08-03-1948 Special Meeting140
August 2s 1948,
A regular meeting of the Mayor and Council was held at the City
Hall at 7;30, Monday August 2, 1948,
Mayor Lorena P. Pruitt opened the meeting with the following
Councilmen present, P. P. Shaw, M. L. Collins, H. D. Durham and
H. L. McEntyre.
Building Permits were approved for C. L. Fuss on Atlanta Street.
Melvin Holleman, Hugh Orr and G. R. Parker. By motion of H, D.
Durham and second by M. L. Collins. Passed Unanimous.
durrent Bills were read by the Clerk and Motion was made by
H. D. Durham, Seconded by P. P. Shaw that they be paid.
Voted Unanimous.
Miss Alice Lemons ( Mrs. Shedd) was given permission to use
the front porch of her home on Atlanta Street for a place
to sell fruit provided The sales place was put in and kept
in a sanitary condition meeting the approval of ]mayor and
Council at all times, Councilman P. P. Shaw was ask to look
after this permit and was given permission by the Mayor and
other Councilmen to approve or disapprove the permit.
In answer to a letter from Mr. F. C. Dabney, asking for a
reduction in the cost of water meeters and sewer taps in
Walker Court Sub -Division because of additional work Mr.
Dabney used to help the City in installing water and sewer
mains in said sub -division the fact was brought out that
City Empllyees, city Engineers and the Cities discount on
purchases of materials were extended to Mr. Dabney and Motion
was made by P. P. Shaw and seconded by M. L. Collins and voted
unanimously that Mr. Dabney be given,,for his help in the'
Cityls project. Two sewer Taps and TwoWabor meters free and
it is so ordered.
Mr. Daniel applied for a beer license to operate on the corner
of Atlanta Streets and Spring Streets, at the corner b7'the
red light at the main bus stop in Smyrna, and was refused
said permit unanimously.
Motion was -made by P. P. Shaw and seconded by M. L. Collins
that the meeting adjourn.
August 3, 1948.
A Special meeting of the Mayor and Council was held at the
City Hall at 6;30 P. M. , August 3, 1948 with all Councilmen
present.
Motion was made by H. D. Durham, Seconded by P. P. Shaw that
the firm of Ledbettor and Johnson, having completed their work
satisfactorily on Love Street , Lee Street, King Street,
Dunn Street, West Spring Street and Brown Circle and that they
be released from any further obligations on their contract
on the a bove mentioned Six streets. Motion carried unanimous.
H. D. Durham Nlakes motion, seconded by H. L. McEntyre that the
Methodist Church be given a free permit to build an additional
building on the Methodist Church property, Voted unanimous.
Ni of i on marl a ov P. P. Shaw. seconded by M. L Collins that the
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ORDINANCE PROVIDING FOR THE SALE OF NOTES AND EXECUTIONS
ARISING FROM THE PAVING OF LOVE, DUNN, LEE, WEST SPRING,
'BROWN CIRCLE AND KING STREETS TO THE FIRST NATIONAL BANK
OF MARIETTA, GEORGIA D
WHEREAS, on July 15, 1947, the Mayor and.Council of the,
City of Smyrna did adopt ordinances for the paving of Love, Dunn,
and Lee Streets in the City of Smyrna and' did;- on- October 6, 1947,
adopt ordinances providing for the pavement of'West Spr.ing, -Brown
Circle and King Streets in the City of Smyrna; and
WHEREAS, said above described ordinancestwere•adopted
pursuant to provisions of the new charter of the City of Smyrna
(formerly Town of Smyrna), approved August 27, 1931,(Georgia Laws,
1931, pages 955-988), especially Sections"64, 65 and 66 of said
charter, and after due advertising of the pendency of said ordi-
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nances''and after the requisite hearing thereon as required by said
charter; and
WHEREAS, after the completion of said above described
improvements to said six streets, the Mayor and Council of the
City of Smyrna did,on June 1, 1948, adopt assessment ordinances
pursuant to Section 66 of 'said charter assessing`the,cost of said..
improvements pro rats against the respective property owner's of
said six streets and did notify the said property owners of the
amounts of their respective assessmentsin the manner provided by
Section 67 of said charter of said city; and
WHEREAS, in response to,said notices the owners of
property abutting on said streets, with the.exeeption of some four
or five, did pay to the Clerk of the City of Smyrna either the full
amounts of their assessments in cash, or did pay in cash twenty
A(20%) per cent of the amount of said assessments and did execute
'four installment notes in the.amount of.twenty (20%) per cent each
maturing in one, two, three and four years from date, respectively,
bearing interest at the rate of seven per cent per annum, as is
provided In Section 67 of said charter;,.the total amount of said
installment notes being the sum of.$5,647.04; and
WHEREAS, executions•have been issued against the
property owners failing to respond to said assessment ordinances
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and notices` given pursuant thereto, said executions bearing test
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in the name of the Mayor of said City and specifying the improve-
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went for which it was issued against the owner.; and
WHEREAS, the City of Smyrna needs to immediately reduce -
said notes and executions to dash'so that there will be funds
available to pay the contractor, Ledbetter -Johnson Company, for
the. -cost of 'sa"id improvements as is provided by contract between
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the said Ledbetter -Johnson Company and the City of Smyrna; and '
WHEREAS, the -First . National .Bank of Marietta, Georgia
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has agreed torpurchase in cash at their face value all of said
above described notes and executions upon terms,and conditions
agreeable, to -the Mayor and Council of the City of Smyrna;
NOW,- THEREFORE, be it ordained by the Mayor and Council
of the City of Smyrna and it,is hereby ordained by the authority
of same:
That the Mayor and Council of..the City of Smyrna do
sell, transfer and assign to the First National Bank of Marietta,
Georgia, all of the Cityts right, title and interest in and to
notes in the total face amount of $5,64.7.04, given and executed
by the owners of property on Love., -Dunn., Lee, West Spring, Brown
Circle and. King Streets in the City of Smyrna, as part payment for
the paving and improving of said streets asabovedescribed, and
also the executions issued against the owners of 'property abutting
on said six.streets for the cost of said improvem®nts iri the total
amount of $368.72' ,-upon 'receipt from the Bank of payment in"
cash of the total face amount of said notes,and executions, to -wit:
$6,015.76
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That as part°consideration unto.said Bank for the purchase
of said `notes and executions,- the Mayor and ~Council of the City of '.
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t Smyrna do further transfer, assign and.set over to said Bank all L
rights of enforcement of the City against the property and property
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+ owners, and'all**liens given by the charter of�'said City and as-
ser,ted under the appropriate above described paving ordinances
against the respective property and property owners.` f
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That, as further consideration unto said Bank for the
purchase of said notes and executions as above described,'the
City agrees to collect same according,to their respective tenors,
and to promptly remit the proceeds of such collections to the Bank,'
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less a commission of one -seventh of the.,interestcollected on any
and all said notes and executions, 1the Bank.having,,agreed for the
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City to retain said one -seventh of the interest collected as a
commission for the handling and collection of said notes and .exe-
cutions.
That, in the event. -any of said notes are not paid
according to their tenor, it is understood and agreed that the
Bank shall transfer and assign such past due or defaulted notes
unto the City of. Smyrna., In which event, the City shall issue
executions as provided in its charter, especially Section 68 there-
of, and shall upon the issuance of said'. xecutions in the face
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amount of such defaulted notes, transfer and assign by endorsement
'said newly ,issued executions unto the said=Bank.
That the Mayor of the City of Smyrna and the Clerk of
the Mayor and Council of said City are hereby"authorized and
directed to endorse, transfer, sell and assign said above described
notes and executions unto said Bank -upon the terms and conditions
as embodied in the within ordinance, and to affix their signatures
unto said notes and executions as evidence of such transfer by
and on behalf of,the City.
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ORDINANCE PROVIDING FOR THE SALE OF NOTES AND EXECUTIONS
ARISING FROM THE PAVING OF BANK; HILL, HUGHES AND SUNSET
STREETS TO THE FIRST NATIONAL BANK OF MARIETTA, GEORGIA
WHEREAS, on July 15, 1947, the Mayor and Council of the
City of'Smyrna_did adopt an ordinance for the paving of Sunset
Street in the City of Smyrna and did, on August 4, 1947, adopt
ordinances providing'for the pavement of Bank, Hill and Hughes
Streets in the City of Smyrna; and �.
WHEREAS, said above..described ordinance's �were Padopted
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pursuant to provisions of the new charter :of the City of'Smyrna,-
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(formerly Town of Smyrna), approved August 27, 1931 (Georgia Laws.,
1931, pages 955-988), especially Sections 64, 65 and 66 of said
charter, and after due advertising of the pendency of said ordi-
nances and after the requisite hearing thereon as required by said
charter; and '
WHEREAS,•after the completion of said above described
improvements to said four streets, the,Mayor and Council of the
City of Smyrna,did, on July.2, 1948,,adopt assessment ordinances
pursuant to Section 66-of-said l iarter assessing the -cost of said
improvements pro rata against the respective property owners of
said four streets and did notify the §aid property owners of the
amounts of their respective assessments in, the manner provided by
Section 67 of said charter of said city; and
WHEREAS, in response"to said notices the owners of
property abutting on said streets, with the exception of some four
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or .five, did pay to the ;Clerk of the City of Sinyrna either the full
amounts of their assessments in cash, or did pay in cash twenty
(20%) percent of the amount.of said assessments and did execute
four installment notes in the amount of twenty (20%) per cent each
maturing in one, two three and fo@rIyears from date, respectively',
'bearing interest at the rate of seven per. cent per annum,„as is
provided 'in Se-c"t`ion` 67- of said charter; the total amount of said
installment notes being the sum of $4,716.36; and
WHEREAS, executions -have been .issued against the
property owners failing to respond to.said' assessment ordinances
and notices given pursuant thereto,said executions bearing test
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in the name ,of the Mayor of said City and specifying the improve-
ment for which it was issued against the owner; and
WHEREAS, the City of Smyrna needs to immediately reduce
said notes and executions to cash so that there will be funds avail-
able to pay the contractor, Ledbetter-Johnson_Company, for the cost
of said improvements -as is provided by contract betweehuthe said
Ledbetter -Johnson Company and the` -City of Smyrna; and
WHEREAS, the First.National Bank of Marietta, Georgia
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has agreed" to purchase in cash at their face value all of said
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above described notes and executions upon terms and conditions
agreeable to the Mayor and Council of the City of Smyrna;
NOW, THEREFORE, be it ordained by the Mayor and Council
of the City of Smyrna and it is hereby ordained by the authority
of same,;
That the Mayor and Council of the City of Smyrna do
sell, transfer and assign to the, -First National' -Bank of Marietta,
a .:a Georgia, all of the City's right, title and interest in and to
notes in the total face amount of $ 4,716.36, given and executed
by the owners of property on Bank, Hill, Hughes, and Sunset Streets
in the City of Smyrna, 'as part payment -for -the paving arid. improving
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of said streets -as above described, and also the executions issued
against the owners of property abutting on said four streets for
the cost of said improvementsin the total amount of,!1 677.68 ,
upon receipt from the Bank of payment in cash of the total face
amount of said.notes and executions, to -wit; 59394.04 =
That as part consideration unto said Bank for the purchase
of said notes and executions;"theMayor and Council of the City, of
`Smyrna do further transfer; assi-gn and set over to said Bank all
rights of enforcement of the City - against the -property and property
owners, and all -liens given by the charter of said City and as-
serted under the appropriate above�described,paving ordinances'
against the respective property and jr•operty,owners.
' That as further consideration unto said Bank for the
purchase of said notes and executions as above described, the
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City agrees to collect same according to their respective•tenors,
and to promptly remit the proceeds of such collections to the Bank,
�r r less a commission of one -seventh of the interest collected on any
and all said notes and executions, the Bank having agreed for the
City to retain said one -seventh of the interest collected as a
'commission , -for the handling and collection"of said notes and exe-
cutions
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- That,,*in. the event `any of. said notes are not paid.
according to their.tenor;, it is understood and agreed that the
Bank shall transfer and assign such past due or defaulted notes
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unto the City of Smyrna. In which event, the City shall issue
executions as provided in it's charter, especially Section 68 there-
of, and shall upon the issuance of said executions in the face -
amount of -such defaulted notes, transfer and assign by endorsement
a said newly issued" executions unto the said Bank.
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,That the Mayor of the City of -Smyrna and the Clerk of
the Mayor and Council of sai'd.City are hereby authorized and
directed to endorse, transfer, sell and assign said above described
notes and,executions unto said Bank upon the terms and conditions
as'embodied in the within ordinance, and to affix their signatures
unto said notes and executions as evidence of such -transfer by
and on behalf of the City.
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