We’re very sorry to see you leave town, but we’re glad you’re still in the area,” said Mayor Charles Sine to Councilman Rick Kolat at the May 5 meeting of the Hundred City Council. Council had just voted unanimously to accept Kolat’s letter of resignation, effective immediately. Kolat left the council because he no longer lives in the city limits, a requirement of the council position.

Councilwoman Johanna Lemasters said she knew of two people who might be interested in the council vacancy and she asked Recorder Sherry Hayes what procedure to follow. Hayes said any interested individual should come in person to city hall and submit their name to her before June 1. The applicant, she said, must be a resident of Hundred. At the June 2 meeting council will vote on who will fill Kolat’s vacancy for the term to run until June 30, 2009.

Although council had the second reading of a new ordinance requiring landlords to be responsible for garbage and police fees, that ordinance has been put on hold pending the advice of the city attorney as to whether such an ordinance is legal. Hayes read an amended version of the ordinance which stated landlords would not be responsible for any accumulated unpaid balance made up to the time of the ordinance, and the $50 deposit fee would also be waived for new tenants for whose garbage the landlord would be responsible for in the future.

A group of Hundred property owners came to ask questions of the councilmen: Carroll Cumberledge, Chuck Cumberledge, George Williams, and Grover Krieg. Also citizens Dane Lough, Keith Williams, and Bill Lemley attended with various questions, some of which pertained to the landlord ordinance.

Carroll Cumberledge informed the council that his tenants who were renting a storage area from him had not paid rent for six months. He wondered what he could do about their leftover belongings. After discussion, maintenance supervisor Terrell Greathouse said he would give Cumberledge an estimate on the dollar cost for the city hauling the items away.

Hayes read a report of the ratio between unpaid garbage bills of renters versus those of homeowners: 22 are renters, 10 of those are occupied residences and 12 have moved to another address; eight are homeowners, seven are active users, and one moved out, for a total in unpaid/past due garbage bills of $4,974.

Although the group expressed surprise the total was so high, Krieg said, “Why should I be held responsible for someone else’s bill? No one collects bills for me.”

Several people commented that taking the matter to magistrate’s court “does no good.” “You pay $70 in costs, they’re found guilty, and you still can’t collect,” said Krieg.

The rental owners seemed sympathetic to the city’s dilemma. Most past-due utility customers can be coaxed into paying water, gas, or electricity bills when the service is shut off. However, if garbage bills are unpaid, the customer just lets the garbage accumulate, according to Hayes.

Discussion turned to the legality of the ordinance when landlord George Williams asked, “Did you check with an attorney to see if this is even legal?” Hayes and Sine admitted they had not.

“So basically you’re telling me I can’t rent out unless I include utilities in the rent. If Clay (Police Chief Lunceford) arrests someone and puts them in jail, am I still responsible for the bill?” George Williams continued.

Keith Williams, who had come to inquire about the dilapidated houses next to his home, said the legality of the ordinance should have been ascertained before the ordinance was even written.

Mayor Sine said he was glad all the landlords attended so they could give the council advice on how to proceed. “We’re in a bind. We can’t afford to not collect bills. We need your input.”

George Williams said he would be willing to include garbage in the rent since the $50 deposit is waived. Krieg said it would help him if the city would have let him know when a garbage account of tenants was past due.

Bill Lemley, who had come to inquire about the closed bridge in town, said the city has no authority to evict, only landlords can, and even then the tenant has 60 days to leave.

He said a lot of garbage can accumulate in that time. Lemley asserted that some sort of ordinance for collecting unpaid bills was long overdue, “From past experience I can tell you—we don’t have any choice.”

Council agreed they should first find out if the ordinance was legal and that Hayes would report back at the next regular meeting on May 19.

Other items on the agenda briefly discussed were the continuing need of a newer garbage truck, advancing plans to build a city pavilion, and discussion of the viability of a recycling program.