12-10-1948 Special Meeting160
December 80 1948.
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A Special meeting of the Mayor and Council was held on Dec.
8, 1948 at 7;30 P. M. for the purpose of meeting with. J. M.
Gibson, Newly elected Mayor and the Two newly Elected Councilmen
R. S. Brinson and R. Be Logan and hearing new ordinances for
the City of Smyrna regarding Speed regulations in the City.
Meeting was called to order by Mayor Lorena P. Pruitt with
the following present;
Mayor Pruitt, Mayor elect J. M. Gibson, Councilmen P. P. Shaw,
M. L. Collins and H. P. McCollum and newly elected councilmen
R. S. Brinson and R. Be Logan and Attorneys Harold Willingham
and S. S. Edwards Jr.
New ordinances (attachedo were read and approved by all and
motion was made by P. P. Shaw and seconded by M. L. Collins
that they be adopted, Voted unanimous.
There being no further business the meeting adjourned.
December 100 1948.
Special meeting of the Mayor and
City Hall on December 10, 1948 at
purpose of hearing the zoning la
Mayor Lorena P. Pruitt called the
the following councilmen present;
M. L. Collins and H. P. McCollum.
Council was held in the
3;00 P. M. for the
w on Sunset Avenue.
meeting to order with „
H. L. McErityre,
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There being no dissention against the zoning law it was
passed by a unanimous vote after a motion by H. L. McEntyre
and a second by M. L. Collins that it be adopted.
There being no further business the meeting was adjourned,
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ORDINANCE ZONING PORTION OF SUNSET AVENUE
IN THE CITY OF SMYRNA, GEORGIA.
WHEREAS., the Mayor and Council of the City of Smyrna,
Georgia, have been petitioned in writing to zone all that
portion of property facing Sunset Avenue in said City on the
North side of the said street from the property now owned by
Dr. W. C. Mitchell to the intersection of said Sunset Avenue
with Hamby Street and including all property North of said Sunset
Avenue to Powder Springs Street in said City, and on the South
side of Sunset Avenue for a depth of 150 feet from the property
now owned by Leonard Bradscome to the intersection of Sunset
Avenue with Hamby Street, for residential purposes only, and that
business houses and places of business be prohibited in said
named area and that said area be restricted solely for resident-
ial purposes, except that Mrs. W. W. Day shall have the right
to continue the operation of her present beauty shop on the
north side of said street, and except that Mr. S. B. Harbin shall
have the right to continue the operation of his present Grocery
Store on the South side of said street, and
WHEREAS, after said petition was presented and read, for
the purpose of giving all parties and citizens an opportunity to
be heard for or against the passage of such an ordinance at a
public hearing thereon! ten days notice of a hearing thereon to
be had on this date at the Council Chamber of said City, in
Marietta Daily Journal
Smyrna, Georgia, was published in the/6ta[bdxx6La=t7x2t=s:, a
newspaper of general circulation in said City of Smyrna, and
WHEREAS, a public hearing was had on this date relative
to the passage of such ordinance, and
WHEREAS, it is deemed advisable by the Mayor and Council
of the City of Smyrna that the passage of such an ordinance will
be conducive to the convenience, comfort, and- general welfare of
the citizens of said city,
WHEREFORE, be it ordained as follows:
(Section 1. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMY NA, and it is hereby ordained by the authority of the same
that from and after the passage of this ordinance all that por-
tion of property facing Sunset Avenue in said City shall be
zoned on the North side of the said street from the property
ORDINANCE #2.
now owned by Dr. W. C. Mitchell to the intersection of said Sun-
set Avenue with Hamby Street and including all property North of
said Sunset Avenue to Powder Springs Street in said City, and on
the South side of Sunset Avenue f��,o��r a depth of 150 feet from the
property now owned by Leonard Br�ldscome to the intersection of
Sunset Avenue with Hamby Street, for residential purposes only,
and that business houses and places of business be prohibited in
said named area and that said area be restricted solely for res-
idential purposes, except that Mrs. VV. W. Day shall have the rigk
to continue the operation of her present beauty shop on the
north side of said street, and except that Mr. S. B. Harbin shall
have the right to continue the operation of his present Grocery
Store on the South side of said street.
Section 2. Be it further ordained by the authority aforesaid
that any person, persons, firm or corporation violating the
provisions of this ordinance shall, upon conviction be punished
as provided by the ordinances of said city for violation of the
ordinances thereof;
Section 3. Be it further ordained by the authority aforesaid,
that any person, persons, firm or corporation dissatisfied with
the decision and ,judgment of the Mayor and Council. in passing
this Ordinance shall have the right to carry said cause to the
Superior Court of Cobb County by writ of Certiorari, as provided
by law in such cases.
Section 4. Be it further -ordained by the authority aforesaid
that all ordinances and parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Passed in o en Council meeting this _.day of
194�.
ORDINANCE ZONING PORTION
OF SUNSET AVENUE IN THE
CITY OF SA=A., GEORGIA
RA.YMOND M. REED
ATTORNEY AT MAW
MARIETTA, GEORGIA
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ORDINANCE PROVIDING FOR THE SALE OF NOTES AND EXECUTIONS
ARISING FROM THE PAVING OF CHURCH, FLEMING, HIGHLAND,
POWDER SPRINGS AND WALKER STREETS TO THE BANK OF SMYRNA,
SMYRNA, GEOR GIA
WHEREAS, on May 30 1948, the Mayor and Council of the
City of Smyrna did adopt ordinances for the paving of Church,
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Highland, Powder Springs -and Walker,Streets in'the City of Smyrna,
and did, on June 18., 1948, adopt an ordinance for the pavement of
Fleming.Street in the City of Smyrna; and
WHEREAS, said above 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 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 five streets, the Mayor and Council of the
.. City of -Smyrna did, on November 15, 1948, adopt assessment ordi-
nances pursuant to Section 66 of said,charter assessing the cost
j of said improvements pro'rata against the respective property
owners of said five streets and did notify the said property owners
of the amounts of their respective assessments�in the manner pro-
vided 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
two or three, 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'(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 $5,284.25; 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
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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 contractor, LedLe:tter-Johnson Company, for the
cost of said improvements as is provided by contract between the
said Ledbetter -Johnson Company and the City of Smyrna; and
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 $5,284.25, given and executed by°the
owners of property on Church, Highland,.Powder springs-, -Walker and -
Fleming Streets in the City of Smyrna, as part payment for the
paving and improving -of said streets as above described, and also
the executions issued against the owners of property abutting on•
said five.streets for the cost of said`improvements in -the total
amount of $242.24, upon receipt from"the Bank of payment in cash
of the total face amount of said notes and-executions,'to-wit
$5,526.49. t,
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 as-
serted 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
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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,df 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
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the Mayor and Council of said City are hereby authorized and
directed to endorse, transfer, sell and- assign.said above de-
scribed 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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TO THE. BANK OF SMYRNA, SMYRNA, GEORGIA.:
I, JAMES L. PIERCE, SR., Clerk of"the Mayor and
Council of'the City of Smyrna, do hereby certify that the
foregoing three 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. M. on the 29th
.day of December, 1948, and that same appears of record on the
minutes of the said Mayor and Council exactly as hereinbefore
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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
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the Seal of said City to be hereto. .affixed this 3� `dayof �a
December, 1948.
v•
rk o the Mayor `and -Council
of the City of Smyrna
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ORDINANCE COIJTROLLING RATE OF SPEED AT.INTERSECTIONS.
OF CITY STREETS
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Be it enacted by the Mayor and Council of the City
of Smyrna, Smyrna, Georgia, and it is hereby enacted by
authority of same;
No person, or persons, shall run or operate any motor
vehicle on approaching any intersection at,.a speed greater than
fifteen (15) miles per hour. j
VIOLATION PENALTY; Any person violating the
above ordinance shall be fined not more than One Hundred ($100.00)
Dollars, or imprisoned in the callaboose, or confined at labor
on the streets of the city not exceeding fifty (50) days for
each offense.
That any ordinance or parts of ordinance's in conflict
with this ordinance be and the same are hereby repealed. That
should any section or portion of this ordinance be declared
invalid, the remainder to remain of full force and effect.
Unanimously adopted by the Mayor and Council of the
City of Smyrna this 8th day of December, 1948.
ORDINANCE CONTROLLING RATE OF SPEED ON STREETS
GENERALLY
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Be it enacted by the Mayor and Council of the City
of Smyrna, Smyrna, Georgia, and it is hereby enacted by
authority of same:
No person, or persons, shall -run or operate any motor
vehicle upon any public streets at a speed greater than twenty-
five (25) miles per hour. This ordinance shall not apply where
some other speed limit as hereinbsfore,or shall hereinafter be
designated.
VIOLATION -- PENALTY: Any person violating the above
ordinance shall be fined not more than One Hundred ($100.00)
Dollars, or imprisoned in the callaboose, or confined at labor
on the streets of the city not exceeding fifty (50) days for
each offense.
That any ordinance or parts of ordinances in conflict
with this ordinance be and the same are hereby repealed. That
should any section or portion of this ordinance be declared
invalid, the remainder to remain of full force and effect.
Unanimously adopted by the Mayor and Council of the
City of Smyrna this 8th day of December, 1948.
ORDINANCE CONTROLLING RATE OF SPEED IN SCHOOL
ZONES
Be it enacted by the Mayor and Council of the City
of Smyrna, Smyrna, Georgia, and it is hereby enacted by
authority of same;
No person, or persons, shall run or operate any motor
vehicle between any sign,or signs', marked "School Zone", located
on the streets of said city, at a speed greater than fifteen
(15) miles per hour.
VIOLATION -- PENALTY; Any person violating the
above ordinance shall be fined not more than One Hundred ($100.00)
Dollars, or imprisoned in the callaboose, or confined at labor
on the streets of the city not exceeding fifty (50) days for
each offense.
That any ordinance or parts of ordinances in conflict
with this ordinance be and the same are hereby repealed. That
should any section or portion of this ordinance be declared
invalid, the remainder to remain of full force and effect.
Unanimously adopted by the Mayor and Council of the
City of.Smyrna this 8th day of December, 1948.
ORDINANCE SETTING FORTH RESTRICTIONS AS TO OPERATORS
OF MOTOR VEHICLES
Be it enacted by the Mayor and Council of the City
of Smyrna, Smyrna, Georgia, and it is.her'eby enacted by
authority of same:
No person shall operate a motor vehicle upon any
•public street, whether as owner or operator, while under the
influence of intoxicating liquors or drugs; and no person
shall take, use or operate any motor vehicle upon the public
streets without the permission of the owner thereof.
VIOLATION -- PENALTY: Any person violating the above
ordinance shall be fined not more than One Hundred ($100.00)
Dollars, or imprisoned in the callaboose, or confined at labor
on the streets of the city not exceeding fifty (50) days for
each offense.
That any ordinance or parts of ordinances in conflict
with this ordinance be and the same are hereby repealed. That
should any section or portion of this ordinance be declared
invalid, the remainder to remain of full force and effect.
Unanimously adopted by the Mayor and Council of the
City of Smyrna, this 8th day of December, 1948.
ORDINANCE CONTROLLING RATE OF; SPEED IN CHURCH
ZONES
W
Be it enacted by the Mayor and Council of the City
of Smyrna, Smyrna, Georgia, and it is hereby enacted by
authority of same:
No person,, or persons, shall run or operate any motor
vehicle between any sign, or signs, marked "Church Zone", located
on the streets of said city, at a speed greater than fifteen
(15) miles per hour.
VIOLATION -- PENALTY: Any person violating the
above ordinance shall be fined not more than One Hundred ($100.00)
Dollars, or imprisoned in the callaboose, or confined at labor
on the streets of the city not exceeding fifty (50) days for
each offense.
That any ordinance or parts of ordinances in conflict
with this ordinance be and the same are hereby repealed. That
should any section or portion of this ordinance be declared
invalid, the remainder to remain of full force and effect.
Unanimously adopted by the Mayor and Council of the
City of Smyrna this 8th day of December, 1948.
ORDINANCE .FIXING 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 CORPOR»
' ATE LIMITS,OF THE CITY OF SMYRNA, COBB
COUNTY, GEORGIA.
BE IT ORDAINED by 'the Mayor and Council of the City of Smyrna,
and it'is hereby ordained by the authority of same, as follows;
Section 1. There is hereby imposed upon retail dealers engaged,*
in the business of selling malt beverages, wines or spirituous liquors, as
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defined under the laws of Georgia, within the corporate limits of the City
of Smyrna, a license fee, charge and taa, to be computed and paid as here-
inafter set forth.
Section 2. The license fee, charge and tax imposed by this
ordinance shall be computed on the following basis;
(1) (a) $1,000.00 per annum on retail dealers in spirituous'
liquors;
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plus
(b) $10.00 per annum on retail dealers in wine;
(c) $50.00 per annum on retail dealersjn malt beverages.,.
Said terms being as defined by the laws of Georgid, and said
amounts being payable annuaily<in advance,, -provided fia ever, that
the Mayor and Council- of "they City of Smyrna.,shall; have the
authority in their discretion to pro rate said amounts on a month-
ly basis so as to adjust odd.expiration dates, short or interim
periods, etc. `' J ` . I "' <
(2) (a) 48 cents'per case on bottled malt beverages;
(b) $3.00 per barrel, keg, drum or other container of 15.5
,gallon capacity of malt beverages sold on draught;
(c) $1.50 per barrel, keg, -drum or other container of 7.75
gallon capacity of malt beverages sold on draught f
(d) $1.20 per case on spirituous liquors;
(e )- 48 cei s-per case on wine. y
The term case as applied to malt beverages means a.carton or
other container containing 24 bottles of any size. The term
case as applied to spirituous liquor and wine means a.carton or
other -'.container containing 12 bottles of quart. or' fifth size, 24
bottles of pint size, or 48,bottles one-half pint size. Fractional
parts of cases, barrels, kegs or drums shall be computed propor-
tionally* T
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Section 3. After, the first day of January, 1949, each of said
retail dealers purchasing any malt beverages, wines or"spirituous liquors
from any person, firm or corporation and taking:delivery of any shipment
thereof in said City shall pay the license fees, charges and taxes on said
shipment, computed pursuant to section-2 hereof, to said person, firm or
=` corporation at or before the time of delivery. Any of said retail dealers
who, after paying on any malt beverages, wines or spirituous liquors the
license fees, charges and taxes hereunder, shall lawfully return said malt
beverages, wines or spirituous liquors to the supplier thereof for credit,
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shall be entitled either (a) to a refund of said license.fees, charges and'
taxes upon presenting to the City Clerk a verified statement of.said trans-
actions supported by verified copies -of all -the relevant invoices and way-
bills, or--"(b) to 'a credit, in amount, equal to said. refund, to be applied
against the license :fees, charges and taxes due hereunder on any malt beverages,
wines and spirituous liquors delivered.to.him by the same supplier on the same
day, provided verified copies of all the relevant invoices and waybills are
forthwith sent by him to the office of the City Clerk by first-class mail.
,Any of said retail dealers who during any month moves or causes to be moved-
-any shipment of 'malt beverages, wines - or spirituous liquors+ into, the City -of r,
Smyrna, after taking delivery thereof'at some other place or after moving the
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same from said City, shall pay the license fees, charges-and taxes on all such
shipments, computed pursuant to section 2 hereof, butonly,to-the extent that
such license fees, charges and taaes'exceed the license fees, charges and
taxes,.computed pursuant to section 2 hereof, on shipments of malt beverages,
wines and spirituous liquors which during said month he has moved -or caused to
be moved from °the City of Smyrna to a place outside said City,�'after taking
delivery thereof in said City or after' moving the same into said City; and' as to.
said shipments said retail dealer shall keep true and accurate records thereof,,,
preserving such records for at least one year and making them available ataany. .
time during business hours for the inspection of any duly authorized represen-
tative of said City, and shall on or'before the tenth day of each'calend'ar-month
make to`said City Clark a verified -and comprehensive report bf all such ship-
ments, if any, during the preceding calendar month, accompanied by a remittance
to said City Clerk for'all..fees, charges and taxes due hereunder on said ship-
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ments.so reported.
Section 4* Each of said retail dealers shall accept delivery, of any
shipment of malt beverages, Wines or spirituous li'quor's only if said shipment
is accompanied by an invoice, bill of lading or waybill listing in detail the
items in said shipment and showing the fees, charges and taxes payable thereon
pursuant to this ordinance, and only if said retail dealer pays such fees,
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charges and taxes as provided in section 3-hereof. None of said retail dealers
shall accept delivery of any such shipment directly or indirectly from any
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person, firm or corporation in default as provided -in section 5 hereof. Any
violation of this section by any retail dealer shall be cause for immediate
revocation of the license of said retail dealer. z
Section 5. Every wholesale dealer licensed by the State of Georgia
who accepts payment from said retail dealers of any fees, charges and taxes
as provided in section 3 hereof shall be deemed to be an agent of said'City for
the collection thereof and shall hold all such payments in trust for said City
until remitted to said City as provided in this section. Each such wholesale
dealer shall (a) keep true,and correct records of all sales, shipments and
deliveries of, malt beverages', wines and spirituous liquors to each of said
retail dealers, and -preserve such records -for at least one year and make them
available at any time during business hours for the inspection of any duly
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authorized representative of}said City; and (b) on or before the tenth day of
each calendar month make a verified and comprehensive report to the City Clerk
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of said City, which shall -correctly show all sales and deliveries of malt
beverages, wines and spirituous liquors made to or for said retail dealers
,?e' during the immediately preceding calendar. month. Said report, shall show the
name and address of each retail dealer, the quantities delivered to him, the
amounts payable by and collected from him under this ordinance, and such other
information as may be- calied for by the City,Clerk. Said report shall be.
accompanied by remittance to said City for -all fees, charges and taxes collected
or due as 'shown on said report, leas an allowance of five per cent,thereof as
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reimbursement to said wholesale dealer for the cost of collecting, accounting
for and paying,over the same; but said allowance shall not -be granted unless
said report and remittance are filed in the form and within the time'preseribed.
Wholesale dealers accepting from said retail dealers any payments of fees, charges
;,-!
and taxes as aforesaid and thereafter failing to comply with the terms.of this
section, or failing to fulfill their duties as agents of said City and trusteesof
said payments for the benefit of said City, shall be deemed to be in default when
notice of such failure shall have been given -by the City Clerk of said City toy
said retail dealers, and this without prejudice to the other remedies of said City.
4
Section S. The license of any retail dealer who sells or offers for,
sale in the City of Smyrna any malt beverages, wines or spirituous liquors an
defined in the laws of Georgia, without having paid the „license fees, charges
and taxes imposed hereunder in the manner herein prescribed, shall be forth-
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with revoked by the Mayor and Council of the City of Smyrna. The City Clerk
and -all agents thereof are hereby authorized to require information under -oath and in
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writing from such retail dealers relating to all matters incident to the proper
collection -of the fees, charges and taxes hereby imposed, and the license of -
any such retail dealer who fails or refuses to furnish Information when and.in the
manner so required; or who with intent to avoid the payment of any part of said •
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license fees, charges and taxes purchases any malt beverages, wines or spirituous
liquors at any place (other than his place-of,busines's within said City) and,
thereafter removes the same to said City for the purpose of sale, shall be,forth-
with revoked by said Mayor -and Council of the City of Smyrna.
Section ?. This ordinance shall'be effective on and after the first
day of January, 1949.
S ll ordinances and resolutions of y
Section A the -Mayor and Council
of said City contrary hereto are hereby -repealed.=
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. 1.64
MAYOR tS OATH OF OFFICE.
L, J. M. Gibson, do solemnly swear that I will well and truly
demean myself as MAYOR of the City of Smyrna for a full Twoyear
term beginning January 3, 1949, and that I will faithfully enforce
the Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as MAYOR, act as I
believe for the best interest of the City. So help me God.
. M. Gibson, Seal
Subscribed and sworn to before
__.
me this 3rd. day of January 1949.
mayor. �d
C OUNC ILMINS OATH
OF OFFICE.
.�
I, R. S. Brinson, do solemnly swear that I will well and truly
demean myself as councilman of the
City of Smyrna for the
�-
ensuing term, and that I will faithfully enforce the Charter and
w�
Ordinances of said City to the best
of my ability, without fear
or favor, and in all my actions as
councilman, act as I believe
for the best interest of the City.
So help me God.
Subscribed and sworn to bef ore
me this 3rd. day of January 1949.
. S. Brinson Sea
Mayor
I, R. Be Logan , o solemnly swear
that I will well and truly
demean myself as councilman of the
City of Smyrna for the
ensuing term, and that I will faithfully enforce the Charter and
Ordinances of the said City to the
best of my ability, without fear
or favor, and in all my actions as
Councilman, act as I believe
for the best interest of the City.
So help me God.,
Subscribed and sworn. to before
me this 3rd. day of January, 1948.
Mayor, /-
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