11-03-1958 Regular Meeting106
November 3, 1958
�t
Regular meeting of Mayor and Council was held on November 3, 1958 at 7:00 P.M.
at the.City Hall. Mayor J. M. Gibson presided. Councilmen present: J. B. Abldas
J. V. Brooks, G. W. Kreeger, J. B. Rhodes, and W. B. Sanders. Absent: L. C. Dodd
and R. H. Wood.
Meeting called to order at 7:15 P.M. (in this meeting council acted on twenty-
four items called out in the agenda, and then voted to return 11-10-58 to resolve
unfinished business relating to easements, sewer tax, and charter amendment.)
On requests of citizens, Council:
( a) Approved installation of antenna on the city, water tank (Smyrna Cab Company usage)
pending completion of agreement to be drawn up by G. Conley Ingram.;"
(B) Heard the first complaint on dog leash ordinance through appearance of Mr.
W. J. Huggins. On failure to secure council agreement to modify or
amend, citizen Huggins stated a petition would be circulated against the
ordinance.
(c) Referred Mr. T. J. Vervillets complaint on Church Street speeding to the
police department.
Mr. J. A. Bradshaw;s appeal from Recorderts Court on violation of horse stabling
ordinance (See case #181-3701 dated 10-21-58) was denied by council action.
Discussion by Mr. Bradshaw and his counsel, Jean Johnson, pointed out that a verbal.
agreement was reached between Mr. Bradshaw and a previous Mayor and Council where-
by the defendant was permitted to keep horses, at the time of acceptance of Mr.
Bradshaw's property into the city.
Under the defendants charge that the ordinancu was a nuisance, G. Conley
Ingram stated that the city has a right to restrict within reason and that previous
council cannot bind succeeding Mayor and Council.
J. B. Rhodes recommended that this council secure more testimony of the agree-
ment from prior Mayor and Council, and then motioned that this council deny the
appeal. On G. W. Kreegerts second the vote was unanimous.
Attorney Jean Johnson announced that the issue would be appealed to the Cobb
Superior Court.
Mr. J. W. Boone requested water lines in Cheney Woods based on agreement be-
tween the City of Smyrna and the Smyrna Land Company dated 1951.
Councilman J. V. Brooks acted on this request stating that the nine sewer taps
and meters at the current rate per tap -on would offset the cost of the water lines,
and put this in the form of a motion. Unanimousvote on Mr. J. B. Rhodes' second.
The finalized minutes of the meeting of Mayor and Council on October 6, 1958
were accepted as read, as well as the recorded statement on the dedication of the
New Smyrna City Hall. Motion by G. W. Kreeger; Second by Ables; Unanimous.
At this point Mayor J. M. Gibson expressed for himself and the Council, the
City's thanks for a job well done by Mr. W. W. Kidd in supervising the New City
Hall construction.
Council on unanimous vote accepted into the city eleven acres of land on the
East side bounded by Roswell, Mathews, iahitfield Streets and Crumbley Drive based
on request of Mr. H. M. Christian. In Mr. J. V. Brookst motion to incorporate into
the city it was further stipulated that acceptance was subject to full compliance
with all existing ordinances and further that 1959 taxes are collectible or the
equivalent thereto for services rendered. Seconded by J. B. Rhodes.
Referring to the sale of surplus equipment and scrap Mr. W. B. Sanders requested
that a committee review all the equipment and report back to Council. Mayor Gibson
announced this committee as follows: J. V. Brooks, J. B. Ables, and W. B. Sanders.
J. V. Brooks motioned and J. B. Rhodes seconded that the invoice in the amount
of $979.00 be paid to Hensley & Associates covering the Northcutt Street laterals
and Ward outfall line. Voted unanimous.
On G. W. Kreegerts recommendation seconded by J. B.
services statement of Boroughs and Dale -in the amount of
1�
Rhodes, the architectural
$240.00 was tabled. Unanimous;.
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Continuation of November 3, 1958
Council agreed to purchase one floor polisher for use in the new City Hall only.
per motion of J. B. Rhodes and second of G. W. Kreeger. Unanimous.
The proposal to secure sealed bids on three hundred water meters was held over
to the November 10 meeting pending receipt of bids.
Council took action on the sewer extension project (Northcutt) and voted to begin
the work immediately. Also if necessary to begin friendly condemnation proceedings
to clear easement involved.
Letter was read in Council from Robert F. Roeser regarding court action in the
appointment of guardians.
Letter also read in Council from Dr. T. F. Sellers stressing mostly paragraph 2
which stipulated the conditions of the contract, the risk of the city, and that non-
compliance may nullify Grant Offer.
Councilman J. B. Rhodes motioned that this council authorize G. Conley Ingram
to draw up contract giving Mayor J. M. Gibson authority to start the work on the
part of the City. On W. B. Sanders' second to execute contract, the vote was
four to one, J. B. Ables opposed.
The opening of the fire lane west of Atlanta Street at Sunset Avenue was
referred on motion of W. B. Sanders to the Fire Marshall for his investigation
and report. Second by J. B. Rhodes. Unanimous.
Regarding policy on purchases, Council agreed all department heads shall
follow procedure. Mr. Sanders suggested that all unsigned purchase orders or
requests or invoices not supported by procedure be brought to Council.
Repairs - Fire Station: On Mr. J. V. Brooks motion the balance in the Municipal
Building Fund is to be allocated to the Fire Department Chairman to make improve-
ments of the present building. Unanimous vote on J. B. Ables second.
Protest letter on peddlers - Local and Itinerant - From Attorney'John
Westmoreland turned over to Mr. Ingram for ruling.
The request for use of city property for parking lot by the First Baptist
Church was favorable to all Councilmen. Motion by G. W. Kreeger, second by J. B,
Rhodes. (First Baptist Church agreed by letter to gravel the area.)
Council also voted to authorize Chief
streets. This action was the result of
Church and Powder Springs Streets.
of Police to restri_ctP on residential
complaints received from residents on
Purchase of anti -freeze in sufficient quantity for all departments for
1958-59 usage was unanimously approved on bid basis.
On motion by G. W. Kreeger and second by J. B. Rhodes Council unanimously voted
to send notices to property owners who failed to sign paging assessment notes.
Failure to sign notes to result in fi f as against property.
Sewerage tax voted by Council during second quarter of 1958 came up for discussion
and was deferred to 11-10-58.
Cost of repairs, labor and materials, on -front end loader was deferred to 11-10-58.
Mayor J. M. gibson stated he would investigate and solve the problem of burying
deceased animals.
In connection with City of Smyrna delinquent construction accounts, 1956-1957
Mayor J. M. Gibson read in Council letters of appreciateion from these companies
and exhibited statements marked Paid in Full.
A letter read in council by Mayor J. M. Gibson related to operation of Day
Nurseries. The letter cuestioned whether licenses are transferable as well as
the responsibility of the city with regard to injured children.
Council suggested that the city tighten up the inspection of Day Nurseries
and to guard against any change in ownership. Also suggested - unscheduled tours
by Police and Fire Departments in addition to Cobb County Health Inspection.
Prior to recessing, G. W. Kreeger motioned that fire pro.�ection shall be approved
for residences outside the city limits and within a two-mile radius of the fire station
whithout jeopardizing current fire rates, The fee for thisy*protection in 1959 on
the same basis as 1958 charges. `
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Continuation of November 3, 1958
A letter of•agreement addressed to the City of Smyrna from Henry Konigsmark, Jr.
called out restrictive covenants covering properties of Ra-Ko Corporation and
M. H. Tatum. This agreement, dated 10-7-58, refers mostly to paragraphs 6 & 7
conveying land on South Atlanta Street to the City of Smyrna in connection with
the future widening of Atlanta Street.
Deferred to November 10, 1958 was a suggestion of W. B. Sanders to draft a
chapter change creating City Manager government for Smyrna. It was pointed out
that this could be accomplished by a charter change calling out authority and
duties, or re -writing the charter through referendum.
Motion by G. W. Kreeger to recess this meeting to Monday, November 10, 1958
7:00 P.M. Second, W. B. Sanders.
Meeting recessed at 11120 P.M.
}
C cilman: J. B. Ales
nci J. V. Brooks
.cilmayfi L. C. Dodd
Councilman: J. B. Rhodes
14- nl�
Coun 4lman: Wood
November 10, 1958
Continuation of regular meeting, (recessed Nov. 3, 1958 - 11:20 P.M.) was
held and called to order November 10, 1958, 7:00 P.M. Mayor J. M. Gibson pre-
sided with Councilmen J. B. Ables, J. V. Brooks, L. C. Dodd, G. W. Kreeger, W. B.
Sanders and R. H. Wood present. Absent, Councilman J. B. Rhodes.
The first order of business covered quotations requested on water meters in
lots of 300. Bids were opened and read-- by Mayor J. M. Gibson as follows:
(1) Bid submitted by Southern Meter and Supply Company dated November 3,
1958 and received sealed at City Hall Nov. 3, ,958.
(2) Bid submitted by Rockwell Manufacturing Company dated Nov. 3rd, 1958
and received Nov. loth, 1958 - Both bids opened 11-10-58.
UNIT PRICE
Quantity?
Size
Meters
Connections
Total
Southern 300
5/8'tx3/41f
$26.20
$1.00
$27.20
Rockwell 300
5/81'x3/4"
$26.00
$1.95.
$27.95
On motion of J. V. Brooks, head of"Water Department, W. B. Sanders was authorized
to decide and/or select the meter desired for city use. Full approval of council
on R. H. Woodssecond.
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