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08-27-1962 Regular Meeting167 August 27, 1962 A regular meeting of Mayor and Council was held at City Hall, August 27, 1962 and called to order by presiding officer, Mayor J. B. Ables at 7:00 o'clock P. M. Councilmen present: H: E. Ingram, H. L. Smith, J. W. Webb, R. H. Wood, W. L. Keck and R. J. McCurry. Absent J. B: Rhodes. There were no citizens in attendance with problems to bring before the council. Mayor J. B. Ables called out agenda item No. 2 "Introducing new ordinance on Oakview Drive curb and gutter installation". Problems involved: (1) Action on new petition dated 8-6-62 requesting 18+' curb and gutter. (2) Introduction. of new ordinance prepared and mailed 8-10-62. (3) Action on proposed ordinance covering curb & gutters on Oakview Drive @ $1.68 per linear foot. (4) Verbal withdrawal of contractor J. E. Lovern's bid of July 30, 1962 @ $1.68 per linear foot. (5) Absorption of drainage cost by the city at intersection of Oakview Drive and McCauley Road. (6) Securing three or more sealed bids through City Engineer for Oakview Drive curb and gutters. (7) Recess hearing 8-27-62 to 9-10-62 at 7:00 o'clock P. M. for action on bids and passage of proposed ordinance. Item No. 5; Motion: H. L. Smith "City absorb cost of grate and drain pipe installation and/or spillways and contractor J. E. Lovern to complete curb and gutters on Oakview Drive @ $1.68 per linear foot." On the second to the motion by H. E. Ingram a tie vote resulted. Mayor J. B. Ables cast the deciding vote and motion carried. Item No. 6; Motion by H. E. Ingram, second W. L. Keck "We authorize city engineer to secure three or more sealed bids for Oakview Drive curb and gutters with further authority to accept low bid for council approval. Voted unanimous. Item No. 7; Curb and gutter hearing and passage of proposed ordinance on Oakview Drive curb and gutter is (per R. J. McCurry's motion) hereby re- cessed from above date to September 10, 1962 at 7:00 o'clock P. M. Cost of drainage (Item No. 5) deferred to same date. Council discussed all other drainage conditions involving turn radius from property line to city right-of-way at all intersections where curb and gutter has been approved per petitions and bids submitted. On motion by H. E. Ingram, seconded by R. J. McCurry, the city engineer was authorized to negotiate with the curb and gutter contractor to extend radius and resolve drainage on existing city streets under contract for curb and gutter, cost of same borne by the city with analysis to support each expenditure. Motion by H. E. Ingram, second by W. L. Keck is reported in the minutes and made a part thereto although the motion was withdrawnt "we install 50 feet of curb on Stonecreek Road in the area omitted by subdivider at $1.35 estimated cost per foot." Motion W. L. Keck, second R. H. Wood, "City of Smyrna street department shall install 50 feet of curb on Stonecreek Road and absorb the cost". The vote was five to one, H. E. Ingram, abstained. Chairman N. E. Brenner of City MeritBoard reported on withdrawal of candidate Robert L. Sharp for position of Chief of Police, City. of Smyrna. Councilman H. L. Smith motioned the Merit Board shall re -submit three names for consideration for the position and per amendment that all current rules and regulations shall be submitted prior to action on selected candidates. Second W. L. Keck and voted unanimous. Councilman R. J.McCurry discussed a major water problem at intersection of Walker Street and Walker Court stating damage to street and over -flow on private property on the south side. Cost estimate submitted by Hensley and Continuation of August 27, 1962 Associates calls out headwall, spillway, junction box and drain pipe. Motion by R. J. McCurry: City to authorize improvement prior to resurfacing and ab- sorb the cost estimated at $2,400.00 from City of Smyrna Street Improvement Bond Fund. Second: R. H. Wood and voted unanimous. STREET RESURFACING CONTRACTS Increment No. 1-A Motion, H. E. Ingram, second H. L. Smith and voted unanimous; "We re- quest consultant engineer to extend Sam Finley Inc., contract for in- crement 1-A resurfacing together with unit costs, mileage and time limit- ation. Increment No. 2 Motion, R. J. McCurry, second W. L. Keck and voted unanimous: "We extend the Sam Finley Inc., contract for street resurfacing in increment No. 22 calling out unit cost, mileage and time limitation." Resurfacing (Cobb County participation) of King Spring Road, Whitfield Street and Northview Place was submitted and read in council by Mayor J. B. Ables. The incomplete document was referred to consultant engineers for follow-up. Bid in the amount of $2,750.00 covering miscellaneous drainage structures and curbs at various locations was accepted from the low bidder, Neel Construct- ion Company. City Engineer Don Stanley reported on inspection of curbing at 224 Gilbert Street (see 8-20-62 minutes) and stated his approval for the installation of curb and gutter on frontage of Mr. Bl ackstone t s property. Motion, H. E. Ingram "City -Street Department shall -erect -two signs, one at Clifton Road and Rita Way, the second at Clifton A6hd-and-Medlin Street, stating -- Street Closed --Temporary. Motion carried. Two ordinances were submitted and read in Council, the first called out as a nuisance ordinance referring to rubbish, filth etc., the second termed as a clean-up ordinance. On J. W. Webb's motion, seconded by H. L. Smith both or- dinances were adopted. Amendment to the $clean-up" ordinance adds to Section No. 1 the words (or Sanitation Department) immediately following the words "after notice by the Police Department." Motion on the amendment by H. L. Smith was voted unanimous. Motion on adoption -of ordinances was five to one. R. J. McCurry voting against. Copy of ordinances reproduced from original draft re- produced in the minutes and made a part thereof: O R D I N A N C E BE IT ORDAINED by the Mayor and Council of the City of Smyrna and it is hereby ordained by said authority as follows: SECTION 1: Any person who permits or allows any rubbish, filth, dead anim s or any other offensive matter and refuse material or other substance commonly classified as garbage and disposed of by the•sanitary departmentof the City to remain at or upon any premises in the City in such a condition that it provides a breeding place for flies, a feeding place or sanctuary for rats and a source of obnoxious odors shall be deemed to have created a nuisance. Any person who creates such a nuisance and fails to abate such nuisance after notice from the police department or sanitary department of the city shall, upon conviction thereof, be punished as follows: By a fine not to exceed $1.00.00; by imprisonment in the City jail for a period not to exceed thirty (30) days; or by work upon the public streets, sidewalks, or other public works of said City for a period not to exceed sixty (60) days, or by one or more or all of these punishments. Each day that such nuisance goes unabated shall constitute a separate offense. 169 Continuation of August 27, 1962 O R D I N A N C E BE IT ORDAINED by the Mayor and Council of the City of Smyrna and it is hereby ordained by said authority as follows: SECTION 1: Every person whether owner, tenant, agent or employee owning, holding or occupying property in the City of Smyrna shall at all times main- tain such property, whether a vacant lot or otherwise, in a clean and sanitary condition, keeping all weeds on said property cut and keeping all waste material, trash and other rubbish of every sort cleaned off of said property. If any such person shall fail or refuse to cut the weeds from or shall fail or refuse to clean up all such waste from his property within ten days after notice by the Police Department or Sanitation Department, of said city, such person shall, upon conviction, be punished as follows: By a fine not to ex- ceed $100.00, by imprisonment in the City jail for a period not to exceed thirty (30) days or by work upon the public streets, sidewalks, or other public works of said City for a period not to exceed sixty (60) days, or by one or more or all of these punishments. Each day of violation of this section of this ordinance shall constitute a separate offense. Section 2: Every owner of property within the City of Smyrna shall at all tim s maintain said property in a clean and sanitary condition, keeping all weeds and undergrowth out on said property and keeping all garbage, rubbish, filth, dead animals and other refuse removed from said property. If the owner of said property shall refuse or fail to have same done or to remove the same after two days written notice addressed to the owner of said property and delivered to said property by the Police Department of said City, the Sanitary Department of said City shall remove said offensive matter and/or cut such weeds and undergrowth on said property. Such work shall be done at the expense of the owner of said property. Upon completion of such work, executdon shall be issued by the Clerk of the City of Smyrna against said owner and against said property for such expense and all costs and the person returning such property for taxation in the City of Smyrna, or the person against whom said property may be assessed in the event there has been no return of such property by the owner of same, shall be deemed to be the true owner of such property. Said execution shall issue and be enforced as provided by the Charter of said City of Smyrna as Amended. Finance Chairman R. J. McCurry commented in council regarding July, 1962 financial reports. Discussion on bond forfeiture in Recorders Court, council made three motions which carried, all stemming from one recorded case calling for for- feiture of signed bond in the amount of $400.00. Motion, R. H. Wood, second R. J. McCurry: "The city refund Day Bonding Company $235.00 representing the difference between signed bond paid in July, 1962 as a forfeiture in the amount of $400.00 and the normal fine or fines assessed,per recorded charges, $165.00." Vote carried four to two. Motion, R. J. McCurry, second H. L. Smith: "Effective this date all sign- ed bonds shall be three times the normal cash bond and any person charged with a state offense (D.U.I.) shall stand trial in the City of Smyrna Record- ers Court. Failure of the defendant to be and appear for the third court call shall be authority of the court to forfeit signed bond in the full amount and further, all bondsmen to be so notified of this policy". Vote carried five to one. Ammendment-to the motion by H. L. Smith, second W. L. Keck: "The minimum signed bond, effective this date shall be $100.00". Vote carried. Committee to follow-up on all annexations was recommended by H. E. Ingram. Mayor J. B. Ables appointed the following committee: R. J. McCurry, Chairman; H. L. Smith and H. E. Ingram. R. H. Wood presented preliminary plat on Jonquil Park and requested approval. Motion, H. L. Smith; "We approve preliminary plat subject to changes in Parking Area". Second, H. E. Ingram, motion carried. 170" Continuation of August 27, 1962 Council approved expenses covering attendance of City Attorney, G. Conley Ingram at the 9th Institute for City and County Attorneys at Athens, Georgia. Motion to recess Recess 10:40 P. M. Next Meeting: September 10, 1962 7:00 o'clock P. M. 1st Item on Agenda - Oakview curb and gutter hearing; f A Qh� May J. B. Ables City erk: L. W. ""Charles Councilman, J. B. Rhodes (Contt.) Cou Gilman: R. J. c rry Fin. and Admin.) Councilman: H. E. Ingram (Streets)' unci H. L. Smith Ar (Fire Police) Councilman: J. W. Webb Councilman: W. L. Keck (Sanitation) (Water) Councilman: R. H. Wood (Parks)