04-03-1961 Regular Meeting6f-
April 3, 1961
Regular meeting of Mayor and Council was held at City Hall on April 3, 1961 and called
to order by presiding officer, George W. Kreeger, at 7:00 o'clock P.M. All councilmen
were present. Invocation by J. B. Ables.
The first order of business per submitted agenda called out ordinance for the improve-
ment of Highland Avenue a distance of 1900 linear feet at an estimated cost of 250 per
foot. R. J. McCurry motioned that this council adopt the ordinance as drawn. Second
by H. E. Ingram and voted. unanimous.
Developer Fred G. Fett, Jr. appeared in council and presented approved. Cobb County plats
for the development of Hickory Hills Unit No. 2. In discussion, council authorized
City engineer to contact Mr. Fred Fett's Engineer and resolve the drainage problems in.
Hickory Hills Unit No. 2.
Councilman H. E. Ingram discussed proposed street lighting program stating that the con-
tract would not add to but would extend the current contract, and further that in the
negotiations with the Georgia Power Company the added.facilities would not exceed.
$4,600.00. Councilman Ingram recommended th4 the.city enter this program and that council
authorize the Chairman of Streets Committee to proceed with the Georgia Power Company con-
tract not to exceed $4,600.00 for the new and additional facilities. -It was further re-
commended that this contract shall include lights on Hawthorne Street to the city limits
to be installed by Georgia Power Company per negotiations called out above. Put in motion
Chi by H. E. Ingram, second by R. J. Austinl�ifid voted unanimous.
t' MEMO: Although a separate contract may be required.for Hawthorne Street, council agreed
that the installations shall be accomplished at the same time as North Atlanta Street.
City Engineer was authorized by cuuncil to check the premises of Mrs. Robert T. Shideler,
407 North Atlanta Road, for tie -on to public sewerage facilities.
J.
Councilman J. B. Ables was requested to check and submit his findings regarding business
licenses.covering sub -contractors. This item resulted from the complaint of Mr. Charles
Dobbs on the roof repair (at day labor) of the city fire station.
Councilman J. B. Ables was requested. to confer Pith Mr. Lex Jolley and city hall to firm
up solution of Construction Fund expenditures and bank account.
Motion by R. J. McCurry we empower city attorney, G. Conley Ingram, to represent the
city regarding the petition to the Superior Court signed by Mr. Arthur P. Tranokos.
Second by W. B. Sanders and voted unanimous.
Motion by J. B. Ables, second. by R. J. McCurry that the tax rate City of Smyrna for the
calendar year 1961 shall be set at seventeen mills, on all property within the city,
of which two mills shall'be for bonded indebtedness of the City. Voted unanimous.
B I D S
(1) Council granted permission to the Chairman of the Parks Department, R. J. Austin,
to let bids for playground. equipment at an estimated cost of $800.00.
(2) On motion of J. K. Chastain, council voted five to two to authorize the letting of
bids for one new police department automobile. Second -by R. J. Austin. Voting against:-
J. B. Ables and.Harry E. Ingram.
(3) Motion by J. B. Ables, second by W. L. Keck authorizing Councilman H. E. Ingram to
secure bids for one cement mixer.
Council discussedand discouraged the acceptance of checks and deferred.payments regard-
ing police fines and forfeitures.
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J. B. Ables read in council his committee's report relating to indecent or obscene litera-
ture distributed and/or sold in the City of Smyrna and.recommended the report of said
committee be accepted.. In the discussion that followed., Chairman J. B. Ables was authorized
to recommend appointments to a Committee for Decent Literature. City Attorney, G. Cnnley
Ingram was authorized.to draw an ordinance to empower said committee to act and continue
surveillance..
In the -final action, council resolved the drainage problems at Powder Springs at
Guthrie, Bank Street at Stonecreek, and discussed prohibiting trucks in excess of 10,000
pounds from use of city residential streets. Motion by H. E. Ingram, second by R. J.
Austin authorized city attorney to draw an ordinance prohibiting vehicles in excess of
10,000 pounds from usage of residential :streets, and motion further designates truck
routes in the City of Smyrna as followsl - Cherokee Road., Love Street, Concord Road,
Hawthorne Street, Roswell Road, Spring Street., Campbell Road., Atlanta Road,,and South
Cobb Drive.
62
Continuation of April 3, 1961
Council authorized start of'construction of city garage.
Motion to recess 10:00 o'clock P.M.
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Next meeting April 17, 1961 at 7:00 o'clock P.M.
April 17, 1961
Continued meeting of Mayor and. Council was held at City Hall of April 17, 1961 and.
called to order by the presiding officer, Mayor'George W. Kreeger at 7:00 61clock
P.M. Councilmen present: Harry E. Ingram, J. B. Ables, R. J. McCurry, W. B. Sanders,
W. L. Keck, and. John K. Chastain. Absent: R. J. Austin.
In the first order of business sealed proposals for the construction of Smyrna Public
Library were ordered to be opened and tabulated per publications by Architect William
R. Tapp, Jr. The base bids openedare as follows::, -
Sidney Clotfelter Contractor, Inc.
R. L. Eskew Contr. Co.
The Flagler Co.
General Construction Co.
Hardy Engineering Co.
L &'W Builders
Sharpe & Weaver, Inc.
Tri-State Construction Co.
$ 67,202.00
62,435.00
692948.00
64,782.00
63,434-oo
No Bid.
632394.00
66,762.00
Bids were held in abeyance pending tabulation and check of specifications.
Council on W. B. Sanders' motion granted permit to remove ashes from the Dairy Queen
No. 2 on South Cobb Drive by private enterprise. Motion seconded by W. L. Keck. The
vote - five to one, R. J. McCurry opposed.
Citizens from Ward No. 4-appeared in council protesting 1961 tax assessments which were
denied by reason that said.protests did not apply to their property. In further dis-
cussion council recommendeda tax equalization program for the city when.funds were
available.
The following recommendation was read in council by Chairman H. L. McDaniell of the
City Tax Assessing Board.: - •
To: Honorable Mayor and. Council
We,.the under -signed tax assessors for the year 1961, do hereby make the following
recommendation:
We respectfully ask that a committee be appointedAU look into the feasibility,of
having a board of tax experts to assess the real property within the City of Smyrna and.
that said property be assessed. at market value with millage rate.reduced to produce pre -
:sent digett plus cost of survey.
This survey to be made in cooperation with county tax evaluation program to help
defray cost if possible.
This board respectfully submits this recommendation for your consideration this
17th day of April 1961.
(Signed) Hugh L. McDaniell - Chairman
Ted. Bowman
Adolph:Rrueger '
Mr. George Bentley, 1018 Ridgeview Lane, Marietta, presented. and read in council a
resolution,endorsing the candidacy of Mr. Clarence Hise for the office of President,
Georgia.Junior Chatber of Commerce. On motion by H. E. Ingram and second.by John K.
Chastain, the resolution was adopted on unanimous vote.
Legal notice calling out the public hearing for the purpose of declaring city owned `
property as surplus Was read in council. Motion by J. B. Ables the tract of city
owned landin landlot 379 w/s of South Cobb Drive (disposal plant area) is hereby de-
clared surplus by this governing body, and further motioned,that at the appropriate time
the above described property be advertised for sale to the highest bidder with Mayor and
Council reserving the right to accept or reject any and all bids. Second by W. L. Keck
and voted unanimous. r
Continuation of April 17, 1961
. 6.3
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On Motion by Harry E. Ingram and second by J. B. Ables,.the following resolution was
adopted on unanimous vote: -
BE IT RESOLVED BY Mayor and Council of the City of Smyrna THAT Mrs. Beverly DuBuc,
Civil Defense Director, be and she is hereby authorized to execute for andin behalf of
the City of Smyrna, a public entity established under the laws of the State of Georgia
this application, to Governor of the State of Georgia for certain Federal financial
assistance as set out in the United States, Public Law 875, 81st Congress, as amended.
Passed and. approved this, the 17th day of April. A.D., 1961.
(SIGNED) George Kreeger, Mayor
On Motion of Harry E. Ingram the 1961 vacation schedule based on existing procedure was
adopted as submitted. Motion stipulates that City Hall shall be notified.one week in
advance of all scheduled.vacations. Second by W. B. Sanders and voted unanimous. -
M V : Earned vacations are predicated on one paid vacation week after twelve months of
uninterrupted service from employee's hiring date and two weeks vacation after twenty-four
continous months of service, and further no vacations shall be scheduled prior to eligi-
bility date, which in this procedure is the same as the hiring date.
Mayor George Kreeger appointed W. L. Keck, Harry E. Ingram, and W. B. Sanders as a
committee to study current sick leave procedure and submit recommendations.
In the discussion of the City of Smyrna purchasing procedure, J. B. Ables motioned.
that the city clerk shall be assigned as the purchasing agent for the City of Smyrna
and that all purchases shall be handled -in accordance with existing procedure and fur-
ther all purchases shall be controlled and not exceed current monthly budget allocation.
Second by H. E..Ingram and voted unanimous. In the absence of the city clerk, this
function is assigned.to Mrs. Elaine Davenport.
PROCEDURE
(a) Sealed bids shall be secured on purchases in excess of $500.00.
(b) Approved purchase order request shall be submitted to city k,all through depart-
ment head for procurement of parts, services, supplies, and/or equipment.
(c) Said request shall show quantity, using department, delivery date, vendors.,
checked., the recommended source and address.
(d)1 Purchases are to be made from local merchants when possible.
(e) Purchase order to be issued by,the City Hall upon receipt of approved request.
(f) All receiving memos, shipping notices, or delivery tickets shall be delivered
to the City Hall.
(g) Records and analyses shall be maintained by each department to prevent over
spending of monthly budgets.
On H. E. Ingram's motion and second by W. L. Keck, the following ordinance was adopted
as•amended on unanimous vote: -
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, AND IT IS HEREBY ORDAINED BY SAME -AS FOLLOWS:
Section 1. That no person, firm or corporation shall in any way remove, cut,
dig, into or tear up any portion of any paved street or side walk of the City of Smyrna,
for any purpose, without first obtaining a permit therefor from the City Engineer
of the City of Smyrna. I I I
Section 2. Any person, firm or corporation violating any section of this
ordinance shall be fined by a fine not to exceed $100.00, by imprisonment in the
�. City jail not to exceed. ninety (90) days, or by working on the public"streets or
sidewalks, or other public works of the City, for a period not to exceed thirty
(30) days, or by any one or more , or all of these punishments, as the City Recorder
may in his discretion see fit to impose. t
-On H. E. Ingram's motion and second by R. J. McCurry, the following ordinance was
adopted as amendedon unanimous vote:-
-BE IT ORDAINED BY THE MMR AND COUNCIL OF THE CITY OF
SMYRNA, AND IT IS HEREBY ORDAINED BY SAME_AS FOLLOWS: ,
Section 1. That it shall be unlawful for any truck, bus or other vehicle
weighing over 10,000 pounds, either loaded or unloaded, to travel over or upon
any of the public streets of the City of Smyrna, except the following streets of
the City of Smyrna which are.herewith designated as direct routes for the use cf
such vehicles in passing through the City of Smyrna, to -wit:- Cherokee Road, Con -
Cord Road, Love Street, Roswell Road, Spring Street, Atlanta Street, Hawthorne
Street, Campbell Road, and. South Cobb Drive, and all vehicles of every character
Continuation of April 17, 1961
wbighing.over 10,000 pounds shall use one of
City of Smyrna.
i
said streets when traveling through the
Section 2. Emergency vehicles and vehicles making local deliveries in the City
of Smyrna shall be and.hereby are excepted from the provisions of the above section of
this ordinance.
Section 3. Any person, firm or corporation violating any section of this ordinance
shall be fined by a fine not to exceed $100.00, by imprisonment in the City Jail
not to exceed ninety (90) days, or by working on the public streets or sidewalks,
or other public works of the City, for a period not to exceed thirty (30) days,
or by any one or more, or all of these punishments, as the -City Recorder may in
his discretion see fit to impose.
Council discussed the Extension and Construction Fund prior months accounts payable and,
bank balance and resolved the problem on J.-B. Ablest motion as follows: - This council
shall transfer from the General Fund to the Extension and Construction Fund an amount
not to exceed. $9,000.00 to meet current and prior accounts payable of the Construction
Department, loan to be repaid.prior to closing of 1961 books of entry. Second by W. B.
Sanders and voted -unanimous.
The minutes for the meetings of Mayor and Council held during the month of March 1961
were accepted as corrected. Motion J. B. Ables, second R. J. McCurry, unanimous.
Council agreed that City shall collect ad valorem taxes in a lump sum payment on 104
units in Belmont Hills Unit No. 1 and continue this program pending release of individual
tax billings. The discussion hinged on parsonages claiming tax relief.
Mayor G. W. Kreeger appointed J. B. Ables, Harry E. Ingram, and. W. L. Keck as a committee
of three to analyze the policy of charging the $1.50 per month meter charge. The $1.50
per month meter charge is credited to the Waterworks and. Sewerage Sinking Fund on deposit
with the Cobb Exchange Bank fOr payment of the Cityts funded debt.
COMMITTEE FOR DECENT LITERATURE
Councilman J. B. Ables presented and read in,council the ordinance creating the three
member Committee for Decent Literature. Said ordinance adopted on J. B. Ablest motion
to be entered in the minutes and made a part thereof: -
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
AND.IT IS HEREBY ORDAINED BY AUTHDRITY OF SAME AS FOLLOWS:
Section 1. That an advisory committee to the Mayor and Countil of the City of
Smyrna -is hereby created to be known and designated as THE CITY`OF SMYRNA
COMMITTEE FOR DECENT LITERATURE, which shall be composed of three (3) members
who shall serve at the.pleasure of the Mayor and. Council of the City of Smyrna
and shall be appointed as hereinafter provided in this ordinance.
Section 2. That the members of the said committee shall be appointed by the
Mayor and Council of the'City of Smyrna in•the following manner: -
one (1) member of the committee shall be selected.by the Mayor and Council;
one (1) member of the committee shall be appointedby the Mayor and Council
upon the recommendation of the Ministerial Association of the City of Smyrna;
and the other member of the committee shall be appointed upon the recommendation
of the Cobb County Board of Education. The•committee shall -elect from its member-
ship a chairman and such other officers as it may deem necessary to carry on its
activities and to accomplish its objectives.
Section 3. The committee shall meet monthly and at such other times as it may
deem necessary in order to promote the use and distribution of decent literature
and pictures in the City of Smyrna and to expose the sale, use and distribution
of unlawful, indecent literature and pictures in the City of Smyrna and.such
other objectives and goals, allied to or connected therewith, as the committee
may deem necessary to recommend to the Mayor and Council of the City of Smyrna
to be in the best interests of the citizens of Smyrna, and/or to improve, the
moral climate of the city. The committee shall report its activities, findings,
and recommendations at least bi-annually to the Mayor and Council of the City
of Smyrna, and. shall have the right to formulate and. prescribe by-laws for its
operation and.for the achievement and implementation of its purposes and objectives.
On J. B. Ablest motion and. W._L. Keckts second, council,voted unanimous for the appointment
of Robert E. McDuff as the City of Smyrna representative on the Committee for Decent
Literature, who will serve with the Cobb County Board of Education nominee Mrs. Corinne
R. Hosch and.the Ministerial Association appointee, Rev. Harland Sluder.
Continuation of April 17, 1961 65
On J. B. Ablest motion seconded by R. J. McCurry, the following ordinance which carries a
penalty clause was adopted on unanimous vote, ordinance entered in the finalized minutes
and made a part thereof:- I f .
WHEREAS, the Ministerial Association of Smyrna and interested citizens have
brought to the attention of the Mayor and Council the need of eliminating the sale
of indecent and obscene literature; and. whereas Mayor and Council are- desirous` of
the same; and.whereas Mayor and. Council recognize the need for protection of the
businessmen andcitizenry of the City of Smyrna from the sale of indecent or ob-
scene literature by individuals peddling or blackmarketing such literature,
NOW, THEREFORE, be it ordained., and it is hereby ordained by Mayor and Council
of the City of Smyrna, that any person or persons who shall bring or cause to be
brought into the City of Smyrna for sale or exhibition or shall sell or offer to
sell or shall lend or give away or who shall possess or having possession thereof
shall knowingly exhibit or transmit to another any indecent immoral or obscene pic-
torial newspaper, book, pamphlet, magazine, newspaper, film, picture, recording or
other printed.paper or obscene matter principally made up of picture, stolies , or
sounds of deeds of lust tending to debauch the morals, or shall advertise any of
said articles or things for sale, by any form of notice, printed, written or verbal
or shall manufacture, draw, or print any of said articles with intent to sell or ex-
pose or to circulate the same shall, upon conviction by the Recorder of the City of
Smyrna, be punished by a fine not to exceed $100.00, by imprisonment in the city jail
1. not to excedd. 90 days, or by work on the streets, sidewalkbL or other public works of
Cal the city not to exceed.30 days, or by one or more or all of these as the Recorder
may see fit to impose. Each days violation of this ordinance shall constitute a
separate offense.
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NOTE: See Code Section 26-6301, Ga. Code (obtain waiver for municipal trial)
Motion to adjourn, John K. Chastain, 11:10 o'clock P.M.
Next meeting: April 24, 1961 - 7:30 o'clock P.M. (Library bids)
April 25, 1961
In the first order of business,, Council by unanimous vote declared meeting above date as
a regular council meeting. Mayor George W. Kreeger presided; all councilmen present except
H. E.Ingram. Also in attendance, William R. Tapp, Jr., Architect. Meeting called to
order at 8:00 o'clock P.M.
Discussion was centered around Smyrna Public Library plans, specifications, and cost.
Action deferred pending further study on cost reduction.
Motion by R. J. McCurry to accept sanitation policy allowing citizens to transport heavy
accumulations of trash, waste; concrete, etc. to old City dump, the first Saturday of each
month per procedure submitted and approved. Second by W. L. Keck and voted unanimous.
Opening of bids, playground. equipment:- R. J. Austin motioned to accept low bid of Sears
Roebuck & Co. ($739.63) for playground equipment to be installed in Cobb Park. Invoice
to be payable in June, 1961. Second by W. L. Keck and voted unanimous.
Motion by J. B. Ables that the City owned property on the west side of South Cobb Drive
be aftertised for sale. Further, sealed proposals shall be submitted to the City Hall and
opened by Mayor and Council at 7:00 o'clock P:M. on June 5, 1961, with Mayor and Council
reserving the right to -accept or reject any and all bids. Second by R. J. Austin.
Voted unanimous.
Council discussed the hiring of a local builder in connection with the Smyrna Public Library
construction.
Motion to adjourn - 9:50 o'clock P.M.
Next meeting - May 1, 1961 at 7:00 o'clock P.M.
Mayor: U. W. Kreeger