08-28-1953 Special Meeting13
A special meeting of the Mayor and Council was held at the City
Hall August 28, 1953s 7:45 PM* Mayor Protem H.L. McFntyre presiding
with the following Councilman present. G.R. Yarbrough, Harry Mithhell
John Collier and C.M. Hamby,
Motive Application by B.F. Reed, Jr. to Zone Property on Marston
Street from Residence to Industrial.
A Lenght,y discussion was given by B.F. Reed, Jr. and the property
o°. ners to be effected by the rezoning.
Motion by C.M. Hamby, seconded by Harry Mitchell that the request
of B.F. Reed Jr. be declined. Voting unanimous.
Motion by C.M. Hamby, Seconded by John Collier to adjourn.
J
Meet g Adjo ned.
ayor l, uw N. Duncan er , HeT7en a .. w n
Cbunci .mm , H.L,/Mcnityre'-
un ,Harryjvirhe71
ouncx , Glenn Yairou-&
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ounc, an,
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Collier
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,
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Councilman, Mayes H
teen is hereby given that a0pl
Jr.Peen made by B. F. Reed, . to zo
*]lowing described property from r
i to business. A certain plot of Ian '
'n as the B. F. Reed, Jr. property to
on Marston Street app. 27b
age and all B. F. Reed, Jr. PropertW
back of Marston Street.
bIic hearing on such application wi�
!Id before the Mayor and Council o
]ity of Smyrna at the City Hall o p.
city on Monday evening September 28,"
;t 7:45 p.m.
Persons
having interest in same are
! notified to be and appear at th
laid public hearing and to then an
'present some.
SIGNED —Mayor wind Council
City of Smyrna
9:17-24 .
IL
,65%mUrna &vrgia
(94antb rr o
A BUSINESS AND COMMUNITY ASSISTANT FOR SMYRNA AND SOUTH COBB COUNTY, GEORGIA.
IF HAPPY, TELL OTHERS; IF TROUBLED, TELL THE CHAMBER OF COMMERCE.
SMYRNA, GEORGIA
Mayor and Council,
S-g rna, Georgia.
Gentlemen;
August 15, 1953
I am writ ing this letter as an individual citizen of Smyrna and
not in any official capacity as Secretary of the Chamber of Commerce or
of herwis a .
i purpose in writing is to call attention: to and to protest
against what I consider to be a great injustice that is being worked i1-i a
case that has recently been called to my attention. The injustice results
froni the application of certain provisions of an ordinance adopted 1by the
Mayor and Council of Smyrna with reference to the maintenance of trailers
upon one's oval land.
The facts as reported to me in the case referred to are that an
intelligent, highly respected resident of the community, a man wino occu-
pies an :rportant supervisory position in a earby defense plant, has re -
Gently purchased a subst ant ial home in Smyrna, and, among other personal
\`property that belongs to him, he owns an expensive, high-grade trailer,
vrhich he parks upon his ovra property when the trailer is not in use.
The only occasions when lie or his family use the trailer are
%men it is driven on occasional trips to Florida or other places beyond'
t _7e bo,,daries of Smyrna. At all other tines the trailer is put to no
use whatever while parked here upon his own real estate.
By reason of cer*t ain provisions of the above -mentioned ordinance,
the party -referred to has been served with notice, as I understand it, that
he must move his trailer beyond Smyrna's city limits.
The pertinent provisions of the ordinance that are working unwar-
ranted hardship in this case read as follows:
"WHERTUS, the maintenance of trailers or trailer camps within the
corporate limits of the City of Smyrna, because of sanitary and other de-
ficiencies regarding same are, and are hereby determined to be injurious to
the welfare and endangering to the heath. of the citizens of the City of
Smyrna; and
'TrCiRMAS, it has been the experience of the Kayor and 'Council of
the City of Smyrna that where trailero have been pexfnitted to be parked in
the City of Smyrna that were not ostensibly utilized for living purposes,
same have in fact been surrept it iously utilized for living purposes and
- 2-
for i.:iimoral purposes, all to the detrimaent of the health, welfare and mor-
als of the City of Smyrna;
It x x x x x x x x
1140W, THE?3EFORE, BE IT ORDAVED by the Mal or ancP.Council of the City
of Smyrna, and it is hereby ordained as follovrs:
"1. That on and after the expiration of thirty (30) days from
the date of the adoption of the within Ordinance, no person, firm or cor-
poration shall maintain or operate a trailer camp, or park or maintain a
trailer within the corporate limits of the City of Myrna for any purpose
whatsoever.
112. That for each violation of the within Ordinance, upon con-
viction thereof, a fine of not less than Ten (10.00) Dollars, nor more
than Or:--e Hundred (�100.00) Dollars shall be imposed, and provided further'
that each day's violation of the within Ordinance shall be and is hereby
defined to be a separate offense hereunder."
To me as an individual citizen, the above -quoted provisions malice
about as much sense as if the lard said that because, in some cases, people
have surrept it iously sneaked up behind other persons in the dark and snuffed
out their lives by hitting them on the head with a hawser, it sham' be unlaw-4
ful for any person in Smyrna to keep a hammer on his own property.
Or, because k:ives are sharp instr=ents and have at times been
surreptitiously used to stab people -to death, it shall be uinlwuful for any
person living in Smyrna to keep a knife in his own home.
I believe all intelligent persons will agree that the mere ovaner-
ship of a trailer ad the storing of it on one's o;r.i property when the trail-
er is not in use cannot, by any stretch of the Liagination, be construed as
being detrimental to the health, welfare and morals or Smyrna or any other
cit .
Rather, it is from a determination of the use to which personal
property, including trailers, is put that one must determine w1lether such
use is detrimental to a corxmunity Is health and general welfare, and not
from the fact of ,-ere possession of such property.
In my personal opinion, the ordinance as presently vaorded is
grossly unfair, fun.danontall,r_ unsound, and absolutely vnconst ittttional
from several different angles.
It seems to me also that it is against the public interest in
that such provisior_s, if followed to their logical conclusions, would
have endency to discourage the pt chase of trailers, thereby restraining
trade tic: that particular field, and epriving people of those possessions
`r every no real
and enjoyments .ah-ich are the natural desire of practically e
being.
- 3-
IF I surreptitiously kill some one arit h a hammer or knife, and it
is proved by the evidence that I did so, I would expect to be arrested, in-
dicted, tried and punished, according to the provisions of laws applicable
to such offenses.
However, to say* that BWAUSE an item or personal property has been
surreptitiously used by others for the commission of crime, it shall be un-
latifvl for me to possess personal property of that sort, or to store such;
property on my own land, is, as I see it, assuming an arbitrary and uzirea-
sonabl e attitude toward t h2t great majority of the public 'rho are not given
to violating laws and have no desire or intention of so doing. One might
as well say that, because some people have broken la'.s and committed crimes,
everybody is a criminal.
In my opinion, j ust.ice and fair treatment to all embers- of the
cormunity demand that the enforcement of the lava as presentrorded be im-
mediately suspended until it has been appropriately amended to el iminat e
its tmfair and iniquitous provisions, and I hope that you will see fit,
therefore, to take prompt and appropriate steps to re:ned:;T the present un-
satisfactory situation. ,
Sincerely. ,�'")
141
OATH OF REGISTRARS
We, and* each of us do solemnly swear that we will faithfully
and impartially discharge to the best of our ability the duties
imposed upon us by law as such registrars.
Sworn to, before me,
this the I th day of
r 1.
IV qv,. n% b e i-
C er
OATH OF MANAGERS
W69 and each of us do swear that we will faithfully aAd
impartially conduct this day's election according to law,
that we will permit no one to vote who is not entitiled to vote,
and will prevent all illegal voters to the best of our skill and
power, So Help Us God.
Sworn to, b ore me,
this the ay of
November �3.
142 '
CERTIFIED ELECTION RETURNS OF REGULAR CITY ELECTION
HEL6 THIS THE 7th DAY OF NOVEMBER 1953
We, the duly appointed Election Managers to conduct,
this election, declare the following results:
FOR COUNCIL:
Gary H.Beach
W.H.Blackstone
N.E.Brenner 3 3 422.
Frederick'T.Forman gtq-#-_
C.M.Hamby_ 2 -70
Virgil R.Siddall
H.O.Swain
G.R.Yarbrough
We, therefore certify to the Mayor and Council of the
City of Smyrna, the election of �ade,�"sue— and
a I
and W. R, 7. Y-4ZZ%- for
Council, they receiving the highest number of.votes.
Igiv Olaxn�� a�A-
Election Managers