12-20-1965 Schduled Mid-Monttly Meeting153
DECEMBER 20, 1965
The scheduled mid -month meeting,of Mayor and Council was held
at the City Hall; Smyrna, Georgia, December.201_1965,_and called -to
order at 7:30 P.M. Mayor G. W. Kreeger was,abs,ent and presiding
In his absence was Mayor Pro-Tem R. J. McCurry. Members of Council
present; J. C. Porterfield, Homer Kuhl, J. ,B. Ables, C. M. Chapman,
R. H. Wood and D. L. Mixon. Also present, City Building Inspector,
Attorney, and Clerk, plus department heads and the press.
In the first order of business, Council was presented a
signed petition by home owners in the area of 390 Concord Road,
the former residence of Mrs. Elizabeth Shirey. Mrs. Shirey
operated a one chair beauty shop at this address up -through the
years prior to -her moving to Hawthorne Street. On the basis of
the petition, Councilman J. B. Ables motioned that a use permit
be granted :,to-Mrs....Elizabeth Shirey for .a one -chair beauty shop
at 390 Concord Road subject to the following conditions: no signs
to be erected, no parking on Concord right-of-way,'no employees
shall be hired in .this operation. Motion seconded by J. C.
Porterfield and voted unanimous. '
Mr. C. J. Griffin of Kennesaw was granted permission to dis-
mantle and .transport all materials_ of the Jackson Home on Bank
Street. Tear,down'in ,this instance means„clean up of -'debris,
enter and sign a legal,contract, and.evidence of insurance coverage.
The motion by R.-H.-Wood, second by -Homer Kuhl and carried.
The Leonard property on Powder Springs Street at Sanford Road
dame up for hearing. The petitioner, Mr. Bernard Long requested
rezoning from R-1 to R-2, town houses, restricted. He proposed to
build 39 units on -"the 2.87 acreswith 62 parking_spa-ces for auto-
mobiles, each unit with a market value of $13.,500 to $14,500. There
were 28 people in the area of influence in attendance opposing the
rezoning who presented the usual 'objection's.. During the discussion,
Councilman Homer Kuhl moved the application for rezoning be denied.
Motion secnnded'by R.-H. Wood and voted -unanimous.
The zoning petition, R-2 to "C" District, covering the Military
Corporation properties on Corn'Road was'deferred pending final
determination on Spring Road right-of-way acquisition. *.
The request for annexation and zoning for the J. E. Lovern
property on Corn.Road was deferred pending.submission of plats and
legal description.,
The annexation petition submitted by Mr. W. M. Reed was in-
corporated into the City limits under the current -county C-1
zoning classification on motion by D.- L. Mixon, second J. B. Ables,
and passed on a five to one vote, C'. M.•.Cha,pman voting against..
MEMO: The property located at the intersection of Concord Road
ancT-No. Co6per Lake- Road will be developed --into convenience type
stores; approval of all building permits through Council action;
and shall be included in the ward maps in the City of Smyrna in
Ward No. 7. It is,also noted in the.minutes that the petitioner
..shall abide by all City ordinances, codes and regulations, shall
pay 1967 ad'valorem taxes or an amount',equivalent thereto for City
services rendered.'
Building Permits ('Issu:ed on recommendetIdn of building inspector)
Petitioner and Location Description Disposition
Ask -Kay Electric
Ventura Road
Smyrna Federal S & L
Assn., Cherokee Rd.
Radio antenna Approved, motion J.B. Ables
townr- second, J.C. Porterfield
Sign Approved, motion J.C. Porter-
field, second, Homer Kuhl
154
(Continuation of December 20, 1965 Meeting)
Building Permits contfd
Duke Tire Co. Retail Store
Approved, motion, J.V. Eorter-
field; second,-'J., B.,. Ables
(30 ft. rear yard set back
waived to 25 ft.)
Johnny Reb Food Stores Retail Store Approved, motion, J.B. Ables,
So. Cobb -Drive second, J. C. Porterfield
(Subject to soddin banks
to prevent erosion
Johnny-Reb Food Stores Retail Store (Denied, on basis of re -
Cherokee Road strictive zoning of'6-24-63)
(W. C. Patterson Motion, J. C. Porterfield,
property) second, C. M. Chapman
Palmer & Henson Garage sign Approved, motion J.B. Ables,
So. Cobb Drive second, Homer Kuhl
Council requested amended plans showing additional storage area
and wash room facilities to be erected at'the rear of the main
structure of the R. E. Maxwell grocery store on So. Cobb Drive.
Storage area to include outside doors with inside doors from
the main structure to the wash rooms. It was the council opinion
to assign sole authority to the building inspector pending com-
pliance of all City building codes pertaining to the erection of
this structure. The above on motion of Homer Kuhl, second C. M.
Chapman, and voted unanimous.
Mr. -Berl T. Tate,
date on the Spring Road
out -all options by the
City Attorney, brought the Council up to
progress and stated he expected ,O_ close
end of the year.
Council discussed the sanitary sewer installation in Bennett
Woods Unit No. 4 and on motion by J. B. Ables, Bennett Realty
Company was authorized, per City regulations, to install the
sewerage system, the City waiving the $200.00 per unit tap on.
Motion -seconded by Homer Kuhl and carried.
Consultant engineer, Philip J. Sutton, reported that all
surveys regarding relocation of Spring Road facilities were
complete and that check out with the State Highway Department
was in progress to determine estimated cost.
Attorney Berl T..Tate read -in Council a proposed ordinance
to amend the City of Smyrna Charter removing the 1965 requirement
that the City of Smyrna Recorder be an active member in good
standing of the State Bar of Georgia. (See Ga. L. 19659 P. 3023).
A notice of intention to amend the Charter of the`City of Smyrna
was authorized for publication in a newspaper of general circu-
lation"for a period of three weeks beginning December 23, 1965
through January 6, 1966. The discussion of the ordinance'to'_amend
the City of Smyrna Charter and publication of same caine-on'motion
by Homer Kuhl, second by R. H. Wood. Motion passed five to one,
C. M. Chapman voting against.
Councilman Homer Kuhl discussed salaries, sick leave policy,
and earned vacations .in.connection with on-the-job injuries of
Sgt. J. L. Edge and Capt. Carl Carson, and in discussion moved
that the City shall pay the going salary concerning the above
two injured employees, less any and all compensations received
by the said injured employees from insurance coverage carried
by the City. This policy in effect above date and retroactive
in above cases to the date of injury and shall be in force for
a period of 16 consecutive weeks after all current sick leave
and vacation allowance is absorbed. Motion seconded by C. M.
Chapman and voted unanimous. MEMO: It was recommended that the
Mayor and Council consider a salary payment policy when securing
bids covering insurance of City employees in the future.
i55 .
(Continuation of December 20, 1965 Meeting)
Financial reports for October were distributed and the Minutes
covering the meeting held at City Hall December 6, 1965. On motion
of J. B. Ables, second by J. C. Porterfield, the Minutes of December
6 meeting were adopted.as corrected.
The surplus of one jeep was referred to Councilman Homer Kuhl
for action and report.
The December meeting of the Cobb County Municipal Association
was set for December 28, 1965, 7:30 E.M., at the Marietta Country
Club. Ten members from the City of Smyrna stated they would attend.
The Council approved the Hensley -Schmidt invoice covering
engineering for the months of September, October, November 1965 in
the amount.of.$1,635.90.
Motion by Homer Kuhl directing Fire Chief C. C. Porterfield to.
become an'active mekber in the Cobb County Fire Chiefs Association,
second by J. B. Ables and carried.
In final action,,.the motion by J. B. Ables-authorized City
officials to sign quit claim deed from property owners on Belmont
Circle which calls out.the dedication of.a 40 ft. right-of-way
on the east right-of-way of the John Ward property. Motion seconded
by D. L. Mixon and voted unanimous. �+
Motion to adjourn 1000 P.M.
Next meeting, January 3, 19669 7:30 P.M., City Hall, Smyrna, Ga.
Above dated Minutes (12-20-65) represent final meeting of 1965.
During the year 27 regular and called meetings were held and recorded
In the finalized Minutes, Page No. 83 through Page No. 155•
• y b ,
G. W. Kreeger, Mayor ar , City Clerk
Mc Ed
rry, Counc a r 1 es, Councilman, Ward
Finance Administra ionSy6ritation
H. Wood , Counc man Wad Homer Kuhl, Councilman, Ward
Parks & Recreation Police, Fire & CD f* s
Daniel xon, Councilman WarU #5 70. C. PorterfiMld,'Councliman
Water and #6, Str is & Maintenance
Chapman, Councilman at LFF-ge
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CITY`OF SMYRNA - CHARTER AMENDED
An Ordinance to amend an Act creating a new charter for the City of
Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended
particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1586),
an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an'Act
approved February 25, 1953 (Ga'. L. 1953, Jan. -Feb. Sess., p. 2591),
an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved
February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved March 5,
1957 (Ga. L. 1957, p. 2540), an Act approved February 11, 1958 (Ga.
L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, P.
3217), an Act approved March 17, 1960 (Ga. L. 1960, p. 2505), an Act
approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March.
2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L.:
1963, p. 2424),an Act approved March 11, 1964 (Ga. L. 1964,:p. 2913),
and an Act` approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to
amend said charter as amended in order to remove the requirement that!'
the Recorder of the City of Smyrna be an active member in good stand-
ing of the State Bar of Georgia; to repeal conflicting laws; and for
other purposes.
s
Be it ordained by the council of the City of Smyrna and it is hereby
ordained by the authority of same:
Section-1. An Act creating a new charter for the City of Smyrna;
approved August 27, 1931 (Ga. L. 1931,.p. 955), as amended particularly, -
by an Act approved March 15,, 1943 (Ga. L. 1943, p. 1586), an Act approved
February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25,
1953.(Ga. L. 1953, Jan. -Feb. Sess., p. 2591), an Act approved March 4,
1955 (Ga. L. 1955, p. 2656), an Act approved February-13, 1956 (Ga. L.
1956, p. 2265), an Act approved March. 5, 1957 (Ga. L. 1957, p. 2540),'
an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an,Act approved_
March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March.l7;'1960
(Ga.. L. 1960,_p. 2505), an Act approved March 28, 1961 (Ga. L.'1961, p.
2571), an Act approved March 2, 1962 (Ga. L.1962, p.,2550), an Act
approved March 20, 1963 (Ga.-L. 1963, p. 2424), an Act approved March 1
11, 1964 (Ga. Lr 1964, p. 2913), and an Act approved March 31, 1965,
(Ga. L. 1965, p. 3023), is hereby amended by deleting the third sentence
of Section 35, which reads "Said recorder shall be an -active -member in
1
good standing o the Stat Bar of Georgia," so that when amended said
section of, said charter sill read as follows: y:
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"Section 35. Be it further enacted, that there is hereby
created a recorder's court for the trial of all offenders
against the laws and ordinances of said city,, Said,°court
shall be presided over by a recorder. Said.court shall have, {
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the power to preserve order, compel the attendance of witnesses,
compel the production of books and papers to be used as evi-,
deuce, to punish for contempt, and to exercise all the°powers
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incidental to a police court. Said court shall have the
power to punish violations of this charter, or of any ordinance
of said city, by a fine not to exceed two hundred-dollars,.by'
imprisonment in the city jail not to exceed ninety days,`com-
pelling attendance at the City Traffic School, and to punish
1
for contempt for failure to attend, or by work on the streets,,;
sidewalks, or public works of said City -of Smyrna, -not to
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exceed thirty days, or by one or more or all of these .punish-
ments, as the recorder may in his discretion see fit to -impose;
provided, however, that all violations of city-ordinances'for
which the defendant shallt be entitled to a trial by jury .upon• ','.
being bound over to a higher court shall be punished by a fine=
not to exceed three hundred dollars, by imprisonment in the
city jail not to exceed 90 days or work on the streets, 'side-'
'by
walks or public works of the city not to exceed 30 days or .
one or more or all of these punishments as the recorder -,may in
his discretion see -fit to impose in the event the defendant
s
,
voluntarily waives trial by jury and is found guilty by the
city recorder upon a trial in said recorder's court.-. The
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fines imposed under,:,,this section may be,colaected.by execution
against the defendant and,against his property." ,
R°
Section 2. Be it further enacted, that in the event.of;MAny.
section,
subsection, sentence, clause or phrase of this Or.d.inaxice;being.'
d
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declared'or adjudged invalid or unconstitutional, such adjudication
shall in no manner affect the other sections, subsections; sentences;
clauses or phrases of this Ordinance, which shall remain of full force
and effect, as if the section, subsection,'sent.ence, clause or phrase so,-,
" declared or adjudged invalid or unconstitutional was not originally a +"
part hereof. `
Section 3, The provisions of this Ordinance become effective
immediately upon its being passed by two consecutive meetings of the',,.,
Council of the City of Smyrna not less than seven'nor more than sixty
days apart.
Section 4, All laws and parts of laws in conflict with this
ordinance are hereby repealed.
Section 5. Be it further ordained, however, that all powers'
belonging to said city, as now incorporated; and all rules,„ordinances
t and regulations of said city, not in conflict with this Ordinance,"shall,
be and reamin in full,force and effect.:
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MAYOR I S OATH OF 'OFFICE
I, George W. Kreeger, do solemnly swear that I will well and truly demean
myself as Mayor of the City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of my
ability, without fear or favor, and in all my actions as MAYOR act as I
believe for the best interest of the said City. So help me God.
Subscribed and sworn to before
me this 3rd day of January, 1966
Judge, Superior/Court
Cobb Judicial ircuit
or, eorge ger e
COUNCILMAN
I, C. W. Armour, do solemnly swear that I will well and truly demean myself
as Coune man of -the City of Smyrna for the ensuing term, and that I will faith-
fully enforce the Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as COUNCILMAN act as I believe for
the best interest of the said City. So help me God.
Subscribed and sworn to before
me this 3rd day of January, 1966
Judge, Superior Court
Cobb Judicial lCircuit
G_
ounc man ward
C. W. Armour Seal
COUNCILMAN
I, J. B. Ables, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and that I
will faithfully enforce the Charter and Ordinances of said City to the best
of my ability, without fear or favor, and in all my actions as COUNCILMAN act
as I believe for the best interest of the said City. So help me God.
qOrficilthan Ward
J. B. Ables Seal
Subscribed and sworn to before
me this 3rd day of January, 1966
COUNCILMAN
I, Roy H. Wood, do solemnly swear that I will well and truly demean myself
as Councilman of Ma City of Smyrna for the ensuing term, and that I will faith-
fully enforce the Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as COUNCILMAN act as I believe for
the best interest of the said City. So help me God.
Subscribed and sworn.to before
me this 3rd day of January, 1966
Judge, Superior/Court
Cobb Judicial ircuit
ls�
To—uncilmarf War
Roy H. Wood Seal
COUNCILMAN
I. Homer Kuhl., do solemnly swear that I will well and truly demean myself
as CouncTIman-o-rThe City of Smyrna for the ensuing term, and that I will faith-
fully .enforce the Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as COUNCILMAN act as I believe for
the best interest of the said City. So help me God.
CounclIman Ward
Homer Kuhl Seal
Subscribed and sworn to before
me this 3rd day of January, 1966
Z I
u ge, Superi6f Court
Cobb Judicial/Circuit
COUNCILMAN
I. Daniel L. Mixon, do solemnly swear that I will well and truly demean
myself as CounciTm_a_n__U the City of Smyrna for the ensuing term, and that I
will faithfully enforce the Charter and Ordinances of said City to the best
of my ability, without fear or favor, and in all my actions as COUNCILMAN act
as I believe for the best interest of the said City. So help me God.
f
Councilman Ward
Daniel L. Mixon Seal
Subscribed and sworn to before
me thAs 3rd day of January, 1966
V LLUr"U p V 4 .F. X y v V IAf. v
Cobb Judicial ircuit
COUNCILMAN
I. John C. Porterfield, do solemnly swear that I will well and truly demean
myself as Councilman of thi City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of my
ability, without fear or favor, and in all my actions as COUNCILMAN act as I
believe for the best interest of the said City. So help me God.
Subscribed and sworn to before
me this 3rd day of January, 1966
Cobb Judici ircuit
aj"d(.. ,
o nci man Ward
John C. Porterfie Seal
COUNCILMAN
I, Bill F. Stewart, do solemnly swear that I will well and truly demean
myself a-s-M—uncilman of the City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of my
ability, without fear or favor, and in all my actions as COUNCILMAN act as I
believe for the best interest of the said City. So help me God.
,i' G
o ,vati man ar
Bill F. Stewart Seal
Subscribed and sworn to before
me this 3rd day of January, 1966
Judge, Superior Xourt
Cobb Judicial 91rcuit
CITT CLERK
I, L. W. Charles, do solemnly swear that I will well and truly demean myself
as City C erc of the City of Smyrna for the ensuing term, and that I will faith-
fully enforce the Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as CITY CLERK act as I believe for
the best interest of the said City. So help me God.
y Clerk
L. W. Charles Seal
Subscribed and sworn to before
me this 3rd day of January, 1966
juage, ouperi�w uourti
Cobb JudiciaY Circuit
CITY ATTORNEY
I, Berl T. Tate, do solemnly swear that I will well and truly demean myself
as City -Attorney-6 6 b City of Smyrna for the ensuing term, and that I will
faithfully enforce the Charter and Ordinances of said City to the best of my
ability, without fear or favor, and in all my actions as CITY ATTORNEY act as
I believe for the best interest of the said City. So help me God.
City Attorney
Berl T. Tate Seal
Subscribed and sworn to before
me this 3rd day of January, 1966
COURT RECORDER
I, George E. Bridwell , do solemnly swear that I will well and truly
demean myself as Court RecoFder of the City of Smyrna for the ensuing term, and 4`
that I will faithfully enforce the Charter and Ordinances of said City to the
best of my ability, without fear or favor, and in all my actions as COURT
RECORDER act as I believe for the best interest of the said City. So help me
God.
Subscribed and sworn to before
me Ws 3rd day of January, 1966
vuur'Gj V%A!FG Wl VYKA v
Cobb Judicial ircuit
our ;�ird—er 9 L, k
Seal
COURT RECORDER
I, C. V. Reeves , do solemnly swear that I will well and
truly demean myself as Court Recorder of the City of Smyrna for
the ensuing term, and that I will faithfully enforce the Charter
and Ordinances of said City to the best of my ability, without
fear or favor, and in all my actions as Court Recorder act as I
believe for the best interest of the said City. So help me God.
Subscribed and sworn to before
me this 19th day of February
1966
Court -Recorder- Seal
Mayifr, City oS,/Smyr
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