11-25-1949 Special MeetingF
(con.)
A special meeting of the Mayor and Council was held at the City Hall
November 15, 1949 at 8 P. M. Purpose of the closed meeting which was
advertised three days in advance; to set town on sound basis with or
without additional revenue received from the sales of alcholic beverage
Mayor J. M. Gibson presided over the meeting with the following Council-
men present: P. P. Shaw, H. L.-McEntyre., R. S,. Brinson and Dr. M•. L.
Collins.
Motion made by P. P. Shaw and seconded by R. S. Brinson ; to charge $1.00
per month for each resident and business house in the City of Smyrna,
for garbage collection effective January 1, 1950. Voted unanimous.
Motion made by H. L. McEntyre and seconded by P. P•. Shaw; to discontinue
Extra Policeman job effective December 1, 1949. -Voted unanimous.
Resignation of Councilman Logan read by Mayor. Motion made by R. S.
Brinson and Seconded by H. L. McEntyre to accept resignation. Voted unan-
imous.
Motion made by Dr. M. L. Collins and seconded by R. S. Brinson to elect
C. W. Jones to fill unexpired term of R. S. Logan which continues.until
December 31, 1950. Voted unanimous.,
Motion made by H. L. McEntyre and seconded,by P. P. Shaw to discontinue
Day Policeman job effective December 1, 1940. Voted unanimous..
Meeting adjourned.
Ch
R special meeting of the Mayor and Council was held at the City Hall
November 25, 1949 at 7 P. M. Purpose of the meeting to discuss plans
for a traffic light to be installed at King and Church Sts,
Mayor Pro-tem P. P. Shaw presided over the meeting with the following
Councilmen present; Dr. M. L. Collins, H. L. McEntyre, R. S. Brinson,
and P. P. Shaw.
Motion made by H. L. McEntyre and seconded by Dr. M. L. Collins to in-
stall Traffic light at the intersection of Church and King Sts. Voted
unanimous.
Meeting adjourned. aui �tco-- a!r�✓
er
Mayor ro- em
Y�Yq�
ORDINANCE PROVIDING FOR THE SALE OF NOTES AND EXECUTIONS ARISING
FROM THE PAVING OF LOWER CHURCH STREET, LOVE STREET EXTENSION,
MORRIS CIRCLE AND WHITFIELD STREET TO THE BANK OF SMYRNA, SMNA,
GEORGIA.
WHEREAS; on April 22, 1949, the Mayor and Council of the City of
Smyrna did adopt ordinances for the paving of Lower Church Street, Love Street
Extension, Morris Circle and Whitfield Street in the City of Smyrna; and
WHEREAS; saidabove described ordinances were 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 pen-
dency of said ordinances 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 1, yor and,Council of the City of Smyrna did, on
September 7; 1949, adopt assessment ordinances pursuant to Section 66 of said
charter assessing the cost of said improvements pro rata against the respective
property owne= of'said four streets and did notify the said property owners
of the amounts of their respective assessments in the manner provided by Section
67 of said; charter of said city; and
-MMEAS, in response to said notices the owners of property abutting
on said streets.,. with the exception of some seven, did pay to the Clerk of the
City of Smyrna either the full amounts of their assessments in cash, or did pay
in cash (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 $2,846.12; 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 in the name of the Mayor of said City
and specifying the improvement 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 available to pay the con-
tractor, Ledbetter -Johnson Company, for the cost of said improvements as
provided by contract between the said Ledbetter -Johnson Company and the City
r
of Smyrna; and
- 2 -
F
` WHEREAS, the Bank of Smyrna of Smyrna, Georgia has agreed to purchase
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 Bank of Smyrna of Smyrna, Georgia, all of the City's right,
title and interest in and to notes in the total face amount of 02,846.12, given
and executed by the owners of property on Lower Church Street, Love Street
Extension, Morris Circle and Whitfield Street in the City of Smyrna, as part
payment forthe paving and improving 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 improvements in the total amount of $1,184.41,
upon receipt from the Bank of payment in cash of the total face amount of said
notes and executions, to -wit: �4,030.53•
That as part consideration unto said Bank for the purchase of said
notes and.executions, the Mayor and Council of the City of Smyrna do further
transfer, assign 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 asserted under the appropriate above described paving ordinances
against the respective property and property owners.
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 thereof,
and shall upon the issuance of said executions in the face 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.
TO THE BANK OF SMYRNA, SMYRNA, GEORGIA.:
I, MARTHA THEODOCION, Clerk of the Mayor and Council of the City
of Smyrna, do hereby certify that the foregoing two typewritten pages are a
true and correct copy of an ordinance duly and legally adopted by the Mayor
and Council of the City of Smyrna at a meeting held at the City Hall of said
City at seven thirty P. 14. on the 8th day of November, 1949, and that same
appears of record on the minutes of the said Mayor and Council exactly as
hereinbefore set forth.
In Witness Whereof, I have affixed my name as Clerk of the Mayor
and Council of the City of Smyrna and have caused the Seal of said City to be
hereto affixed this 8th day of November, 1949.
Clerk of the Mayor and Council of the
City of Smyrna
GEORGIA, COBB COUNTY:
THIS AGREEMENT made and entered into by and between the City of
Smyrna, Cobb County, Georgia, a municipal corporation of this State, herein-
after referred to as Party of the First Part, and Earl V4 Cobb., a citizen
and resident of said State and County, hereinafter referred to as Parity of
the Second Part:
W I T N E S S E T H:
WHEREAS, the City of Smyrna owns and maintains an expensive and
completely furnished fire truck for manning from time to time by a Voluntary
Fire Department of said City; and
WHEREAS, Earl R. Cobb is Fire Chief of said Voluntary Fire
Department of said City and,as such,has stored and maintained said fire truck
and equipment for the past several years at a filling station operated by him
in the City of Smyrna; and
WHEREAS, said Earl 1R. Cobb has constructed a new filling station
and a garage at 409 Atlanta Street in the said City of Smyrna, which garage is
a suitable and adequate place in which to store and maintain said fire truck;
and
WHEREAS, said garage was constructed at considerable personal
expense to the said Earl R. Cobb; and
WHEREAS, the City of Smyrna is desirous of entering into a three-
year agreement, effective January 1, 1950, with the said Earl R. Cobb, for
Yoe a+i a. +. �%�s�s.�►� p
the storag!wf said fire truck for a consideration of p30.00 per month, all
of which has been duly authorized by appropriate ordinance of the Mayor and
Council of the City of Smyrna, adopted at its regular meeting on November 8,
1949; and
WHEREAS, tho said Earl R. Cobb is desirous of entering into an
agreement with the City of Smyrna for the storageAof said lire truck on the
4
" terms and conditions as above set forth;
NOJ'i, THEREFORE, the parties hereto do agree and contract in
consideration of the premises and their mutual premises and the mutual
benefits hoped for, as follows:
1.
par4� JY/ rvSP �iP 7W'*.';w ��YOiirP
That the -said'. Earl, k- Cobb agrees to. store the fi�truck for
the said City of Smyrna, together with its equipment in a garage owned and
operated by him in conjunction with a filling station,located at 409
Atlanta Street in the City of Smyrna, Georgia, for a period of three (3)
years beginning January 1, 1950, for a monthly charge, consideration and
rent of Thirty ($$30.00) Dollars, payable monthly in advance,throughout_the
said term of the within agreement.
2.
That the City of S`m3rrna agrees to pay unto the said Earl #,. Cobb
the sum of Thirty ($30.00) Dollars per month, in advance, for a three-year
O*W .Tii oc e. -0.4; mow• "� awet+
period beginning January 1, 1950, for the storage^ of t City's fire truck
and equipment,as aforesaid, on the said premises of Earl 1k. Cobb, located
at 409 Atlanta Street, in the City of Smyrna, Georgia.
3.
That,in the event Earl 'R. Cobb dies, resigns or for otter reasons,
ceases to act and be the Fire Chief of the aforesaid Voluntary Fire Department
of the City of Smyrna,then, in such event, it is mutually agreed between the
parties hereto that the City of Smyrna may, at any time thereafter during the
term of the within agreement, cancel same upon the giving of thirty days
written notice unto the party, Earl *R. Cobb, his successors, assigns, heirs,
executors or administrators. That upon giving the notice herein provided,on
the happening of the contingency herein provided, all rights of both parties
hereunder shall expire on the effective date of said notice.
This 7 4J&.. day of December., 1919. ' * i
ATTEST ;
Martha.Theodocion, City Clerk
.Witness,:. ,,-
a
CITY
By
M. Gibson
Mayor
Earl Cobb
0
0
GEORGIA, COBB COUNT' *
I
. Por value received I hereby.transfer and assign to
Bank of Samna, its successors and assigns# that ceriain
lease agreement and income thereunder executed by the
City of Smyrna this date, attached hereto, and authorize
payment of rentals as they mature direct to the said Bank
of Smyrna.*
This assignment is made for the purpose of securing
my note of even date herewith for $20144000 payable in
11 consecutive monthly installments of $50.00, beginning
Jan. 1# 1950* and a final installment of 01464400 due
I)ecenber 1p 1950, and any renevi4l thereof, and this assignment
is given in connection with,a deed to secure debt recorded
in Deed Bbbk 207.. page 223.* Cobb County Records. It is
further understood and agreed that this conditional assign-'--ent
would bocome",absoluto in the event of a change of ownership
of the property described in said deed to secure dlebto subject
to conditions of lease,
In x7itnes-s'-whoreof I have hereunto set ririy hand and seal
this 7th day of Decembers 1949-t
Viithe zz: C2�`�,V`'
We consent to.assignment above, and will,ztake paymett� as
directed,.
CITY 0
By or
est: olhrt m lerk