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02-07-1949 Regular MeetingThe regular meeting of the Mayor and Council of the City of Smyrna, was held at the City Hall at 7:30 P. M. Monday, Feb. 7, 1949 with the following members of the Council present: P. P. Shaw, M. L. Collins, H. L. McIntyre, R. B Logan and R. S. Brinson. Mayor J. M. Gibson presiding. Minutes read and.approved as corrected as following: Mayor recommend.01illingham, Cheney, Hicks -and Edwards be re- tained as City Attorneys. Motion made by R. S. Brinson and seconded by H. Lm McIntyre, To retain Willingham, Cheney, Hicks and Edwards as City At- torneys. Voting for, M. L. Collins, H. L. McIntyre, R. B.Logan,• and R. S. Brinson. Voting against, P. P. Shaw. Mayor .recommended the following chairman be elected for the year 1949: 1. St. Paving & Maintenance Committee P. P. Shaw, Chairman R. S. Brinson . H. L. McIntyre 2. .Sewerage .& Disposal Plant Committee � R. Be Logan, Chairman P. P. Shaw Dr. M. L. Collins 3. Health & Sanitation Department Dr. M. L. Coll -ins R. S. Brinson R. Be Logan 4. Waterworks Department R. S. Brinson, Chairman H. L. McIntyre Dr. M. L. Collins- 5. Police & Fire Department H. L..Mclntyre, Chairman A. S. Brinson P. P. Shaw Motion made by P. P. Shaw and seconded by IT. L. Collins to accept the committees as read. Voted unanimous. Request of H. G. Poss (1/11/49, pp. 169) for larger pipe re- ferred to R. S. Brinson, Chm. Waterworks Dept. Harold Willingham, City Attorney discussed the value of getting all petitions for the year, at the same time to have streets paved. V. H. Hoagland, Auditor states the City is losingi3unquestionable losses:'Advalorem Taxes. Mr. Hoagland also suggests more help in the City Hall,.stating there is too much work for one person to handle properly. Councilman Logan questions Mr. Hoagland as to having Petty Cash ticket vouchers approved beforepmaking checks. This he approves. Mayor Gibson recommends that the Auditor work one and a half or two days at the end of February to help familiarize clerk with keeping and closing the books. Motion made by M. L. Collins and seconded by R. Be Logan to to employ services of Auditor for one and a half or two days at end of February to help City Clerk close books. Voted unanimous. Motion made by R. Be Logan and seconded by P. P. Shaw, to have Mayor approve Petty Cash Vouchers before check is written. Voted unanimous. C. P. Bagley of Chas. P. Bagley & Co., suggests part time bookkeeper as a solution to the need for extra help in -the City Hall. Discussion on qualifications to vote in city elections. Motion made by R. B. Logan and seconded by R. S. Brinson, to accept changes in Charter,as read (if passed by General Assembly) with correction as follows: A qualified voter must be registered in the bounty and live in the City at least six months. Voting for, R. B. Logan, R. S. Brinson, H. L. McIntyre, and M. L. Collins. Oppose P. P. Shaw. Bob Lewis submitted plans for remodeling BpbTs.Tavern. Motion made by P. P. Shaw and seconded by M. L. Collins, to -give per- mission for remodeling Bob's Tavern provided the lattice petition would not exceed3 ft. ,in,height. Voted unanamious. r Dan Ledford request concerning ditching, referred to R. B. Logan, Chm. Sewerage Dept. -2Y,c ,� C. P. Pace submitted (blue print) plans for a store building on Roswell Street. Motion made by R. S. Brinson, to approve plans according to blue print, specifying concrete front and ends, bac4,of wood structure, and said store building cannot be used for living quarters. Motion sec- onded by H. L. McIntyre. Voting for, R. B. Logan, R. S. Brinson and H. L. McIntyre. Voting against M. L; Collins and P. P. Shaw.. Kenneth Tapp submitted (blue print) plans for a house to be- built 216 Hill St. Approved unanimous by signature of all Councilmen. Chief S. G. Sexton reported on, investigation of Johnson Shoe -Store, stating, store to be cleaned up in one week from date. Motion made by P. P. Shaw as to present Business License .of Southland Ice Company, remaining $130.00, seconded by H. L. P:4cIntyre. Voted unanimous. Bills amounting to $ 1,$ ikti , read by Mayor Gibson. Motion made by P. P. Shaw and seconded by M. L. Collins -to -pay all due bills as read. Voted unanimous. Pigs in City limits, referred to Dr. Collins, Chm. Health &•Sanitation Department. , R. B. Logan suggest City Policemen wear uniform shirt and coats. Motion made by P.'P.*Shaw and seconded by M. L. Collins to raise Chief S. G. Sexton salary from $ 175.00 to 1141,185.00 per month, also night police- man R. N. Neese from 8160.00 to $165.00 per month. Voted unanimous. License granted American Legion (Harry Mitchell), for selling Beer.). Legion Home restricted to members and guest, under police jurisdiction and closed on Sundays. Motion made by R. B Logan and seconded by P. P. Shaw to grant License to American Legion. Voting for, R. B. Logan, P..P. Shaw, R. S. Brinson and H. L. McIntyre. Against M. L. Collins. H. P. McCollum gave report on water department. Discussion of garage apartment and house getting water from same meter. Motion made by' R. B. Logan and seconded by H. L. McIntyre giving McCollum authority, where there are two buildings occupied as living quarters, there shall be two meters or two bills and signed.aggreement by owner, and said agree- ment being drawn up by lawyer. Voted unanimous. -� Motion to adjourn by P. P. Shaw and seconded by R. S. Brinson Adjourned 11:00 P. M. l-vLL -mil` c To 66" dantiticd an A76t to Mnehd the Act 'cretatins; a h9w Chartor for they mayor and coitnci,l of (and/or) the Town of Soomm approved August 27, A 931.` Cox.. Lana 11)31p ,paos I5 �38 jmduo ve) and .. 4 a�Wroar�..iAate a+eniiet,�►ary n • thelreotj by, ehanging, t6 qual]O cats ans of voters. and establishing -new t r twl.3 ficatt cans for voters oUri ibla to, vote i n tilt) i:cipi�. elections of +s ai.t City sUoh changes tobe .aecompliahed, "b' striking -in their antirety lectiond 13, and.14 of said Act i 91 }"llalbt3t�:t13'�ilal� � ��.0tt thtarctof ' now .530tlons 13 and 141 to change the qu&Wibatioas of the w7or and scour cilmon ,of e4id Citya to provide a dothod oft it qualifying as candi deters* ,vW to fixand,; establish, w gval ifs fea, , 411 of dhvii to ' ' be tccoaplishad_'by attriking in its vnti oty' oesction '3$'of the now Chair of the said Cit7 of ` orrna, and meeting in lieu thereof a now Settion 15;.. t* = er and authoritgo the mayor send oounell of the 3a d City of tVme M toasaos8p' lovy and collect a owitary' ta:efore the collection z,f gar ace. and Other debris and, refuse 9a and to create Azad -aMxtAin a sanitary cisW-t sent; and for other puapaoee. t .. r Do it dnaated by the Cameral A,aa aA`' cif _V�a State of {3eor4i a !,' and itId heroby enacted" by the authority'of the :_ a 'z't>;at $adtion 13 of the! 'anbw Charter ot, the -City of {04we't 3.}3Ia pap$� 3xlt�3ursivd} And- deveral aA aaaoondatorf thereof id lwreby; amti od, ropa+slixl and htzOon in, itas' antiroty and a Utm- Section 13 inserted in l i:e h thoroof to read calaa':40110 roe it further olaracted`.. that evor-r hUixe n of the City" of was' • ni£,htem yaarrJ of age or over,,: who ahell_,heave reexde d within, they � corporate its of the -Uty of Smyrzaa far" a pariiod of- six r tha..ftect yy j\ preceding an el ootion,, and. who i a g oci.atet7od. and ,,cmti.tl6d to vote for-. rep"Ventati"11 from the C0unV of Cobb in the-Caneral.Ascembly`Or the State3..of C•eargia,,, sexed who is 101pl y retailre3ti,uinie�ar� tho, art�rianaaras afk ,aid: fifty as xa voter in the ram cipa .elections of mdd,City'�t fif'teaeat * proceiUng an al6ctionp and who shaal i haves paid al l t UMS which may Nava- bean required of him or <hur lair oaks dtyj. and *hick' ' he or she may have had an opp-ortunity to pay agreeably to lye,, except for the` year during. *dch'tho, `elaoti.on was' hold, end"who eh,mil Nave pidd, all fines, .licanse and bus notss .these requirod of "him or _. ` hear by Maid city, shall. be O.A4=ed to vdt* aft kW election held, in 'Section 2. g That Section 24 of they new Charter of, the City 'or STVTn& (eta. %ors. ,1,931.r pages 955-990 inclusive) wid several Acts amandat017 �theree�f 6 is •'heroby , ncled, `x4�,pealed and striksn in its entirety Land a now ,Section 14iftserteacl in lieu thereof to ,read 'as talew' st "Ro iit further onacted's that iii case the managar of, arq eleption shell have, a resas6hable doubt: as try. the VAUfieaetion eof any vo.ter., , or ' should ,Any voter be challenged, they shall: administer said votak the ` following oaths #You do tWea►r that you are: a. cititesn of tho ,uta'tce of' Georgia$ ana :aro re etesred acid ahtit ed to vdto , uhdii the Batts of tho hate of Georgia, for roprebmitativah from the County -of "Cobb in the General-Amse%bay of Oeorgia; thdt you Piave, aRttrainda the .a' of eieitecn. years; that you have molded for ar poriod of sic zsonths r next prodsding -the election withinthe horporate 11mith of - the City of Smyrm., hn6 have paid. all taxos., iicerwds, and, finery le ."I.ly re3g,4ired = of you by. �Oid City ofya �d have, 3eg1r ,rei.et+srad under.,the. . ordi nmcas of . said City as a ;votar in the m. re94pi e$lictions of said . k E `.� City at least fifteen dMz- Prior to, the, 6160tibn fo`r which"xthe . ithin oath, is beirig; actaini.a"firedf r n" a Section 3 ` That Section 15 of than new Charter of the City of c , -.(Ca." Wfea 1931, paged 955M-988 inclusive) +sand saveral Aks ameadAtox-,j thereeof t : hereby dmendedi respeealod and strike n in itsentirety and a n* Sectrion, 1,5 inserted- in lieu thereof to read asl*followda -"Be it further enacted, that no arson shall. be 61i.gi.ble for. the office of wyor or councilman of said Ci ty. unites 'he or she is a free. holder Owning reratl estate in said, City, and shall..hrave resided in said' City one year imiediately preceding his or he'r qua►1if3cationu for .. office, and shall he a. qualified and registered d v©F,erell#blo to vote in the municipal elections of said City for said officers and_shM be over twenty=one years of age and shall_;.not have` been convicted of any crime involving moral turpitude:' The,name of no candidate for either' " ,mayor --or councilman'shall be placed.on the,b.allot,in elections for . r mayor and councilmen, unless such candidate shall file with the Clerk of the said City., fifteen days prior to the election in whiclit " t or she or her 'or she " he/desires to be a candidate, his/2written notice that he/ desires that or' her- - ' " W I 1 - his/ name be placed on said ballot as a candidate either for mayor or councilman] Such written notice shall be iwl'such form and shall con tain such information as the mayor and council may provide by ordi- nance. No person shall be, -eligible for the office of mayor,or council- marl of said City unless such person shall, file, said above notice ` 5 within.the time above provided, and unless on or before said,time•he ' ,•Shall pay a. qualification .fee to said Clerk in the amount of25.00 'if a-d''andidate for mayor] and in the amount, of ,110.00 .if a.- candidate for Councilman, said amounts not to be refundable in the event a , candidate withdraws between the date�of his qualification and that of the election." s r t ,Section l� . " ,,That Section;27 .of the.new.Charter of the City -of Smyrna (Ga,Laws r 1931, p 955-988 inclusive) and.,several Acts amendatory x r thereof' is hereby ,amended by adding at the end of said Sectomtthe. (following: g "That the mayor council of said City ;are hereby authorized s 'and,empowered to assess., levy$;and collect a sanitary tax for collecting and removing garbage, rubbish', -filth„ debris, refuse.,alid other Y a.0 a matter from the premisesof the residents .of`said City;,.and to w ., create`,and maintain a sanitary department, elect its officers .andµ {, ' employees, prescribe their duties and.'fix 'their. salaries.. They,.shall 'have the right by ordinance„to prescribe sanitary regulations for the said City of Smyrna and to'fix a`fee and collect the same against" ; any person, firm or corporation domiciled withim the corporate limits ` of said city for whom .the sanitary, deparitment may render services.", _ a r so that said' Section as amended shall - read as follows:. �ISec. 27. fie it further enacted, that the mayor and council shall have full power to adopt and e'riforce such ordinances, rules and regulations as they may deem necessary to'secure the removal of all., garbage, rubbish, filth jl dead animals, weedsand undergrowth, and all Other offensive matter and material from any and all occupied or un— occupied lots or places within said town liddts, at the mense of. the ~ornier-of baid}lotsj°andsplaces when, said owner shall refuse or fail to remove.the 4 ' _�. niter �rrz v'ten"notice within two` days from the service r' of said notice. And said mayor and council, upon the failure of such } owner to remove-said,offensive matter or do such work, may cause the r , same to be :done at the expense„ of said owner, and shall issue executions., against said owner, eainst said gproperty for such exile -use and allg ch ro t for ta:ata on or the costsand the perspe-urn3n su p�. y person against whom said'prap�tierty may be assessed, shall be deemed ' to'be the true owner: ,Said.;executionsq-shall issuer and be enforced asp is else *Here directed in 'this` -Act. . t'ha�t.'the' mayor and council", of said City are,hereby -authorized and .empowered to ,assess, levy :and i S colleot�a sanitary tax_,for collecting and removing garbage-, rubbi6h, filth, debris, ;refuse;:' and`-other'matter,tilfrom the, premises of the ' - residents of said `City; °and to create and -maintain a sanitary depart a went, elect, its officers and' employees; pr, cribe- their duties and fax their salaries. Thef i b*40'6q i iiy ordinance to prescribe sanitary regulations =for, the said City of Smyrna and .to fix a fee, and collect the same against any person, firm or corporation domiciled within the corporate limits of said city for whom the sanitary department may f � f render sorvices."' ' s M Section 5. t ' } x s , t , That all laws, and parts `of laws in conflict Y& th same be and s x - � are hereby repealed. r a , r - rr - COBB GOO ill , STA.iL OF' RGIA. Before me, an officer authorized to administear oaths # came Lao Alkman, --ditor and Advertisini., Manager of thy. Cobb County Tims, who deposes &nu says that the following and attached notice of intent to apply for Passage of a local bills To aaiae id the Charter of the City of Smyrna by changing the qualifications of the -armor and counoilmen of said city; and in addition thereto to provide for o*n entrance fee for maiyor and councilmen; and to proviue for notice of in- tention to oacome as candidate for office of mayor or councilmen; to aiziend. s&Id (charter by adding; a pro- vision for a sanitary tax for saki city; by changing thu qualifications requisite for At person of said city to vote; tj c21Aakn e the method of' arbitration in cases ;wherein it dispute arises between a tax- payer and the Board of 'fax tsasessors; and for other purposes, W&S published in the (oob Count Times in its e�c itions of Januury 31th, ` 0th and 27 h, ? 949. 1POTI+Oil INTENTION TO APPLY FOR LOCAL LEGISLATION FOR THE CITY OF SMYRNA, SMYRNA, COBB COUNTY, GEORGIA. I hereby give notice of my intention to apply for legislation at the present session of the General Assembly of 1949 pertaining to the following matters, to -wit: (1) To amend Section 15 of the Act of the Legis- lature approved August 27, 1931, (Ga. ;Laws 1931 pages 955-988 inclusive), by changing the qualifications of the mayor and councilmen of said city; and in addi- tion thereto to provide for an entrance fee for mayor and councilmen ; and to provide for notice of intention to become a candidate for office of mayor or coun- cilmen; (2) to amend said above referred to Act by adding a provision for a sanitary tax for said city; (3) to amend section 13 of said Act by changing the qualifica- tions requisite for a person of said city to vote; (4) to amend Section 52 of said Act by changing the method of arbitration in cases wherein a dispute arises between a taxpayer and the Board of Tax Asses- sors. H. S. WILLINGHAM 2_U Rgpresentative of Cobb CorpPty- a isil�r .� Depone3nt furtner says that the Cobb County `z imes is a newspaper of general circulation in Cobb Count,;, ,"eorgia, is published weekly, and is the newspa:>er in which the Sheriff's notices are pu6j,isized. This 4th ddy of February, 1949. Lao #o.x Cobb County �;iznes® ,warn to and subscri ed before me this _.W ..day of -c./� , 1949 publIc 1, ' t a�;e arue otary Public, Georgia, State Large, My Commission Expires March 1, 1950, V 2 2. Maccabee Insurance Company, subject -to paying license. They are not required to pay a license because they are a Fraternal Company. 3. Jewel Tea Company, subject to paying license. They would probably come under Interstate Commerce, have not been able to find anything so far that would give -reason for their not paying. 4. House to House To be left to the :de:scTetibnz of the Mayor. �5. Mr. Willingham states he contacted Ledbetter & Johnson, as to repair work to be done and rioney owing them to be paid as soon as repairs are made. As soon as paving crew are in this vicinity and weater permitting, ,,..� repair work -will be done. Mr. Howard McCollum ask that definite time to bet for water -bills to be paid. TTotion made by R. B. Logan and seconded by P. P. Shati•I giving Mr. McCollum athority to cut water off, after 20th of the month following the second bill, provided due notice is given. Voted unanimous. Discussion "of runnirif; grater Concord Road. Welker estimates 619,000. Mr. Willingham sug est appointment of Tax Aggessors, so Tax Digest can be made up, stating assessments should run approximately a million and half dollars including, automobiles. Mr. H. L. Scoggins states people out on Conccrd Road want water. Motion made by P. P. Shaw and seconded by H. L. McFntyre to let people vote on �;20,000.Bond Issue for waterworks and annexation of Concord Road th'rougn Smyrna Industries. Voted unanimous. Motion made by P. P. Shaw and seconded H. L. McEntyre to refund 50.00 deposit on water meter .paid in November 1947 for vacant lot, to Mr. Horace Poss. Voted unanimous. Current bills read by Mayor; ��655.29 from ,`rater Dept., �.815.49 from General Fund, totaling y:,1,470.78. PTotion made by P. P. Shaw and sec= onded by R. B. Logan to pay bills. Voted unani.r�ous. Motion made by P. P. Shaw and seconded by R. B. Loganfor. City.to buy sewer not to exceed 75.00 for Mr. W. W. Day to build two man holes. Voted unanimous. Y\ • TTr. Logan suggests employing some one to tiielp with the bookkeeping at. the end of each month.. Motion made by P. P. Shaw and seconded by M.� h.• Collins giving Mr. Logan authority "to contact a person for the work, not to exceed per month for work. Voted unanimous. Motion made by M. L. Collins and seconded by P. P. Shaw to stop im- mediately all drainage into streets, also residence and business houses to comply with County Health Inspection. Voted "unanimous. ?lotion made by H. L. !,TcJ nt�Tre and seconded by Y. L. Collins to pass City Ordinance that no pigs are to be kept in the City limits. Giving sixty days notice from date. Voted unanimous. Mayor Gibso ugTests the Masonic grounds have a light. also �7 e Smyrna Cab be asked to put light at the back of their bui,z'.OfAhA least 1501W bulb. Meeting"adjourned 11:40 P. M. r