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05-02-1949 Regular Meeting184 The regular meeting of the D;Iayor and Council was held at the City Hall on May 2, 1949, 7:30 PTt. The following Councilmen were present, P. P. Shaw, H. L. McEntyre, R. B. Logan and I1. L. Collins. Mayor J. Y. Gibson presiding. Harold Willingham, City Attorney Present. Also Mr. Kilpatrick, form McDougall 8, Warren Construction Co., Atlanta. Minutes of April regular netting read and approved. Minutes of Sp. Call Meeting of April 22, read and approved. Bids for contracting paving of streets considered. Mr. Kilpatrick submitted his bid from McDougall Warren Co. Mr. ',lillingham gave estimate from Ledbetter & Johnson. TTotion made by P. P. Shaw and seconded by M. L. Collins that the bid submitted by Ledbetter & Johnson of 97¢ per sq. yd. of the type of paving specified in the ordinance providing for paving of Lower Church,, Love St. Extension, Whitfield and Morris Circle adopted at a special meeting of Council April 22;,1949 be accepted and that the Mayor be authorized and empowered in the name of and for and on be- half of the City of Smyrna execute a contract with Ledbetter & John- son Company for said paving to be drafted by City Attorney, same to be similiar to the last contract executed with said contractors Aug. 27, 1948, and that the clerl.: of Yayor and Council be authorized to attest.such contract for and on behalf_ of the City. Voted unanimous. .Motion made by R. B. Logan and seconded by H. L. McEntyre that any property owner owning an uncapred or unprotected well shall be given thirty days to cap well, thereafter any person upon conviction shall be subject to a $50.00 fine. Voted Unanimous,. Mr. Stewart submitted petition lrith three names and 14r. Scoggins submitted petition with five names of property owners on Concord and South Cobb Drive wanting to.come into City limits. Mr. Gibson. gives impressive talk to property owners in this area attending the meeting, on the advantages of coming into the City limits. Willingham states the ?r25,000 Pond Issue only way to fi- nance the running of water without any additional taxes. stater main to be six inch so as to give fire protection. Mr. Willingham suggest Brock, Tindal & Johnson Lane Space4Co,,+as the Bonding Company. Stating they worked with S�'rna in the last Pond Issue very_ satisfactorily, giving 3;) Int. rate, par valae 100� on the dollar with right to redeem bonds. In event not voted by the people there is no obligation on the City. Motion made by R. B. Logan and seconded by H. L. McEntyre to accept the contract with Brook Tindal & Johnson Lance Space*Co for the �25,000.00 Bond Issue. Voted unanimous. Motion made by P. P. Shaw and seconded by LT. L. Collins to pass the adoption of the ordinance, attached to these minutes. Voted unanimous. Motion made by P. P. Shave and seconded by R. B. Logan to have City Attorney, Harold Willingham to draw up ordinance regarding making tax returns and penality for not doing so. Voted unanimous. Motion made by M. L. Collins and seconded by H. L. McEntyre to e-' lect the same three Tax Assessors as last year, Ernest Jones, J. C. Johnson and R. C. Byrd, Sr., and at a fee of �I60.00 each as set up in the 1949 Budget. Voted unanimous. ' Motion made by P. P. Shaw and seconded by M. L'. Collins to elect Merritt & Welker as City Engineer for street paving of Lower Church, Love St., Extension, Whitfield and lJorris Circle. Voting for M. L. Collins, H. L. McEntyre, and P. P. Shaw. Voting against R. B. Logan Mr. Willingham submits statement for 4.75 for copies of annexation of territory as per Act passed by General Assembly, 1946, for offive files. Motion made by P. P. Shaw and seconded by seconded by Pi. L. Collins to pay this bill. Voted unanimous. Bills submitted by Mayor amounting to $796.15. Motion made by M. L. Collins and seconded by P. P. Shaw to pay all current bills. Voted unanimous. Motion made by P. P. Shaw m d seconded by 11. L. McEntyre to accept $25.00 from B. F. Reed, Jr., and City furnish labor to repair gutter on Bank St., at Martins place. Voted unanimous. P,Jr. Logan rteportS, air. Claude Hamrick has agreeded to help with the 'ooks -fob a fee of 4�f�6i,10b per month. s z AN ORDINANCE TO REGULATE AND PROVIDE FOR THE ISSUANCE OF $25,000.00 WATER WORKS BONDS; TO PROVIDE FOR THE - DATE, RATE OF INTEREST AND BdATURITIES SAID BONDS ARE TO BEAR; TO PROVIDE FOR THE REDEMPTION OF SAID BONDS ON CERTAIN TERMS AND CONDITIONS; TO PROVIDE' FOR THE SUBMISSION TO THE QUALIFIED" VOTERS OF THE CITY OF SMYRNA THE QUESTION OF WHETHER OR NOT SAID BONDS SHALL BE AUTHORIZED AT AN ELECTION AND TO CALL SAID ELECTION, AND FOR OTHER PURPOSES: r REAS, under authority of the Charter of the City of Smyrna, said City is authorized to provide water services and facilities to its citizens; and WHEREAS, the City has experienced a steady increase in population and it is.imperative that the existing water system and facilities �be extended and -improved for the well-being of its citizens and for the better protection of the health, welfare and property of its residents; and WHEREAS, an investigation by the Mayor and Council of said City has disclosed that a sum of not less than Twenty -Five Thousand ($25,000.00) Dollars will be required for this purpose; O. WHEREAS, it appears that -the only feasible plan to finance this improvement is by the issuance and sale of bonds for such purpose, and such bonds, if authorized at election and vali- dated as provided by laws havebeen.sold t,o Brooke, Tindall & Company and Johnson, Lane, Space & Co., Inc., Atlanta, Georgia; and WHEREAS, it is necessary to submit to the qualified voters of the City of Smyrna the.,question of whether or not bonds shall be issued for the aforesaid purpose: NOW, THEREFORE,' BE IT ORDAINED by the' Mayor and Council of the City of Smyrna, Georgia, and it is hereby ordained by authority of same, that under and by virtue of the Constittition and laws of the State of Georgia, an election is hereby called to be held in said City on the 4th day of June , 1949, at 0 ./ A 0 which said election there. shall be submitted to the qualified voters of said City the question of whether or not $25,000.00 Water Works Bonds shall be issued by the City of Smyrna for the purpose of extending, adding to and improving the water works system of the City and acquiring the necessary property therefor and paying the E necessary expenses incident thereto, said bonds.to be in denomina- tions of $1,000.00 each, numbered 1 to 25, inclusive, all dated July 1, 1949, bearing interest at the rate of three (3%) per centum per annum, payable semi-annually on,the lst.•days of January and July in each Year, and the principal of said bonds shall mature 'and be paid on the 1st day 6f January, t _$1,000:00}in the year 1950,, $21000.00 in each of the years 1951 to 1962, inclusive. Said bonds -may, at the option of the City, be redeemed prior to their maturity either in whole or in part on the first day of January, not earlier than January 1,� Prom any'"monies which may'lawfully be made available for such purpose. At least thirty (30) days before any date upon which any 'such redemption is to be made, a notice of intention so to redeem, signed by the'"Mayor of the City of`Smyrna and attested by the Clerk, degignating'the re- demption date and the bonds to be redeemed, shall be published at least once in•a.newspaper of general circulation published in`"the. City of Atlanta, Georgia, and shall be filed at the place at'which the principal and interest of the bonds shall be payable and shall be mailed, postage prepaid, to all registered owners of bonds to be redeemed whose addresses shall appear upon the°books of regis- tration kept by the Clerk; but}failure so to mail any such notice shall not affect the validity of the proceedings for such redemp- tion. The redemption of bonds shall be made by payment of the principal amount of the bonds to be redeemed and accrued interest to date of redemption, together with a premium of five (5�) per centum of such principal amount if redeemed in the years 1953 U 1954, four (4%) per centum if redeemed in the years"1955 or 1956, three (3%) per centun] if redeemed in the years 1957 or 1958, two (2,%) per centum if redeemed in the years 1959 or 1960, and one (1%) per centum if redeemed thereafter before maturity: If the bonds are redeemed in part, such redemption as to said bonds shall be in the inverse order -of the numbers of the bonds and maturities, beginning with Bond No. 25 and working backwards. Those voting in favor of the issuance of said Water Works Bonds shall have written or printed on the ballot substantially the,. following words: "FOR ISSUE OF $25,000..00 WATER WORKS BONDS", and r those voting against the issuance of said bonds shall have written or printed on the,ballot substantially the following words: "AGAINST ISSUE OF $25,000.00 WATER WORKS BONDS". G Said election shall be held on the 4th day of June 1949, at the regular places,ftor holding the election for the Mayor and: Councilmen in -said City, p'and .,shall be held by the same persons and in the same manner and under the same rules and.yregulations tha' elections for the Mayor and Councilmen for said City are held, and, as are now required for elections for Mayor and Councilmen, and the returns of said election shall be made to the Mayor,and Council` calling such election who shall in the presence of, and together with, the several managers who shall bring up the returns, consoli- date said returns and declare the xesults of said`electiori. BE IT FURTHER ORDAINED by the Mayor and Cotincil of the City of Smyrna, Y and `it is hereby ordained by authority of same, that the notice of said election shall be in substantially the following form, to -wit:- T Y J NOTICE OF BOND ELECTION TO THE QUALIFIED VOTERS OF THE, CITY OF SMYRNA, GEORGIA: NOTICE is hereby given that on the _4th _ day of Jug,_, 1949, an election will be held in the City of Smyrna, Georgia, at which time there will be submitted,to-the qualified voters of said City for their determination the question of whether bonds shall'be issued by said City in the aggregate., amount of $257000.00 for the purpose of extending, adding to and improving the water works sys- tem of -the City and acquiring the necessary property therefor, and paying expenses,incident thereto said bonds to be dated July 1 1949, to be in denominations of 41,000.00 each, numbered 1 to 2�, inclusive, to bear interest at the rate of ,three UP per centum per annum, payable semi-annually on the 1st days of January and July in each year, and the principal of said bonds shall mature and be,paid on the lst day of January, $17000.00 in the year 1950, $2,000.00 in each of the years 1951 to 1962, inclusive; so that the entire is'sue,,principal and interest, will be paid off within twelve and one-half (12-1/2) years from the date of said issue. Said bonds shall, at the option -of the City, be redeema- ble from any monies lawfully made available for such purpose as a Whole or in part in inverse numerical order upon thirty days' notice on January 17 i953, or on any January 1st thereafter at 'par plus accrued interest and the following premiums: 5% of such principal amount if redeemed in 1953 or 1954,, .4% of such principal.amount if redeemed in 1955 or 19567 3% of such principal amount if redeemed in 1957 or 19587 2% of such principal amount if redeemed in 1959 or 1960, 11% If redeemed thereafter before maturity. The principal and interest on all bonds to be payable in lawful money of the United States of .America_ at,some bank in Atlanta, Georgia, to be later designated. The voting polls will be open at 1:00, , o'clock, A.`M., and close at 7:00 _ o'clock`P.M., on, the 4th day of June , 1949, and the places of voting will be at the regular places for holding the election for the -Mayor and Council in said City. Thos( qualified to.vbte-at said election shall be determined in all respects in accordance with the laws governing the election for the Mayor and Council of the -City of Smyrna, Georgia. The qualified voters at the time of the election desir= ing to vote in,,favor of the issuance of $25,,000.00 Water Works Bonds,° will,,`do so {by casting their ballot -having printed or. writtei thereon the following words: "FOR ISSUE OF $25,000:OO.WATER WORKS BONDS". , The�qua-lified voters at the time of.the election desir- ing.to vote against the issuance of $257000.00 Water Works Bonds, will do so by casting their ballot having printed or written f thereon the following words: "AGAINST ISSUE OF $257000.00 WATER WORKS BONDS". Attest: �`� - mayor - Clerk ,. e: I 11 • BE IT_ FURTHER ORDAINED by the authority aforesaid that the notice of bond election be advertised for a space of thirty (30) days previous to the date of the election in the Cobb County Times the newspaper, in which sheriff's advertisement for Cobb County -appear. BE IT FURTHER ORDAINED by the authority aforesaid that if.said issue of bonds is authorizedi then by proper ordinance th Mayor and Council of the City of Smyrna will levy a direct annual .tax sufficient in amount on all the taxable -property within the corporate limits of said City to- pay- the principal of and interes, on said bonds at their respective maturities. BE IT FURTHER ORDAINED that''all ordinances, or parts of ordinances, in conflict with this ordinance this day passed, be and are hereby repealed. L 1 C CLERKtS CERTIFICATE i GEORGIA, COBB COUNTY. I, Martha Theodocion , Clerk of. the. City of Smyrna, Georgia, do hereby CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of ordinance passed by the Mayor and Council of the City of Smyrna, in connection with the issuance of $25,000.00 dater Works Bonds, on the 2nd day of May , 1949, the original of which is now in the Clerk t s office of the -City of Smyrna. - r, This the 3rd day of May , 1949. r Clerk, City of Smyrna, Georgia (S, ESA Atlanta, Georgia The Mayor and Council, Smyrna, Georgia. Gentlemen: For your issue of $25,000. CITY OF SMYRNA, GEORGIA 3% WATER WORKS BONDS, to be dated July 1, 1949, both principal and semi-annual (January and July lst) interest payable at some bank in Atlanta, Georgia, due $1,000. January 1, 1950, 2,000. January 1, 1951/62, both inclusive, callable as a whole, or in part, in inverse numerical order, on January 1, 1953, or on any January 1st thereafter upon thirty (30) days' notice at the following prices plus accrued interest: At 105 if redeemed in the years 1953 and 1954, At 104 if redeemed in the years 1955 and 1956, At 103 if redeemed in the years 1957 and 1958, At 102 if redeemed in the years 1959 and 1960, At 101 if redeemed in the year 1961 or thereafter, the Bonds to be delivered to us against payment in the City of Atlanta, we will pay the par value thereof plus accrued interest from date of Bonds to the date payment is made by us. We agree, in addition to the above sum, to furnish the blank Bonds free and have them prepared under the supervision of our attorney. This proposal is subject to the le- gality of the Bonds being unconditionally approved by our attorney, whose opinion shall be final and conclusive in the matter. We are to pay the expense of obtaining our at- torney's opinion. Our attorney is to cooperate with your attorney in the legal details in connection with bringing out the Bonds and your attorney is to furnish our attorney promptly, without expense to us, lawfully certified copies of all legal proceedings, including the election, validation and judgment and such other proofs suggested or re- quired by our attorney relative to the issuance of said Bonds. It is recognized and agreed by the Mayor and Council of the City of Smyrna and by the undersigned that this contract is entered into prior to the election authorizing the issue and in the event that the Bond issue is not legally v9Jed, and/or area proposed to be taken into the sty is not annexed and doe- -no the iy o Yrn�a, there wild be no obligation upon the Mayor and Council of the City of Smyrna to deliver said Bonds. In the event that the Bonds are legally voted, this contract is to constitute a sale of the Bonds to the undersigned, and shall constitute a pur- chase of the Bonds by the undersigned, subject to the condition that delivery of the Bonds be made to the purchaser not later than August 1, 1949, except that in case de- livery is not made by such date the purchaser shall have an option to accept said Bonds when ready for delivery at any time not later than February 1, 1950. This proposal is for immediate acceptance. The within proposal accepted by the City of Smyrna upon condition that the purchaser herein will hold for 90 days.from delivery, $5000,00 of subject bonds with latest maturities and grant the City option to repurchase all or any portion of same at selling price within said 90 day period. The above bid/is hereby accepted this subject to the above mod r Attest Clerk c Respectfully submitted, BROOKE, TINDALL & COMPANY JOHNSON, LANE, SPACE & COMPANY, INC. �i BY & .d/ day of Ma , 949. cation SMYRNA, GEORGIA By , Mayor AN ORDINANCE PROVIDING FOR THE -RETURN IN•EACH YEAR OF ALL TAXABLE PROPERTY aINED OR HELD WITHIN THE CORPORATE LIMITS OF THE CITY OF SMYRNA, AND TO,PROVIDE PENALTIES FOR REFUSAL OR NEGLECT TO RETURN SA15; WHEREAS, Section 50 of the hew charter. of the City of Smyrna,(Georgia Laws, 1931, pages 955-988) grants and gives unto the Mayor and Council of the City of Smyrna, power and authority for the assessment,,levying and collection of an ad valorem tax upon all the real and personal property held in said city and subject to taxation therein, for the maintenance of the,government of said town; and , WHEREAS; the Mayor and Council of the City of Smyrna have exercised this power and have assessed, levied and collected an ad valorem tax on the taxable property of said town for the maintenance and support of the governm&nt of said town over a period of many years; and WHEREAS., it being made_ to appear to the Mayor and Council of the -City ` of Smyrna that many persons residing in said city or owning property in said . city, are escaping the payment of tax on same by either wilfully or negligently } failing to return same for taxation, and failing to pay the tax duly levied on �- sai'd property; and - WHEREAS, said Section 50 of the charter of "said city grantsunto the Mayor and Council of said city the power and -authority to provide by ordinance for the return of 'all taxable property in said town and, to provide penalties for the refusal. or neglect to do the same; NOW,= THEREFORE, be it ordained by the Mayor and Council of the City of Smyrna and it is hereby ordained by authority of the same, as follows: M 1. That pursuant to•the.authority aforesaid, all citizens and residents of the City of Smyrna.and all other persons owning real or personal property subject to taxation therein are hereby required to file on or before June 1, 1949, a true and correct,duly verified return of all property,.real or personal, held by them on January 1, 1949, and subjectito taxation by said city for the year 1949, on forms provided by the city for such purpose. Upon failure to do so on or before said due date, a penalty of five per cent of the tax on all unreported property is hereby levied and assessed for the, calendar year 1949. n 11 Y. + x ( 2 That'pursuant!.to the authority aforesaid, all citizens and residents of the„City of Smyrna and,all other persons owning real or personal property subject to .taxation therein on January.l, in each.succeeding year, are hereby - required to file on or before April 1, in each succeeding year, a true and correct, duly verified return of all property, real or personal, held by them on January 1, in each succeeding year, and.subject to taxation by said'city for each,succeeding year, on forms provided by the city.for such purpose:'. Upon failure to do so on or before said due date, a penalty of ten per cent of the tax on all unreported property is hereby levied and assessed for each succeed- . ing year. ' t _ } } i i ro ai r y ..cr ' Y e P�' u L 'a 4 P+ t r117 . %%2 c7 C Jerk A special call meeting of the Mayor and Council was held at the City Hall May 31, 1949, at 6:30 P.TT. The following Councilmen r were present: P. P. Sha*, H. L. McIntyre, R. B. Logan and R. S. Brinson. Mayor J. 11. Gibson, presiding. Motion made by Logan and. seconded by McIntyre to set salary for election managers on June 4th election as ti;5.00. Voted unanimous. Motion made by P. P. Shaw seconded by P7cIr_tyre to appoint the following managers: Roy Manning, Bill Stewart. Voted -unanimous. Meeting adjourned Minutes by R. S. Brinson Cork M 1