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05-16-1977 Regular MeetingMay 7, 1977 A special called meeting of Mayor and Council was held May 7, 1977 for the purpose of discussion and adoption of a Code of Ordinances for the City of Smyrna. The meeting was called to order by Mayor Arthur Bacon at 9:00 A.M. All Councilmen were present. Also present was Willouise Spivey, City Clerk. The Resolution creating the Code of Ordinances for the City of Smyrna was reviewed, discussed, and on motion by Homer Kuhl, seconded by Rem Bennett, was adopted by unanimous vote, effective July 7, 1977. May 16, 1977 The regularly scheduled meeting of Mayor and Council was held at City Hall, May 16, 1977. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present. Also present was Attorney Charles Camp, City Clerk Willouise Spivey, Controller Ron Egger, Parks and Recreation Director Lee Silver, Inspector David Granade, Police Chief Everett Little, Fire Chief Don Atkinson, Assistant Public Works Director Vic Broyles and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. No citizens reports. Annexation - Homer Kuhl made a motion that 18.820 acres located in LL 242 be annexed into the city with the same zoning classification as it was in Cobb County, R-20, single family residential, and be made a part of Ward 7. Jerry Mills seconded the motion and the vote was unanimous. Commercial building permits were presented by Inspector David Granade and upon his recommendation the following action is recorded: (1) A permit was requested to remodel the interior of two suites of the Cherokee Medical Building, located at 969 Cherokee Road. Plans met the requirements of the Fire Marshall, also the building Inspector. Rem Bennett made a motion the permit be approved. Elbert Coalson seconded the motion and the vote was unanimous. (2) Shell Oil Company, 2995 Atlanta Road, requested a permit for a quick food service. It was not clear how they planned to operate this service and a representative of the company was not present. Jerry Mills made a motion this request be tabled until the next meeting. Rem Bennett seconded the motion and the vote was unanimous. (3) A request was made to remodel 2512 Spring Road for an Amvet Center. Homer Kuhl made a motion this be tabled until the next meeting since a fee had not been set for this type license and he thought we should check the State law. Jim Tolleson seconded the motion and the vote was unanimous. Attorney Camp said he understood the enforcement of House Bill 410 has been enjoined and he thought we should get the opinion of the Attorney General. Mayor Arthur Bacon appointed a committee of three, Homer Kuhl, Jerry Mills and Elbert Coalson to study the proposals for. the Industrial Development Feasibility Study and get back with council as soon as possible. Committee Reports: Jim Tolleson, pointing to a stack of signs, stated that David Granade had been busy taking yard and garage sale signs off poles all over the city. David said he had only given warnings so far. Mr. Kuhl commented he still thinks we need an ordinance to control yard sales, similar to the one he presented some time ago. Jim Tolleson stated the Fire Department Rule Books had been printed and distributed; also the King Springs Pool project is off for now, due to lack of money. Bill Darby had no report. Mayor Bacon asked Police Chief Little to elaborate on the aid given Cobb County Police Department this afternoon. Chief Little stated they received a call from Cobb County asking us to respond to a robbery call in Oakdale. Our unit chased the suspect to a home. He bolted the door and started shooting. After 42 hours, they talked him into giving up. It was an excellent example of cooperation and coordination between the different Police Departments. � r SPECIAL CALLED MEETING OF MAYOR & COUNCIL OF CITY OF SMYRNA A special meeting of Mayor and Council of the City of Smyrna having been called for 9:00 o'clock A.M., May 7, 1977 at City Hall at the City of Smyrna for the purpose of the discussion and adoption of a Code of Ordinances of the City of Smyrna; And notice of time, place and purpose of said meeting having been waived by Mayor and each Councilman; The attached resolution is hereby adopted creating Code of Ordinances for the City of Smyrna. ARTHUR T. BACON, MAYOR S E. TOLLESON,' WARD 1 WILLIAM F. DARBY, WARD 2 RRY MILI A 3 HOMER KUHL, WARD C. 0. CANADA, M 9f 4 A .t t 5 ADOPTING ORDINANCE AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDI- NANCES OF THE CITY OF SMYRNA, GEORGIA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 23 inclusive, is hereby adopted and enacted as the "Code of Ordi- nances, City of Smyrna, Georgia, " and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before October 20, 1975, to the extent provided in Section 2 hereof. Section 2. That all provisions of such Code shall be in full force and effect from and after -the 7th day of July , 1977 , and all ordinances of a general and permanent nature of the City of Smyrna, enacted on final passage on or before October 20, 1975, and .not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 7th day of July , 197 7 , except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed. Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right estab- lished or accruing before the effective date of this ordinance; (b) Any ordinance promising or guaranteeing the pay- ment of money for the City or authorizing the issuance of any bonds for the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; (c) Any administrative ordinance of the City not in conflict or inconsistent with the provisions of such Code; (d) Any ordinance fixing positions, classifications, salaries wages or retirement benefits of officers or employees of the City; (e) Any appropriation ordinance; (f) Any right or franchise granted by the Mayor and Council to any person, firm or corporation; (g) Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc. , any street or public way in the City; (h) Any ordinance establishing and prescribing the street grades of any- street in the City; (i) Any ordinance providing for local improvements or assessing taxes therefor; (j) Any ordinance dedicating or accepting any plat or subdivision in the City or providing regulations for such acceptance; (k) Any urban renewal ordinance; (1) Any ordinance regulating zoning and subdivisions in the City; (m) Any ordinance prescribing traffic regulations for par- ticular locations, such as stop intersections, one-way streets, no parking zones, speed limits, etc. ; (n) Any ordinance making any act or failure to do any act an offense against the City, when such ordinance is authorized under the state law and is not incon- sistent with such Code; (o) Any ordinance inposing taxes, or providing for the levying or collecting thereof; (p) Any ordinance prescribing City utility rates or charges, not in conflict herewith; (q) Any ordinance enacted after October 20, 1975. Such repeal shall not be construed to revive any ordinance or part of an ordinance which has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. That whenever in;such Code an act is prohibited or is made or declared to be unlawful or an offense by the mayor and council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the mayor and council, and no specific penalty is provided therefor, the violation of any such provisions of such' Code shall be punished by a fine of not more than two hundred dollars ($200. 00), or for imprisonment for a term not exceeding ninety (90) days, or both of these punishments, ,or by sentence to work on the public works not exceeding thirty (30) days, as provided in the Charter and Secion 1-8 of such Code. Section 5. That any and all additions or amendments to such Code when passed in such form as to indicate the intention of the mayor and council to make the same a part thereof shall be deemed to be incorpo-, - ratedin such Code so that reference to the "Code of Ordinances, City of Smyrna, Georgia, " shall be understood and intended to include such additions and amendments. Section 6. That in case of the amendment by the mayor and council of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-8 of such Code shall apply to the section as amended; or incase such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section'7. That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all ordinances which indicate the intention of the mayor and council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be repealed from time to time by the mayor and council. This copy of such Code shall be available for all persons desiring to examine the same. Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Smyrna to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-8 of the Code of Ordi- nances of the City of Smyrna and in Section 4 of this ordinance. Section 9`. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. That this ordinance shall become effective on the 7th day of July , 1977 PASSED, APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL on the day of May 7 197 7 Mayor ) f %, '0 City Clerk (Continuation of May 16, 1977 Meeting) Jerry Mills read a letter to the Sanitation Committee from Vic Broyles stating that due to a misunderstanding in specifications bid sheets, the wrong chassis was sent to Gadion, Ohio by Capital Ford. It is not possible to use the chassis that was sent due to weight (too light for certification). The bid price for the chassis sent to Ohio was $12,895.82. In order to purchase the chassis per specifications, we have found a 1977 chassis for $16,914.68 or 1976 chassis for $15,638.86. If we were to rebid specifications it would take at least 4 to 5 months for delivery of chassis. The 20 yard body is ready and waiting to be mounted on chassis. Jerry Mills made a motion the committee be given authority to act, after meeting with the Finance Committee. Homer Kuhl seconded the motion and the vote was unanimous. Homer Kuhl stated we had 45 days to approve the budgets. A meeting was called for 6:00 P.M. tomorrow to review budgets for Public Works. Elbert Coalson stated the lack of water last week was caused by a break in the water main in the county, and he h6ped this did not happen again. Rem Bennett stated that about 90 percent of the citizens attending the public hearing on expenditures of the Revenue Sharing Funds were senior citizens, who requested new rest rooms at the Center. Mr. Bennett said these rest rooms had been completed, as well as several other repairs, and the senior citizens thank us for what we have done. Mayor Bacon stated we were really having a problem with barking dogs and should enforce the nuisance ordinance. David Granade said he had made some cases within the last month and two of these citizens have solved the problem by putting slats through the fence, blocking the view from the street. Mayor Bacon, referring to the letter from C. J. Fouts about his buying the land behind the land fill, stated Bob Farrar said the land would probably bring from between $500 and $1000 per acre. Before we can sell however, the land must be appraised, declared surplus and bids must be requested. Jerry Mills made a motion the closing of Powder Springs Street Railroad Crossing be removed from table. Rem Bennett seconded the motion and the vote was unanimous. Jerry Mills made a motion a letter be sent to the L & N Railroad notifying them the crossing will not be closed. Rem Bennett seconded the motion and the vote was unanimous. Citizens Input - Bill Lucas requested a side yard variance on property at the corner of Lee and Concord Road. He stated he had operated Bill's Tire Store on Atlanta Road for a number of years but had sold the property to the Cobb County Board of Education. He requested the variance in order to erect a small building and move his business to Concord Road and Lee Street. To front on Lee Street he would require a 10 foot set back, and it would also have to be rezoned. C. 0. Canada said he thought when this property was rezoned 0-I there was a stipulation no business would ever front Lee Street. The minutes will be checked before any action is taken. There being no further business, the meeting was adjourned at 8:07 P.M. ARTHUR T. BACON, MAYOR WILLOUISE SPIVEY, CI r LERK AMES E. TOLLESON, WARD 1 WILLIAM F. DARBY, WARD 2 3 - HOMER KUHL , WARD 4 C. 0. CANADA, WARD-5- LBERT R. COALSON, WARD 7 tip •�, •D