Misc Info FYI:
This is one of at least a dozen+ blogs that I have about Kennesaw and all of them are pretty much out of service as I have been gone from K for just over 3 yrs, after 15 years living there.
So with the passage of time I have posted less and less. The site 'may' now and then have another post but it is pretty much off my radar scope these days. So take a look, you might find something of interest, I see that several folks come back repeatedly and are probably disappointed to find nothing new here. Thanks for looking in -
Bill Harris, Canton, Ga.
7/30/16
Kennesaw City Council votes to adopt millage rate, not to pursue debt owed
7/20/16 Anthony White MDJ
KENNESAW — The Kennesaw City Council approved a resolution to adopt new fiscal year millage rates that are the same as last year’s rates at its regular meeting Monday.
The council approved the city’s proposed 8 mill rate for maintenance and operations and its 1.5 bond millage rate by a 4-0 vote. Councilman Nimesh Patel was not present for the vote.
The millage rate approved by the council is the same as it has been for the last eight years, according to the city.
Proceeds collected through the maintenance and operations millage rate are used to fund such general government expenses as public safety, public works and parks.
The bond millage rate is levied to fund the debt service on the $15 million recreation and traffic safety bonds approved by voters in 2004, according to the city.
The millage rate approved by the council is the same as it has been for the last eight years, so taxpayers will only see an increase in their taxes owed to the city if their property values increased.
A home appraised at $200,000 would result in a tax bill of $760 if not granted any exemptions.
The council also voted not to proceed with collection actions on an $18,798 judgement against Swift Wheels Inc., a company that was administratively dissolved by the Georgia Secretary of State in 2012.
In December 2010, the city received a judgement against Swift Wheels in Cobb Superior Court, but Swift Wheels has failed to pay the amount owed.
The debt involved a commitment to contribute to the funding of a skateboarding facility that was not fulfilled, according to city officials.
The city’s legal department recommended that the city not proceed in collection action against Swift Wheels because of the cost of collecting the money owed, which the officials estimated to be $5,975 to $7,350.
“I just want to be clear that we all realize that these are taxpayer dollars we‘re talking about,” said Councilman James Eaton. “My question to the audience is, would you spend $7,000 to possibly collect $18,000 when your odds of getting that $18,000 are probably not very good. That’s the basis for which I’ve made my decision and on which I will vote right now.”
The council voted 3-1 not to proceed with collection actions against Swift, with Councilwoman Yvette Daniels cast the dissenting vote.
Council Action Summary July 18 Meeting
MINUTES OF MAYOR & CITY COUNCIL MEETING
CITY OF KENNESAW
Council Chambers
Monday, July 18, 2016
VI. OLD BUSINESS
A. The City entered into a Consent Judgment with Swift Wheels, Incorporated ("Swift") in the Superior Court of Cobb County, Civil Action File No. 09-1-1214228, on December 14, 2010. The Consent Judgment required Swift to pay to the City the amount of $18,798.47. Swift failed to pay the City the amount owed. On September 5, 2012, Swift was administratively dissolved by the Georgia Secretary of State.
The estimated cost to attempt collection of the Judgment is as follows:
Post-judgment interrogatories 5-7 hrs - $625 to 875; possible deposition 5-7 hrs - $625 to 875; court reporter costs and transcript $500; Renew the Judgment, drafting motions, order 5-7 hrs - $625 to 875; Asset investigation 5 hrs - $625; Investigation costs, DNB report, Intellius, PI $500; Court Appearances if needed, court preparation, costs 7-10 hrs - $875 to 1,250; Garnishment action, drafting, filing, legal fees 7 hrs - $875; Garnishment costs $100; Time to review records and drafting of pleadings 5-7 hrs - $625 to 875.
Estimate only total: $5,975 to 7,350.
According to legal the collection of the debt is doubtful. It is recommended by legal that due to the financial expenditures associated with said collection, the City shall not proceed against Swift.
Motion by Councilmember Eaton to forego any additional spending of public funds to collect this debt and not proceed legally against Swift Wheels, seconded by Councilmember Sebastian.
Vote taken, approved 3-1-1 (Councilmember Daniel opposed, Councilmember Patel absent). Motion carried
CITY OF KENNESAW
Council Chambers
Monday, July 18, 2016
VI. OLD BUSINESS
A. The City entered into a Consent Judgment with Swift Wheels, Incorporated ("Swift") in the Superior Court of Cobb County, Civil Action File No. 09-1-1214228, on December 14, 2010. The Consent Judgment required Swift to pay to the City the amount of $18,798.47. Swift failed to pay the City the amount owed. On September 5, 2012, Swift was administratively dissolved by the Georgia Secretary of State.
The estimated cost to attempt collection of the Judgment is as follows:
Post-judgment interrogatories 5-7 hrs - $625 to 875; possible deposition 5-7 hrs - $625 to 875; court reporter costs and transcript $500; Renew the Judgment, drafting motions, order 5-7 hrs - $625 to 875; Asset investigation 5 hrs - $625; Investigation costs, DNB report, Intellius, PI $500; Court Appearances if needed, court preparation, costs 7-10 hrs - $875 to 1,250; Garnishment action, drafting, filing, legal fees 7 hrs - $875; Garnishment costs $100; Time to review records and drafting of pleadings 5-7 hrs - $625 to 875.
Estimate only total: $5,975 to 7,350.
According to legal the collection of the debt is doubtful. It is recommended by legal that due to the financial expenditures associated with said collection, the City shall not proceed against Swift.
Motion by Councilmember Eaton to forego any additional spending of public funds to collect this debt and not proceed legally against Swift Wheels, seconded by Councilmember Sebastian.
Vote taken, approved 3-1-1 (Councilmember Daniel opposed, Councilmember Patel absent). Motion carried
Kennesaw Sues Skate Shop Over $25,000 Pledge
By Kim Isaza kisaza@mdjonline.com
Jan 19, 2010
KENNESAW - The city of Kennesaw has filed suit against the owner of Swift Wheels Skate Shop, demanding $25,000 that was pledged for a temporary skateboard ramp.
June Wick, the owner of Swift Wheels, responded in Cobb Superior Court on Jan. 11 that she needs more time to hire an attorney.
The city argues in the civil suit that Wick signed an unsecured pledge agreement on Oct. 29, 2008, stating that she would give the city $25,000, in two payments, "for the costs associated with the installation of a temporary skate ramp facility located at Swift Cantrell Park in Kennesaw."
The first payment, of $10,000, was to be made by March 31, 2009, and the second payment, of $15,000, was to be made on Sept. 30, 2009, according to the agreement. The agreement also states that in the event of default or breach, "Maker promises to pay fees and court costs, whether judgment is rendered or not."
Randall Bentley, the city's attorney who practices in his family's firm - Bentley, Bentley and Bentley - said the city built the temporary ramp that now stands at Swift Cantrell Park based on Wick's pledge. The park is on Old Highway 41 near Jiles Road.
The temporary ramp opened for public use on Nov. 1, 2008.
Wick said that she alerted the city's finance director, Gina Auld, and other city officials as soon as she realized she would not be able to make the payments.
"I was under the impression that as long as I worked with them, it would be all right," she said. "I had every intention of paying when the economy gets better."
She also said she had been helping the city in other ways, such as by donating prizes for various city-sponsored events. She estimated she had spent $8,000 on such materials, and questioned why the city is pursuing litigation against her small business.
"If they get what they are asking for, it will put me out of business and may force me in to bankruptcy," Wick said.
Bentley said the city is willing to negotiate with Wick. "I'm always willing to talk any kind of resolution," he said.
A skate park committee has raised more than $30,000 for a permanent skateboarding park inside Swift Cantrell. Initial plans were for a $1.5 million park, and there have been talks for the city and the county to assist with financing, though with the economic downturn, that has been put on hold.
