the next meeting. Max Bacon seconded the motion which carried 6-0. There were no commercial building permits. Ordinance Amendment: Jim Hawkins stated that due to a recent court case in Decatur concerning the method of collecting insurance premiums tax our ordinance had been re -drawn by Mr. Camp to comply. The ordinance reads as follows: Section 14-12 An ordinance to impose license fees on life insurers conducting business within the City of Smyrna; to impose a gross premiums tax on insurers operating within said city; to provide an effective date; to provide for certain reports; to repeal conflicting ordinances; and for other purposes. BE IT ORDAINED by the Mayor and Council of the City of Smyrna, and it is hereby ordained by authority thereof; that Section 14-12 of the Code of Ordinance of the City of Smyrna is hereby repealed and that a new Section 14-12 of said Code is hereby adopted titled Insurance Company License Fees which shall be as follows: Sub Section A Life Insurers License Fees. There is hereby levied for the year 1984 and for each year thereafter an annual license fee upon each life insurer doing business within the City of Smyrna in the amount of Seventy -Five Dollars ($75.00). For each separate business location in excess of one not covered by Section 2, which is operating on behalf of such insurers within the City of Smyrna, there is hereby levied a license fee in the amount of Seventy -Five Dollars ($75.00). For the purposes of this ordinance, the term "insurer" means a company which is authorized to transact business in the class of insurance designated in subsection 1 of O.C.G.A. 33-3-5. . Sub Section B License Fee for Life Insurers Insuring Certain Risk at Additional Business Locations For each separate business location, not otherwise subject to a license fee here- under, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term Tinancing and in con- nection with such loans or sales, offers, solicits or takes application for insurance through a licensed agent of a life insurer for life insurance said insurer shall pay an additional license fee of $75.00 per location for the year 1984 and for each year thereafter. Sub Section C Life Insurance Agency License Fees; Independent Life Insurance Agencies, Brokers, etc. not Otherwise Licensed There is hereby levied for the year 1984 and for each year thereafter an annual license fee upon independent agencies and brokers for each separate business location from which a life insurance business is conducted and which is not subject to the December 5, 1983 - Continued company license fee imposed by Section 1 hereof, in the amount of Seventy -Five Dol- lars ($75.00) for each such location within the City of Smyrna. Sub Section D Gross Premiums Tax Imposed on Life Insurers There is hereby levied for the year 1984 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the City of Smyrna in an amount equal to one percent (1%) of the gross direct premiums received during the calendar year in accordance with O.C.G.A. 33-8-8.1. Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. 33-8-4. The premium tax levied by this section is in addition to the license fees imposed by Section 1 of this ordinance. Sub Section E Gross Premiums Tax, All Other Insurers In accordance with O.C.G.A. 33-8-8.2, there is hereby levied for the year 1984 and for each year thereafter an annual tax based upon the gross direct premiums on each insurer doing business in the City of Smyrna at the rates set forth below: Commencing Janury 1, 1984 through December 31, 1984 3.5% of the gross direct premiums: Commencing January 1, 1985 through December 31, 1985 3% of the gross direct premiums: Commencing January 1, 1986 and every year thereafter 2.5% of the gross direct premiums received during the calendar year. Insurer as used in this section shall mean any insurer other than an insurer trans- acting business in the class of insurance designated in subsection 1 of O.C.G.A. 33-8-8.2(a). Sub Section F Due Date for License Fees License fees imposed in Sections 14-12A through 14-12C of this ordinance shall be due and payable on the 1st day of January 1984 and on the 1st day of January each subsequent year. Sub Section G Administrative Provisions The City Clerk is hereby directed to forward a duly certified copy of this ordinance to the Insurance Commissioner of the State of Georgia. Sub Section H Effective Date This ordinance shall become effective Janury 1, 1984. Sub Section I Severability In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the City Council of the City of Smyrna that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not originally a part of the ordinance. Sub Section J Repealer All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 14-12.1 Insurance Company Reports (A) Every life, accident and sickness insurance company doing business within the city and subject to the tax herein imposed shall file with the city clerk on forms prescribed by the clerk, a report showing the names and addresses of its agents representing such company in the city, the location and person in charge of each business location within the city operated and maintained by such company; the class- es of insurance written; and such other reasonable information as may be required, and, in addition, shall furnish complete information regarding the premium received, by class, from applicable policies written on risks residing or located within the city. Such report shall be made over affidavit of an officer of such company. It is hereby declared to be a violation of this Code for any person or his agents to knowingly give false or incomplete information on any such report. Said report shall be filed at the time of paying the license fee and premium tax. (B) The person responsible for each such insurance business location subject to license fee hereunder shall file with the city clerk a report, on forms prescribed December 5, 1983 - Continued the clerk, showing the address of the business location; the class or classes of insurance written; the names of the person writing insurance at such location; the name of the companies represented; and such other reasonable information as may be required. Such report shall be made over affidavit of the person in charge of such business location. It is hereby declared to be a violation of this Code for any person or his agents to knowingly give false or incomplete information on any such report. Said report shall be filed at the time of paying the license fee. (C) All reports required to be filed shall be confidential and the information contained therein shall be solely for the use of the officers of the city responsible for administering this section. - (D) The fees and taxes may be enforced by execution in the same manner as other taxes of the city. A violation of this section shall be grounds for refusing or revoking a license, and the person responsible may be punished as for violation of any other city ordinance. Jim Hawkins made a motion the ordinance amendment be approved. Max Bacon seconded the motion which carried 6-0. Jim Tolleson made a motion the first meeting in January be changed to Tuesday, Jan- uary 3, 1984, and the second meeting in January be changed to Monday, January 23, 1984. James Williams seconded the motion which carried 6-0. Jim Hawkins made a motion the minutes of November 7, 1983 be approved as submitted. Jack Shinall seconded the motion which carried 6-0. Jack Shinall made a motion the minutes of November 21, 1983 b'e approved as submitted. Jim Hawkins seconded the motion which carried 6-0. James Williams made a motion the minutes of November 28, 1983 be approved as sub- mitted. Jim Hawkins seconded the motion which carried 6-0. Committee Reports: (Streets) Jack Shinall said that a portion of Memorial Drive and Church Street would be blocked from 7:30 p.m. to 8:30 p.m. on December 8th, during the Christmas Tree lighting. Jack Shinall said we had been working with Mr. Camp to see how we can get our money back for the curbing machine. (Parks) Sherry Reavis reminded everyone of the Festival of Music and Tree Lighting ceremony this Thursday. Max Bacon said the beautification program had started on Atlanta Road at Belmont Hills thanks to Public Works and Parks and Recreation. ' (Sanitation) Jim Tolleson said there would be a special trash pickup for the next two Saturdays,,beginning this week. All leaves and pinestraw should be bagged. (Library) Doris Morris reported on library activities. Announcements: Tree lighting on December 8th; CMA meeting on December 13th; next council meeting December 19th. With no further business, meeting adjourned at 7:52 p.m. December 19, 1983 The regular scheduled meeting of Mayor and Council was held December 19, 1983 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Assistant City -Clerk Melinda Hiatt, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Building Inspector Larry Dunn, Sanitation Super- visor Eddie Bessette, Parks Superintendent Jimmy Hinson, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag.