03-03-1952 Regular Meetingzs
The regular meeting of 'the Mayor and Council was held at the City
Hall, March 3, 1952, 7:30 P. M. Mayor J. M. Gibson presiding with
the following Councilmen present, Co M. Hamby, Harry Mitchell, Jr.,
Glenn Yarbrough, Jr., C. C. Terrell and Eugene Rice. City Attorney,
Harold Willingham and City 2ngineers M. J. Hensley and Ralph Lewis,
Jr., present.
Minutes of previous meeting read. Motion by C. M. Hamby seconded by
Glenn Yarbrough to approve minutes as read. Voted unanimous.
Mr. Bill Adams came before Council in regard to his property located
on Hawthorne Street being in the city limits.
Motion by C. M. Hamby seconded by Eugene Rice that building chairman,
C. C. Terrell work with city engineer to determine -if Adams property
located on Hawthorne St., is in city limits. Voted unanimous.
Motion by Eugene Rice seconded by Glenn Yarbrough, Jr., to set heat-
ing license at 050.00. Voted unanimous.
Upon motion of C. M. Hamby seconded.by Eugene Rice the following or-
dinance was unanimously adopted:
ORDINANCE ESTABLISHING CERTAIN RULES, REGULATIONS, AND REQUIRE*
MENTS FOR THE CREATION AND CONSTRUCTION OF NEW STREETS WITHIN
THE CITY OF'SMYRNA IN THE NEW SUBDIVISIONS AND NEW AREAS OF DE-
VELOPMENT
WHEREAS, during the past several years, the City of Smyrna
has,experienced a phenomenal growth in population due to the construc-
tion of many new homes in the corporate limits of the City; and
WHEREAS, the corporate"limits of the City have been extended
a number of times during the past several years through agreement with
property owners and the Mayor and Council of the City of Smyrna, all as
is provided by the laws of the State of Georgia; and
WHEREAS, in November 1951, the whole of Cobb County, including
the City of Smyrna, was declared.by the President of the Untied States
as a,critical defense housing area, pursuant to Public Law 139-82nd
Congress; and
WHEREAS, the declaration of Cobb County as a critical defense
housing area, as aforesaid, has accentuated the building of houses in
the Smyrna area.and at the present time the construction of some 1722
additional units for the City of Smyrna is being planned by private
builders; and
WHEREAS, the past building and the contemplated building of
houses has resulted in the establishment of many new subdivisions with-
in the corporate limits -of the City of Smyrna, and the City has been
asked and requested by the builders of same to furnish certain services
and utilities; and
WHEREAS, it is deemed necessary and desirable by the Mayor
and Council of the City of Smyrna to promulgate and establish certain
rules, regulations and requirements for the creation and construction
of new streets within the City of Smyrna in the new subdivisions and
new areas of -development in said City, as aforesaid.
NOW, THEREFORE, Be it ordained by the Mayor and Council of
the City of Smyrna and it Is hereby ordained by authority of same:
1.
That all streets now or hereinafter to be constructed and e-
stablished in the present or extended -corporate limits of the City of
Smyrna in new subdivisions or other areas of development shall be con-
structed in accordance with the within ordinance and shall conform
with the same in all particulars.-.
2 .
That all such streets bhall have a minimum right of way of
forty (40) feet and in each instance the builder, developer or
property owner owning the property in which a new street is to
be cut or developed shall execute a.deed unto the City of Smyrna
conveying unto such City for street purposes the right of way
contemplated for each such new street.
3.
That all such new streets shall be paved or hard -surfaced in
a minimum uniform width.of at least eighteen (18) feet, according
to specifications hereinafter in detail set forth in this ordinance.
4.
That all paving or hard -surfacing of such new streets shall.be
of material and workmanship at least equivalent to the following
specifications:
Base of at least four .inches of compacted top soil or stone
with covering of from one -and -one-half to two inches of No.
2 stone penetrated with 0.75 gallons of asphalt per square
yard choked with No. 1 stone and shot again with 0.25 gallons
of asphalt per square yard and sealed with No. 1 stone ands
properly rolled throughout operations.
5.
That no water, sewerage or other utilities shall be constructed
maintained or erected on any new street of the City of Smyrna that
does not conform with the requirements of the within ordinance, nor
shall any other services of said City be furnished the property 6wn4;,ra
ers or residents of such non -conforming new street.
6.
That any person, firm or corporation violating the provisions
of the within ordinance shall be fined upon trial and conviction
thereof, not less than $50.00 nor more than $100.00 for each of-
fense, and for such purpose, each day that a violation occurs or
is continued shall be considered a separate offense hereunder.
7.
That all ordinances in conflict herewith be and the same are
hereby repealed to the extent of any such conflict.
7
Motion by Eugene Rice seconded by Glenn Yarbrough for
City to have auditor to check payroll for years 1950 and 1951 in
regard to statement for over due balance due the Stewart Insurance
Company. Voted unanimous.
Discussion of placing assistant clerk and water department supt.,
under bond. This to be investigated as to a blanket p6licy to take
care of city clerk, assistant clerk and water supt.
Mr. , Marietta brought sample street markers priced app.
$20.00 each for display to the council for display. Letter read
from Lion's Club asking that the city have street markers for all
streets in city. Motion C. M. Hamby seconded by C. C. Terrell to
refer this to -street and sidewalk, Eugene Rice and police chairman,
Harry Mitchell who will together work with city engineers and make
recommendation to next council meeting.- Voted unanimous.,
Petition for water line to be extended on Church Road to South Cobb
Drive brought before Council. Motion by C. M. Hamby seconded by
C. C. Terrell to refer petition to waterworks chairman, Glenn Yar-
brough, Jr., voted unanimous.
Motion by Harry Mitchell seconded by Glenn Yarbrough to pay t15.00
membership dues for Ernest Jones,.chairman tax assessor for 1952 to
be paid to National Association of Assessing officers. Voted u-
nanimous.
■
ore
Motion by C. Me. Hamby seconded by C. C. Terrell to authorize pur-
chase of yellow paint for curbs to made by police chairman; Harry
Mitchell, Jr. Voted unanimous.
Bills read by Mayor and bank balances of accounts given. '
Motion by Eugene Rice seconded by rlarry Mitchell, Jr., to pay bills
subject to -approval of finance committee. Voted unanimous.
City -Attorney ask to draw up ordinance requiring taxi companies to have
meters installed in each taxi cab based on rates of 30¢ for first 2 mi.
and .05¢ for each additional .2 mile.
W. L. Westbrook, plumbing inspector recommend to the council.that a
City of Smyrna code be adopted for the.city to replace the Atlanta
code book now being used. Copies of the proposed code were given to
each councilman to.study. Westbrook also recommend that 75% of plumb-
ing exam fee be divided among the board members and 25% to remain in
the general fundpof the city.
'Motion by C. C. Terrell seconded by Eugene Rice that 75,% of plumbing
exam fee be divided among the board members and 25% remain in the gen-
eral fund. Voted unanimous.
Motion by -Harry Mitchell seconded b C. M. Hamby that master electrical
exam fee be -reduced from $15.00 to 10.00 and that the four who have
taken the exam to date be refunded f5.00 each. Voted unanimous.
Ralph Lewis, Jr. assistant engineer reported that,an estimate had been
made on the cost of sewer line from Stephens to Mann Street to_main_
trunk line to be app. $10,005.00 plus. This to be referred to server
committee for further study.
Motion by C. M. Hamby seconded by �. C. Terrell that Ralph Lewis, Jr.,
refund to the city'all building inspection fee paid to him after Jan.
82 1952. Voted unanimous.
Motion by C. M. Hamby seconded by Harry Mitchell.for City Attorney to
take necessary steps to reclaim money paid to Ralph Lewis, Jr., -for
month of January 1952. Voting for C. M. Hamby, C. C. Terrell, Harry
Mitchell and Eugene Rice. Not voting Glenn Yarbrough. Motion carried.
Motion by C. M. Hamby seconded by Harry Titchell to abolish both supt.
of construction, J. T. Brovm and assistant engineer, Ralph Lewis, Jr.,
jobs as of this date. Voting for C. TR. Hamby, C. rC. Terrell and Harry
Mitchell, Jr. Voting against Eugene Rice and Glenn Yarbrough.
Motion carried.
Motion by Harry Mitchell seconded by C. M. Hamby to hire Ed Perry as
supervisor of Construction and Maintenance at a salary of �100.00 per
week. No vote taken
'GT16hn.-�Yarbrough-fe;e'ommen-d... thatz}City go ahead with zoning property
formerly known as -the Pressley property located on King -Street,
Motion by Eugene Rice seconded by Harry Mitchell, Jr., to advertise
and post property to be zoned for business and set hearing for March
170 19520 7:30 P. M. at the City Hall. Property formerly known as
the Pressley property located at the northwest corner of the inter-
section of King and Stephens Streets fronting app. 300t on Kirig St.,
and app. 130t on Stephens Street. Voted unanimous.
Motion by Harry Mitchell seconded by Eugene Rice to place ad with'
Smyrna Herold. Voted unanimous. Ad attached to these.minutes.
Motion Eugene Rice to adjourn until Monday night March 100 1952, 7:30
P. M. .
Continuation of regular meeting March 10, 1952, 7:30 P.M. J. M. Gibson,
Mayor presiding with the following Councilmen present; C. M. Hamby, C.• C.
Terrell, Eugene Rice, Glenn Yarbrough, Jr. and Harry Mitchell, Jr.
Attorney, Harold S. Willingham present.
F. C. Dabney, Jr. ask Council if sewerage would be available for his
proposed project known as Forrest Hills located beyond end of Lee St.
City Engineer, M. J.,Hensley ask to make survey as to the cost before
a decision to be made, by motion of C. M. Hamby seconded by C. C. Ter-
rell. Voted unanimous.
76
Mr. C. W. Dunbar property owner on South Atlanta Street came before
Council asking that consideration, be, given by the Council for ae.v.,
sewer,=line to be lain on South Atlanta Street from Love Street to
city limits.
Motion by C. C. Terrell seconded by Glenn Yarbrough, Jr., for City
Engineer to make survey as to possibility of laying sewerage line on
South Atlanta St., from Love Street to city limits. Voted unanimous.
Mrs. Beatrice Lowe came before the Council asking that the backs of
filling stations , garages etc which faced Roswell Street be kept
clean. This -appeal referred to C. M. Hamby, chairman of Sanitation.
Mr. McElveen and Mr.'Pob Lewis came before Council in protest to the
:.o str.eets not being patrolled by the policemen, as much as they
thought they should be to give adequate protection to the citizens.
Mayor Gibson suggests an extra man be hired as combination night
policeman and fireman at a salary of app $175.00,per month which
would also reduce the fire rates of citizens with their insurance
'companies. . .
Motion by Harry Mitchell.seconded by Glenn Yarbrough, Jr. to accept
applications for combination policeman and fireman job. Voted u-
nanimous.
Upon motion of C. M. Hamby and seconded by C. C. Terrell the follow-
ing ordinance was unanimously adopted:giving a ten day notice to the
taxi companies:
7 ORDINANCE DECLARING THAT A LICENSE FOR THE OPERATION QF
A TAXICAB ON THE STREETS OF THE CITY OF SMYRNA.IS.A
PRIVILEDGE LICENSE, FIXING RATES THAT MAY BE CHARGED BY
TAXICABS DULY LICENSED IN THE CITY:•REQUIRING ALL LICENSED
TAXICABS TO HAVE PRESCRIBED METERS, ETC.
.WHEREAS, due to the expanded corporate limits of the City
of Smyrna, the duly licensed taxicab operators in said City have
applied unto.the Mayor and Council for an.investigation of the
rates now being charged and for the establishment of rates in the
new corporate areas of the City; and
WHEREAS, the.Mayor and.Council did receive such application
and did appoint a committee composed of Councilmen Hamby and Yar-
brough to investigate the matter and to make recormmendations unto
the Mayor and Council concerning same; and it
WHEREAS, said committee of councilmen has made an investigation
as aforesaid and has recommended to Council that all licensed.taxi'*
cabs in the City be required to have meters and that rates be a'stab=is-rod
lished for transporting passengers of Thirty (0.30) Cents for the
first half -mile and of Five ($0.05) Cents for each additional Two -
Tenths (0.2) of a mile;
a
NOW, THEREFORE, Be it ordained by the Mayor and Council of the
City of Smyrna and it is hereby ordained by authority of same;
1.
That the operation of a taxicab or a motor vehicle for hire
upon the streets of the City of Smyrna is hereby declared to be
a privilege, and only such persons, firms or corporations having
a license from the City of Smyrna shall be authorized to operate
taxicabs, or other vehicles for hire upon the streets of the City
of SmyrnaQ,
2.
That such license for the operation of taxicabs or other
vehicles for hire upon the streets of Smyrna shall be granted by
the Mayor and Council of the City -of Smyrna on such terms and con-
ditions and upon the payment of such fees as shall be -from time to
time prescribed by the Mayor and Council of the City.
Mr. Trilarold Idil.lin?ham in his capacity as Attorney for the Cobb County -
Marietta Water Authority presented to the meeting a proposed amendment to the
contract of April 2., 1952, between the Cobb County -Marietta 'dater Authority and
the City of `'znyrna., such contract providing for the Authority to furnish the
entire water requirements of the City, and the City to purchase its entire water
requirements from the.Authority for a period of thirty years from the aforesaid
date of execution on terms and conditions as in detail set forth in such contract.
Mr. Willingham said that the purpose of the amendment he was submit
to the .meeting was to extend such contract for an additional period of twenty
years, that is, to make it effective in all particulars for a period of fifty
years from its date, this being the maximum period authorized by law for a
contract of this -nature.
Continuing, Mr. WillinF inc
reas-
ing said that because of tremendously creas-
ing demands for water by the customers of the Authority, including, the "ity of
Smyrna, that it had. become necessary for the Authority to double its present
water producing facilities in order to meet the ir-imediate and future contem-
plated demand for water by its customers, and to do so the Authority must issue
additional relrenue bonds to finance such expansion. Continuing further, Mr.
Willingham stated that the revenue bonds now pro -posed to be issued by the
Authority for the aforesaid expansion would mature over a thirty-year period
from the date of their issue in 1957, and that since the aforesaid contract and
similar ones with the other customers of the Authority were the basis of the
security for the outstanding bonds of the Authority and would be for the newly
contemplated bonds of the Authority, that it would be necessary that such con-
tracts be extended at least until the last naturity date of the new bonds to be
issued in order for same to be marketable.
Mr. Willinghan, stated that the Authority had approved a twenty-year
extension of the contract,rather than a five or six -year extension which would
be adequate at the moment., for the reason that it will be necessary for the
Authority to issue additional bonds from time to time in the future for addi-
tional expansions of the system, and therefore by extending the contract for
the full period allowable, it would not in the future be necessary to extend
same from time to time at the time of each new bond. issue of the Authority.
T --illingham proceeded to reaO in full
With the above explanation Mr. ;.
the proposed amendment extending the period of the original contract of April 2.,
1952, as aforesaid. At the conclusion of such reading, a general discussion
concerning same ensued -and it was the consensus of all present that it, was in
the best interests of the City of Smyrna that the contract with the Cobb County -
Marietta Water Authority be extended for -a period of twenty years so that the
Authority could obtain the additional financing needed to expand its facilities.,
which expansion would. in turn insure the City of '.BVrna an adequate supply of
water during both the tempi of the original contract and, such extended term of
twenty years.
Wh
ereupon, on motion by Councilman Johnson seconded by
Councilman Sonenberg , the following resolution was duly and legally adopted:
CD
KP701VI'D, That the City of 8--Wrna enter into an agreement to extend
for a period of twenty years the contract of April 2., 1952, between the
City and the "'obb County -Marietta Water Authority, such extension agreement
to be in form and substance as submitted to the within meeting by the
Attorney for the Cobb County -Marietta Water Authority.
RESOLVFP FLIRT ER, That the I -Mayor be and he is hereby authorized and
directed to execute the aforesaid agreement for and on behalf of the City,
and. the Clerk of the Mayor and Council be and she is hereby authorized
and directed to attest such signature of the ?Mayor and to affix the City
seal thereto, and that a conformed copy
of such agreement when duly and
properly executed by both parties thereto, be spread -upon the minutes of
the within meeting at the end thereof and made a part thereof by this
reference thereto.
71
3.
That any such license issued may be revoked by the Mayor and
Council of the City of .Smyrna at any time for cause or reasons
seeming unto the said Mayor and Council in their uncontrolled dis-
cretion to be sufficient to cause such revocation.
4.
. That any person,.firm or corporation granted a license to 0-
operate a taxicab or other motor vehicle upon the streets of
Smyrna for hire shall not at any time or for any cause charge
rates in excess of the following:
Thirty ($0.30) Cents for the first half -mile -that a passenger
or passengers are transported and Five ($0.05), Cents for each
additional Two -Tenths (0.2) of a mile that such passenger or,
passengers are transported on any one trip.
5.
r
That any person, firm or corporation granted a license to
operate a taxicab or other motor vehicle upon the streets of
Smyrna for hire shall have affixed to each such taxicab or motor
vehicle to be so operatedoon the streets of Smyrna, a meter so
as to properly register at all times the.fees and tolls to be
charged.as fixed above. And all persons, firms or corporations
presently having a license to operate a taxicab or'motor vehicle
on the streets of Smyrna for hire shall have ten (10) days in
which to comply with this provision of the within ordinance.
6.
T �ny person, firm or corporation violating the provisions
of the �`ithin ordinance shall be fined, upon trial and conviction
thereo not less than50.00 nor rr�ore than100.00. preach offense
�k • k w
and for such purpose, each day that a violation occu4s�#br is con-
tinued shall be considered a separate offense hereundQr4
7.
That all ordinances in conflict herewith be and the same are
hereby repealdd to the extent of any such conflict.
----------------------
Mr. Bob Lewis stated to council that the water drainage on Hughes
was not adequate. The Co u` 5 also discussed the drainage of water
from alley back of the 206 . o'ck on Atlanta St. S.
Upon suggestion of checking'on specifications of street paving
ordinance by Art Prichard, Councilman Yarbrough was ask to con-
tact R. F. Holahan as to same.
Application of Alonzo F. Fields, Jr. for veterans license filed
at state department of revenue read. City Attorney Willingham
advised the Council Mr.'Field.s would be entitled�to be issued
license from the city at no charge.
t
Glenn Yarbrough, chairman zbning and planning committee reported
that the committee had met and did not recommend zoning the pro-o
posed Walker project to be located on Corn Road (across creek),
and were referring back to'Council for further action.
Mayor Gibson ask that he and Mr. Yarbrough act as a committe to
discuss matter with Mr. Walker and also investigating if the com-
templated project is to be white or collored Committee to go
before the V A builders requesting that white projects only de-
sired iri the' city 11mits.
Motion by C. M. Hamby seconded by Harry Mitchell, Jr. to install
new light (600W) at intersection of King and Church Sts., move old
light to Fuller Street and install new (6001Y) light at intersection
= of Concord and Pine Sts. Voted unanimous.
72
Motion by C. C. Terrell seconded by Harry Mitchell, Jr., for
former building inspector Ralph Lewis-, Jr.- to refund- 208.00
to City (2 inspection fee of 104 units of Belmont Hills) to
be paid to present building inspector, Bob Taylor upon final
inspection of this project, thibefigneementz?made between Bob
Taylor and Ralph Lewis, Jr. and agreed by Council. Voted u-
Yianimau's : ^ , '� , �` � �: _, v i.''_ .., t, ,_• L r r• �,, -, �,-
tia
Motion by C. C. Terrell seconded by Glenn Yarbrough that renewal
of master plumbers cards shall be $3.00.. Voted unanimous.
Meetin�j�adj ned.
�`/
M.• Gibson
C. M. Hamby
o%
City Clerk
Eugene Rice
Glenn Yarbrough, Jr.
THE SMYRNA HERALD
I EGAL NOTICE
any interest in same are�h� �
a' ice. is hereby given that ap-
,_ ,.
notified to be and appear at" the
c ti "has been made by Ralph
aforesaid public hearing and .to
I G!."Lewis, Jr., to zone the follow-
then and there present same.
3ng described property from re;
(Signed) Mayor and Council
3dence to business. I
, City of Smyrna
A certain lot known as the W.
IId. Pressley property located at
I the northwest corner of the inter-
section of King and Stephens
,Streets fronting approximately
.300 feet on King St. and 130 feet
4on Stephens St.
Public hearing on such applica-
-tion will be held before the Ma-
yor and Council of the City of
Smyrna at the City Hall ' f sai
I
City on Monday evening, Mara
117, 1952, at 7:30. P. M.
All persons or parties
The Mayor and Council held a special meeting at the City Hall
for the purpose of a public hearing on the zoning for business
property formerly known as the W. M. Pressley lot on King and.
Stephens Sts., March 170 19520 7:30 P. M.
Mayor Pro-tem C. M. Hamby, presiding with the following Council-
men present, Glenn Yarbrough, Jr., Harry Mitchell, Jr., C. C.
Terrell.
By consent of the council Mr. C.. T. Osborn came before the
Council -in regard to contractors license he had been ask to
take out before a building permitnwould be issued him. This
referred for a special meeting of the Mayor and Council.
After lengthly discussion it was agreed by all parties present
to zone the described property of Ralph G. Lewis, Jr:, located
on King and Stephens Sts., for business.
C$ -