10-03-1960 Regular MeetingOctober 3, 1960 1 9
Regular meeting of Mayor and Council was held pursuant to charter October 3, 1960
at City Hall, Smyrna, Georgia. Mayor G. W. Kreeger presided and called the meet-
ing to order at 7:00 o'clock P.M. All councilmen were present.
Council heard.the report from Civil Defense Director Mrs. George Dubuc relative
to disbursement of Civil Defense matching funds covering 50% of all salaries and
wages of personnel; 50% of all travel expenses of the director only and.further
that all expenditures approved. for paid personnel and. travel is subject to Federal
and. State audits. Council approved continuance of Civil Defense activity on this
basis through motion by J. B. Ables; second J. K. Chastain that; "We participate
in the program and adopt the plan effective January 1, 1961."
Council accepted. and. approved the plat on King Springs Subdivision Unit No. 2
as presented by J. L. Tatum, Developer, and authorized water facilities on all
lots in Unit No. 1 and 2 and sewerage on all lots in Unit No. 2 available for
tie -on. (Memo -approximately six lots on curvature of Pinedale, Pinehurst are
too low for sewer service.)
As no opposition appeared in protest to zoning application of H. I. McArthur,
Councilman W. B. Sanders moved."we zone from residential to business the improved
property of H. I. McArthur located on Concord. Road and known as No. 632 and No.
.� 638 subject to final approval of zoning ordinance and classifications as adopted
C\) by Mayor and Council. Motion seconded by H. E. Ingram and voted unanimous.
t-
[j_l Item No. 3 of the agenda called out petition and hearing on installation of 320
cc linear feet of curb and gutter on four lots fronting on the north side of Oak-
dale Drive:known as 432, 434, 436, and 438 Oakdale Drive. Motion H. E. Ingram,
second R. J. Austin: " We adopt the ordinance and secure bids for installation
of curb and gutter on the north side of Oakdale Drive. " Voted unanimous.
Council instructed Engineer S. P. Hensley to proceed. and submit plans covering
complete layout of a fenced in area on Corn Road to construct a proposed.city
owned garage.
Petition 6,v Mrs. Margaret Boucher,' 221 Highland Drive was presented in Council;
said.petitiork.requesting permit to operate a childs day nursery at the above
address... J. B. Ables' motion granted permission to operate a day nursery sub-
ject to license revocation based on complaints hinged on protective covenants
affecting the properties in Highlands Subdivision. MEMO: Although not stipu-
lated in the motion, revocation of permit based on accepted or proven violations
means denial of business license refund.
On W. B. Sanders' motion, -second W. L. Keck, the properties of the Brawner part-
nership located. in Land Lots 597, 598 and 599 were annexed into the corporate
limits of the City of Smyrna, said owners agreeing to abide by all ordinances,
codes and.regulations of the City and further agreed that all taxes for the year
1961 on the properties annexed.shall be paid to the City of Smyrna or an amount
equivalent thereto for services rendered. Voted unanimous.
On W. B. Sanders' motion, second W. L. Keck, Council by unanimous vote accepted
a 15 foot perpetual easement for sanitary sewerage purposes across Land Lot 598
of the Brawner properties. Easement to the City of Smyrna dated August 31, 1960
and signed by the partners and owners of the Brawner properties.
Council by unanimous votes
1. Authorized payment of delinquent taxes ($30.39) on the Morris property acquired.
as the site for present City Hall.
2. Set date of hearing, Atlanta Street zoning, on October 17, 1960 7:00 o'clock P.M.
3. Requested purchase and installation of materials for Bank, Stonecreek drainage.
4. Deferred group insurance coverage on volunteer fire fighters to 1-1-61.
5. Requested further study and report from Councilmen J. K. Chastain and H. E.
Ingram on traffic speed regulations.
6. Deferred.reading of September minutes to 10-17-60.
Reference was made to the minutes of July 19, 1960 which action by Mayor and Council
on unanimous vote adopted as read amendment to Land Subdivision Regulations page
No. 20 Item No. 703. Councilman H. E. Ingram read in council a correction to
amended ordinance of 7-19-60 and motioned "This council adopt amended ordinance
f
20
Continuation October 3, 1960
as amended 10-3-60 was adoptedon unanimous vote.
The amended ordinance dated 10-3-60 strikes out paragraph 1 of item 1.
Paragraph 2 therefore becomes paragraph 1, paragraph 3 becomes paragraph
2 as belowed amended and paragraphs 3 and 4 are inserted as described below:
Item 2 amended:
" The sewer system shall be installed either by the City or by an independent
contractor under a contract with the .-City at a cost of $200.00 per tap to
the owner in addition to the actual cost of any pump or lift station that
the City may deem necessary for the effective use of the sewer system -and
any rock excavation encountered in the sewer installation, or by a contract
between the owners and developers of property, and an independent contractor
with the owners and developers paying the full installation cost. The
owner shall furnish the City surveys and plats showing streets, layouts and.
sewer line profiles in the area in which sewer taps and service are requested
and same will be subject to approval by the City to insure that engineering
standards prescribed by the City for such projects are met. The estimated
cost of each sewer project shall be paid cash in advance by the owner at the
time of each request for sewer services if performed or contracted by the
City."
Item 3':
The City's policy on installation of sewer systems was officially declared and
prescribed for the City by the Mayor and Council at a meeting of same held
at the City Hall_on August 8, 1960.
Item 4:
The City's policy on sewer installation cost was officially declared and
prescribed.for the City by Mayor and.Council at a meeting of same held at
the City Hall on September 19, 1960.
William J. MacKenna requested a firm decision on interpretation of contract
dated 1957 regarding sewerage facilities in Land. Lots 700-739-701-740 and
741. In the discussion, mention was made of the March 1959 annexation petition
and April 13, 1959 action of council regarding said annexation of above pro-
perties. During the discussion and interpretation by City Attorney G. C.
Ingram, action'came when J. B. Ables motioned seconded.by H. E. Ingram as
follows: "That any contract negotiated or entered between City of Smyrna
and the Wm. J. MacKenna Company for installation of water services or sewer-
age facilities shall be in accordance with the policy in effect by action
of Mayor and. Council as called out in the finalized. and. approved minutes of
April 13, 1959, which action sets up policy procedure andregulations per-
taining to annexation of the aforesaid properties of the Wm. J. MacKenna
Company." The vote by Council was unanimous.
Councilman J. K. Chastain excused 10:00 P. M.
An ordinance restricting the hours, sound and parking of vendors selling
from trucks was read in council. On R. J. Austin's motion the ordinance
as re -drawn and read was accepted on unanimous vote. R. J. McCurry seconded
the motion. Copy of ordinance effective 1-1-61 entered in the minutes and.
made a part thereof .
ORDINANCE
BE IT ORDAINED by the Mayor and City Council of the City of Smyrna
and it is hereby ordained by authority of same as follows:
Section 1. It shall be unlawful for any person, firm or corporation
owning or operating any motor or other vehicle from which ice cream or other
personal property is sold.to the general public by traveling upon and going
from street to street for the purpose of making individual sales of such
personal property to operate such motor or other vehicle upon the streets of
Smyrna for the purpose of engaging in such business between the hours of
four P.M. and eight A.M. Eastern Standard Time.
Section 2. It shall be unlawful for any person, firm, or corpor-
ation owning or operating any motor or other vehicle from which ice cream or
other personal property is sold to the general public by traveling upon and
going from street to street for the purpose of making individual sales of
such personal property to park said motor or other vehicle while using it for
business purposes on any part of a public street.
Continuation October 3, 1960
21
Section 3. It shall be unlawful for any person, firm or corporation
owning or operating aforesaid motor or ether vehicle to make sales in and upon
any street in the City of Smyrna.
Section 4. It shall be unlawful for any person, firm, or corporation
owning or operating aforesaid motor or other vehicle to operate said motor or
other vehicle upon the streets of Smyrna while engaging in business and at the
same time playing from said motor or other vehicle, a bell or music or while
operating said.motor or other vehicle upon the streets of Smyrna while en-
gaging in business and at the same time, utilizing a loud speaker or other
device to attract customers.
Section 5. Any person, firm or corporation found guilty by the City
Recorder of Vlolating any section of this ordinance shall be punished by a
fine not to exceed $100.00, by imprisonment in the City Jail,not to exceed.
90 days, or by work on the streets, sidewalks or public works of the City,
not to exceed 30 days, or by one or more or all of these punishments as the
Recorder may in his discretion see fit to impose.
Mayor G. W. Kreeger announced.the following administrative assignments:
(a) Councilman R. J. McCurry - in charge of all the functions and responsi-
bilities of Sanitary operations and. Disposal Plant Personnel. Effective
October 4, 1960.
(b) Councilman R. J. Austin in charge of all functions and responsibilities
pertaining to Parks and. Recreation. Effective October 4, 1960.
Council authorized upon reading amendment No. 4 (Financial Aid to Georgia
Municipalities) that said amendment be adopted -by Mayor and Council and pub-
lished as a resolution urging all citizens to give their vote and. support in
the November General Election. Motion H. E. Ingram, second. W. L. Keck.
Voted unanimous.'
The bid of J. E. Lovern, Contractor, for 720 feet more or less of sewerage
out -fall line through the Brawner Property Land.Lot 598 was opened. The bid,
per specifications called out, was $3,447.70 excluding rock excavation. R. J.
McCurry motioned.we accept the bid, on R. J. Austin's second.the vote was
unanimous.
Motion to adjourn - R. J. Austin
Adjourn 10;38 P. M.
Next meeting - To Be Announced..
October 10, 1960
Meeting of Mayor and. Council held at City Hall October 10, 1960 was called
for the purpose of opening sealed bids per published. specifications covering
a portion of the sewerage expension system of the City of Smyrna. Mayor G. W.
Kreeger called the meeting to order at 7:00 o'clock P.M. All councilmen were
present.
Mayor G. W. Kreeger ordered the sealed.bids received be opened and recorded. in
the finalized.minutes.
Item & Location
A.Highland-Hawthorne
B.Northview-S.Atlanta St.
C.Morris Circle
D.Pumpi, Station
TOTAL
CONTRACTOR
J. E. Lovern
Hale Contr. Co.
R. L. am y
6,949.80
NO BID
.8,106.40
10,565.6o
14,887.75
13,381.0o
5,703.85
7,880.25
6,142.40
61,294.o5
NO BID
7,904.17
$9,
_513.30 7TT—
05,533.7