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August 6/20/27, 1979 Council Meeting The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 6, 1979 in the Court Room of the Police Station, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present. Also present was Bill Brewer representing City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Parks and Recreation Director Asa Howard, Public Works Director Jim David, Building Inspector Len Williams, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. (1) Jim Sparks representing the Smyrna Jaycees requested permission to raise funds for Muscular Dystrophy. Mayor Johnson asked to work out the arrangements with Chief Little following the meeting. (2) Elbert Coalson read a letter from Linda Sue Butler complaining of loud noise in the City. Ms. Butler was present and stated she was bothered by noise pollution all day and all night, especially on weekends. Chief Little stated he had parked in the vicinity of her house (Pat Mell Road and Harold Lane) for thirty minutes on Friday afternoon. from approximately 5:30 to 6:00 and did not hear any unusual noise. Also, he was there today from 4:00 to 5:00 and did not notice any unusual activity. Ms. Butler stated she was not only bothered by loud cars and motorcycles at her home. but allover the City. Chief Little stated he had instructed his men to pay particular attention to the area near her home after receiving her letter, but there was nothing they could do if the cars and motorcycles had legal mufflers. (3) Mrs. Crane. Wisteria Lane. stated she had phoned the Mayor and waited for two weeks for him to retu=. her call. Mayor Johnson explained he had been on vacation. and was unable to return her call. Mrs. Crane stated her neighbor Mr. Coomby parked his truck in the street blocking her driveway and wanted to know why an ordinance couldn't be passed to keep cars from parking in the street. Jerry Mills explained the way the ordinance reads now. that 51% of the residents on any particular street can request in writing. that the street have no parking signs installed. If the residents of that street request these signs. they will be installed. Mayor Johnson told Mrs. Crane that he had called Mr. Coomby and planned to get together with him. but he had been out of town a week on vacation. Also. Mr. Coomby is out of town this week.on vacation and they have not had a chance to talk. Mayor Johnson stated there was the City could do legalJ.y to prevent her neighbor from parking on the. street:; .it was more a matter of her and her neighbor being able to work something out between themselves to resolve this problem. (4) The owner of 3138 Wills Street requested a variance to install a chain-link fence and gate around his property. which is located at the end of a dead-end street. He sta fence. with the gate he wants to install. would not hi.nder a fire truck from the property. Bill Darby explained the reason for this request was that and cars had been coming through this property, since the house is the last one on the dead-end street and the owner was requesting this variance. en- abling him to install the fence and keep vehicles off his property. Bill Darby made a motion the variance be granted. following approval by the Fire Marshal. Jim Tolleson seconded the motion. Following discussion. Jack Shinall made a motion this request be tabled pending further investigation. John Steely seconded the motion which carried 4-3. John Steely, Jack Shinall. Elbert Coalson and Jerry Mills voted for. Jim Hawkins, Bill Darby and Jim Tolleson voted against. Appoin Board. was sworn - Mr. Ray Brooks was reappointed to a 6-year terTIl to the Civil Service appointment being recommended by the two other Board members. Mr. Brooks in by Mayor Johnson. Mr. Johnny Morris had requested to be placed on the agenda. but was not present. Variance - Mr. James M. Henson, 871 Cherokee Trail requested a variance to allow him to live at the location of his business which is zoned CI. Coalson made a motion this request be denied. seconded by John Steely. motion carried 7-0. be granted Elbert Vote on the Commercial building permits were presented by Inspector Len Williams and upon his recommendation the following action is recorded: 1. 3180 Atlanta Road requested a permit to build a new dining g building.' Plans had been approved by the Fire Marshal. Jack motion the permit be approved. seconded by Bill Darby. Vote on the 7-0. (Continuation of August 6. 1979 Meeting) (2) Wade Ford. 3860 South Cobb Dr:lve requested a permit for the construction of their new building. Plans are still in the hands of the Fire Department at th:ls time. Coalson made a motion the permit be granted. subject to approval by the Jim Hawkins seconded the motion. Mr. Rainwater. representing the construction company doing this work stated there was some problem with the banks on the right of way of South Cobb Drive and next to King Springs Road. They are in the process of correcting these problems which will include grassing the banks and building retention ponds. but assured Council that everything would be in order. When the construction is complete. there will not be any problem with erosion. Vote on the motion carried 7-0. (3) Tillman Methodist Church, 940 Concord Road requested a permit to remodel the existing structure. Plans are in the hands of the Fire Department atttlis time. Jim Hawkins made a motion these plans be approved. subject to approval of the Fire Marshal. Elbert Coalson seconded the motion which carried 7-0. (4) Querry Fence Company. 3470 Lake Drive requested a permit to construct a metal building at that location. Plans have been approved by the Fire Marshal. John Steely made a motion the permit be approved. Jack Shinall seconded the motion which carried 7-0. Jack Shinall stated that bids which were opened at the last council meeting for 600 residential water meters had been awarded to Davis Meter Company. John Steely reported the bid for the renovation of City Hall had been awarded to Southern Insurance Repair. Inc., being the low bidder. This company had been investigated. and found to be reputable. John Steely made a motion the Mayor be empowered to sign the contract with Southern Insurance. seconded by Jerry Mills. Vote on the motion carried 7-0. Jim Tolleson made a motion a resolution be adopted and the Mayor empowered to sign it. amending the age discrimination in employment act. This act changes the mandatory retirement age from.65 to 70 and would bring our city ordinance in line wi.th JMERS. Bill Darby seconded the motion which carried 7-0. Jim stated the Employee Benefit Committee had met several times to determine the best method of insuring employees for maternity benefits. The Federal govern- ment now requires that we treat maternity cases as we would any other lllness or injury. this law becoming effecti:ve April 29. 1979. It would cost the City approx- imately $21.000 to $22,000 the first year to handle this through an insurance carrier. If we continue our policy of paying $300 to employees or spouses for pregnancy cases, we could ourselves in a precarious position as this course of action would be contrary Federal law. Jim Tolleson made a motion we adopt the third option, be to self-insure all maternity benefits and either engage a firm to this insurance for us. or handle ourselves. This coverage be to the coverage we have under our group Jerry Mills motion. Vote on the motion carried 7-0. Request for validation of signatures was made by Green Acres Baptist property being located in LL 349 and 372. Pat Mell Road. The request was read as follows: "We the undersigned. who constitute sixty percent (60%) of the resident in the area described below and who constitute sixty percent the owners of the land area by acreage of the area described below, which is unin- corporated and contiguous to City of Smyrna. hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code o:j:Georgia Annotated. Sections 69-904 through 69-912 (Georgia Laws. Acts 1966,<Pages 409, 410, 411. 412. 413; 1971, 399; 1976. Pages lOll, 1012; said property to be annexed being described as follows. to wit: PARCEL 1 - All that tract of the 17th District. 2nd particularly described as or of land lying and being in of Cobb County, Georgia. and follows: Lot 349 more a point on the north the intersection of Pat Mell being the east line of Pat Mell Road 402 east line of the of said Land Lot. 533 point of BEGINNING. side of Pat Mell Road 197 feet west. as Pat Mell Road, from the northwest corner of and Gober Avenue; sai.d point of beginning Lot 349; thence running west the north thence north 533 feet; thence 402 feet Land Lot; thence south the east north side of Pat Mell and the (Continuation of August 6. 1979 Meeting) PARCEL 2 - All that tract or parcel of land lying and being in Land Lot 372 of the 17th District. 2nd Section of Cobb County. Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of the north side of Pat Mell Road and the west line of Land Lot 372; running thence north along the west line of said Land Lot 372. 275 feet; thence east 8.5 feet to the northwest corner of property which was conveyed to Green Acres Baptist Church by Warranty Deed dated April 23, 1954, and recorded in Deed Book 279. Page 45, Cobb County Records;. thence southerly 275 feet to the north side of Pat Mell Road and the point of BEGINNING. PARCEL 3 - All that tract or parcel of land lying and being in Land Lot 349 of the 17th District. 2nd Section of Cobb County. Georgia. and being more particularly described as follows: BEGINNING at a point on the north side of Pat Mell Road at the intersection of east side of a 40-foot street. which point is located 541.9 feet west of the east land lot line of Land Lot 349. as measured along the north side of Pat Mell Road; running thence north along the east side of said 40-foot street a distance of 220 feet; running thence east a distance of 150 feet; running thence south a distance of 220 fee't to the north side of Pat Mell Road; running thence west along the north side of Pat Mell Road a distance of J.40 feet to the east side of said 40-foot street and the point of BEGINNING. WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of 60% of the electors resident in the area described below: s/JAMES T. BENEFIELD. CHAIRMAN OF TRUSTEES" Jack Shinall made a motion the signatures be validated and the date for public hearing be set for August 27. 1979. Jim Tolleson seconded the motion which carried 7-0. Mr. Harold B. Wright requested annexation of his property located on The request was read as follows: "We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below. which is unincorporated and contiguous to the City of Smyrna. hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated. Sections 69-904 through 69-912 (Georgia Laws. Acts 1966. Pages 409, 410, 41J., 412, 413; 1971. 399; 1976. Pages lOll, 1012; said property to be annexed being described as follows. to wit: All that tract or parcel of land lying being in Land Lot 562 of the 17th District, 2nd Section. Cobb County. Georgia. being Lot 8 of the Henry Adams Property. (re-subdivision of part of J. H. Taylor Subdivision); as per plat recorded in Plat Book 9. Page 161. Cobb County records. and being more particularly described as follows: BEGINNING at a point on the north side of Hawthorne Avenue 70 feet east from the northeast corner of Hawthorne Avenue and Davis Drive; running thence east along the north side of Hawthorne Avenue 70 feet; thence north 140 feet; thence west 70 feet; thence south 140 feet to the north side of Hawthorne Avenue and the point of BEGINNING. WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS K~D SEALS. AND THEREBY l'1AKE SAID APPLICATION FOR ANNE2<.ATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee sjmple title. or his legal representative. of 60% of the land area above described by acreage: s /HAROLD B. WRIGHT" Jerry Mills made a motion this signature be validated and the public hearing set for August 27, 1979. Jim Hawkins seconded the motion which carried 7-0. Jim Hawkins made a motion the minutes from July 7. 1979 be approved as submitted. Bill Darby seconded the motion which carried 7-0. Jerry Mills made a motion the minutes from the meeting of JUly 16. 1979 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. (Continuation of August 6. 1979 Meeting) Elbert Coalson made a motion the from July 30. 1979 be mitted. Jack ShinalJ seconded the motion which carried 6-0. as s1.J.b- abstained. Committee Reports (Parks) Jim Tolleson read a request for a policy change from Asa Howard. Director of Parks and Recreation as follows: "Registration for all classes/programs will only be accepted in person at the Parks and Recreation Department office. Waiting lists will be formed when classes/programs are filled and classes/programs will be offered whenever possible. When classes/ programs limited registration. they will be on a first-come first-served basis. Participants are not considered registered until all fees have been paid. All class/program registration fees are non-refundable." Ji.m Tolleson made a motion this policy be adopted. John Steely seconded the motion. to become effective tonight. Vote on the motion carried 7-0. (Finance) BiJ.I Darby stated we hope to have a preliminary budget for FY1980 by September 17. 1979. Jim Hawkins stated on July 16th he had made a motion that Love Street Extension be closed tpthrough traffic and his motion was never brought to the floor for a vote. Jim made a motion again that Love Street Extension be closed at the entrance to the apartments, due to the unsafe condition of the street. Jim stated this street was a dead en.d, and when the apartments were built their driveway was extended into Love Extension. opening it to through traffic. There are two other entrances to the apartments at this time. Jim stated he has a petition signed by everyone living on Love Street, except for one family. requesting this street be closed. Jim Tolleson seconded the motion. Following di.scussion, vote on the motion carried 7-0. (Civil Defense) Jim Farley stated he and ilJJick O'Hara would be attending a 3,-day seminar to work up their Civil Defense program beginning October. 1979 through September. 1980. Also. the Civil Defense Department has 25 boxes of rancid crackers from their supply shelter and he asked permission to dispose of them. Mayor Johnson stated this did not really call for a motion. and advised Mr. Farley to dispose of them as he saw fit. Mr. Coalson thanked the Civil Defense Department and Police Department for the good work they are doing. Mayor Johnson reminded everyone of the next council meeting on August 20th. Wi th no business. meeting adjourned at 8:43 p.m. August 20. 1979 meeting of Mayor and Council was held in the Court Room of the Smyrna on August 20. 1979. The meeting was called to order by presiding Frank B. JOl:).nson at 7:30 o'clock p.m. All Council members were Bill Darby who was on vacation. Also present was City Attorney . City Clerk Willouise Spivey. Finance Director Gunter Newsom, Police Chief R. E. Little. Building Inspector Len Williams, Parks and Recreation Director Asa Howard, Public Works Director J. E. David, Civil Defense Director Jim Farley. Programmer Tom Hill and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. which west Mayor's Report: After many months of negotiations with the City of Marietta over territorial right of property across Cobb Parkway, and after an almost complete breakdown of communications. to the point of litigation in the courts, just before the trial began we were able to get Marietta to accept a compromise which was to our city. This was the same compromise we had asked from the outset the City of Smyrna be allowed to annex the Post Properties on the Highway 41. comprised of 301 acres, and I report to you that property the City of Smyrna. In future we will realize great benefits frOm because it will give us a tax base unequal to anything that has been this city in many years in the past. The other objective we wanted to achieve was to stop the City of Marietta. from what we call encroachment into our area. by their continued move to annex properties south of Windy east of Cobb Parkway. taking a tremendous tax base from the county. We goal this morning. No will be allowed to annex this particular a period of two years. which we will fall under a new State law (Cont~nuation of August 20. 1979 Meet~ng) wh~ch will require the approva~ of the property owners and the county commissioners. before property can be annexed into a municipality. We did agree to. one concession, and that was the property of Mark Singleton Buick and Capital Cadi~lac be released from negotiation and are free to stay in the county. request annexation into the City of Marietta or into the City of Smyrna. We feel these properties wil~ remain ~n the county. This body has been working hard for our city. individually and collectively. and I feel the citizens should be proud of each man up here. We feel we have accomplished what you wanted us to accomplish. Zoning Request - John Dickson requested 793 Smyrna Hill Drive be rezoned from CC to LI for the purpose of building mini warehouses. John Steely read the recommendation of the Planning and Zoning Board as follows: "After some discussion Gene Jernigan made a motion the request be approved. The motion was seconded by Bill Wood and vote on the motion was unanimous." John Steely made a motion this property be re- zoned from General Commercial to Light Industry and a variance be approved giving a 25 foot setback line on Smyrna Hill Drive. Elbert Coalson seconded the motion. There was no opposit~on to the rezoning and the motion carried by a 6-0 vote. Zoning Request - Donald Lan~er Plunkett requested 91:i acres on South Cobb Drive and Brown Road be rezoned from GC and O&I to General Commercial to be used to construct a shopping center. Jim Havvkins read the recommendations of the Plann~ng and Zoning Comm~ssion as follows: "After much discussion about a natural buffer being left along Brown Road facing Brown Elementary School it was motioned by Charlie McCoy and seconded by Tom Corso to accept the rezoning with the stipulation that any damaged trees. fol~age, etc., be rep~aced by developer to allow for adequate buffer. The vote for the motion was unanimous." Mayor Johnson stated this was a public hearing and anyone wishing to speak for or against this rezoning may do so. Mr. Plunkett stated he had met with the Planning and Zoning Board on three occasions, and it was an unusual situation since there was an elementary school on Brown Road. Mr. Plunkett stated the development would be a shopping center with national tenants. a first class facility. and would not add one student to the school system. Mr. Lou Schriebman asked to see a proposed plat of the development and asked if they would be notified or any changes. One citizen stated she had children attending Brown School and they walked. She was afraid a shopping center would create more traffic and a dangerous situation. She wanted to know what would be done to control the additional traffic. A school patrol is stationed on Concord Road. Mr. Plunkett stated he had three small children and he would not develop anything that would be detrimental to children. He stated the service road would come in off Concord Road and go out into Brown Road. Several people questioned the need of another shopping center and their concern about the traffic on Brown Road. ~Tack Collins. president of PTA at Brown. stated the entire neighborhood was upset over this zoning. .Jim Hawkins stated the main problem he has with the development is the exit from the shopping center on Brown Road, and since this road is only 22 feet wide he is afraid there will be too much traffic by the school. Jim Hawkins made a motion this zoning be denied. Motion died for lack of a second. After further discussion Mr. Plunkett agreed to no left tUTI1S on Brown Road from the service road. Jerry Mills made a motion the property be rezoned. as recommended by the Planning and Zoning Board. from General Commercial-Office Institutional to General Commercial, with the stipulation there would be no left turns into Brown Road from the service area. Also the stipulation called out by the Planning and Zoning Board that a natural buffer be left along Brown Road. and that any damaged trees. foliage, etc. be replaced by developer be carried out. John Steely seconded the motion which carried 5-1. Jerry Mills, Jim Tolleson. John Steely, Elbert Coalson and Jack Shinall voted for. Jim Hawkins voted against the motion. - David and Glenda Watson requested a residential operate a photography business from 1170 Powder Springs Street. Mr. Watson was present and stated the TItajority of their business would be wedding pictures. After discussion Jerry Mills made a motion the license be granted. the application to be made a part of these minutes. Jack Shinall seconded the motion which carried by a 6-0 vote. There were no commercial building permits to come before Council. Jerry Mills made set as follows: 28, 1979 at 5:00 a 6-0 vote. a motion the qualifying dates for the November 6. 1979 election be Open September 24. 1979 at 8:30 o'clock a.m. and close on September o'clock p.m. Jim Tolleson seconded the motion which carried by Mayor Prank Johnson stated the first Monday in September falls on Labor Day and he recommended the Council meet ing date be changed from Monday. September 3rd to Tuesday. September 4, 1979. John Steely made a motion the first meeting in September (Continuation of August 20, 1979 Meeting) be held on Tuesday. September 4. 1979. carried by a 6-0 vote. Jim Hawkins seconded the motion which (Water) Jack Shinall read a letter from Ridgeview Institute Foreman Ike Thornton. commending him and his crew, Ray Curtis, William Holland. Donald Simmons and David Reece for the persistence with which they worked to repair the water .main break last Saturday. They thanked them for their help in minimizing the situation. Jack also reported that due to computer delays. water bills are late going out this month. but should be mailed this week. Elbert Coalson stated the Smyrna Athletic Association's opening day ceremony to kick off the new football season would be held on Saturday, September I. 1979. An invitation to participate in the parade was extended to Mayor and Council. The parade will start at 11:00 a.m. at the Smyrna Drive-In. south to Cherokee Road. right on Cherokee Road to South Cobb Drive. left on South Cobb Drive to McCauley Road. then left to King Springs Park. Elbert made a motion the parade permit be granted. Jack Shinall seconded the motion which carried by a 6-0 vote. Elbert Coalson advised he had a request for permission to collect funds for the Muscular Dystrophy Association on Labor Day. at the intersection of Concord Road and Concord .Lane. Mayor Johnson advised them to contact PoJ.ice Chief Little about this request. J.erry Mills reported that after about two years to get some streets re- paved under the LARP program. they have finally started and are working in Ward 7 this week. A total of 43 streets will be resurfaced throughout the City. Asa reported the public pools were closing and September 3rd would be the last the public pools will be open for the summer session. King.Springs pool will reopen on Saturday. September 8th; Sunday, September 9th. September 15th and 16th. Sti3.rting Monday. September 17th, the falJ. session begins and the King Springs pool be open each day. Jerry Finance Director Gunter Newsom to give a recommendation from the Mr. Newsom stated he hoped to get the tax bills out by October lst. but in the meantime. due to the cash flow. we need the authority to borrow $200,000 if the situation becomes necessary. Jerry Mills made a authority be given to make this loan. John Steely seconded the motion for discussion. After on why Cobb County was late with the digest and the fact .it could be factored the State. Jim Tolleson asked if we could not hold off on a decision until next week, as the chairman of the Finance Committee is absent and this is the first he has heard about it. Gunter said that due to not having a current computer the exact amount .of cash on hand was hard to determine. Mayor Johnson recoml:nended that action be postponed until the called Council meeting on August 27th. Jerry Mills withdrew his motion and John Steely withdrew his second. Mayor for the o f the reminded everyone of the called meeting on August 27th at 7:30 p.m. of annexing two parcels of land i.nto the City. and the consideration .000 loan. Helen a she see near chairman and a resident from Myrtl.e Beach. South Carolina. stated she had rented in Belmont Hills shopping center and had run into a problem. She stated to a lot of expense and erected a directional sign, and now you cannot requested a variance from the sign ordinance to instaILi3.Ii3.rger sign Road. She was advised to contact the building inspector and committee see what could be worked out. There being no further business the meeting was adjourned at 8:50 p.m. The Special Called Meeting of Mayor and Council was held in the Court Room at the Police Station on August 27. 1979. The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present except Bill Darby who wason Also present was City Attorney Chuck City Clerk Finance Director Gunter Newsom. The purpose called meeting was to approve the annexation of two parcels of property and the loan of $200.000 for a period of 120 days. (Continuation of August 27, 1979 Meeting) Invocation was given by Jim Hawkins. followed by the pledge to the flag. - Green Acres Baptist Church. property located in LL 349 and 372. made a motion the request of Green Acres Baptist Church to annex property described in the validation petition read and approved on August 6. 1979 be approved. the property be annexed into the City of Smyrna and become a part of Ward 6. Jerry Mills seconded the motion which carried by a 6-0 vote. Anne - Harold B. Wright. 1379 Hawthorne Avenue. LL 562. Jerr lIs made a motion the request of Harold B. Wright to annex property described in the validation peti.tion read and approved on August 6, 1979 be approved. the property be annexed into the City of Smyrna and become a part of Ward 3. Jim Tolleson seconded the motion which carried by a 6-0 vote. Mayor Frank Johnson asked Gunter Newsom to give a report on the financial situation of the City. Mr. Newsom reported he hoped to get the tax bills out by the end of September and he thought that if we borrow $200.000 for a period of 120 days, it will carry us through. After further discussion Jerry Mills made a motion authority be given to borrow $200,000 for a period of 120 days, to be repaid with ad valorem tax receivables. Jim Hawkins seconded the motion which carried by a 6-0 vote. J09n Steely made a motion the rules be suspended for the purpose of adding another item on the agenda. in order to validate signatures on an annexation request. Jim Hawkins seconded the motion which carried by a 6-0 vote. Validation of Signatures - Request for Annexation - Sterling G. Bowen requested annexation of 41.560 acres, located in Land Lots 244. 261 and 316. The application was read as follbws: "We the undersigned. who constitute sixty percent (60%) .of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below. which is unincorporated and contiguous to the City of Smyrna. hereby apply to have said area annexed into the City of SmYLLLa under the provisions of the Code of Georgia Annotated. Sections 69-904 through 69-912 (Georgia Laws. Acts 1966, Pages 409. 410, 411, 412, 413; 1971. 399; 1976, Pages lOll. 1012; said property to be annexed being described as follows, to wit: All that tract "or parcel of land lying and being in Land Lots 244, 261 and 316 of the 17th District, 2nd Section. Cobb County, Georgia and containing 41.56 acres as per plat of survey thereof by J. S. Ross & Associates. Jack R. Busbee; Surveyor dated August 14, 1979 and being more particularly described as follows: BEGINNING at an iron pin at the common corner of Land Lots 244. 261 and 262; running thence South 88 degrees 39 minutes 09 seconds East a distance of 1306.30 feet to an 18 inch red oak tree at the common corner of Land Lots 261. 262. 315 and 316; running thence South 89 degrees 13 minutes 7 seconds East along the north land lot line of Land Lot 316 a distance of 1066.03 feet to an iron pin; running thence South 44 degrees 58 minutes 68 seconds East a distance of 359.40 feet to an iron pin on the east land lot line of Land Lot 316; running thence South 1 degree 18 minutes 37 seconds East along the east land lot line of Land Lot 316 a distance of 534.87 feet to an iron pin on the northerly right of way of Seaboard Coastline Railroad (190 foot right of way at this point); running thence South 86 degrees 2 minutes 45 seconds West along the northerly right of way of Seaboard Coastline Railroad a distance of 1183 feet to an iron pin; thence north 3 degrees 57 minutes IS seconds West along said railroad right of way a distance of 25 feet to an iron pin; thence northwesterly along an arc having a radius of 1025.92 feet and subtended by a chain on its northeasterly side North 73 degrees 32 minutes 36 seconds West 715.57 feet, an: arc distance of 730.93 feet (said arc being along the north- easterly right of way of Seaboard Coastline Railroad which is a 240 foot right of way at this point); continuing thence North 53 degrees 7 minutes 58 seconds West along the northeast right of way of said railroad (240 foot right of way) a distance of 956.7 feet to an iron pin on the Land Lot Line common to Land Lots 244 and 261. said district and section; thence North 2 degrees 18 minutes 55 seconds west along said railroad right of way and said land lot line a distance of 6.45 feet to an iron pin; continuing thence North 53 degrees 7 minutes 58 seconds West along the northeast right of way of said railroad (250 foot right of way at this point); a distance of 177.82 feet to an iron pin on the north land lot line of Land Lot 244; running thence North 89 degrees 34 minutes 44 seconds East along the north land lot line of Land Lot 244 a distance of 137.9l feet to an iron pin at the northeast corner of Land Lot 244 and the point of BEGINNING. (Continuation of August 27. 1979 Meeting) WHEREFORE, THE UNDERSIGNED SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Wit.ness the signature of the record title holders of the fee simple title. or his legal representative, of 60% of the land area above described by acreage: s/STERLING G. BOWEN" Jack Shinall made a motion the the date for the public hearing the motion which carried by a 6-0 vote. and annexation request be September 17. 1979. Jerry Gunter Newsom gave a financial report for the last fiscal year. Although we have no exact figures. due to the lack of computer printouts he felt the report was within reasonable limits of accuracy. Next Council meeting will be Tuesday. September 4. 1979. There being no further business the meeting was adjourned at 8:00 p.m.