January 7/10/21, 1980 Council Meeting
January 7, ~980
The first meeting of the new year was held January 7, ~980 at City Hal~, Smyrna,
Georgia. The meeting was ca~~ed to order by presiding officer Mayor Frank B.
Johnson at 7:30 o'clock p.m. All Counci~men were present. Also present was City
Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom,
Police Chief Everett Little, Fire Chief Don Atkinson. Di.rector of Parks and Recrea-
tion 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 Rev. Bud Abbott of the First Baptist Church, followed by
the pledge to the flag.
The first order of business was the reappointment to the Planning and Zoning Board,
for those whose terms expired December 31, ~979. Jerry Mills made a motion that
Bill Wood be reappointed to the Planning and Zoning Board, representing Ward 3.
Jim Hawkins seconded the motion which carried by a 7-0 vote. Jack Shinall requested
the appointment of the Board member representing Ward 5 be deferred to the next
meeting. Elbert Coalson made a motion that George Griffin be reappointed to the
Board, representing Ward 6. Jerry Mills seconded the motion which carried by a
7-0 vote. Mayor Johnson stated that Allen Potter had been serving as the Mayor's
appointee, as well as Chairman of the Planning and Zoning Board and it was his
recommendation that Allen be reappointed. Bill Darby made a motion that Allen
Potter be reappointed as the Mayor's appointee, seconded by Jim Hawkins. Vote
on the motion carried 7-0.
Jerry Mills reported the Finance Committee had reviewed the audit proposals opened
at the last Council meeting and made a motion that Mayor and Council engage the
firm of Pate and Shiver for the City audit for fiscal year 1.978-79. Pate and
Shiver submitted the lowest cost proposa~ for these audits and is well qualified.
in that it has over 15 local government clients and over 75% of its professional
staff are Certified Public Accountants. Pate and Shiver's proposal for this
audit was not to exceed $5,000 and no more than $200-$300 for out-of-pocket expenses
for the Local Public Works Grant. Elbert Coalson seconded the moti.on which
carried by a 7-0 vote.
Jerry Mills made a motion that Mayor and Council adopt the fiscal year 1979-80
City of Smyrna budget as submitted. and subject to any revisions necessitated by
the Revenue Sharing hearing to be he~d on February 4, 1980. TILis budget includes
a 5% increase in the Merit system pay plan to go into effect on January 10, 1980.
By the passage of this budget, Mayor and Council will also be adopting the follow-
ing policies:
1. The millage rate for ca~endar year 1979 wi~l be set at 12.00 mills.
2. Water rates for the City of Smyrna, effective January I, 1980, will be
increased by 27% and the sewer rates by 50%.
3. The sanitation rates for reSidential, condominium and commercial customers
be increased by $1.00 per month, effective January 1, 1980.
4. That the Mayor and Council adopt the attached bond schedule as the band
schedule for the City of Smyrna.
5. That the City increase theix tax on wine from 28<;: to 80<;: per gallon,
effective February 1, 1980.
6., That the City adopt an inspection fee schedule for heating, air condition-
ing and plumbing permit inspections.
7. That the City adopt the attached formula for computing bui~ding permits
and that the City raise taxi permits from $4.00 to $5.00, journeymen
plumber, master e~ectrica~ and master p~umber cards from $3.00 to $10.00.
8. That the City raise its sign permits for unlighted 8-square foot signs
from $5.00 to $6.25 and from 25<;: to 35<;: for each square foot of unlighted
space over 8 square feet; and that lighted signs 8 square feet and under
be increased from $7.50 to $9.25 and from 50<;: to 60<;: for each lighted
square foot over 8 square reet.
Jack Shinall seconded the motion. Elbert Coalson stated he would certain~y have
liked to make the 5% increase to the Merit system pay plan retroactive to July,
1979 for city employees, but the funds just were not available.
Jack Shinall explained the water and sewer rate increases were made necessary by
the increase to the City from Cobb-Marietta Water Authority and Cobb County, and
the increase approved tonight is exactly the same as the increase passed on to us.
Even with the increase, we have the lowest water and sewer rates of any city in
Cobb County, and even Cobb County itself, by approximately $3.00 per month on an
average consumption of 6,000 gallons.
Vote on the motion to approve the budget carried by a 7-0 vote.
(Continuation of January 7, 1980 Meeting)
Jerry Mills made a motion the minutes of December 3, 1979 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
John Steely made a motion the minutes of December 17, ~979 be approved as submitted.
Jack Shinall seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the minutes of December 29, 1979 be approved as sub-
mitted. Bi1.~ Darby seconded the motion which carried by a 7-0 vote.
Mayor's Statement: Mayor Johnson stated that on behalf of the Mayor and Council
representing various wards of the City, it had been their pleasure and opportcmity
to serve this fine city. We've done it without fear or favor and have demonstrated
our to work for our city and be a team that could cause our city to
remain one of the great towns in Georgia, and one of the gre~test cities in Cobb
County. Also. in the years ahead we will experience some hard times financial~y.
It's expedient on our part to be as careful with dO].lars that our taxpayers render
80 that each one of our citizens receive their benefits for that dollar. It will
be our ~esponsibility to spend your money as wisely as we know how, and I think
that woUSLd be my charge here tonight. I don't think we can make any real promises
for the next two years. because money is going to be foremost on the ~ist: of our
problems. We have tonight, adapted one of the tightest budgets that this city
has' ever'adopted. I don't mean to be negative in tone, because I think our
negativism can be turned around into a challenge, and that is what we have accepted
here tonight. We are going to do a good job for you; I know collectively we are
all charged to do that and that's exactly the way we intend to see it carried out.
If we make any mistakes, it will be mistakes in judgment. and we will work in
every way we know how to make sure that our judgment is always our top priority
to the best, most efficient government that we can, for our city, I thank
you for 'this opportunity, an behalf of these men, who have served you the last
two years.
Mayor Johnson recognized ex-Mayor Arthur Bacon and ex-Mayor .lohn Porterfield in
the audience.
Mayor Johnson
the last four
other things.
opportunity of
because of it.
thanked Councilman Bill. Darby far the work he has done for our city
years and said he looked forward to seeing him move ahead in same
Before stepping dawn, Bill Darby expressed his appreciation for the
serving this city and that he felt he was a better person now
Meeting adjourned.
FRANK B. JOHNSON, MAYOR
.lAMES M. HAWKINS, WARD 4
ELBERT R. COALSON, WARD 6
CITY CLERK
do solemnly swear that I will well and
the City of Smyrna far the ensuing term,
the Charter and Ordinances of said City
without fear or favor, and in all my actions as
for the best interest of the said City. So help
and sworn to before
day of January, 1980
Court
ATTORNEY
do solemnly swear that I will well and
of the City of Smyrna for the ensuing
enforce the Charter and Ordinances of said
, without fear or favor, and in all my actions
believe for the best interest of the said City.
and sworn to..before
day of January, 1980
COURT RECORDER
as
will
of my
act as
do solemnly swear that I will well and
of the City of Smyrna for the ensuing
enforce the Charter and Ordinances of said
, without fear or favor, and in all my actions
I believe for the best interest of said City. So
before
1980
MAYOR'S OATH OF OFFICE
do solemnly swear that I will well and
City of Smyrna for the ensuing term. and
the Charter and Ordinances of said City to the
fear or favor, and in all my actions as MAYOR
best interest of the said City. So help me God.
~-
Subscribed and sworn to before
7th day of January, 1980
COUNCILMAN
do sol.emnly swear that I will wel~ and
the City of Smyrna for the ensuing term,
enforce the Charter and Ordinances of said City to
without fear or favor, and in all my actions as
believe for the best interest of the said City. So help
(Seal)
sworn to.before
of January, 1980
Court
COUNCILMAN
do solemnly swear that I will well and
the C~tY of Smyrna for the ensuing term,
the Charter and Ordinances of said City to
fear or favor, and in all my actions as
for the best interest of the said City. Sa help
Councilman
Max Bacon
(Seal)
COUNCILMAN
do solemnly swear that I will well and
the City of Smyrna for the ensuing term,
enforce the Charter and Ordinances of said City
without or favor, and in all my actions as
for the best interest of the said City. So help
(Seal)
me this
to before
January, 1980
urt
COUNCILMAN
do solemnly swear that I will well and
the City of Smyrna for the ensuing term,
enforce the Charter and Ordinances of said City
without fear or favor, and in all my actions as
for the best interest of the said City. So help
(Seal)
me this 7th
sworn to before
of Jan;uary, 1980
COUNCILMAN
do solemnly swear that I will well and
o the City of Smyrna for the ensuing term.
the Charter and Ordinances of said City to
fear or favor, and in all my actions as
the best interest of the said City. So help
(Seal)
me
and sworn to before
7th day of January, 1980
COUNCILMAN
do solemnly swear that I will well and
o the City of Smyrna for the ensuing term.
enforce the Charter and Ordinances of sai.d Ci.ty to
without fear or favor, and in all my actions as
for the best interest of the said City. So help
(Seal)
Elbert R.
and sworn to before
7th day of January, 1980
Court
COUNCILMAN
I,
truly
John Steely do solemnly swear that I will well and
demean myself as Gouncilman of the City of Smyrna for the ensuing term,
will fa~thful1y enforce the Charter and Ordinances of said City to
ability, without fear or favor, and in all my actions as
as I believe for the best interest of the said City. So he~p
(Seal)
me
and sworn to hefore
7th day of January, 1980
.Court
January 7, 1980
The incoming Councilman Max Bacon was called to take his seat and the first
meeting of the new administration was called to order. Mayor Johnson introduced
all the members of the Council.
Judge George H. Kreeger administered the oath of office to Mayor Frank Johnson.
Judge Kreeger then administered the oath of office to six of the seven Councilmen:
James E. Tolleson, Ward 1
Jerry MillS, Ward 3
James M. Hawkins, Ward 4
Jack Shinall, Ward 5
Elbert R. Coalson, Ward 6
John Steely, Ward 7
Ex-Mayor Arthur Bacon administered the oath of office to his son, Max Bacon,
attested to by Judge Kreeger.
The first official act of the new administration was to appoint the Recorder's
Court Judge, City Attorney and City Clerk. Upon the recommendation of Mayor Frank
Johnson. Jerry Mills made a motion that Wi~~ouise Spivey be reappointed as City
Clerk, seconded by John Steely. Vote on the motion carried by a 7-0 vote.
On recommendation of Mayor Johnson, Elbert Coalson made a motion that Charles
E. Camp be reappointed City Attorney. Jack Shinal~ seconded the motion which
carried by a 7-0 vote.
On recommendation of Mayor Johnson. Jim Hawkins made a motion that C. V.
be reappointed Recorder's Court Judge, seconded by John Steely. Vote on
motion carried by a 7-0 vote.
Reeves
the
Judge George Kreeger administered the oath to:
C. V. Reeves
Charles E. Camp
Willouise Spivey
Recorder's Court Judge
City Attorney
City Clerk
Upon the recommendation of Mayor Frank Johnson, Jerry Mills made a motion that
Elbert Coalson be reappointed Mayor Pro Tem. Jim Hawkins seconded and vote on
the motion was six for and one abstention. Elbert Coalson abstained.
Jim Hawkins made a motion that the 1980 residential and commercial business license
schedule be adopted at the same rates as 1979. Jim Tolleson seconded the motion
which carried by a 7-0 vote.
Commercial building permits were presented by Inspector Len Wi~liams and upon
his recommendation the fo~lowing action is recorded:
(1) 1948 Cobb Parkway, Plumtree Apartments, requested a permit to repair $30.000
in fire damage. Plans had been approved by the Fire Department and the Inspection
Department. Jim Hawkins made a motion the permit be approved, seconded by Jim
Tolleson. Vote on the motion carried by a 7-0 vote.
(2) Southern Bell Telephone Company. 1369 Spring Street, requested a permit to
remodel their building, at a cost of $40,000. Jack Shinall made a motion the
permit be approved, seconded by Jim Tolleson. Vote on the motion carried by a
7-0 vote.
Jerry Mil~s made a motion that four notes in the amounts of $80,000, $200.000,
$250,000 and $200,000 be rolled over for a period of ninety days until tax revenues
are received. Jack Shinall seconded the motion which carried by a 7-0 vote.
Mayor Johnson announced the following committee appointments:
Inspections
Jerry Mills, Chairman Jim Hawkins &
,Jack Shina~l
Jerry Mil.ls, Chairman ,John Steely &
Jim Hawkins
Jim Hawkins, Chairman Max Bacon &
John Steely
John Steely, Chair.man Max Bacon &
Jack Shinall
Jack Shinall, Chairman Elbert Coa~son &
Jerry Mills
Finance & Administration
Purchasing
Streets
Parks and Recreation
Water
(Continuation of January 7, 1980 Meeting)
Fire
Ji.m Tolleson, Chairman
Jack Shinall &
John Steely
Po~ice & Civil Defense
Elbert Coalson, Chairman
Jim Hawkins &
Jerry Mills
Public Works, Garage
and Construction
Jack Shinall, Chairman
Max Bacon &
Elbert Coalson
Employees Benefits
and Insurance
Max Bacon, Chairman
Elbert Coalson &
Jack Shinall
Library
Jim Hawkins, Chairman
Jim Tolleson &
Jack Shinall
Sanitation
Max Bacon, Chairman
John Steely &
Jim Tolleson
Announcements: Neighborhood Watch Program. January 9th at 8:00 p.m., City Hal~;
the Jonquil Breakfast at Fair's Restaurant on the 16th; the GMA Mayor's Dayan
January 20th and 21st and the next Council meeting on January 21st.
Jim Farley asked permission to request bids for an air pack for the Civil Defense
department, which has already been budgeted. Elbert Coalson made a motion that
bids be requested for the air pack, seconded by Jack Shinall. Vote on the motion
carried by a 7-0 vote.
Meeting adjourned at 8:25 p.m.
************************
A special called meeting of Mayor and Council was held January 10, 1980 at City
Hall. The meeting was cal~ed to order at 7:30 o'clock p.m. by presiding officer
Mayor Frank Johnson. All Councilmen were present. Also present was City Clerk
Willouise Spivey.
The purpose of the meeting was for the residents and owners of FOXIlloor Apartments
and surrounding property owners to discuss with Mayor and Council the recent
closing of Lave Street Extension and to ask their reconsideration of this action.
Mr. John P. MacNaughton was the attorney representing Foxmoor Apartments and
read a letter from C. J. Sanford, Fire Marshal, addressed to the Mayor and Council
as follows: '~ith regard to the item on the agenda of the meeting of the City
CounciJregarding the closing of the Love Street entrance to the Foxmoor Apart-
ments, I strongly recommend that the street entrance be left open. These apart-
ments were built before the adoption of any fire codes; therefore, there are
no firewalls or fire stops. There are only a few fire hydrants within the
complex; indeed there is only one fire hydrant at the Love Street entrance to
the complex which is necessary for fire line supply to the back buildings. TILe
fire codes, as written, do not grant this office to require the comp~ex owners
to instal~ additional hydrants. firewal~s, or fire stops. Therefore, in the
interest of safety I strongly recommend that the Love Street entrance at Foxmoor
Apartments be left open." Hr. MacNaughton stated he was not here tonight to
really discuss the legality of the closing of the street, but the practicality of
the closing in regards to safety, fire control and easy access. They are sensitive
to any problems they may be causing any neighbors and want to talk about ways of
correcting these problems.
Jerry Mills explained that in accordance with the City Charter, the City has the
right to open or close any street it desires. The main reason for the closing
of the street was, it is too narrow. A petition was presented to Council from
the Surrounding property owners requesting the street be closed. A considerable
amount of money is involved in widening the street and he felt that what they
were really saying in the petition was to close the street, not spend the money
to widen it.
(Continuation of January 10, 1980 Meeting)
Mr. MacNaughton stated the owners of Foxmoor might be willing to bear the expense
of widening the road, but he felt it 'tvould be inappropriate to make such an offer
prior to the outcome of the meeting tonight.
Jim Hawkins stated he was the person responsible for sponsoring this action and
that he was aware of the problem before he was elected to office, by talking to
people in the area. They asked him then to look into it, and he was contacted
later by several residents in the area asking for help again. They had several
serious problems with the street. Jim stated in his opinion, the street is
nothing more than an extended driveway. From information received, when the
apartments were built they simply asphalted up to the street and joined onto it,
and it was never a legally opened street. It is impossible for a fire truck to
get into the complex with cars parked as they are. As a compromise to all con-
cerned, a padlocked gate was erected with a key given to the Fire Department.
The gate was installed, but was completely torn down before the next morning.
On two other occasions, the padlock on the gate was cut off. It seems the
residents are not really concerned with the fire safety, but the convenience of
having the street open.
Jerry Mills stated residents on Love Street had also complained about people
walking from the apartments coming onto their property and littering streets and
yards. Mr. MacNaughton replied he felt that should be a police problem, and
not a problem that would involve closing the street.
Jerry Mills requested the following sections from the Georgia Code Annotated be
recorded and made a part of these minutes: Authority as to Streets; Sections
95A-5, 95A-6, 95A-83l, 95A-844, 95A-901, 95A-I017, 95A-1210.
Tena Griffeth, resident nEnager of Foxmoor, in response to a question from Mr.
Coalson stated there were two other entrances to the apartments, on Medlin Street.
During discussion. Mr. MacNaughton stated that the cars being parked at the street
was the apartment owner's problem, and they would rather deal with that problem
and do whatever had to be done to accommodate their tenants, than have the road
closed.
Mr. Holloman represented the homeowners in the area and said basically, a~l the
facts have been mentioned tonight. Even if the apartment owners did away with
parking completely around this area, there is an area 10 or 12 feet wide that has
a culvert that would be a problem if the road was widened. Also, many times there
have been people moving in or out of the apartments between ~O:OO p.m. and 2:00 a.m.
disturbing homeowners on Love Street. The main thing is the safety factor involved,
and this has been their concern, along with the nuisance problems. Further, if
the City had an adequately equipped width street a~l the way through and the City
constitutes it as a street, they would not have the right to come here and ask that
it be closed. The removal of the parking area would not serve the purpose for
safety factors as we have mentioned before.
Jim Hawkins stated he would not be in favor of the City expanding the road since
the road serves only one purpose, the ci.tizens of Foxmoor Apartments. Jerry Mills
also said he would not be willing for the City to spend the money to widen the
street, which in his estimation would cost between $10,000 and $15,000. Mayor
Johnson stated it appeared to all concerned that it would be agreeable to widen
the street. if the apartment owners would bear the expense and asked Mr. Hawkins
to work with Mr. MacNaughton and the apartment owners and report back to Council.
Mayor Johnson also suggested that the Foxmoor Apartment owners present a proposal
to the City outlining everything they would be willing to do that would prevent the
. closing of the street.
Jerry Mills requested that Section 47 of the City Charter concerning the opening
and closing of streets be made a part of the minutes.
Jim Hawkins stated he would obtain an estimate for the widening, curbing and
installation of drain pipes and leave it with the resident manager, but he felt
there would be two property owners involved and asked Mr. MacNaughton to check
into that. Further. he felt the gate is a fair compromise from a safety standpoint.
He recommended the gate be padlocked again, and if the lock is cut that it be
barricaded permanently.
After further discussion, it was agreed that Jim Hawkins would work with Mr.
MacNaughton in an attempt to reach some agreement within the next 30 days. The
City will also move the gate back approximately five feet so that it will not
hinder cars parked there, and will be kept locked.
Meeting adjourned at 8:37 p.m.
The scheduled meeting of Mayor and Council was held at the City Hall,
Smyrna, on January 21. 1980. The meeting was called to order by Mayor
Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present
was City Attorney Charles Camp, City Clerk Willouise Spivey, Director of Finance
and Administration Gunter Newsom. Police Chief R. E. Little, Director of Parks
and Recreation Asa Howard, Assistant Director of Public Works Vie Broy~es. Assistant
Fire Chief Hubert Cochran, Building Inspector Len Williams, Director of Civil Defense
Jim Farley and representatives of the press.
Invocation was given by Jim Hawkins. followed by the pledge to the flag.
Mayor Johnson recognized Rick Priegel and other members of the Smyrna Jaycees.
President Priegel introduced the Board of Directors and read a letter addressed to
Mayor and Council commending them for outstanding service and effective leadership
the They presented a plaque which read "MAYOR AND CITY COUNCIL, SMYRNA,
GEORGIA. in Appreciation of Your Outstanding Service and Effective Leader-
ship. Smyrna Jaycees 1979-80." Jaycee Jim Sparks, Chairman of Governmental Aware-
ness project. read a letter stating the goal of the Governmental Awareness project
was two-fold. First, seek to educate the members concerning the governmental
processes which effect them, and second to encourage public awareness and interest
in our city government. The letter also requested a copy or access to the Code
of Ordinances so that they may become knowledgeable of its contents and relate
this information to all members of the C~ub. Mayor Johnson thanked the Jaycees
for the plaque and praised the organization as a whole, especially the Smyrna
Jaycees. He assured them they had the City's .support and that they would have
access to the Code of Ordinances at any ti.me.
Jerry Mills advised that every five years the contracts between the City and the
Georgia Power Company, covering all outdoor lighting, street lights, traffic signals,
flashers and park lighting, should be renewed. Jerry Mills made a motion Mayor
Protem Elbert Coalson be authorized to sign the three contracts. Jim Hawkins
seconded the motion which carried by a 6-0 vote. Jim Tolleson. Max Bacon. Jerry
Mills, Jim Hawkins, Jack Shinall and John Steely voted for. Elbert Coalson abstained.
Mayor Johnson stated that since he was an employee of Georgia Power Company, he would
rathe~ not sign the contracts.
Variance request: Charlie Fouts requested a side yard variance in order to build
additional stalls onto the existing building located at 2899 Atlanta Road. He stated
the adjoining property was owned by Standard Oil Company and it would take several
months to receive a reply from them. Public Works Director Jim David advised he
could no)t see that the proposed building would create any problems to the adjoining
property owner. Mr. Fouts said he had talked with Mr. Holbrook, leasee of the
Standard Oil property, and he had no objections to the variance. John Steely made
a motion variance be approved, and requested the letter from J. E. David be
made a part of the minutes. It read as follows:
"January 17, 1980. To: Mayor and Council, City of Smyrna; From James E. David,
of Public Works; Subject, Variance 2899 South Atlanta Road. I have dis-
construction of a building an this property with Mr. Charles Fouts. In
my upon walking over property I cannot see that this building would create
any problems to the adjacent property owner ( Standard Oil) in any way.
In order to contact the Standard Oil Service Station owner, it would probably take
several months to obtain a definite answer.
There is now a low Cyclone fence on the north property line of Standard Oil running
east down to rear of property.
Construction of a building on above site would certainly improve the property on
the south end of present building.
If I may furnish additional information, please contact me."
Elbert Coalson seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Bui.lding Inspector Len Wil1.iams, and
upon his recommendation the fallowing action is recorded:
(1)
the
John
County Board of Educat requested a permit to erect concrete seats in
at Campbell High Schoo~. Cost of construction is approzimately $50,000.
made a motion the permit be granted. Jim Tolleson seconded the motion.
(Continuation of January 21, 1980 Meeting)
Jack Shinall made a motion to amend the original motion and waive the permit fee,
since this was for the Cobb County Schoo~ System. Jerry Mills seconded the motion
to amend, which carried by a 7-0 vote. Vote on the main motion carried by a 7-0
vote.
(2) Bernard Halpern, owner of property located at 2460 Atlanta Road, requested a
building permit for Jonquil Broadcasting Company (WYNX) to erect four (4) towers
and a building at this location. Plans had been approved by the Building Inspector
and Fire Marshal. Elbert Coalson made a motion the permit be approved. Jim Hawkins
seconded the motion which carried by a 7-0 vote. Elbert Coalson advised that it
may be possible that the Civil Defense department can secure a used generator from
the Federal government, which would be loaned to WYNX, and in case of emergency
the station would broadcast messages. The station would be glad to participate
in this project and they would be responsible for the maintenance and upkeep of
the generator.
Validation of signatures: Opal W.
property located in Land Lot 593.
Jones requested annexation of 9.969 acres of
The application was read as follows:
"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 Smyrna under the provisions of the Code of Georgia Annotated, Sect.ions
69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413;
1971, 399; 1976, pages 1011, 1012; said property to be annexed being described
as follows. to wit:
All that tract or parcel of land lying and being in Land Lot 593 of the 17th
District, 2nd Section, Cobb County, Georgia and being 5.978 acres as per plat
of survey by All South Engineering and Surveying Co., Inc. dated Apri~ 4, 1979
and being ffioreparticularly described as follows:
BEGINNING at an iron pin at the corner formed by the intersection of the westerly
right-of-way of Matthews Street (30 foot right-of-way) and the southerly right-
of-way of Whitfield Street (30 foot right-of-way); running thence south 1 degree
53 minutes 49 seconds east along the westerly right-of-way of Matthews Street a
distance of 610.94 feet to an iron pin at the intersection of the westerl.y side
of Matthews Street and the northerly right-of-way of Walker Street (30 foot right-
of-way); running thence southwesterly and westerly along the northerly right-of-way
of Walker Street and following the curvature thereof a distance of 413.98 feet to
an iron pin; thence north 0 degrees 37 minutes 26 seconds east a distance of 240
feet to an iron pin; thence north 89 degrees 22 minutes 33 seconds west a distance
of 15 feet to an iron pin; thence north 0 degrees 37 minutes 26 seconds east a
distance of 423.37 feet to an iron pin on the southerly right-of-way of Whitfield
Street; running thence north 87 degrees 18 minutes 51 seconds east along the
southerly right-of-way of ffi.itfield Street a distance of 394.25 feet to an iron
pin and the point of BEGINNING.
Also, all that tract or parcel of land lying and being in Land Lot 593 of the 17th
District, 2nd Section, Cobb County, Georgia and being 2.991 acres as per plat of
survey by All South Engineering and Surveying Co., Inc. dated April 4, 1979 and
being more particularly described as follows:
BEGINNING at an iron pin at the corner formed by the intersection of the westerly
right-of-way of Matthews Street (30 foot right-of-way) and the southerly right-
of-way of Walker Street (30 foot ..right-of-way); running thence south 3 degrees 1
minutes 56 seconds east along the westerly right-of-way of Matthews Street a
distance of 250.63 feet to an iron pin; thence south 87 degrees 17 minutes -,li7
seconds west a distance of 379.26 feet to an iron pin; thence south 86 degrees
o minutes 27 seconds west a distance of 176.21 feet to an iron pin; thence south
87 degrees 40 minutes 12 seconds west a distance of 67.15 feet to an iron pin;
thence north 1 degree 57 minutes 55 seconds west a distance of 194.52 feet to an
iron pin on the southerly right-of-way of Walker Street; running thence north 85
degrees 10 minutes 28 seconds east along the southerly right-of-way of Walker Street
a distance of 210.53 feet to a point; thence continuing along the southerly right-
of-way of Walker Street and following the curvature thereof a distance of 412.97
feet to an iron pin on the westerly right-of-way of Matthews 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 the recordt_it1:e holder.s oftha fee s.imple title. or -:h_is
representative, of 60% of the land area above described by acreage:
W. JONES"
(Continuation of ,Tanuary 21, 1980 Meeting)
Jack Shinall lnade a motion to validate the petition, and set the date of hearing
as February 18, ~980. Jerry Mills seconded the motion which carried by a 7-0
vote.
Validation of signatures: Bruce A. Bergherm, M.D.,
Towers requested annexation of 5.3 acres located in
application was read as follows:
representative for the Smyrna
Land Lots 530 and 551. The
"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. 411, 412, 4~3; 1971, 399; 1976,
Pages 1011, 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 530 and 551, 17th
District, 2nd Section. Cobb County, Georgia. and being more particularly described
as follows:
To find the true POINT OF BEGINNING, begin at an iron pin on the southwest side
of the right-oT-way of South Cobb Drive (State Road 280) where said right-of-way
intersects with the north line of Land Lot 551, proceed thence south 37 degrees
05 minutes east 365.00 feet al_ong the southwest right-of-way line of South Cobb
Drive to an iron pin; thence south degrees 55 minutes west 254.50 feet to a
point; thence north 82 degrees 05 west 162.63 feet to the center line of
a creek; thence north 4~ degrees minutes west 54.07 feet to a point in the
center line of the creek; thence north 81 degrees 48 minutes west 110.58 feet to
a point in the center ~ine of the creek; thence south 86 degrees 25 minutes west
118.22 feet to a point in the center line of the creek; thence north 18 degrees
49 minutes west 48.60 feet to a point in the center line of the creek; thence
north 17 degrees 42 minutes west 72.98 feet to a point in the center line of the
creek; thence north 02 degrees 27 minutes west 67.05 feet to a point in the center
line of the creek; thence north 33 degrees 49 minutes west 66.10 feet to a point
in the center line of the creek; thence north 21 degrees 05 minutes east 79.68
feet to a point in the center line of the creek; thence north 28 degrees 26 minutes
east 89.29 feet to a point in the center line of the creek and an the Land Lot
Land Lots 529 and 552 from Land Lots 530 and 551; thence south
40 minutes east 414.00 feet to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION TO THE CITY OF S~ITRNA.
Witness 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 a.creage:
s!BRUCE A. BERGHERM. M.D., PRES. and D. A. MAGOON, SECRETARY/TREASURER"
Jerry Mills made a motion to validate the petition and set the date of hearing
for February 18, 1980. Jim Tolleson seconded the motion which carried by a
7-0 vote.
Jim Tolleson stated a committee was being formed to beautify Smyrna. Larry Morris
of the Forestry Department is to meet with the committee on January 29, ~980 at
10:00 a.m. The purpose is to farm two groups. One, a downtown merchants group,
and the second is a group to get some green spots along the rail_road tracks from
the old terminal to Belmont Hills Shopping Center. He hopes to get garden clubs
and civic clubs involved. He also stated he thought some Federal Grants were
available far public work and asked Gunter Newsom to pursue the search for funds.
Max Bacon stated his first two weeks had been interesting; he was learning and
will continue to ask questions in his effort to really get involved.
Jerry Mills made
Commerce i_n the
by a 7-0 vote.
a motion to approve the bi~l from the Cobb County Chamber of
amount of $550.00. Jim Hawkins seconded the motion which carried
To be charged to Association and Dues expense account.
Jerry Mills reported a $200,000 loan we had with the Trust Company Bank of Cobb
County and due December 28, 1979 was paid in full; also the loan from the General
Fund to Water and Sewer Sinking fund in the amount of $70.000 has been repaid.
Jack Shinall made a motion bids be
for the Department. This
Revenue Sharing Funds. Bids
4, 1980. The motion was seconded
requested for one (1) Fleetside pickup truck
was budgeted and is to be paid from
be opened at the regular meeting on February
by Elbert Coalson and carried by a 7-0 vote.
of January 21, 1980 Meeting)
motion bids be requested for one (1) Hydraulic Sewer Cleaner
for the Water Department. He stated last year we paid
renting a cleaner. He advised we could save money on manhours
This was budgeted and is to be paid from Revenue Sharing
Mills the motion which carried by a 7-0 vote. Bids are to
the 1980 Council meeting.
from Chief Little asking permission for the City
Dimes Walkathon to be held March 22, 1980 at 9:00
we approve this request. John Steely seconded
vote.
a motion bids be requested for one (1) athletic field conditioner,
~ower and the relighting of Ward Park, Phase II. These items
are to be paid from Revenue Sharing Funds. The motion was seconded
and carried by a 7-0 vote.
to surplus the old Ward Park lights (fixtures and brackets).
and sealed bids requested. Jack Shinall seconded
a 7-0 vote.
approve an additional $1500 for consultant fees for
Citizens Center. This $1500 wou~d come out of the
of this project. Jerry Mills seconded the
Parks and Recreation Director Asa Howard had resigned
Asa for a job well done and wished him luck
Mayor and Counci~ for giving him the privilege of
enjoyed the work and it had been a learning experience
last billing of the water bills, and stated there would
(77) acres given to the City, which was surplused by the Federal
John Steely stated we needed to install a fence and
which would cost approximately $50,000. Jack
acreage and we should do what was necessary to keep
it.
meeting will be held on February 4, 1980.
at 8:35 p.m.
ELBERT R. COALSON, WARD 6