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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.