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07-24-1958 Special MeetingContinuation of July 14, 1958. If On motion of G. W. Kreeger, seconded by L. C. Dodd, meeting was adjourned to first Monday in August, 1958, 7:00 P. M. Meeting adjourned at 8:30 P.,M. Mayor:% J. M. Gibson Counc' . J. B. Ables CDC, City Clerk, L. W. Ch s -Selfficilinan: J. B. Rhodes Councilman: V. B. Sanders Special Meeting - July 24, 1958. Per letter dated July 19, 1958 a Special Meeting was called to meet in Council Chambers July ,24, 1958, 7:00 P. M. in the City Hall. Mayor J. M. Gibson presided and stated the special meeting was called to discuss and solve the Northcutt easements in South Atlanta Street area; the,settlement of the A. V. Bolton litigation;and approval of paving contract new City Hall parking area. All councilmen present except J. B. Rhodes; Mayor Pro-tem G. W. Kreeger excused during first part of two-hour closed session. �. Mr. R64ymond Reed requested council action on annexation of a portion of King Springs Heights, as"Fo11ows :-SscNo :: l Block"I'D" consisting of Lots_ 3:-2-=3- & 4 Ssction,No. -1_ '-Block "E" consisting ^of'Lots No: 2-3-4-&5 F ectiori No.-';,? Block "A" Consisting of iLotsNo-..-I..thftdgh-­ No : `8; Plat -submitted-'.' covering: above lots - approvid.. by Council: Motion�_by-• W.:B-.t-Sandera :-to,.incorpofate.:.irito.' City;:.pf `Smyrna� on :_J. B._.Abled secondzthervote:; was -unanimous: Bids covering asphalt paving for new City Hall parking area were opened. After study of specifications the.alternate-No. 2-bid of Cobb Asphalt Paving Company (Jack Brown) was accepted in the amount of $2,228.00. Motion to accept Mr. Brown's bid by J. V. Brooks, seconded by R. H. Wood. Voted unanimous. - EASEMENTS —SEWER EXTENSION - NORTHCUTT SUB -DIVISION On this subject.9 City�Attorney G. Conley Ingram stated Federal Government (grant) requires certified records on all lands dedicated to City for easements through properties involved. This means, per Mr. Ingram, a thorough check of deeds to determine mortgaged property. Mr. Ingram discussed the Brawner properties and reported concessions mentioned in lieu of sewer lines Grassing the hospital property. He requested a definite proposal must come from Council on South Atlanta area sewer tie-in.. L Continuation of Special Meeting - July 24s 1958. Mr. Fred G. Fett, Jr. spoke on sub -dividing Hickory Hills No. 2 requesting water and sewer tap-ons and annexation into the City Limits, stating a restricted covenant would be inserted in all deeds to this effect., He further requested Council action on easements granted to City as well as fire protection and approval of drainage in area. Action on above came when Councilman W. B. Sanders made the following motion: The properties called out per Mr. Fred G. Fett, Jr., located in Hickory Hills No. 2 comprising L.L. 554,, 17th District, 2nd. Section, Cobb County, Georgia, as shown on survey of R. Roberts dated October 19, 1957 shall be, by action of this Council, permit d to tap on City sewer lines for the following consideration. (1) For the granting of an easement, 30 feet wide. (2) Sufficient area for one lift station shall be deeded to the City. (3) Full compliance with existing ordinances on street„paving, sewer and water lines, and drainage. (4) It is further understood, Mr. Fett will lay all lines and reimburse the City one hundred dollars ($100.00) per tap -on as sub -division progresses. Motion, seconded by R. H. Wood. Voted unanimous. On other action reported during this meeting, Councilman G. W. Kreeger motioned to empower the Committee on Unsecured Right -of -.Ways; namely Bill E. Miles, G. C..Ingram, and W. B. Sanders to 'contact property owners (South Atlanta Street tie-in) and negotiate a settlement with these property owners, a similar proposal as called out in the minutes approved by Council on the Hickory Hills motion. Final approval of Committee action to be brought before Council. Motion seconded by R. H. Wood. Voted unanimous. Correspondence relating to settlement City of Smyrna V/s A. V. Bolton was readein Council by Attorney G. C. Ingram with caanments on four proposals offered. In this connection, Mr. J. V. Brooks stated his inspection of the equipment was favorable and reported the W. C. Caye & Company estimated current value of all machinery in the amount of $25,000.00. Councilman G. W. Kreeger then motioned the City.Attorney be empowered to negotiate settlement with A'. V. Bolton's attorneys at a cost not to exceed $15,000.00 to the City and Mr. Bolton absorb all contract claims, repairs and expenses incurred prior to returning machinery to City of Smyrna. Vote -was unanimous on Mr. W. B. Sanders' second. Motion by Mr. L. C. Dodd and seconded by J. V. Brooks that we borrow $5000.00 at 5% from The Bank of Smyrna to reimburse Marietta Truck and Implement Company for one (1) utility tractor equipped -with back -hoe and front mounted dozier blade: Passed bya five to one vote,.J. B. Ables-abstaining. Motion, G. W. Kreeger that no building permits shall be.issued by the City Building Inspector for Belmont Hills improvements until full compliance with City drainage and streets ordinance is submitted. J. B. Ables seconded the,motion. Vote unanimous. Motion to adjourn by G. W. Kreeger. ,Second, J. V. Brooks. Meeting adjourned 9:30 P. M. Mayor• J. K, Gibson City ��rk: ar _^ �� � � �� � c �� � �- � i � �' �� Georgia Public Entity Liability 7surarnce Plan AdmiWato and @y; Wem Ire, 2000 hm Forty Road, slot 100 0 R0, Box 124000 Atlwi%, 0A 30330 t3®omw Lot GAY TWl (404)432-0107 ah@Ft R, spmkm, l"id@lt Comprehensive govern General menu in Georgia Liability are more and more subject to liability claims from members of the Public. Consumer concern has led to increased Public awareness of Individual rights, And the Public is now sophisticated in the ways and means to demand their rights. People are more inclined to file suit. The Georgia Public Entity Liability Plan is a specially designed Insurance program for Georgia cities and counties offering complete coverage for their personnel as well as elected and appointed officials, Special features of this comprehensive Pro- gram are. ■ all departments of goverment are included, our professional local goverment specialists can arrange for hospitals and airports to be included. ■ gas, electric and water utilities are covered, ■ all personnel, including volun- teer fire and Police, elected and appointed officials and members of boards and corn - missions are personally pro- tected, ■ premium is a freed annual cost with no adjustment by audit. ■ many exclusions found in standard liability Policies have been deleted from this uniquely designed program. Law Enforce- Loss pre- vention ment Liability surveys and reviews of municipal claims fre- quently show that the greatest area of liability claims for citiesland counties is the law enforcement de- partment. Public awareness and the courts have made it easier for lawbreakers to bring suits against law enforcement officers and local governments. This coverage is de- signed to defend and protect the public entity and the individual officer for claims brought for his actions in the line of duty. Law officers are faced with making quick decisions under stress and are often sued by the person who is breaking the law. This section of the Georgia Public Entity Liability Policy provides payment of claims and legal defense for... ■ false arrest, false imprisonment or unlawful detention ■ malicious prosecution ■ assault and battery — use of excessive force ■ violations of civil rights, dis- crimination — U.S. Constitution and Section 1983 of U.S. Civil Rights Act. ■ defamation, libel, slander ■ invasion of privacy, or wrong- ful entry ■ improper service of civil process ■ violation of property rights ■ destruction of property ■ bodily injury or improper first aid ■wrongful death or injury to inmates while in custody The policy provides competent legal defense by attorneys experienced in law enforcement litigation. The public entity may recommend de- fense counsel to represent them. Public Officials The era of an Errors and enlight- ened con - Omissions sumer along with increased funding problems of local government operations, have led the public to demand superior performance from their public officials. Like professionals in the private sector, local government officials and employees are being faced with suits alleging breach of their public duties. Claims can result from: ■improper termination or dis- crimination against employees ■improper handling of public bids ■ planning and zoning contro- versies ■permit and licensing disputes ■inadequate formulation of de- partmental policies and pro- cedures ■violation of rights of prisoners The protection applies to both the public entity and its officials and employees. Coverage is written on an "OCCURRENCE" basis cover- ing all claims that occur while the policy is in force. This means there is protection for officials and em- ployees who were a part of the public entity when the claim occurr- ed but have since left office. Fradulent or criminal acts, or personal individual profit or gain are excluded. However, legal de- fense is provided until such time as the fraud or criminal act is proven. Automobile All auto - Liability and mobiles owned Physical Damage pul; lic entity, including emergency type vans or trucks, will be insured by the same company providing general lia- bility coverage. The city or county is covered for its leased and non - owned cars as well. Also, the use of private cars by paid staff on govern- ment business is covered by this program. AParamedics Ambulance and officials Service of a publicly - owned emer- Malpractice gency medical (optional) service may be covered for their negligent acts. It is an optional coverage for those local governments where the operation of this service is provided. The individual paramedic is also covered. Contract ambulance services are not eligible. Some More Special Features ■ a local agent is used to service the account ■ excess limits of liability may be purchased ■ real and personal property in- surance may be included with the same company ■ a loss prevention program specifically designed for Georgia local governments is provided at no additional cost. ■ With Georgia local governments in mind, this is a plan for you. It is managed by a firm whose exclusive business is to provide insurance and risk management for the public sector. As court decisions or laws change, so will the legal liability of local governments. Adjust- ments in coverage will be made to provide the broadest pro- tection available.