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02-06-1961 Regular Meetingt 1 I 49 Februar� 61, 1961 Pursuant to Charter of the City of Smyrna, the regular meeting of;JWa r and Council was held at City Hall on February 6, 1961 at 7:00 o'clock P.M. Mayor G. W. Kreeger pre- sided, and all council members were present. In the first order of business, Council discussed Highland Avenue ordinance which re- ferred to approximately 1,900 feet of 18" curb and gutter on both sides of said avenue from Roswell Street to Hawthorne. Councilman R. J. McCurry motioned to accept ordinance, publish same, and set the date for public hearing on March:6, 1961 at 7:00 otclock P.M. Motion seconded by W. B. Sanders and toted unanimous. Resurfacing Highland. Avenue from Roswell to Hawthorne was referred to R. J. McCurry to firm up cost figures. On motion by W. L. Keck, second by W. B. Sanders, City Engineer was authorized to proceed in the installation of water mains and service lines for twenty units on Medlinda Way in'Sycamore Hills. Motion further authorizes $25.00 initial payment on each service line installed, all the above to be paid at City Hall in advance of material purchases. The vote was unanimous. Mr. Gray, owner of Amoco Service Station, South Cobb and Powder Springs, requested 43 Council to consider changing monthly charge for garbage pick-up or•a change in scheduled C\l pick-ups. Mr. McCurry to check and justify inequities in monthly rates. t- J Council adopted as amended the following ordinances:- Motion by J. B. Ables, second by W. L. Keck. Adopted by Council 2-6-61 ORDINANCE Section 1.-- Any person, firm or corporation engaged in or who shall engage in the business or capacity of a contractor or general contractor within the City of Smyrna shall procure and maintain at all times while so engaged, a license therefor in the amount of $50.00 for each contractor's license and in the amount of $100.00 for each general contra— cfor's license, each of which shall be a license for the calendar year. Section 2. Every person, firm or corporation who is engaged in the business of accepting, orders or contracts on cost plus, fixed fee, stated sum, percentage or any combination thereof or other compensation other than wages, doing work on or in any building or structure requiring the use of paint, stone, brick,mortar, cement, wood, structural steel or iron, metallic piping, tin, lead or any other building material; or doing any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination therof; excavatAbq fbr any other purpose; or constructing sewers, septic tanks or bridges; or who is engaged in the business of building, remodeling, repairing, razing or moving whether it be by day labor, contract, cost plus, fixed fee, stated sum, percentage or any combination thereof or other compensation other than wages shall be deemed to be a contractor. This Section shall also include any person, firm or corporation engaged in the business of building, remodeling, repairing, razing or moving, and doing its own building without the aid of an outside contractor. Section 3. Any person, firm or corporation who engages in the business of supervising the construction, alteration, razing or repair of buildings in the city, even if doing part of the manual work himself, and who has the general direction and control of the carpenters, masons or other parties employed in the work shall be classi- fied. as a general contractor regardless of the method by which he is compensated for his services. Section 4. No general contractor or contractor shall begin construction on any residence; dwelling, building, or other structure in the City of Smyrna without having first obtained.from the City Engineer of said. City the line grade of said.street on which such residence, dwelling, building, or other structure is to be located.. Section 5: Any person, firm or. corporation found guily,-of,wiolating this ordinance shall be punished by a fine not to exceed $100.00, by imprisonment in the City jail for a period not to exceed ninety (90) days or by work upon the public streets, sidewalks, or other public works of said City for a period not to exceed thirty (30) days, or by one or more or all of these punishments, as the Recorder may,.in his dis- cretion see fit to impose. 1 .. 50 Adopted by Council 2-6-61 ORDINANCE Section 1. It shall be unlawful for any person, firm or corporation to carry on any building, moving, construction, repair, razing, or alteration work in the City of Smyrna which shall cost in excess of $300.00, without first having obtained a written permit therefor from the City Engineer of said City and it shall further be unlawful for any person, firm or corporation to do any of such work in the City of Smyrna under a permit issued by the City Engineer of said City which has been obtained.by fraud or deceit in the procurement therof. Section 2. Any permit sought from or issued by the City Engineer of said City for any one or more of the above purposes which is found by the said City Engineer to be sought from the City or which has been issued by the City through`,or as a result of fraud or deceit shall authorize such City Engineer to refuse to issue the permit or to cancel same if previously issued. The decision of the City Engineer in such matters shall be final unless appealed in writing to the Mayor and Council of the City of Smyrna within five (5) days after refusal or cancellation of such permit by the City Engineer. In all cases appealed.to the Mayor and Council, the City Engineer's decision shall either be reversed or affirmedafter a hearing by the Mayor and Council. Section 3. It shall also be unlawful for any dwelling, residence, building, or other structure erected., repaired, altered, constructed, razed, or moved in the City of Smyrna, to be occupied, used, sold, rented or leased.by any person, firm or corporation until after a final inspection of the premises and work accomplished has been made by the City Engineer of the City of Smyrna and a determination by him that there has been a compliance with all ordinances of the City of Smyrna relating thereto. Section 4. No permit for any of the purposes set forth in preceding Section of this ordinance shall be issued by the City Engineer of said City unless all fees and charges due the City in connection with the work for which such permit is requested have been paid. All applicants for any of such permits to be issued by the City Engineer of said City shall furnish said. Engineer with a written acknowledgment from - the City Clerk of the City of Smyrna that all such fees and charges have been paid at the time applic & ion for such permit is made to the City Engineer, and such acknowledgment shall be attached to and.be a part of the application. The City Clerk shall, before furnishing such an acknowledgment, require from the applicant a list of all contractors who shall be engaged in the work for which the permit is requested.from the City Engineer. Section 5. Each d's violation of any Section of this ordinance shall con- stitute a separate offense andany application for a permit sought from or issued by the City Engineer which is found to contain a material misrepresentation of fact shall be prima facie evidence of fraud or deceit in the procurement of such permit. Section 6. Any person, firm or corporation who shall violate.any Section of this ordinance shall, upon conviction by the City Recorder, be punished by a fine not, to exceed $100.00, by imprisonment in the City jail for a period not to exceed ninety ' (90) days or by work upon the public streets, sidewalks, or other public works of said City for a period not to exceed thirty (30) days or by one or more or all of these punishments as the Recorder may, in his discretion, see fit to impose. City garage was brought up for discussion. Council authorized City Clerk to negotiate and submit by February 20, 1961, a firm basis for a City of Smyrna loan to finance construction of the garage and engineering offices. City Engineer M E. Doyle presented in council a report covering status of city equipment to be retained for use, or to be surplused and additional equipment required. Council authorized City Engineer to secure written proposals for the purchase of the surplus equipment:- 1120511 Koehring backhoe, 11250" Parson ditcher, 1151211 Adams patrol, LeTourheau pan, International tractor, and.1957 3/4 ton Chevrolet pick-up truck. Council withheld decision on Sidney Clotfelter charges for rock excavation as reported in his pay estimate No. 2 on sewerage pumping station contract. Council rejected a proposal to codify all City ordinances and reproduction of fifty volumes on the basis of cost estimated at $3,200.00. On W. B. Sanders' motion, seconded by R. J. McCurry, City Hall was requested to reim- burse for use of personal cars for City business as follows: Mr. Tate Wright $36.65 Mr. G. L. Hood 8.80 51. Continuation of February 6, 1961 Upon two corrections of January, 1961 minutes, J. B. Ables motioned to accept the minutes as submitted and corrected. Second by H. E. Ingram and voted unanimous. Petition submitted for Jack and Jill Nursery of 115 Cliffwood Drive was referred to W. B. Sanders for checking. The properties of Fred Fett, Jr. in Hickory Hills Unit No. 2, landlots 554 and 599, were upon motion of H. E. Ingram seconded by R. J. McCurry annexed to the corporate limits of the City of Smyrna, Georgia. Said owner agrees to abide by all ordinances, codes and regulations of the City and further that all taxes on the propetties annexed shall be paid to the City of Smyrna or an amount equivalent thereto for City services rendered. The motion carried. MEMO: Portion.of the Brawner property in landlot 599 was, upon pe- tition submitted, voted into the City during fourth quarter of 1960, and said annexation joined Hickory Hills property of Fred Fett, Jr. It was previously agreed to annex the Fred Fett,property when it became contiguous with existing corporate limits. Council requested the undeveloped lands of Fred Fett, Jr. be included in the prepared bill for 1961 General Assembly ratification. In the meetings of Merit Board and. Council Committee members held at City Hall January i7th and 31st, 1961, an eight -point proposed revision to Civil Service Act was prepared and submitted for Council approval. Council, on J. K. Chastain's motion seconded by CA R. J. Austin, authorized changing Items No. 4, 99. 5, No. 6, No. 7, and. No. 8 and .further- more the motion sets up procedure in connection with other departments placed under the act. City Attorney G. Conley Ingram was authorized to draft amendment for submission �G to Cobb Legislative Body. Motion to adjourn - W. L. Keck. Adjourn 11:40 P.M. Next meeting February 20, 1961 7:00 o'clock P.M. February 20, 1961 The regular meeting of Mayor and Council was held at City Hall on February 20, 1961. Mayor G. W. Kreeger presided, and all councilmen were present. Meeting called to order at 7:00 o'clock P.M. In the first order of business, City Engineer was authorized to check on the driveway of 438 Oakdale Drive based on the complaint of Mr. William E. Wright. Council referred the complaint of Feldman's, Inc. to Councilman R. J. McCurry and re- quested withholding monthly billing of the sanitary collection fee pending re -survey. On the complaint of high water bills per statement of Sidney A. Manning, Councilman Keck.requested.that the solution be handled by City Engineer, M. E. Doyle. On motion by W. B. Sanders, second by R. J. Austin, -tithe petition.f or a day nursery at 484 Dell Avenue was accepted and permit issued. to operate a day nursery in accor- dance with the ordinance of the City of Smyrna. Voted unanimous. Motion by W. B. Sanders, second by W. L. Keck, the petition of Mrs. C. A. Cooper to operate a day nursery at 13:5 Cliffwood Drive be approved and authority given to issue permit in accordance with the ordinance of the City of Smyrna. Dr. David Mazer, Medical Consultant representing the Michael Richard Company, demonstrated and tested in Council a machine which records alcoholic content. Purchase of said machine (Breathalizer) was referred to the Police Committee. Council discussed the advisability of introducing a payroll deduction plan to cover laundry services for the Sanitary Department. Referred to City Attorney G. C. Ingram for decision. Council authorized on H.E. Ingram's motion the issuance of Purchase Order No. 2403 for one 1955 Ford Pick-up truck for use in the Sewerage Department. Second by R. J. Austin and voted unanimous. Mayor G. W. Kreeger announced in Council the signing of the contract covering the joint project City of Smyrna -Cobb County sewerage treatment plant. Also the letter signed by Engineer S. P. Hensley which called out the contract's starting date at February 16, 1961 and;the completion date 180 consecutive calendar days after said starting date.