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03-04-1950 Regular Meeting216 0 The regular meeting, -of the Mayor and Council was held at the City Hall March 4, 1950, 7:30 P. M. Mayor J. M. Gibson presided Ever the meeting. The following Councilmen were present: P. P, Shaw; H. L. McEntyre, R. S. Brinson, C. W. Jones -and Stanley McCalla. City Attorney Harold Willing- ham present also. Mr. John Collier submitted plans for a two car garage apartment to be built in rear of 117 Mimosa Circle. Motion made by'R. S. Brinson and seconded by Stanley McCalla to approve plan if approved by building in- spector. Voted unanimous. Motion made by R. S. Brinson and seconded by H. L. McEntyre to refund $33.00 to Charles Dobbs, amount paid above cost'for sewer tap on Spring Street. Voted unanimous. Five of the Volunteer Firemen with D. A. Hamby, Jr., acting as spokes- man came before the Council concerning Insurance for Volunteer Fire Dept., members. Mr. Hamby stated insurance was not adequate in case of accident or loss of life. He also stated the firemen thought the City should furnish City water free of charge to each of the 12 active Fire Department members. This was referred to the Fire and Police Committee, H. L. McEntyre, chairman, to be investigated and reported on at next Council meeting. A plan whereby Fitzhugh Lee community and Smyrna might work out for fire protection was suggested and to be investigated by the committee for consideration by the Council. Minutes of the previous regular meeting read. 'Motion made by R. S. Brin- son and seconded by Stanley McCalla to change wording of motion from "No parking on right hand side of Spring Street from R. R. crossing to Atlanta Street to " No parking on left hand side of Spring Street from R. R. Cross- ing to Aflanta.Street. Minutes approved as corrected. Mr. Willingham stated that wholesale Beer dealers were asking for a 51 de- duction on Beer Tax collected by them. Motion made by Stanley McCalla'and seconded by R. S. Brinson to sell half books of 36¢ and W stamps to any wholesale beer dealers desiring the half books. Voted unanimous. Discussion of signing 10 year contract for use of present dumping ground located on Cooper Lake Road, six miles from Smyrna, which has recently been purchased by W. B. and Frances Kate Bowles. The seventeen acres to be fensed in, City to furnish wire and Mr. Bowles to furnish post. App. 9001 of wire at a cost of app. $67.50. Cost �5.00 for 10 year contract. Contract to be recorded Motion made by R. S. Frinson and seconded by P. P. Shaw to accept contract. Voted unanimous. Contract attached to these minutes. Motion made by R. S. Brinson and seconded by H. L. McEntyre to purchase 1000f wire at app. cost 44�67.50 and all excess wire to be used at disposal plant. Voted unanimous. Motion made by P. P. Shaw and seconded by Stanley McCalla that the Mayor be authorized to execute the deeds to a quit claim deed to property on Hill Street provided quit claim deed retain a recital to the effect that City of Smyrna convey all interest they may have by virture of placing paving of Hill and Fleming Streets and the second party herein pay City for cost of same. Voted unanimous. Mr. Brinson read letter approved by Plumbing Inspector in regard to plumbers doing work prior to getting permits. Motion made by Stanley McCalla and seconded by H. L. McEntyre to adopt letter and send a copy to all plumber contractors doing business in the City of Smyrna. Voted unanimous. Letter read from Rapid Transfer & Construction Co., to Mr. George Bailey quoting bid on proposed additions to the sevierage system on Gilbert St: Bid filed for reference. G, f b e -t An oral bid was quoted from Mr. Lovern as $2300 for &acre ,job. Bills read by the Mayor. Motion made by R. S. Brinson and seconded by Stanley McCalla to pay bills. u Question as to business license of Gas Co., being reduced. Motion made by H. L. McEntyre and seconded by Stanley McCalla that license shall re- main 8300.00 and to consider refunding 50.00 at the end of the year (150) if better has been offered. f Meeting adjourned. -�'i f, ORDINANCE FIXING LICENSE FEES, EXCISE, TAXES, AND PERMIT FEES UPON WHOLESALE AND RETAIL DEALERS ENGAGED, OR TO BE ENGAGED, IN THE BUSINESS OF SELLING MALT BEVERAGES, AS. DEFINED BY THE LAWS OF GEORGIA IN THE -CORPORATE LIMITS OF TIE 'CITY OF SMYhNA, COBB COUNTY, GEOR GIA. BE IT ORDAINED- by the -Mayor and Council of the City of Smyiined by authority of same, as follows: Section 1. That°the Ordinance adopted at the regular monthly meeting of the Mayor and Council of the City of Smyrna held on January 31 1949, entitled an "Ordinance fiking the license fees upon retail dealers engaged in the business of selling malt beverages, wine, and spirituous liquors, as defined under the laws of Georgia, within the corporate limits of the City of Smyrna, Cobb County, Georgia's, be and the same is hereby repealed, annulled, set aside and revoked in its en- tirety. Section 2. That there is hereby imposed=upon all wholesale and retail dealers engaged in the business of selling malt beverages, as defined by the laws of Georgia, at either wholesale or retail in the corporate limits of the City of Smyrna; a license fee, charge, tax and permit fee to be com-14 puted and paid in such amounts and under such terms and conditions as hereinafter particularly set forth. a Section 3. That the license fee, charge, excise tax and permit fee imposed by this Ordinance shall be computed on the. following basis: al. (a) $17.50 per annum on wholesale dealers selling or delivering malt beverages to authorized retail dealers in malt beverages in the corporate limits R of the City of Smyrna. (b) $50.00 per annum on retail dealers in malt beverages in the corporate limits of the City of Smyrna at each place of business wherein sales are made. Said terms being as defined by the laws of Georgia, and said amounts. being payable annually in advance, provided however, that the Mayor and Council shall have the authority in their discretion to pro rate said amounts on a monthly basis so as to adjust odd expiration dates, short or interim periods, etc. plus 2. (a) .36/ per case of 12 containers of 12 fluid t ounces each. (b) ,72 per case of 24 containers of'12 fluid ounces each. (c) .72/ per case of 36-containers of 7 fluid,. ounces each.. � (d) .84¢ per case of 12 containers of 32 fluid ounces each, (a) t1.44 per case of 48 containers of 12 ,fluid ounces each. (f) $1.80 per barrel„ keg, drum or other container of 7..75 gallon capacity. (g) $3.60 per barrel, keg, drum or other container of 15.5 gallon capacity,. Section 4. That on or before the first day of February in each year, all wholesale and retail dealers in malt beverages in the corporate limits of the City of Smyrna, shall make appli- cation to the Mayor and Council of the City of Smyrna for a license and permit to engage in their respective businesses in the said corporate limits -of the -City of Smyrha, said application to be in such form and to contain such information as shall'be from time to time prescribed by the said Mayor and Council and shall be accompanied by remittance in the amount stated in Part 1 of Section 3 above, If such application is approved by the said Mayor and Council, they shall forthwith issue a license or permit to the applicant to engage in said business for the ensuing year, subject to all the terms and conditions of the within Ordinance, L• and further subject to the right and privilege of the Mayor and Council to suspend or revoke such license or permit with or without cause and with or without notice at any time. When such license or permit is suspended or revoked, as herein provided, the holder of same shall no longer be licensed or have the legal, right to engage as a retail or wholesale, as the case may be, dealer in malt Veverages in the corporate limits of the City of Smyrna, and any subsequent sale of such malt beverages by such former holder of such license or permit shall be illegal. 0 0 Page No. 2 Section 5; That wholesale dealers shall be licensed under this Ordinance before they can sell or deliver any malt beverages to any establishment in the corporate limits of the City of Smyrna, and if properly licensed, such sales or deliveries shall only be made to retailers properly licensed under this Ordinance for the operation of establishments in the corporate limits �of-the City of Smyrna. Deliveries shall be 'made in a=conveyance owned and operated by a wholesaler 11censed under this Ordinance, and such license or permit shall, at all times when deliveries are made in the corporate limits of the City of Smyrna be in the conveyance .making such deliveries, and shall be subjectst all such times to inspection by any and all duly authorized? authorities of the City of Smyrna. Section 6. That retail dealers in malt beverages licensed under this Ordinance, shall not buy nor accept deliveries of malt beverages from wholesalers aor other persons offering same for sale except from wholesalers duly licensed under this Ordinance., Such retail dealers shall- not accept deliveries of malt beverages except directly to the premises for which their license and permit was issued, and by no other means than in a conveyance owned and operated by a wholesaler licensed under this Ordinance to make deliveries of malt beverages in the corporate limits of the -City of Smyrna. Provided, however, that on written request to the Mayor or Mayor Pro Tem and upon the granting of permission by said Mayor or Mayor Pro Tem, as the case may be, in writing, deliveries may in special instances be made otherwise upon terms and conditions as prescribed by the Mayor or Mayor Pro Tem, as the case may be, as to each such delivery.. Section 7. That no wholesaler licensed hereunder shall make a delivery to any retailer licensed hereunder of.any malt beverages in any quantity unless tax stamps in the denominations as in detail set forth in Part 2 of Section 3 of`the within Ordinance are affixed to each case, carton, barrel or drum before delivery, and no retailer licensed hereunder shall accept delivery of any malt beverages of any such wholesaler unless such stamps are properly affixed -to such cases, cartons, barrels or drums before delivery is tendered., Page No. 3 Section 8. That stamps in the denominations of .36¢, .72X and .84X each in books of 200,100 and 100 respectively, and selling for $72.00, ,,172.00, and $84.00 per book respectively, shall be available for purchase at all times from the Clerk of the City of Smyrna at the City Hall in Smyrna, Georgia. It shall be the duty of all wholesalers licensed under this ' Ordinance to purchase such stamps for cash from said .Clerk of the City of Smyrna, and to affix same to all cases, ,,cartons,, • .s barrels or drums of malt beverages before delivery to -retailers r licensed hereunder. Such stamps shall be affixed over the { Y crack or crevice of the carton or case, so that when said carton or case is opened, such stamps will be torn, and such stamps shall be affixed over said crack or crevice in said case or carton on the top and side thereof, so that said stamps shall be visible both from the top and from the side of the ,carton or case., Said stamps shall be torn or otherwise mutilated when and at the time that each said case or carton is opened by a retailer licensed hereunder. Section 9. That all licensed retailers shall store all malt beverages in their possession on the premises for which the license was issued, and at no other`place or places except upon written permission from the,Mayor or,Mayor Pro Tem, as the case may be, upon written application therefor. All such malt beverage stock shall be available at all times for inspection by authorized City officials, and such stock shall be stacked and stored in the manner most susceptible and accessible for checking the stamps affixed by the licensed wholesalers, pursuant to the terms of the within Ordinance, to the said cartons, cases, barrels or drums. No licensed retailer shall at any time =have more than one carton or case of each brand or type of malt beverages in which he deals broken open in his stock, exclusive of the stock �that he has removed from the case or carton and placed in his cooler or freezing unit. Any brand or type of malt beverages found in any retailerts stock, that is handled by a wholesaler who is not licensed to make sales and deliveries in the corporate limits of the City of Smyrna under the terms of the within Ordinance, shall be subject to immediate confiscation. Page No. 4 Section 10. That upon each and every delivery by a licensed wholesaler to a licensed retailer, an invoice in triplicate shall be prepared, showing the quantities and brands of malt beverages delivered together with the price thereof and the tax collected thereon, and the original copy of said invoice shall be.delivered by the licensed wholesaler to the iicensed retailer simultaneously with each such delivery. The fi licensed:,wholesaler shall retain the second copy of said invoice and shall keep same for a period of twelve months, and shall N have same available for inspection at any -and all times by autho- rized representatives of the City of Smyrna. The licensed wholesaler shall attach the third copy of said invoice to a weekly report to be made to the City Clerk, as in detail pro- vided for in Section 11 below;" Section 11. That every wholesaler licensed hereunder shall make a weekly report to Clerk of the City of Smyrna on forms prescribed and furnished by the said Clerk, showing, as to each delivery made during the week, among other things: (a) Date of` same.. (b) Name of retailer to whom made. (c) Method. (d) Amount, number and size of containers. (e) Tax collected. Such report, together with a copy of each invoice delivered during the week attached, as provided for in Section 10 above, n shall be shall be mailed to the Clerk of the City of Smyrna not later than Tuesday night next succeeding the week for which it is made. Section 12. That every retailer licensed hereunder shall make a weekly report to the Clerk of the City of Smyrna on forms prescribed by the said Clerk showing as to each delivery v received during the week, among other things: (a) Date. (b) Name of wholesaler from whom purchased. (c) Amount, number and size of containers. (d) Tax paid. Page No. 5 n Such report shall be mailed to the City Clerk not later than - Tuesday night next succeeding the week for which it is made. Section 13. That the violation of any term, condition, or provision of the within Ordinance, in any particular, or as ` to any detail whatsoever, shall be due and conclusive cause for the immediate revocation or suspension of any license or permit issued hereunder. ` Section 14; That the within Ordinahceshall become Y effective immediately upon its adoption and shall remain effective until it is altered, modified, amended, revoked or repealed by the Mayor and Council of the City of Smyrna. Section 15. That any and all previous Ordinances of the Mayor and ,Council of the City of Smyrna in conflict herewith, are hereby repealed, modified or amended to the extent of any z such conflict. - c r J' r, a Page No. 6 217 v%r�lli . A special meeting of the Mayor and Council was held at the City Hall March 27, 1950, 7:30 P. M. The following Councilmen were present; P. P. Shaw, H. L. McEntyre, R. S. Brinson, C. W. Jones, and Stanley McCalla. Mayor Gibson presided oyer the meeting. Harold Willingham, City Attorney and Lex Jolley present also. Purpose of the meeting to discuss the possibility of expansion of the Water and Sewerage System. Z 1= The Mayor stated the need for expansion'Is,great, and within the next few weeks there could be installed at least 78 meters if the funds were available. Mr. Willingham stated the County is willing to work with the City of Smyrna in the water system of extending lines. Also stated these four propositions to be decided upon= 1. 10" line owned jointly --County willing to give new contract. 2. County or City to furnish Concord Road. .3. Price per thousand gallons, water to be sold. 4. County or City to furnish water for Spring St( 2 or 3 sub-div. develop) Motion made by R. S. Brinson and seconded by C. V'1. Jones to give Lex Jolly and Mr. Brooks authority to see if old bonds can be swapped in on �350,000. Revenue Certificates for expansion of water and sewerage systems. Voting for R. S. Brinson, C. W. Tones and H. L. McEntyre. Voting against P. P1 Shaw and Stanley McCalla. Motion made by R. S. Brinson and seconded by C. �i. Jones for County to let contract out Concord Road connecting to City main and have option to buy line at construction cost before end of the year, option to expire December 31, 1950), or before County sells any water, or until such time as City buys lines and City agrees to sell County water at .20¢ per M gallons. If City of Atlanta water rates go up, these rates to go up in proportion. Voted unanimous. ao1-cfr� (Clerk)