November 2/16,1987 Council Meeting
November 2, 1987
The regular scheduled meeting of Mayor and Council was held November 2, 1987
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present except
for Bob Davis. Also present was City Attorney Charles E. Camp, City
Administrator John Patterson, City Clerk Melinda Dameron and representatives
of the press.
Invocation was given by Reverend Elmer Foust, pastor of Welcome All Baptist
Church, followed by the pledge to the flag.
Mayor Bacon
polls opening
everyone of the election tomorrow i,n Wards 3 and 5, with
a.m.
Mayor Bacon said we received official notification today from the Georgia
Department of Natural Resources that there is a water shortage and there is a
ban on all outside watering from 6:00 p.m. to 9:00 p.m., 7 days a week.
CITIZENS INPUT:
Nothing to report.
DEPARTMENT REPORTS:
City Commission.
were given
from Public Works, Parks and Clean
Reports
PUBLIC HEARINGS:
Nothing to report.
FORMAL BUSINESS:
(A) Set date to hear appeal of Recorders Court.
Jim Hawkins made a motion November l6, 1987 be set to hear the Recorders Court
appeal by Stephen Matthews. Joel Harrell seconded the motion which carried 6-
O.
(B)
Validation of
to annex property on Oakdale Road.
John Patterson said have been secured for the annexation of
approximately 35 acres on Oakdale Road which is the first step toward major
annexations in this area. This property is bounded by I-285 on the east and
the Seaboard Railroad to the south. Attorney Camp read the legal description
as follows:
We the undersigned,
resident and sixty
described below,
hereby apply to
provisions of
described as follows:
percent (60%) of the electors
of the land area by acreage, as
contiguous to the City of Smyrna,
into the City of Smyrna under the
Said property being annexed being
who constitute sixty
percent of the owners
unincorporated and
said area annexed
the State of Georgia.
All that tract
and 687 of the
particularly
of land lying and being in Land Lots 682, 683, 686
,2nd Section, Cobb County, Georgia and being more
follows:
Beginning at the intersection of the northwesterly right of way of Interstate
285 and the southwesterly right of way of the Southern Railway Mainline;
running thence west along the southwesterly right of way of the Southern
Railway Main Line to a point located on the southwesterly right of way of
Oakdale Road, said point is located at the intersection of the southwesterly
right of way of the Southern Railway Main Line with the southwesterly right of
way of Oakdale Road; thence north l6 degrees 57 minutes 00 seconds east along
the way of Oakdale Road a distance of 754.4 feet more
or the property now or formerly owned by James
c. WallaCe; degrees 28 minutes l8 seconds west a distance of
l24.38 feet an iron pin found; thence north 65 degrees 20 minutes II
seconds west a distance of 2l4.54 feet to an iron pin; thence north 4l degrees
09 minutes 3l seconds west a distance of 450.22 feet to an iron pin found;
thence north 36 degrees 46 minutes 48 seconds west a distance of 199.78 feet
to an iron pin found; thence north 59 degrees l5 minutes 5l seconds east a
distance of 53 feet to an iron pin found; thence north 74 degrees 58
minutes 45 a distance of 200.00 feet to an iron pin found; south
8l degre~s seconds east a distance of l79.74 feet to an iron pin
found; thence south 70 degrees 29 minutes 35 seconds east a distance of 200.l6
feet to an irOn pin found; thence north 7l degrees l5 minutes 07 seconds east
a distance of l37.l5 feet to an iron pin found; thence north 81 degrees 29
minutes 44 seconds east a distance of l02.l7 feet to an iron pin found on the
November 2, 1987 - continued
westerly right of way of Oakdale Road; thence east across the right of way of
Oakdale Road a distance of lOO feet to the easterly right of way of Oakdale
Road; thence southerly and southwesterly along the easterly right of way of
Oakdale Road to a point located at the intersection of said right of way with
the east land lot line of Land Lot 682; thence north 80 degrees 43 minutes 00
seconds east a distance of 25.46 feet to a point; thence south l2 degrees 08
minutes 00 seconds west a distance of l2.l8 feet to a point; thence north 80
degrees 43 minutes 00 seconds east 399.64 feet to a point; thence north 8l
degrees 45 minutes 23 seconds east a distance of l22.6l feet to a point;
thence south 85 degrees l5 minutes 53 seconds east a distance of 8l9.l4 feet
to a point located on the northwesterly right of way of Interstate 285; thence
southwesterly along the northwesterly right of way of Interstate 285 to a
point located on the southwesterly right of way of the Southern Railway Main
Line, which point is the true point of beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION:
Witness
described
RICHARD C.
the hands and seals of 60% of the record title holders of the land
above: sl A. N. RHODES, JAMES C. WALLACE, CECIL R. STRICKLAND, SR.,
PERRY, R. L. POTTS, LARRY B. BOGGS
Hugh Ragan made a
set for December 7,
motion the signatures be validated and the public hearing
1987. Joel Harrell seconded the motion which carried 6-0.
(C) Ordinance approving 4-year terms for elected officials.
John Patterson said sometime ago Mayor and Council elected to proceed forward
with 4-year terms and thanks to Senator Jim Tolleson, it has become a reality.
This amendment tonight is to formally approve the new terms as specified by
the Charter.
Hugh Ragan made a motion the Charter amendment be advertised, to provide the
council member terms as continuous until their replacements are elected and
duly sworn into office. Jack Shinall seconded the motion which carried 6-0.
(D) Extension of working hours for Lakewood II project.
John Patterson said the Carlson Corporation has requested approval to work
from 7:00 a.m. to 7:00 p.m. on weekdays, from 8:00 a.m. to 6:00 p.m. on
Saturdays, and also on Sunday from l2:00 noon to 6:00 p.m. in extreme
circumstances and with 48 hour prior notice.
Joseph Collins represented Carlson Corporation and said their normal work
hours would be from 7:30 a.m. to 5:00 p.m. but they would like some
flexibility in the event they need to work later. They will work some
Saturdays and are requesting the Sunday work hours only for extreme
circumstances which may require them to be there.
Jim Hawkins said he had talked with Bob Davis about this request and knew he
had some concerns about the close proximity of the homes abutting this project
and could not support the hours they were requesting. Jim Hawkins made a
motion the extended hours be approved from 7:30 a.m. to 7:00 p.m. weekdays,
9:30 a.m. to 6:00 p.m. Saturdays, and no Sunday work. Jerry Mills seconded the
motion which carried 6-0.
BID AWARDS:
(A) Atlanta Road utility relocation.
John Patterson said the City water and sewer lines must be relocated along
ALlanta Road T.O facilitite the widening from Spring Road to Belmont Hills
Shopping Center. This project will be funded from retained earnings in the
City utility fund and has nothing to do with the rehabilitation work presently
underway. Bids received were as follows:
J. E. Lovern Construction
Unity Construction
$415,908
$596,342
Joel Harrell
Construction.
made a motion the low bid of $4l5,908 be awarded to J.
Jim Hawkins seconded the motion which carried 6-0.
E. Lovern
COMMERCIAL BUILDING PERMITS:
Nothing to report.
November 2, 1987 - continued
CONSENT AGENDA:
(A) Approval of October minutes.
Joel Harrell made a motion the consent
seconded the motion which carried 6-0.
agenda be
approved. Jerry Mills
COUNCIL INPUT: Jim Hawkins and other council members asked everyone to
continue to remember Jim Tolleson in their prayers. Jim remains in the ICU
unit of West Paces Ferry Hospital.
, meeting adjourned at 8:l2 p.m.
HUGH RAGAN, WARD 7
November 16, 1987
The regular
at Smyrna City
pres.iding officer
for Jerry Mills who was
E. Camp, City
representatives
of Mayor and Council was held November l6, 1987
was called to order at 7:30 o'clock p.m. by
Max Bacon. All council members were present except
. Also present was City Attorney Charles
John Patterson, City Clerk Melinda Dameron and
Invocation was given
followed by the pledge
Mayor Bacon
Football Team
Harrell presented
championship
City Hall.
CITIZENS INPUT:
Nothing to report.
Bud Abbott from Smyrna First Baptist Church,
of the Campbell High School 7th Grade
them on their winning lO-O season and Joel
to each player. Charles Cook presented the
Council, to be displayed in the trophy case at
DEPARTMENT REPORTS: Reports were given
Conmunity Development Department.
present
made a
upheld.
Mr. Matthews was not
Whaley, Joel Harrell
Recorders Court decision in the case of Stephen Matthews be
seconded the motion which carried 6-0.
Superintendent Linda Smith reported the
election. Hugh Ragan made a motion the
be certified. Bob Davis seconded the motion which carried 6-
PUBLIC HEARINGS:
from the
Police Department
and
(A) Annexation of 294l and 295l Jonquil Drive.
John Patterson said that Fred Shope had requested the annexation of .69 acres
at 294l & 295l Jonquil Drive in Land Lot 63l. The legal description was read
at the October 19, 1987 meeting and it has been advertised. There was no
opposition.
November 16, 1987
continued
Bob Davis made a motion the property be annexed, to become a part of Ward 1.
Jim Hawkins seconded the motion which carried 6-0.
(B) Rezoning request
Commercial.
2941
&
295l
Jonquil
Drive
from R-20 to General
John Patterson said that Fred Shope, owner of Auto Coolon Spring Road at
Jonquil Drive is planning to expand his present operation if this property is
zoned. The site plan submitted w.ith the application shows a 4,500 square foot
building with 5 bays. All setbacks and buffers are provided and there are no
variances proposed to allow development. There was no opposition.
Mr. Shope
lease out
presented
existing
Drive and
said they wanted to construct a new building on the two lots and
for some type of automotive repair or cleanup facility. Mr. Shope
pictures of the proposed building which will be separate from his
building. None of the garage doors on the bays will face Jonquil
Mr. Shope said they could easily meet all parking requirements_
Bob Davis said the Planning and Zoning Board had recommended approval of this
zoning and made a motion it be approved wi.th the stipulation that all buffer
requirements be met as required by code. Joel Harrell seconded the motion and
also stated the lO foot variance granted to Auto Cool some time ago at their
present location would no longer be required since it adjoins this proposed
development. Vote on the motion to approve the zoning carried 6-0.
(C) Rezoning request - l3 acres at Oakley Downs Development from RTD to RAD
(Residential Group Project)
John Patterson said that John Wieland is requesting the rezoning of this
property for construction of a residential group project as provided for under
Section 1013 of our code. All yards will be placed in common ownership to be
maintained by a homeowner's association. All roads and utilities will be owned
and maintained by the homeowners association but each unit will be sold as fee
simple. Phase I will contain ll.l2 acres and 53 units which averages 4.77
units per acre. Phase II contains about 2.l6 acres and will be developed at a _
later date.
John Gillespie represented
proposed development. These
$l35,OOO price range. The
and while this zoning will
greater flexibility for their
John Wieland Homes
will be fee simple
present density on
reduce the density
development.
and presented a drawing of the
townhomes and will. seLL in the
the site is 9.5 units per acre
to almost half, it also allows
Attorney Camp said the RAD classification is more restrictive and gives the
City more input. This is a down zoning in terms of density from 9.5 units per
acre to 4.77 units per acre. Basically by approving this request tonight,
council will be downgrading the zoning and increasing the buffer in some
places. Section lOl4 of the ordinance also requires that council approve the
final plat before construction can begin.
Bob Davis said the Planning and Zoning Board had recommended approval and made
a motion the zonj,ng be approved with the followi,ng stipulations:
l) That the project be developed as per plats presented tonight
2) That a 40 foot buffer strip be placed at the rear of the property line
where it abuts Highland Subdivision, using the existing building setback
3) The side yard setback on the north and south sides be 35 feet instead
of the 25 feet indicated in the original site plans.
4) No curb cuts other than the existing curb cut for Oakley Downs an
Campbell Road.
Jim Hawkins seconded the motion which carried 6-0.
(D) Beer and wine package license - Fitzgeralds Convenience store, Pat Mell
Road and Atlanta Road.
John Patterson said that Janice V. Ferguson has requested a license for the
sale of packaged beer and wine for the new Fitzgeralds Convenience Store on
Atlanta Road at Pat Mell Road. The location meets all distance requirements
and the police investigation was favorable. There was no opposition from the
audience.
November l6, 1987 - continued
Ms. Ferguson said she understood our ordinance and knew she would be the
person for it. Their employees are taught to never sell beer or
wine picture identification and if there is any question about the
age, the sale. They also have policy guidelines they require their
emploYee~ sign when they are hired and have various other means of training
their employees to ensure they are in compliance.
Kathy Brooks eyerything appears to be in order and made a motion the
license be approved. Jack Shinall seconded the motion which carried 6-0.
(E) Liquor, beer and wine package license - Freddies Package Store, Kenwood
Plaza Shopping Center.
John Patterson said
owner and license holder
Drive, in Kenwood Plaza.
favorable and there was no
Freddi.e Douglas Mack, Jr. has made application as
packaged liquor, beer and wine at 4924 South Cobb
is a new location. The police investigation was
opposition from the audience.
Hugh Ragan said is part of the Highlands Park Development on
South Cobb Drive. Mr. Mack if he had read and understood our
ordinance as it the sale of alcoholic beverages. Mr. Mack said he
did, and also understood that if he was found in violation the license would
be suspended. Mr. Mack said he did not hold any other licenses and had never
been in this business before.
Jim Hawkins asked
said there were 6
from 4 of the 6
from the other two
not recognize county
within the City in
said he had alWaYS
specific and this
according to the
favorable, the
tonight was
requirements
which carried 6-0.
distance requirements for this location. Mr. Mack
the 200 foot radius and he had obtained waivers
every attempt to contact and receive approval
to do so. Hugh Ragan said our ordinance does
and specifically refers to residential property
dealing with d.istance requirements. Hugh Ragan
with the verbage and still did; however, it is
tonight does meet ordinance requirements
Hugh said the police investigation was
investigation was complete and notice of the hearing
advertised. Hugh said the license meets all
a motion it be approved. Bob Davis seconded the mot,ion
(F) Variance request
spaces per l,OOO square
Church Road.
reduction in parking requirements from 4.5 to 2.5
feet for Heilig-Myers Furniture, South Cobb Drive @
John Patterson
to reduce
southwest
shows two
feet of space.
larger building is
provided for the
for the retail
opposition.
that Mike Savage is representing the owner in this request
ratio. Heilig-Myers is relocating their store to the
Church Road and South Cobb Drive. The site plan submitted
one with l4,850 square feet and one with 24,750 square
building will be for some other retail use and the
futniture store. A total of l20 parking spaces are
which breaks down into a ratio of 4.5 spaces
spaces for the furniture store. There was no
Mike
have
Savage
several
said they are the present land lords for Heilig Myers and they
years left on their lease at the present location which will be
the new construc'tion of the K-Mart Shopping Center. The
has l7 parking spaces for 20,000 square feet of floor space
are requesting will provide 62 spaces for 24,000 square
the number of spaces they have now is more than enough
simply do not require a large number of parking spaces.
other cities require only 2.5 spaces per l,OOO square
said our code establishes parking requirements with the
not with each individual business type.
zoning
Jim Hawkins said from looking at his copy of the plat there appeared to be
plenty of room to get the number of required spaces and there is a 45 foot
strip of between the right of way and parking indicated that is
apparent:iy being utilized. Jim said variances are granted on a hardship
and could support the request. Jim made a motion the variance be denied.
Joel Harrell seconded the motion which carried 5-l with Jack Shinall opposed.
(G) Variance
Radiator, 2210
yard reduct.ion from 50 feet to 40 feet for Smyrna
November 16, 1987 - continued
John Patterson said that Ralph Grady is requesting a reduction of the north
side setback from 50 feet to 40 feet for his new radiator shop at 2210 Atlanta
Road. His present location has been acquired by the state Department of
Transportation for the widening of Atlanta Road. There was no opposition.
Mr. Grady said he wanted to construct a 40 x lOO foot building on this lot
which abuts Smyrna Garden Apartments on the north and west side with the King
Williams Building on the south side. The variance requested is on the north
side, adjacent to the apartments. Mr. Grady said he could not build without
the variance because the lot narrows from lOO feet on the rear to 90 feet on
the front. This will be a pre-engineered building with 4 bays and an office.
Kathy Brooks asked if all parking requirements could be met. Mr. Grady said 25
spaces are required by code and the Engineer said he would be able to meet
those requirements. Kathy Brooks said the State has condemned the present
location and until he receives payment from them, has asked that he be allowed
to gravel just the back l3 parking spaces at the rear of the building and
asphalt those in the front. Mr. Grady has agreed to pave those spaces within 6
months, when he receives payment. If settlement is not reached within that
time, he must come before council to request an extension. Kathy Brooks also
stated the 25 parking spaces must be outside, and the area inside the bays
cannot count toward his parking requirements. Also, no outside storage will
be allowed.
After further discussion Kathy Brooks made a motion the variance be approved
with the stipulation that a lO foot visual buffer be maintained along the
northern side and a planted lO foot buffer on the Atlanta Road side and also
that temporary permission be given to gravel the 13 spaces at the rear of the
building until payment is received from DOT for his other property. If paving
is not completed within 6 months, Mr. Grady will have to come back to council
for an extension of time. Jack Shinall seconded the motion which carried 5-l,
with Joel Harrell opposed.
(H) Variance request - front yard setback from 50 feet to 35 feet at 2800 and
2810 North Avenue.
John Patterson said that Bill Davis is requesting this variance for the
Whitfield Plantation development at the intersection of Whitfield Street and
North Avenue. The property is zoned RTD which requires a mi_nimum front yard
setback of 50 feet. The original site plans showed the detention pond being
partially located within a 20 foot alleyway owned by the City but since then
it was determined that the alleyway was being fully utilized by an adjoining
property owner. The detention pond was shifted to the north, impacting 'the
placement of the last building of the development. There was no opposition to
the variance.
Mr. Davis said this is the last building of the development and there is only
one other house on North Avenue which sits about 20 feet off the road. They
are about 75% complete and the development has a total of 7 buildings. Mr.
Davis said without the variance they could still construct the building, but
from a marketing standpoint it would be difficult to sell.
Mayor Bacon said that Jerry Mills could not be here tonight but he had
indicated earlier that he had no objections to the variance. Jack Shinall made
a motion the variance be granted. Jim Hawkins seconded the motion which
carried 6-0.
FORMAL BUSINESS:
(A)
Approval to request bids
roofing of Church Street Center.
Kathy Brooks
Street Center.
made a motion bids be accepted for the re-roofing of Church
Jack Shinall seconded the motion which carried 6-0.
(B) Validation of signatures
Road & old Concord Road.
to
annex Nickajack Community Center - Church
John Patterson said signatures had been obtained from owners of the Nickajack
Community Center for annexation of this one-acre lot. Once the property is
annexed, the Clean City Commission will lease the building and use it for
rneetings, storage, etc. Attorney Camp read the legal description as follows:
We, the
resident
undersigned, who constitute sixty
and sixty percent of the owners
percent (60%) of the electors
of the land area by acreage, as
November l6, 1987 - continued
described below, which
hereby apply to have
provisions of laws of
described as follows:
is unincorporated and
said area annexed
the State of Georgia.
contiguous to the City of Smyrna,
into the City of Smyrna under the
Said property being annexed being
All that tract
Section, Cobb
particularly
or parcel of land lying and being in the l7th District, 2nd
Georgia being a part of Land Lot 34l and being more
Beginning
easterly
'to an
iron
feet
Church Road and
approximately, to
stake on the east side of Old Concord Road, then in an
line of the property of Nell Cobb Williams, l50 feet
then in a southerly direction 290 feet approximately to an
north bank of Church Road, then in a westerly direction l50
, along the north bank of Church Road to the intersection of
Old Concord Road, then in a northerly direction 300 feet
an iron stake and point of beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION:
Witness the hands and seals of 60% of the record title holders of the land
described above: s/LELAND E. WILLIAMS, EDGAR P. LOGAN, BOBBY T. BOURNE, C. M.
COBB
Jack Shinall made a motion the signatures be validated and the public hearing
date set for December 7, 1987. Jim Hawkins seconded the motion which carried 6-
O.
(C) Approval to request bids - cabs for backhoes.
Joel Harrell made a motion bids be accepted for cabs for the 2 backhoes in the
Public Works Department. Jim Hawkins seconded the motion which carried 6-0.
BID AWARDS:
(A) Refuse collection truck.
John Patterson said
truck for the Sanitation
recently received for a new l6-foot flat dump
as follows:
Nalley Chevrolet
Fouts Brothers
Days Chevrolet
$22,172.l6
$25,000.00
$24,828.00
Joel Harrell made a motion the low bid of $22,l72.l6 be accepted from Nalley
Chevrolet. Bob Davis seconded the motion which carried 6-0.
Nothing to report.
CONSENT AGENDA:
(A) Approval to surplus equipment from Street Department.
(B) Approval of stop signs at Fleming/Grady Street
(C) Temporary permit for emission control kiosk at Belmont Hills
Jack Shinall made a motion the consent
seconded the motion which carried 6-0.
agenda be approved. Joel Harrell
all other council members asked everyone to keep
Carl Harrison in their prayers.
Jack reminded members of the Community Development Committee of their
meeting Wednesday at 6:00 p.m.
Hugh Ragan congratulated his colleagues on council for being re-elected and
also to Wade Lnenicka who will be the new councilman from Ward 2.
Hugh Ragan also announced
Bennett Woods Garden club
6:00 p.m.
the 2nd annual Tour of Homes sponsored by the
to benefit Open Gate on December 6th from l:OO to
Kathy Brooks said there will, be a fashion show this Friday night, with some of
our local elected officials modeling silk fashions at Cold Springs Park.
Proceeds will also go to a good cause.
'"
November l6, 1987 - continued
With no further business, meeting adjourned at 9:20 p.m.
HUGH RAGAN, WARD 7
November 29, 1987
A special called meeting of Mayor and council was held November 29, 1987 at
Smyrna City Hall. The meeting was called to order at 4:00 p.m. by presiding
officer Mayor A. Max Bacon. All council members were present except for Jerry
Mills and Hugh Ragan. Also present was City Attorney Charles E. Camp and City
Clerk Melinda Dameron.
Mayor Bacon said the purpose of this meeting was to set the date for a special
election in Ward 7 to fill the seat which will be vacated by Hugh Ragan, who
will be running for the Senate seat previously held by Jim Tolleson.
Jack Shinall said Mr. Ragan has not resigned his seat here and he had a
problem with setting the election date before he officially resigned. Mr. Camp
said that when Mr. Ragan qualifies, he will automatically vacate his seat on
council. Mayor Bacon stated he wanted to have the election on December 29th,
wh.ich wiLl be the same date of the Senate election for the convenience of the
voters and also to hold down cost. By setting the December 29th election
today, we will meet the requirements of our charter and State Code. Mayor
Bacon said everyone had been notified of the meeting and he had talked to Hugh
Ragan about setting the election date and he has no problem with it. Attorney
Camp said there were three things to consider about setting the dates for the
election; the election must be held the 29th day after the seat becomes
vacant, qualifying has to be 15 days before that, and to the best of his
recollection, you must have at least 3 days to qualify.
After further discussion,
the Ward 7 council seat
Ragan's resignation. Jim
Jack Shinall opposed.
Joel Harrell made a motion the special election for
be hel,d December 29th, subject to receipt of Hugh
Hawkins seconded the motion which carried 4-l, with
Jim Hawkins made a
December 7-9, 1987.
Jack Shi,nal.l. opposed.
motion the qualifying dates for the election be set for
Kathy Brooks seconded the motion which carried 4-l, with
Jim Hawkins
Superintendent.
made a motion that Linda Smith be appointed
Bob Davis seconded the motion which carried 5-0.
Election
Mayor Bacon also said he would be making committee changes by making Kahty
Brooks chairman of the Finance & Administration Committee with Jim Hawkins
being added as a committee member. Hugh was also a member of the Police
Committee and he would ask Bob Davis to serve on that committee to replace
Hugh. AI.so, he would ask Jack Shinall to replace Hugh on the Annexation
Committee.
Jack Shinall stated he thought the meeting was improperly called for today,
and any action taken may be voi.ded.
With no further business, meeting adjourned at 4:l8 p.m.
u
u
u
November 29, 1987 - continued
We, the duly appointed
following results:
FOR MAYOR
(IN WARDS 3 & 5)
A. MAX BACON
COUNCILMAN WARD 111
BOB L. DAVIS
U COUNCILMAN WARD 112
WADE LNENICKA
COUNCILMAN WARD 113
BILL MATHIS
JERRY MILLS
THOMAS E. MCNEAL
JAMES WILLIAMS
u
u
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION
HELD THIS TUESDAY, NOVEMBER 3, 1987
2,703 REGISTERED
WARDS 3 & 5
671 VOTING
(g) Any other provlslon of law to the contrary notwithstanding, in the event
there is no opposed candidate, then no name shall appear on the general election
or special election ballot unless a write-in candidate has qualified as provided
by law. Further, if there are no opposed candidates, no eligible write-in candidates
and no issues to be submitted to the electorate within an election district, no
election shall be conducted in that election district. When, pursuant to this
Section, no election is to be conducted, the municipality shall provide notice
reasonably calculated to inform the affected electorate that no election is to be
conducted. Each such unopposed candidate shall be deemed to have voted for himself.
The Superintendent shall certify such unopposed candidate as elected in the same
manner as he certifies other candidates as elected pursuant to Section 21-3-403.
Each elector eligible to have voted in an election which, in accordance with this
Section, was not conducted shall be deemed to have voted in such election for the
purposes set forth in Sections 21-3-132 and 21-3-133. When, pursuant to this Section,
no election is to be conducted, either the municipal or county registrars shall
prepare, certify and deliver electors' lists, as would otherwise be required by
Sections 21-3-134 and 21-3-135.
Therefore, Ward 3 and Ward 5 were the only wards where elections were conducted.
election Managers to conduct this election, declare the
554
COUNCILMAN WARD 114
JIM HAWKINS
COUNCILMAN WARD 115
JACK SHINALL
VICTOR YANKOUSKI
COUNCILMAN WARD 116
KATHY BROOKS
COUNCILMAN WARD 117
HUGH A. RAGAN
1
1
1
291
85
1
1
2
203
84
o
(JAMES WILLIAMS WITHDREW BEFORE
ELECTION--NAME APPEARED ON
ABSENTEE BALLOTS ONLY)
Council of the City of Smyrna the election of:
A. MAX BACON
BOB L. DAVIS
WADE LNENICKA
JERRY MILLS
JIM HAWKINS
JACK SHINALL
KATHY BROOKS
HUGH A. RAGAN
We therefore certify to the Mayor and
MAYOR
COUNCILMAN WARD 111
COUNCILMAN WARD 112
COUNCILMAN WARD 113
COUNCILMAN WARD 114
COUNCILMAN WARD 115
COUNCILMAN WARD 116
COUNCILMAN WARD 117
They have received a majority of the votes cast.
MANAGER, WARD 113
MANAGER, WARD 115
CITY~/~ ~~ (ATTEST)
?fJ~A./ a >107 (DATE)
I
C?(~tU 9 ~
SUPERINTENDENTtOF-ELECTION