04-22-1963 Regular Meeting(Continuation of 4-15-63 Meeting)
225
Motion by R. J. McCurry, seconded by H. E. Ingram and
voted unanimous as follows:- "In accordance with recommen-
dations from the auditors, various funds that have been
borrowed, transferred or in any way found their way from
one fund to another, such shall be construed to be perms-
nently transferred from such fund to the other fund in
of accordance with the listing below:
From Fund
Amount
Water and Sewerage-
$25,000.00
Water and Sewerage
13,245.37
General Fund
2,375.00
General Fund
29,045.49
General Fund
105.45
General Fund
163.91
General Fund
1,722.78
Extension & Construction
7,456.02
Building & Constr.-Library
249.38
Building & Constr.-Garage
249.37
Building & Constr.-Garage
1,293.34
To Fund
General Fund
Ext. & Constr. Fund
Paving Fund
Ext. & Constr. Fund
Building & Constr. Eftr?ary
Building & Constr. 4V&rage
1954 Sinking Fund
Sewerage Expansion Fund
Ext. & Constr. Fund
Ext. & Constr. Fund
Building & Constr. Eibrary"
A letter read in council by Mayor J. B. Ables requested
consideration and/or approval to hold a "Kiddie Fair" and
street dance at Belmont Shopping Center for two weeks during
April or May 1963. Councilman H. E. Ingram motioned the
request be granted to.Smyrna Jaycees to stage above event
in area of or adjacent to Belmont Shopping Center. Motion
seconded by R. H. Wood and carried.
In final action, Parks Committee was authorized to
negotiate purchase of lights for Jonquil Park softball field
from Westinghouse Supply Company. Motion R. H. Wood, second
J. W. Webb, Ananimous.
There being no further business, council adjourned at
8:35 P.M.
Next meeting April 22, 1963, 7:00 P.M.
April 22, 1963
The meeting at City Hall, Smyrna, Georgia, was called
above date to complete April 15, 1963 agenda items No. 6
through #10 which referred to financial reports, approval
of minutes for March meetings, 1963 revenues and budgets
plus finalization of millage rate applicable to 1963 tax
revaluation and equalization project.
Mayor j. B. Ables presided, all council members present
except J. B. Rhodes. H. L. Smith of Fourth Ward excused
7:00 to 8:00 P.M. Approximately seventy-five citizens of
Ward No. 6 were present and submitted protests regarding
increase in tax assessment. No citizens were present
claiming themselves as spokesman regarding assessment pro-
tests in Wards No. 1 through No. 5.
Councilman H. E. Ingram addressed Mayor and Council
ri and citizens present in connection with his resignation as
Councilman of Ward No. 6 by reason of sale of property, said
resignation carrying an effective date of April 30, 1963.
Mayor J. B. Ables called the first order of 'official
business concerninglhighway widening' projects and priorities
applicable thereto. President Roy Simmons of Smyrna Chamber
of Commerce was requested to report the official result of
the Chamber action pertaining to roads priority. He. re-
ported that over 6076 of the membership were pre§ent in
226 (Continuation 4-22-63 Meeting)
meeting at Chamber office April 22, 1963 at 6:30 P.M. Action
per members of record in attendance at above stated meeting
submitted by President Roy Simmons in council 4-22-63 as
follows:- "We, the Chamber of Commerce of Smyrna, Georgia,
in official meeting (4-22-63) hereby go on record by official
vote of`a quorum present to back the widening of S.R. No. 3
(Old Highway 41) and submit to Mayor and Council of the City
of Smyrna the firm decision of the Chamber to officially
establish Old Highway No. 41 (now,S.R. #3) as No: 1 priority
in the'interest of re -vitalizing an area in the City of Smyrna
from further drying up and/or deterioration." The vote of the
members,'attested by the Chamber secretary, was unanimous.
Mayor J. B. Ables called on council members for comment
and during;,discussion, Councilman"R. J. McCurry motioned this
council -sets as Priority No. 1 Project, Old Highway No. 41
(Atlanta -Street) from Campbell Road in the City of Smyrna to
Cherokee Road. On second by W. L.. Keck, the vote carried as
follows: 'Voting for the priority:- H. E. Ingram, J. W. Webb,
R. H. Wood, W. L. Keck and R. J. McCurry. Voting against:-
none. Absent during :;the vote, J.B. Rhodes and H. L. Smith,
both councilmen, per Mayor J B. Ables, having previously
committed themselves in favor of Atlanta Street widening as
No. 1 project over the Spring Street relocation project.
1963 TAX REVALUATION PROJECT
This program, long overdue in Cobb County, was resolved in
1962 with a costly revaluation project per signed contract and
completed in the fourth quarter at•which time city officials
authorized in the minutes, the purchase of duplicate records
and voted to accept Cobb County assessments applicable to Smyrna
properties for the 1963 digest and tax assessment basis for City
of Smyrna -,billings. This project, conducted by Hunnicutt &
Associates of St. Petersburg, Florida, was accepted by Smyrna
citizens verbally and by written requests through/�he years of
debate•over-tax appraisals conducted per authority of Charter
of the City of Smyrna. Citizens were well informed of the
progress of this project and the cost of public information
recorded in the minutes and in the press is now a matter of
record:
On the above date, council listened to and answered many
requests regarding protests of Ward No. 6 citizens, all protests
hinging on tax revaluation and equalization of property assess-
ments per,accepted Cobb County project. Spokesmen identified
as Mr. & Mrs. L. M. Giesler, Mr. Harry Dever, Mr. Hightower and
others were heard and answered by'the Mayor and Finance Chairman.
Most of the ,questions were directed at assessment and 1963
millage rate. During the two hour discussion, Chairman of
Finance, R. J. McCurry, called out statistics referring'to
revenues, current and prior years funded debt, millage rates,
deficit by funds, operational costs measured against budgetary
controls prior and current, and recommended to council the
millage rate for 1963 based onservi•ces rendered, operating costs
and anticipated 1963 revenues shall be seventeen mills distri-
buted to the General Fund in the amount of 13.25 mills covering
operating costs per approved budgets and 3.75 mills set aside
from ad valorem taxes to retire theifunded debt, City of Smyrna,
for General Obligation Bonds approved by the citizens over the
years for water and sewerage facilities, public buildings in-
cluding recreation center, parks, new'city hall and approximately
fifty miles of street resurfacing.
Motion, Councilman and Finance Chairman R. J. McCurry, "The
rate for 1963 tax assessment.is officially set at seventeen mills
of the current digest and applicable to tax billings, as per
i�
(Continuation of 4-22-63)
227
ordinance, effective and payable with the June and December
1963 tax notices." Motion seconded by Councilman H. L.
Smith and voted as follows: For the motion:- H. L. Smith,
J. W. Webb, R. H. Wood, and-R. J. McCurry. Voting against
the motion:- W. L. Keck and H. E. Ingram. Councilman J. B.
Rhodes, absent above date., had previously stated his approval
of favoring seventeen mills. The motion carried four to two.
Other citizens appeared requesting solution to the follow-
ing problems: -
Mrs. Clara Hulsey - Drainage and driveway, Whitfield
Street.
Knox Manning - Encroachment, Whitfield Street.
C. E. Clark - Sidewalks, Pat Mell Road.
Mr. J. K. Williams, representing new publication, "Cobb
Countian", stated the May 1963 issue would feature City of
Smyrna and suggested the city sponsor a full page ad.
Council agreed to pay for the ad from voluntary contribu-
tions, stating city funds and budget requirements prohibited
advertising and contribution expenditures.
Council accepted with regrets the resignation of Sixth Ward
Councilman and Mayor Pro-Tem Harry E. Ingram, the resignation by
reason of property sale and business in Marietta, to become
effective April 30, 1963. Mayor J. B. Ables, Mr. Sam R. Whitfield
i
and others referred to the commendable job and assignments com-
pleted during his three and one-half years on,city council.
Motion to accept resignation, H.•L. Smith; -second J. W. Webb,
motion carried.
A second motion, R. J. McCurry, accepted the offer of H. E.
Ingram to continue and coordinate unfinished assignments and
current projects on a voluntary basis. Council accepted offer
by unanimous vote.
Election - Office of Councilman, Ward No. 6
Date of Election, Saturday, May 18, 1963) 7:00 A.M. to 7:00
P.M. Qualification date for candidates closes May 4, 1963, 5:00
P.M. Voter registration (per charter) in Ward No. 6 for the
purpose of this election closed April 3, 1963. All registrants
:subsequent to this date will be purged from Ward No. 6 lists.
Motions on the above by W. L. Keck and voted unanimous.
The following amendment -to city Sanitation Ordinance was
adopted on motion by R. J. McCurry, seconded by J. W. Webb and
voted unanimous. The ordinance, as adopted, has been repooduced
and made a part of the Sanitation Ordinance and the above dated
minutes as follows: -
AMENDMENT TO SANITATION ORDINANCE - CITY OF SMYRNA
BE IT ORDAINED BY THE Mayor and Council of the City of Smyrna,
and it is hereby ordained by authority of same as follows:
-I-
The Sanitation Ordinance heretofore adopted by the Mayor and
Council of the City of Smyrna on November 21, 1960, and as subse-
quently amended, is hereby ratified, with the following amendments
added thereto:
(A) Said Ordinance as amended is further amended by adding
thereto a new Section to be known and designated as Section 1 (a.)
to read as follows:
"1 (a). A sanitary tax for the collection and removal of garbage
and trash is hereby assessed and levied against the owner of
228 (Continuation of 4-22-63 Meeting)
every residence, and every place of business, within the City of
Smyrna which is unoccupied by a tenant and against every tenant
occupying a house or place of business in the City of Smyrna at
the rates hereinafter set forth in this Ordinance. An execution
by the Cityishall be issued in the name of such person upon his
failure to pay this tax when due1which shall bear interest at the
rate of 7% per annum from the date the same becomes due, plus
$3.00 for the fi. fa. issued therefor by the City."
(b) Said Ordinance is further amended by adding thereto a
new Section to be known and designated as Section 21 (a) of said
Ordinance which shall read as follows:
1
1!21 (.a) r It shall bf :unlawful for any person to throw or
deposit any trash -or garbage onto any public street or.sidewalk
or other public place_within the City ofRSmyrna.
L i
(c) Said Ordinance is-Ifurthtr amended by addino thereto a new
Section to be known and designated as Section 21 (b), which shall
read as follows:
t121 (b). The accumulation of trash and garbage for periods
exceeding five days on any property within the City is hereby de-
clared to be.a public nuisance and shall constitute a violation
of this Ordinance and each day's violation in excess of said period
by the tenant of occupied property and by the owner of property
unoccupied by a tenant shall constitute a separate violation."
(d) Said Ordinance is 'further amended by adding thereto a
new Section to be known and designated as Section 21 (c), which
shall read as follows:
1121 (c). The collection and removal of garbage and trash in
the City and,the transportation of same over the public streets of
the City! except as provided in this Ordinance is hereby prohibited
in the interest of the health and welfare of the residents of the
City.'1
(e). Said Ordinance is further,amended by adding thereto a
new Section ir to be known and designated as Section 21 (d) which shall
read as follows: "
1_121 (d),.• No business license shall be issued by the City o f
Smyrna to any person, firm or corporation who is indebted to the
City for,the collection and removal of garbage and trash from the
premises ofl'the business operated by such person, firm or corpor-
ation. Any failure to pay for the collection and removal of garbage
by the City from such premises which results in the suspension of
such service by the City shall constitute sufficient grounds for
the revocation of the license issued by the City for such business.
All business licenses revoked by the City of Smyrna on account of
such suspension shall be done only after,a public hearing before
the Mayor and,Council of the City of -Smyrna, at which the holder
of such business license shall bye given an opportunity to be heard
on whether-helhas failed to pay for the collection and removal of
garbage and trash from the premises of the business at the rates
specified in this ordinance, and the reasons therefor. Upon a
determination by the Mayor and Council at said public hearing that
the garbage collection and removal service to such business has
been properly suspended for failure to pay for such service to the
City of Smyrna, the Mayor and Council shall be authorized to revoke
the license of such business in the City of Smyrna and after revo-
cation such Jj;tehsee ghall be reinstated only after payment of all sums
due the City of Smyrna for the garbage collection and removal service
to that business."
(Continuation 4-22-63 Meeting)
2'29
Mr. Phillip J. Sutton, Engineer of Hensley & Associates,
presented in council a prepared report as a result of requested
investigation concerning current overload of Bohannon Creekk
Treatment Plant. Total cost estimate for doubling the plant
capacity,,ior future requirements was $185,000.00. An east.side
treatment plant was suggested as an alternate. In the discussion
it"was`decided and motioned by R. J. McCurry to let for bids the
installation of two additional drying beds. Phillip Sutton to
follow up. Motion seconded, H. L. Smith and passed. MEMO:
Capital Expenditure from Water Revenue Fund.
On R. J. McCurry's motion, seconded by W. L. Keck, the
"Cue Club" on Bank Street was permitted to operate on week days
and Sunday the same hours as the Belmont Hills Bowling Alleys.
The vote for the motion:- R. J. McCurry, J. W. Webb and W. L.
Keck. Against:- H. L. Smith and R.' H. Wood. Abstain:- Harry
E. Ingram.
All other business deferred to April 29th, 7:00 o'clbck P.M.
Motion to adjourn - 10:40 P.M.
Next meeting - April 29, 1963 - 7:00 P.M.
April 29, 1963
A meeting was held
to order April 29, 1963
of this fourth meeting
Counciimen present:- H.
Wood and R. J. McCurry.
at City Hall, Smyrna, Georgia, and called
at 7:00 P.M. by Mayor J. B. Ables. Purpose
during April was to complete 4-1.5-63 agenda..
E. Ingram, H. L. Smith, J. W. Webb, R. H.
Absent:- J. B. Rhodes and W. L. Keck.
Citizens, Messrs. Jack Hurst and Gene Haywood of the Highlands
requested relief from water overflow from creek affecting property
of five residences on Dundee Drive. H E. Ingram reported street
crew would clean out creek bed and coordinate dragline operations
with the county.
Mr. R. W. Leonard presented quit claim deed for official action
and recording claiming easement across property of Mrs. Ralph Cobb
was no longer needed by the city. Action deferred pending addi-
tional information.
Report was presented by John Fulton concerning water damage
and condition of unpaved Dogwood Circle.
R. J. McCurry's motion authorized Fi Fa's of record covering
unpaid 1962 real and personal taxes shall be delivered to City
Police.Department for collection as per prior procedure. Seconded
by J. W. Webb. Motion Carried.
Per motion H. L. Smith, second R. H. Wood, the following
Jaycees were appointed by -'unanimous vote to fill the assignment
of registrars and election managers for Ward No. 6 council office
election to be held May 18, 1963;- Jim McWhorter, Howard Winslett,
Sam R. Whitfield (Chairman), Frank Boykin and William Grice.
Alternates, if required, Bill Atkins and Charles Nunnally.
Minutes of March 19633council meetings were accepted as submitted
and corrected. Motion H. L. Smith, second R. J. McCurry. Voted
unanimous.
Finance Chairman R. J. MCCurry commented on current financial
reports calling out departmental overspending, failure to finalize
budgets and summaries by reason of incomplete reports from Police,
fire and Garage. Mayor J. B. Ables calked attention to purchasing
procedure and requested adherence by all city personnel.