09-04-1950 Regular Meeting2`3 5
The regular meeting of the Mayor and Council was held at the City
Hall September 4, 1950s 6;00 P. M. Mayor J. M. Gibson presiding at
the meeting with the following Councilmen present; P. p. Shaw, How
Fxdr•Hameq, and C. W. Jones. City Engineer ..Paul Hensley present and
City Attorney, Harold Willingham present. Councilman McCalla attends
at 7:30 P. M.
Minutes of previous regular and special meetings read. Motion by
C. W. Jones, seconded by Howard Hames to accept minutes of regular
and special meeting as read. Voted unanimous.
t City Attorney Mr. Willingham read to the regular Council meeting a
proposed contract between City of Smyrna and Cobb County embodying
a new agreement for the sharing of the expense of maintaining and
repair the existing 1011 supply line together.with the pumps and
pumping stations located thereon, jointly owned by City and County
and also embodying an agreement by City to purchase, and the County
to sell a certain 6" cast iron pipe line together now being erected
by the County and being located on Concord Road and running from a
point thereon where an existing 6" main of the City terminates out
such road to South Cobb Drive and vicinity together with smaller
mains in other appurtenances on same.
Upon motion of Councilman P. P. Shaw and seconded by Councilman C. W.
.-, Jones and unanimously passed it was resolved that -the Mayor execute
such contract for and on behalf of the City and that the Clerk attest
^' his signature to the same and after such execution and proper execu-
tion of such contract by the coznizant officials of Cobb County that
such contract be spread on the minutes of this.Mayor and Council im-
``' mediately succeeding the minutes of the within meeting and thereby
made a part hereof.
City Clerk instructed to obtain from the Banks up to date list oft pay-
ments on paving notes so as persons buying property in the City of
Smyrna may check at the City hall as to.the indebtiness against same.
Mayor ask that City Engineer Paul Hensley and Water Chairman Howard
Hames be given authority to make survey regarding extra 6" line lead-
ing from pumping station line to Hawthorne Street into tank.
Motion made by P. P. Shaw, seconded by Howard Hames that permit be
issued for Drive -In Grocery and closing hours to be regulated by City
Council, permit pending subject to Zoning Committee approval.
Voted unanimous.
Motion made by Howard Hames, seconded by Stanley McCalla to give Mr.
Hensley authority to survey for amount of pipe needed of 6" and 2" on
Kings Spring Road. Voted unanimous.
Bills read by the Mayor. Motion made by P. P. Shaw and seconded by
Howard Hames to pay current bills. Voted unanimous.
Motion made by P. P. Shaw, seconded by Howard Hames to purchase from
Waterworks & Sewerage Revenue Fund an Addressograph machine and Filing
Cabinet $378.40, to be purchased from Addressograph-Multigraph Corp.
Voted unanimous.
Meeting d urned.
May
---'iYl._ J 7LLe tie ,-,c�sMJ
Clerk
236
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4
GEORGIA,
COBB COUNTY.
THIS CONTRACT made and entered into in duplicate this
day of
September, 1950, by and between the CITY.OF SMYRNA, a municipal corporation
of said State and County, as party of the first part, hereinafter called
the "City", and COBB COUNTY, a political subdivision of the State of
Georgia, as party of the second part, hereinafter called the "County";
W I T N E S S E T H:
WHEREAS, a contract and agreement was made and entered into on
May 7, 1946, between said parties, and whereas, such original contract and
agreement was supplemented and amended by an agreement entered ipto by said
parties on December 30, 1947, and whereas, such contracts and agreements,
a
were further supplemented and amended by said parties on August 31, 1948,
all of such contracts and agreements pertaining to the County supplying the
City water, erection of a.jointly owned supply line and pumping station,
the operation and maintenance of same, etc.; and
i WHEREAS, the validity and constitutionality of the aforesaid original F l —"
contract and agreement between the parties hereto has been upheld and sustained
by the Supreme Court of Georgia in connection with the validation proceedings
of the City's water and sewerage revenue certificates of-1946, in the case of
Reed v. City of LmyEna, 201 Ga. 228,'decided on September 5, 1946; and
WHEREAS, earlier this year the County chartered a large expansion
of its water system, the water for such expanded system to be furnished by
the pre-existing supply line jointly owned by it and the City, and in'
pursuance thereof the County has issued and validated and received the pro-
ceeds of some $800,000.00 of Water Revenue Anticipation Certificates and
now has such expanded water system under construction and contemplates
finishing same at an early date; and
WHEREAS, such aforesaid expanded County water system will -cause the
County to use a far greater proportion of the facilities and services of
the jointly ovrned supply line, including the -pumping station located the
and,accordingly, the parties hereto'have ascertained and determined that
equity and good conscience would require anew agreement and arrangement
with reference to the proration of ,the maintenance expense of such
y
facilities, and in pursuance thereof a resolution was duly adopted by the
Commissioner of Roads and Revenues and Advisory Board of Cobb County at the
regular meeting of same held on April 4, 1950, authorizing the County
Attorney to negotiate a new maintenance and operation agreement regarding
the joint use.of the aforesaid jointly owned facilities; and
WHEREAS, the County in -connection with the aforesaid expansion of
its water works system has erected a six-inch main from a point on Concord
Road where an existing six-inch main of the City terminates near the western
City Limits of the City of Smyrna out Concord Road to South Cobb Drive and
vicinity, together with smaller mains and other appurtenances on said six-
inch main; and
WHEREAS, the City is desirous of purchasing said six-inch main,
together with the appurtenances thereto, running out Concord Road -from a
point near the western City Limits of the City of Smynna to South Cobb Drive,
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as aforesaid, for cash at the erection cost thereof; and
WHEREAS, the County is desirous of selling said line and appurtenances
`to the City of Smyrna�on the terms aforesaid for the reason that it will
obviate the necessity of the County buying water from the City to supply said
line, and because said line can be better and more efficiently operated and
serviced as a part of the City water system since it will have to be supplied
water by same and is adjacent to same, and further because the proceeds from
such sale can be used to,extend the County's lines in other parts of the
County where water could not otherwise be furnished.
NOW, THEREFORE, in consideration of the premises and mutual under-
takings as hereinafter -set out, it is contracted and agreed between Cobb
County and the City of Smyrna, each acting by and through its duly authorized
governing officials and agents, pursuant to resolutions and ordinances of
each duly, legally and properly adopted:
4
t
That Section 2 of the original contract as aforesaid,pertaining
to subject matter between said parties, duly executed on May 7, 1946, be
amended by striking the second sentence of said section which reads as
-follows: "The expense of maintaining and repairing said,line and pumping
station shall be borne equally by the parties hereto", and bye inserting in
lieu thereof a new sentence reading as follows: "The expense of maintaining
- 2 -
and repairing said line and pumping station shall be borne by the parties
hereto in the manner hereinafter in detail set forth", so that said Section
2 as amended herein shall hereinafter read as follows:
"The City and County shall jointly construct a ten -inch pipe line
from a. point agreed upon on State Highway No. 3E to a point agreed upon
on the"eastern outskirts of the City of Smyrna, a distance of approxi-
mately 7224 feet, and shall jointly erect a pumping station thereon.
The expense of maintaining and repairing said line and pumping station ,
shall be borne by the parties hereto in the manner,hereinafter in
detail set forth. The current operating expenses of same shall be pro-
rated between the parties in the manner more specifically hereinafter R
provided."
2.
That Section 8 of the original contract as aforesaid -pertaining
to subject matter between said parties, duly executed on May 7, 1946, be
amended by striking Section 8 thereof in its entirety and inserting in lieu
thereof a new Section 8 to read as follows:
"All cost of maintaining and repairing the 'project' shall, during
the period of this contract be borne by the parties hereto on a pro rata
basis as hereinafter set forth. The County shall be responsible for
maintenance of the line and the �City agrees to pay to the County within
thirty (30) days after any maintenance expenses are incurred, its pro
rata share of same as hereinafter provided. Provided, however, that
the Mayor and Council of the City shall be notified beforehand of any
necessary repair work'and shall approve same, unless such repairs be
of an emergency or urgent nature,in which event, the County may imme-
diately make them and shall notify the City of same as soon as reason-
ably possible. Such maintenance cost and repairs,.,which are hereby
defined as all cost of maintaining the 'project' other than operating
cost covered by Section 9.below, shall be pro rated between the parties
hereto based on the gallonage consumption of water by each party for
the twelve months next preceding the month in which the expense of such
maintenance and repairing was incurred."
3;•
That the City agrees to purchase from the County a certain water
line together with the appurtenances thereon now being erected by the County
from a point on Concord Road where an existing six-inch main of the City
terminates near the western City Limits of the City of Smyrna out Concord
a
Road to South Cobb,�riveland vicinity, said ,line consisting of a six-inch
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cast iron main transgressing said area, together with smaller mains leading
off such six -,inch -main and together with all services and appurtenances
erected or to be�'ereczted- on sane, for cash, the purchase price of same to
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be the cost of said line and system to the County.
That the County agrees to sell said line and system upon its
completion to the City for its cost incurred in erecting -same, together
-3
with engineering -fees thereon, there being attached hereto, marked "Exhibit
r
A", and made a part•-hereof,the engineering estimates of the cost of~such
-line and system to the County.
5.
Ir That as soon as said line and system is completed the County shall
render to the City a bill setting forth in detail the cost of Ysuchali�ne and
system. That in the..event that the County, through its regular employees
x
or prisoners under its control, does or has done 'any''of the'; work=erecting
such line and system, same shall be charged to the City of Smyrna by units
at the unit cost price of same now prevailing between the County and the
contractor now erecting the addition to the County water system.
6.
That upon receipt of the aforesaid bill of the County for the cost
of said )-ine and system, the City agrees to immediately pay same in cash
and upon such payment, title to the said line-, system and appurtenances'
shall immediately and,by the terms of the within agreement vest. in the City and
the County shall be completely divested of any title, claim, right or
interest in said system other than exist by reason of the -within contract.
7.
LThat cognizant employees of the County and City shall .jointly
contact the customers along the route of said line and system and shall
Q collect.a meter installation fee of $35.00 for each meter installed, which
amount shall be paid to the County. That one-half.of such.meter-installa-
tion fee shall belong to the County and that one-half of same shall belong
to the City, and the County agrees to either pay the City its one-half of
same in cash or to credit same on the bill to be,rendered in accordance
with Section 5 above. That.after title passes from the County to the City
to said line and system as aforesaid, then arrangements for meter installations
thereon shall thereinafter be made -by the City°and the cost of same,not to
exceed the amount charged residents of=;the City at the time for such service,
'shall.be fixed by the City and collected by`it
1.2
=That as further consideration for the within contract and agreement,
the City agrees to furnish water to all residents of the County residing
within a reasonable distance -of said line and system on the same basis as it
ID
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provides water services to its residents, and agrees never to exact a price
higher for said water services than it exacts from its residents having
sewerage services.
9.
That as further consideration for the within contract and agreement,
the City agrees to sell to the County water at a point, or points, on South
Cobb Drive in the event that the County at a later date decides to extend' y
its lines either north or south on South Cobb Drive for a price of 200 per
one thousand gallons during the term of the aforesaid original agreement of
May 7, 1946, the County in such event to pay all expenses of connecting on
to the City's line and system, including the installation of appropriate
meter or meters. Provided, however, that in the event the price of water sold
to the City by the County is increased or`decreased by subsequent agreement,
then the aforesaid price of 200 per one thousand gallons shall be increased
or decreased corresponding'as the case may be during the period of any such
change.
10.
That as further consideration for the within contract and.,agreement
both parties hereto agree that neither will take or furnish the water customer
of the other so long as adequate' and proper services at'reasonable rates are
being rendered by each to any and all customers desiring the services of the
facilities of the other unless mutually agreed..
That said original contract between the -parties hereto, together
with the supplemental agreements and amendments of December 30, 1947, and
of August 31,. 1948, are not altered, changed, or varied by the within
contract and agreement in any manner or respect whatsoever except as men —
tinned and provided herein.
r. 12,
That should any phrase, clause, sentence, paragraph or section of
this contract and agreement or of the aforesaid original agreement of May 7,
1946, together with the aforesaid supplemental agreements thereto of December
30, 1947, and August 31, 1948, be held invalid or unconstitutional in any
respect or manner whatsoever, it shall in no wise or way affect any or,all
of the remaining provisions, all of which of same shall remain in full force
-and effect.
" 5 -
IN WITNESS WHEREOF, the parties hereto acting by and through
their duly authorized officials and officers, pursuant to appropriate
resolutions and ordinances, hereinbefore duly and properly adopted by
each, have caused this contract and agreement to be executed in duplicate,
each delivering to the other a manifold having the full force and effect
of an original, the day and year first above written,,
rAQ s -: �
t City, Clerk
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Attest-- J ,�
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V
�J, Clerk, Commissioner of Roads7 and
Revenues
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CITY ;;A;�4
By
COBB COUNTY ,
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ENGINEER'S ESTIMATE FOR CONCORD ROAD WATER
LINE AND SYSTEM FROM' SMYRNA TO SOUTH COBB
DRIVE
fr
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6" B -S,, C. I. Pipe
C. I. Fittings
Mineralead
Lead
Jute (Oiled)
Jute (Braided)
6" Gate Valves & Boxes
Fire Hydrants
Connection to Main
4" Meter & By Pass
House Service
Sub-Total`for Construction
Engineering
a
NO. a
UNIT
UNIT
UNITS
PRICE
COST
L.F.
4730
1.50
$ 7,095.OG
Lbs.
1800y
0.125
225.00
"
800
0.073
58.40
"
150
0.12
18.00
"
10
0.17
1.70
+�
95
o.45
42.75
Ea.
..10
47.29
472+90 "
it
4
84.87
339.48
it
1
150'00
1511100
It
1
715.00-
71540
"
26
424,00
1,092.00
10,075.23
604.52
Total
$103679.75
Estimate for Rest of'Line on
Concord, South Cobb, and Wootten Road
6" C. I. Pipe
22" C. I. Pipe
Fire Hydrants
6" Gate Valves & Boxes
Fitting, Jute & Dead
House Services
G
Sub -Total for Construction
Engineering
L.F. 1400, 1,50 $ 2,100.00
it 3980 0,70 2,786.00
Ea. 1 84.87 84.87
" 2 447.29 94.58
200,.00
" 19 42400 7,98.00
r 6,063.45
363.81
6,427.26
Cost of whole line - $10,679.75 / $6,427.26
$17,107.01
EXHIBIT A
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SUPPLETMENTAL
CONTRACT AND AGREEMENT
Relating to
Sale of 'Hater, 'Maintenance of
Jointly Owned Supply Line and
Pumping Station; Sale of Con-
cord Road Line and System
By and Between
CITY OF SIGYRNA
a Municipal Corporation
of Cobb County, Georgia
and
COBB COUNTY
a Political Subdivision
of the State of Georgia
Executed: September , 1950
Pursuant to Appropriate Resolutions
and Ordinances of each Party, duly
adopted
WILLINGHAM, CHENEY, HICKS & C' DWARD:S
MARIETi'A, GEORGI4. f