09-04-1951 Regular MeetingAt a regular meeting of the Mayor and Council of Smyrna held at seven -
thirty P. M. on the 4th day of September, 1951, at the City Hall, the following
ordinance was introduced by Councilman John Collier and seconded by Councilman
Stanley McCalla,
WHEREAS, Section 64 of the new charter of the City of Smyrna (Georgia
Laws 1931 - pages 982 and 983) which section has not been altered, amended or
repealed in any manner and is now in full force and effect, provides in part,
"that no sidewalk, street, alley, or other place shall be paved, repaved, or
improved, until the passage of an ordinance authorizing the same, and no such
ordinance shall be passed unless the mayor and council shall have first been
petitioned in writing to pave, repave, or otherwise improve the same, by a
majority of the persons, companies, or corporations, 'or the owner or owners of
a majority of the front footage of abutting property' subject to assessment for
the cost of paving, repaving, or otherwise improving the sidewalk, street,
avenue, public alley, public place or portion thereof proposed to be paved or
repaved;" and
WHEREAS, at a regular meeting of the Council held at seven -thirty P.M,,
on the 4th day of September, 1951, a petition was presented to the Mayor and
Council signed by four (4) property owners of the city residing on Marston Street
in said city, being a majority of the owners of property on Marston Street, or
owning a majority of the front footage of property in the city abutting on
Marston Street, as above described; and
WHEREAS, in said petition the Mayor and Council are requested to pass
an ordinance requiring the paving of a portion of utarston Street in the City of
Smyrna, to advertise the introduction of said ordinance and to mail notices of
the same to all persons owning property fronting on either side of Marston Street,
to set a date for hearing objections to such ordinance, to subsequently pass an
assessment ordinance giving the requisite statement to abutting owners on said
street and to do any and all things necessary as required by law and by the
charter of said city to legally accomplish the paving of said street;
NOW, THEREFORE, be it ordained by the Mayor and Council of the City of
Smyrna, and it is hereby ordained by authority of same;
14 That a portion of Marston Street in the City of Smyrna, being a
distance of approximately 400 lineal feet from the intersection of Marston Street
and Gilbert Street in a westerly direction to the right of way of the Western &
Atlantic Railroad in the City of Smyrna, be paved in a uniform width of
eighteen (18) feet of asphalt paving with clay bound base, with one -and -one-half
to two inches of No, 2 rock 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 3'mI%I and sealed with No. 1 stone and properly rolled throughout operations.
2. That the Mayor of said City is authorized and empowered to engage
an engineer to prepare the proper plans and specifications of the above improve-
ments herein proposed to be made, and that said Mayor be authorized after legal
and proper advertising of same, to let a contract for and in behalf of the City
for the erection of such proposed improvements.
That the Mayor and Council estimate the cost of such improvements from
the best information available at this time based on various discussions with
contractors and others having technical knowledge of the cost involved to be
approximately One & 30/100 (�1,30) Dollars per lineal foot of such improvements
and being as above set forth approximately 400 lineal feet of paving to be
erected, the total estimated cost therefore for the complete job, being $520-00.
Such estimated costs as above set forth being esti:,i ted to be ` ,65 per front
foot of property in said city abutting on Uarston Street, on the north and south
sides thereof.
4* That when said improvements are completed an ordinance shall be
passed assessing the total cost of same including engineering and supervision
expenses against the owners of the property on said street$ as provided in Section
66 et seq. of the new charter of said city -(Georgia Laws 1931, page 983, et seq.).
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5. That before the passage of this ordinance a public hearing regarding
same shall be held at a meeting of said Mayor and Council; and it is hereby
ordered that such said public hearing shall be held before said Mayor and Council
on the lst day of October, 1951, at seven -thirty o1clock P. M� That all property
owners and other persons interested therein are directed and notified to appear
at such hearing and make any objection they may desire to urge against the
passage of this ordinance.
b. That pending the consideration of this ordinance by the Mayor and
Council, an advertisement shall be posted in three (3) public places in said
City, to -wit: the City Hall, the Post Office and the Bank of Smyrna, the City
Hall and Bank of Smyrna being located on I'Alanta. Street in the City of Smyrna,
and the Post Office being located on West Spring Street in the City of Smyrna,
giving notice of the introduction and pendency of this ordinance. Such adver-
tisement shall state the name of the street to be improved and paved, the nature
of such contemplated improvements and the estimated cost per front foot of same.
Such advertisement shall further set forth that the property owners or others
interested are notified to appear at a meeting of the said 1hyor and Council to
be held on the lst day of October, 1951, in the City Hall of said City at seven -
thirty o'clock P. 14.; and make any objection that they may desire to urge
against the passage of this ordinance.
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The regular meeting of the Yayor and Council was held at the City
Hall September 4, 1951, 7:30 P. M. Mayor J. M. Gibson, presiding
at the meeting with the following Councilmen present: H. L. McEntyre,
Stanley McCalla, Howard Hames, C. W. Jones and John Collier.
City Attorney, Harold Willingham and City Engineer, M. J. Hensley,
present.
Minutes of previous regular and special meetings read.and approved
as read.
came before Council
Mr. B. A. Guthrie/in regards to the latest city limit survey includ-
ing a portion of his property within the city limits which heretofore
had not been declared in the city. Mr. Guthrie was asked to check
with an insurance company as to the benefits to him by being declared
in the city limits.
Bills read by the Mayor. Motion by Councilman John Collier and
seconded by Councilman H. L. McEntyre to pay bills as read. Voted
unanimous.
Motion by Councilman Howard Hames seconded by Council S. H. McCalla,
for City using water from two springs located on property of J. M.
Gibson, City to furnish water to J. M. Gibson free of charge for use
of J. M. Gibson's pumps until County system has ample supply for City
at which time City to have pumps put back in good condition. Voted
unanimous.
Police chairman, Councilman Collier gave the resignation of T. M.
Walraven, effective August 310 1951.
Councilman Collier madei, .-motibhr:t former Chief J. C. Hardy be employ-
ed to take the place of Chief, seconded by H. L. McEntyre. Voting
for, Councilmen Collier, McEntyre and McCalla. Voting against,
Councilman Jones. Not voting, Councilman Hames. Motion carried.
Motion by Councilman John Collier and seconded by Councilman mcFntyre
to retain the services of D. h. Jones in his capacity as plain clothes
officer. Voted unanimous.
An ordinance was introduced by Councilman John Collier and seconded by
Councilman Howard Hames providing that Reed Street, in the City of
Smyrna, shall be paved. Copy of said ordinance attached to these
minutes and made a part thereof.
Move for adoption of sections 5, 6, and 7 of ordinance for the paving
of Reed Street by Councilman John Collier and seconded by Councilman
Howard Hames. Voted unanimous.
An ordinance was introduced by Councilman John Collier and seconded
by Councilman Howard Hames providing that Elizabeth Street, in the
City of Smyrna, shall be paved. Copy of said ordinance attached to
these minutes and made a part thereof.
Move for adoption of sections 5, 6, and 7 of ordinance for the paving
of Elizabeth Street by Councilman John Collier and seconded by Council
man Howard Hames. Voted unanimous.
On motion by Councilman John Collier seconded by Councilman H. L. Mc-
Entyre the following ordinance -was unanimously adopted:
Pine Street - Paving Assessment Ordinance
.WHEREAS, the paving and improving of the whole of Pine Street
in the City of Smyrna, being a distance of approximately 823.5 lineal
feet from the western intersection of Pine Street and Concord Road in
the City of Smyrna, to the eastern intersection of Pine Street and
Dunn Street in the City of Smyrna, has been completed pursuant to the
Act of the General Assembly of 1931, embodying a new charter for the
City of Smyrna (formerly Town of Smyrna), approved August 27, 1931
(Georgia Laws 1931, pages 955-988). and under and by virture of the
adoption of an ordinance introduced after the filing of a petition with
the Mayor and.Council for such paving and improvement, by a majority of
the persons, companies and corporations subject to assessment for the
cost of such paving and improvement, and
WHEREAS, the cost of such paving and improvements to the abutters
as provided in said Act, is ,$1,049.92.
THEREFORE, be it ordained by the Mayor and Council of the City
of Smyrna, and it is hereby ordained by the authority of the same:
That each abutting owner, subject to the cost of such pavement and
improvements under_ the provisions of said Act, is hereby assessed the
amount of the pro rata part of such ov.ner of said sum of Ol,049.92, to
be determined by the amount of the frontage of such owner on said street,
and by the provisions of said Aot, and a lien is hereby asserted upon each
portion of the property abutting upon said street for the amount of the
assessment, determined under and by the provisions of said Act, against
the owner thereof, to date back to the approval.of the passage of the
ordinance for said paving and improvement; and said lien. is hereby de-
clared from the date of said ordinance which was passed n the 4th da;
of June, 1951.
Passed this 4th day of September, 1951.
Upon motion by Councilman John Collier seconded by Councilman H. L.
McEntyre the following ordinance was unanimously adopted:
GILBERT STREET - PAVING ASSESSMENT ORDINANCE
WHEREAS, the paving and improving of the whole of Gilbert St
in the City of Smyrna, being a distance of approximately 1,797.5
lineal feet from the southern intersection of Gilbert Street and F
Roswell Street in the City of Smyrna, to the northern intersection
of Gilbert Street and Hawthorne Street in the City of Smyrna, has
been completed pursuant to the Act of the General Assembly of 1931,
embodying a new charter for the City of Smyrna (formerly Town of
Smyrna), approved August 27, 1931 (Georgia Laws 1931, pages 955-
988), and under and by virtue of the adoption of an ordinance intro-
duced after the filing of a petition with the Mayor and Council for
such paving and.improvement, by a majority of the persons, companies
and corporations,subject to assessment for the cost of such paving
and improvement; and
WHEREAS, the cost of such paving and improvements to the
abutters as provided in said Act, is $12833.32.,
THEREFORE, be it ordained by +the Kayor and Council of the
City of Smyrna, and'it is hereby ordained by the authority of
the same: That each abutting owner, subject to the cost of such
pavement and improvements under the provisions of said Act, is
hereby assessed the amount of the pro rata part of such owner of
said sum of $11833.32 to be determined by the amount of the frontage of
of such owner on said street, and by the provisions of said Act,
and a lien is hereby asserted upon each portion of the property
abutting upon said Street for the amount of the assessment, deter-
mined under and by the provisions ,of said Act, against the owner
thereof, to date back to the approval of the passage of the ord-
inance for said paving'and improvement; and said lien is hereby
declared from the date of said ordinance which was passed on the
4th day of June, 1951.
Passed this 4th day of September, 1951.
on motion by Councilman John Collier seconded by Councilman H. L.
McEntyre the following ordinance was unanimously adopted:
HAMBY STREET - PAVING ASSESSMENT ORDINANCE
WHEREAS, the paving and improving of the whole of Hamby Street
in the City of Smyrna, being a distance of approximately 540.5 lineal
feet from the northern intersection of Hamby Street and Powder Springs
Street in the City of Smyrna, to the southern intersection of Hamby
Street and Bank Street in the City of Smyrna, has been completed
pursuant to the Act of the General Assembly of 19310 embodying a new
charter f ort-1 the City of Smyrna (formerly Town of Smyrna) , approved
August 27, 1931 (Georgia Laws 1931, pages 955-988), and under and by
virtue of the adoption of an ordinance introduced after the filing
of a petition with the Mayor and Council for such paving and im-
provement, by a majority of the persons, companies and corporations
subject to assessment for the cost of such paving and improvement; a
and
WHEREAS, the cost of such paving and improvements to the abutters
as provided in said Act, is 0550.99. -
85=
ThTEREFORE, be it ordained by the Mayor and Council of the City
of Smyrna, and it is hereby ordained by the authority of the same:
That each abutting owner, subject to the cost -of such pavement and
improvements under the provisions of said Act, is hereby assessed the
amount of the pro rata part Qf such owner of said sum of $550.99, to
be determined by the amount of the frontage of such owner on said st. ,
and by the provisions of said Act, and a lien is hereby asserted upon
each portion of the property abutting upon said Street for the amount
of the assessment, determined under and by the provisions of said Act,
against the owner thereof, to date back to the approval of the passage
of the ordinance for said paving and improvement; and said lien is
hereby declared from the date of said ordinance which was passed on the
4th day of June, 1951.
Passed this 4th day of September, 1951.
On motion by Councilman John Collier seconded by Councilman H. L. Mc-
Entyre the following ordinance was unanimously adopted:
HUNTER STREET - PAVING ASSESSMENT ORDINANCE
WHEREAS, the paving and improving of the whole of Hunter Street
in the City of Smyrna, being a distance of approximately 615 lineal
feet from the western intersection of Hunter Street and Dunn Street
in the City of Smyrna, to the eastern intersection of Hunter Street
and Concord Road in the City of Smyrna, has been completed pursuant
to the Act of the General Assembly of 1931, embodying a new charter
for the City of Smyrna (formerly Town of Smyrna), approved August 27,
1931 (Georgia Laws 1931, pages 955-988), and under and by virtue of
the adoption of an ordinance introduced after the filing of a peti-
tion with the Mayor and Council for such paving and improvement, by
a majority'of the persons, companies and corporations subject to'
assessment for the cost of such paving and improvement; and
WHEREAS, the cost of such pavin and improvements to the
abutters as provided in said Act, is gp705.32.
THEREFORE, be it ordained by the Mayor and Council of the City
of Smyrna, and it is hereby ordained by the authority of the same:
That each abutting owner, subject to the cost of such pavement and
improvements under the provisions of said Act; is hereby assessed the
amount of the pro rata part of such owner of said sum of 705.32, to
be determined by the amount of the frontage of such owner on said st ,
and'by the provisions of said Act, and a lien is hereby asserted upon
each portion of the property abutting upon said Street for the amount
of the assessment, determined under and by the provisions of said Act,
against the owner thereof, to date back to the approval of the passage
of the ordinance for said paving and improvement; and said lien is
hereby declared from the date of said ordinance which was passed on the
25th day of July, 1951.
Passed this 4th day of September, 1951.
On motion by Councilman John Collier seconded by Councilman H. L. Mc-
Entyre the following ordinance was unanimously adopted:
MEDLIN STREET - PAVING ASSESSMENT ORDINANCE
WHEREAS, the paving and improving of the whole of Medlin Street
in the City of Smyrna, being a distance of approximately 1,200.5 lineal
feet from the western intersection of Medlin Street and Dunton Street in
the City of Smyrna, to the eastern intersection of Medlin Street and
Concord. Road in the City of Smyrna, has been completed pursuant to the
Act'of the General Assembly of 1931, embodying a new charter for the
City of Smyrna (formerly Town of Smyrna) , approved August 27, 1931
(Georgia Laws 1931, pages 955-988), and under and by virtue of the
adoption of an ordinance introduced after the filing of a petition with
the Mayor and Council for such paving and improvement,.by a majority of
the persons, companies and corporations 'subject to assessment for the
cost of such paving and.,.improvement; and
WHEREAS, the cost of such paving and improvements to the abutters
as provided in said Act, is $1,490.58.
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THEREFORE, be it ordained by the Mayor and Council of the City
of Smyrna, and it is hereby ordained by the authority of the same:
That each abutting owner, subject to the cost of such pavement and
improvements under the provisions of said Act, is hereby assessed the
amount of the pro rata ,part of such owner of said sum of $1,490.58, to
be determined by the amount of the frontage of such owner on said st.,
and by the provisions of said Act, and a lien is hereby asserted upon
each portion of the property abutting upon said Street for the amount
of the assessment, determined under and by the provisions of said Act,
against the owner thereof, to date back to the approval of the passage
of the ordinance for said paving and improvement; and said lien is
hereby declared from the date of said ordinance which was passed on the
4th day of June, 1951.
Passed this 4th day of September,1951.
On motion by Councilman John Collier seconded by Councilman H. L. Mc-
Entyre the following ordinance was unanimously adopted:
WALKER COURT - PAVING ASSESSMENT ORDINANCE
WHEREAS, the paving and improving of the whole of Walker Court
in the City of Smyrna, being a distance of -approximately 556.5 lineal
feet from the southern intersection of Walker Court and Spring Street
in the City of Smyrna, to the northern intersection of Walker Court
and Walker Street in the City of Smyrna, has been completed pursuant
to the Act of the General Assembly of 1931, embodying a new charter
for the City of Smyrna (formerly Town of Smyrna) , approved August 27,
1931 (Georgia Laws 1931, pages 955-988), and under and by virtue of
the adoption of an ordinance introduced after the filing of a petition
with.the Mayor and Council for such paving and improvement, by a
majority of the persons, companies and corporations subject to assess-
ment for the cost of such paving and improvement; and
WHEREAS, the cost of such paving and improvements to the abutters
as provided in said Act,'is $567.72.
THEREFORE, be it ordained by the Mayor and Council of the City
of Smyrna, and it is hereby ordained by the authority of the same:
That each abutting owner, subject to the cost of such pavement and
improvements under the provisions of said Act, is hereby assessed the
amount of the pro rata part of such owner of said sum of $567.72, to be
determined by the amount of the frontage of such oviner on said street
and by the provisions of said Act, and a lien is hereby asserted upon
each portion of the property abutting upon said Street for the amount
of the assessment, determined under and by the provisions of said Act,
against the owner thereof, to date back to the approval of the passage
of the ordinance for said paving and improvement; and said lien is
hereby declared from the date of said ordinance which was passed on the
4th day of June, 1951.
Passed this 4th day of September, 1951.
Motion by Councilman C. W. Jones seconded by S. H. McCalla to purchase
for Fire Dept., refills for two extinguishers, ladder extension app.
%60.00, 2001 3" hose and an extension limb trimer. Voted unanimous.
Councilman Jones stated the need for anfire plug to be located on Morris
Court. Mayor Gibson ask that Fire committee investigate this matter
and report'be given at the next meeting.
Mayor Gibson appointed Councilman S. H. McCalla to serve as a repre-
sentative from the Council on the Kindergarten board of Directors.
Kindergarten sponsored by the Pre -School Association.
Motion by Councilman Howard Hanes seconded by Councilman S. H. McCalla
to purchase new sanitary onllection unit to be mounted on Studerbaker _
truck at a cost of $3,521,00. Purchase to be made From Decatur Truck
and Equipment C., Inc., Tand3to be paid for from Waterworks and Sewerage
Revenue Fund. Voted unanimous.
Councilman Howard Hanes recommend the purchase of a new water tank.
Mayor Gibson ask the Water committee to meet and investigate the need
of a new tank and report to be give attthe next meeting.
Meeting adjourned.
• • •• � - Clerk
lao
MAYOR12
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A special meeting of the Mayor and Council was held at the City Hall
September 25, 1951, 7:30 P. rrt. Mayor J. M. Gibson, presiding with
the following councilmen present: H. E.. McEntyre, Howard Hanes,
S. H. McCalla, C. W. Jones and John Collier.
City Attorney, Harold Willingham present,: T n 1no E;r
Purpose of meeting regarding city limits extensions.
Motion made by S. H. McCalla seconded by John Collier, that City of
Smyrna agrees to take Bennett and Wilson property in city limits.
Voted unanimous. ---,
Motion by S. H. McCalla seconded by Howard Hanes, that City of Smyrna
accept the conveyance of Spring Street -right-of-way from the present
city limits to Red Feather Farm. Voted unanimous. ,
Motion made by S. H. McCalla seconded by Howard Hanes, Council agrees
to adopt plan for appropriation up to ��300.00 -each for survey for two
(2) disposal plants. Voted unanimous•.
Motion by S. H. McCalla seconded by Howard Hanes to giving Chamber of
Commerce permission to use office space in City store house until a -
rrangements for a permanent place is made. Voted unanimous.,
Motion by S. H. McCalla seconded by Howard Hanes to purchase a two (2)
ton truck to be paid for from the Construction Fund. Howard Hames,
H. L. McEntyre, and Mayor J. M. Gibson to serve on committee to make
purchase of truck. Voted unanimous. �,-
Motion by S. H. McCalla seconded by John Collier to pay J. M. Gibson,
for full time Superintendent.of Construction work until end of this
.year at a salary of $100.00 per week. This action effective 0•ct. 1,
1951, AHa salary to be paid from the Construction Fund,
C. W. Jones walked out of meeting in protest of motion before vote
is taken.
Voting for, H. L. McEntyre,•S. H. McCalla, Howard Hanes and John Collier.
Motion carried.
Motion by S. H. McCalla seconded by Howard Hanes to reduce Mayor's
salary back to $60.00 per month as set up first of this year. This
action effective beginning October 1,, 1951. Voted unanimous.
Meeting adjourned. +
Mayor ..
l� C
Clerk