04-01-1957 Regular Meeting315
The regular meeting of Mayor and Council was,held April 1, 1957-, 8:00 P, M, at the
City Hall; Mayor James E. Quarles presiding with the following Councilmen present:
N. E. Brenner, A. S. Dowd, J. E. Johnson, Murray Sonenberg, J. G. White and
R. H. Wood.
Minutes of previous meeting of March read. Motion A. S. Dowd, seconded Murray
Sonenberg to accept minutes as read. Voted unanimous.
Rezoning hearing opened on the property of G. F. Brown, located at 242 S. AtlantX
Street.
Those speaking against said request were:
Claude Hamrick
E. S. Gann
G. C. Greer
goy Manning
A. J. Coppenger
R. D. McNally
Rex Pruitt
H. C. Keltner:
P. M. Edwards
- Miss Eva Edwards
Mrs. Paul Gresham
A petition with approximately thirty (30) names, was presented opposing said re-
zoning of the Brown property for business.
Mr. Raymond Mulkey, representing C. J. and Jerry Fouts and S. A. White, developers
of future business proposed for the Brown -property gave a brief resume of the need
and advantages of said request. A petition signed by approximately 61 businessmen
and residents of Smyrna was presented.
Motion N. E. Brenner that the rezoning be denied of the Brown property.
Substitute motion by J. E. Johnson, seconded by A. S. Dowd that the Planning and
Zoning Committee retire and come back with a recommendation. Voted unanimous.
Meeting recessed.
Meeting called back to order by Mayor Quarles.
P4otion N. E. Brenner, seconded A. S. Dowd that Planning and Zoning Committee un-
animously recommend that the request of G. F. Brown to rezone his property be
denied. Voted unanimous,
Hearing opened onthe rezoning of the property located on the southeast corner of
Pat Mell Road and Old Concord Road, owned by W. W. McNeal.
Mr. Gardner Potter, spokesman for W. W. McNeal stated that no specific type of
business or tenent was in mind at this time, to his knowledge.
Motion Brenner, seconded Dowd recommending that action be deferred by the Planning
and Zoning Committee and hearing set for May 6th, Yrith said zoning to be re -
advertised. Voted unanimous.
Mr. J. E. Freeman of the Belmont Cab Company, requested license to operate in Smyrna.
Letter from Attorney Willingham read on the Bank Street improvements.
Action deferred on Bank Street until corrected assessment Ordinance could be adopted.
Motion Johnson, seconded Sonenberg that the following ordinance be adopted.
ORDINANCE N0.
AN ORDINANCETO SET OUT THE DUTIES AND RESPONSIBILITIES OF THE CITY ATTORNEY AND TO
ESTABLISH THE SALARY, AND FOR OTHER PURPOSES.
Be, and the same is hereby ordained by the Mayor and City Council of the
City of Smyrna as follows:
SECTION 1, DUTIES OF THE CITY ATTORNEY.
(a) The City Attorney employed as authorized by the charter shall be
required to attend all regular meetings of the Mayor and Council, and also special
meetings on request of the Mayor upon reasonable notice thereof.
316
(b) The City Attorney upon proper request shall draw all requested
ordinances, deeds and contracts of the City, and shall conduct all correspondance
for the City of a legal nature. He shall render legal assistance and advice to
the Mayor and Council and department heads,of the city in all legal matters per-
taining to the City's business; provided that all official opinions requested
shall be rendered only on written request ther'efor_pioperly authorized by'the'Mayor
and Council as a body.
SECTION 2. COMPENSATION OF•CITY ATTORNEY.
The City Attorney shall be paid a monthly retainer fee of $100.00' which
shall be considered full compensation for all services rendered to the city with
the exception of the following items for which he shall receive additional com-
pensation in line with the usual fees established by the Georgia Local Bar
Associations or the Members thereof:
(a) Certificates of title to reas estate.
(b) The prosecution and defense of any court suits.
(c) Bond or revenue certificate,3issues or other financial transactions
involving extensive legal preparation and proceedings.
(d) Assessment and related ordinances of all kinds and character:
Voted unanimous. '
Motion Sonenberg, seconded Johnson that the drawing of a trailer or trailer park
ordinance be referred to Planning and Zoning Committee and City Attorney. Voted
unanimous.
J. E. Johnson requested donations from Council Members for the Red Cross Drive.
R. H. Wood reported that the Tax Assessors Committee had met and recommended a full
time tax assessor and license checker be employed with a salary not to exceed
$350.00 per month.
Mr. Cheshire of Chaney moods Subdivision, requested information as to when the
sanitary land fill would be moved to new location. Mr. Wood stated that it would
be moved within two weeks.
Motion A. S. Dowd, seconded Murray Sonenberg that Er. Rozelle's Package Beer Store
license be amended for on the premise consumption and his license be changed, with
no change in license fee as recommended by the License Committee. Voted Unanimous.
Motion Dowd, seconded Wood that the necessary steps be taken to repair the was and
damage to Stone Creek Road at the intersection of Timberland Street and expend the
necessary funds at a cost of approximately $2,000.00. Voted unanimous:;;-,
Motion Sonenberg, seconded Wood that we expend the few hundred dollars necessary
to run a soil test on the proposed location for the new City Hall. Voted unanimous.
Motion Dowd, seconded Brenner that the condition of King Springs Road be reviewed
by the Street Committee for the cost and action and to be brought back to next
meeting. Voted unanimous.
Ownership of the alledge alley behind the theater was not any concern of the City
but a question between private property owners.
Councilman Sonenberg stated that if Automotive Parts Company didn't fix the Adams
Patrol, that the City Attorney should sue. Mayor Quarles requested to write letter
with full information and state intentions of the City.
317
The Ordinance now on the books, holding the property owner responsible if the tenent-
doesn't pay water bill, referred to Water and Sewerage Committee.
Motion Brenner, seconded Wood to adjourn.
Meeting adjourned.
Q ka,.,
James 9. Quarles, Mayor
N..E. Brenner, Councilman
A. S. Dowd, Councilman
J. E. Johnson, Councilman
Mrs. Helen Baldwin, City Clerk
Murray Sonenberg, Councilman
J. G. White, Councilman
R. H. Wood,, Councilman
COURT RECORDER'S OATH OF OFFICE
I, __ e,-Z/, - , do solom,4y swear that I will well and truly
demead myself as Court Recorder of the City of Smyrna, and that I will faith-
fully enforce the Charter and Ordinances of said City to the best of my ability
without fear or favor and in all actions as Court Recorder, act as I believe for
the best interest of the City. So help me God.
Subscribed and sworn before me
this 1st day of June„ 1957
318
COVMITTT-'—�s AFFOINTY "IMIAI:j YOM 1957
FIRr DRTART 'r-.NT T'"' ARVI"Tr
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Rs 71 * WO Od
528 Timberland Street
Smyrna, Georgia
June 17, 197
,ayor and Council
City of Sry rna
City Hall
SnVrna, Georgia
Gentlemen:
It is with sincere regret that I submit my resignation as Cily
Councilman representing the 5th card. I have this date submit-
ted an additional resignation to my employer in order to apt
a position with another coapany.
Since I have baen a member of Council at your request for the
relatively snort period of six months.. I have little information
at my disposal concerning the present state of the City's fi mn-
ces. I stand ready, �iowever, to assist in any capacity that I
can to remedy the current situation.
The first vieek in July is slated for my departure from this area.
Accordingly, the effective date of the resignation should be no
later than June 30, at your discratzon.
T Garoline and I haveboth enjoyed the pleasant associations of
Smyrna and its wonderful people, so much so that it is most dif-
ficult for us to even consider moving. The opportunity of the
new position is such t At I have very little choice, however.
Very sincerely yours,,
d��
Andrew S. Dowd
ORDINANCE NO*
� C
AN ORDINANCE TO SET FORTE Tom' T,UTT-,U',# REGUIATIOT"mo AnMSPOls.
t� Un ar
STBILTTIES Or TK CITY WATEM DEEPART11UNT9 AM FOR ':)TJ1U7,R P PO S,
Be It and the strie Is hereby ordained by the 16yor and City
Council of the City of as follows:
A
eESA The 71t7 -,-'.'ater Depart-
-etlonj_. DUTIE-S ND RMSPONSIBILITT_. -
-4ent shall maintain and differentiate the water socounts between
home owners and renters. Home owners shall not be required to
cu
post ow deposit with the city before obtaining water service.
All renters shall be required to make written arplication
for water service and to post with the city a deposit of
prior to securint.- water service. It shall 'be t)e responsibility
of ;he water department to assure that all water bills are pro.-&"
,)erly paid, and in no event sh
all a renters delinquent account
be nermitted to exceed the amount on deposit.
S,eation 2s LIABILITY L The liability for the cost for the use
of city water accrues only throug�h as contrant-usl relationship
and no landlord shall be required or held liable for the faillare
of his tenants to pay for water services and the city stall not
refuPe to furnish water to any residence as a result of their
faill,re to collect any delinquent accounts from a nrior occun,"int
of said residence,
�'-,n n - otion by Councilman
., secoMed by Col-mcilman
, . tj�e following resolution was unanimously adopted:
,71,RZROLUTION AirrECRIZING EAYICIR V,� EXD,'UTF
APPLICATION POR MERAL. ORANT 7OR SWER
TFaAM-,-NT WVY-00 INCLUDW UUT"I'M PUFFS
All) 10TIMIMM
7%1s!711NFD.. That the Yayor be and he Is hereby authori7ed ancl directed.
to exe-cvt4 for and on beha-If of th-e 1-1ty., .%pplication for �'ederal Grant for
Sewer Treatment Works under 33 4616 et seq.,, together with all related
papers and doctiments fro-m tirme to tl%T.,e required.
-7LTRT!!.-7RRj That the ?Mayor be and be is hereby authorized and
directed to agree for.and on behalf of the ---ity to all ter.rs and condif i a ne,
.equired in connection with trite aforesaid application.
HE-SOLVE-D FURTHER,, That the Clerk be and she !,-- hereby authorized and
directed, to furnish duly certified copies of this resolution from time to time
to all interested }parties.
GEMOIA -C - j, iD�A C-UNTY.
I., Helen 4'Aldwin,, do hereby certify that I an the duly elected_,
qualified and acting Clerk of the Aayor and �-oanc-A'.J. of the City of Smyrna,
and that by virtue of such office, I am the custodian of the official records
of suclity, all of which are now In my possessian, and that the foregoing
t, —pcwritten matter is a true and correct excerpt from the -ininutes of a rermlar
mec-tim, of the Council of the City of '.rna duly assembled and held at the?
City Hall on the 3r9 day of June., 1957.
IN -djT%ff"".SS 4sIRIC1171,70 1 have hereunto set vvy hand and affixed the seal
of the �'ity this the 4th day of June., 1957.
SRO N
TELEPHONE
2841 - 2842 i
E. W. BROWN, President
E. W. BROWN JR., Vice Pres. 6 Prod. Mgr.
G. B. BROWN, Secretary and Treasurer
J. A. WILLIAMS, Chief Engineer
NTRACTORS9 INCP
P.O. BOX 367 • NEWNAN, GEORGIA
May 17,1957.
City of Smyrna. "Atten;Mayor & City Council"
Smyrna,Georgia.
RE; 250,000 gallon water tank.
Gentlemen;
It has now been over six months since we offered you
a 250,000 gallon tank on a bid in 1956.
Since the time.specified in bidding documents for
signing: a ,,contraotl.hds lexpired ; axed some months later,
we sti1 ,do: ,not; 'have •fie a� con tract and -`'have not been
=offered,
a�`contract,we'are not in any way obligated to
'g hold this tank any longer for you,on that 1956 bid or"
=:- as:specified in that bid.
Wherefore,this is to —advise -you that this tank` -we formerly
...- offered-�-youa `and all offers made in connection,therewith,, n.
are hereby withdrawn.
`~ !Z,We;swill•-be, glad;�'to work. -:with you when you are actually-
-~-� ready'`to buy a tank�and _hope to .have the pleasure of
serving you.
Yours very truly
BROWN- S TE L C ONTRA.0 TORS I11C .
UT Brown. esident.
STEEL TANKS PURCHASED, RENOVATED, STOCKED FOR IMMEDIATE DELIVERY
ALL AGREEMENTS ARE CONTINGENT UPON STRIKES, ACCIDENTS, OR ANY DELAYS BEYOND OUR CONTROL.
y --
Brown Steel Contractors, Inc.
P. O. BOX 357
NEWNAN, GEORGIA
City of Smyrna.
Smyrna, Georgia.
"Atten;Mayor & City Council,,
W Nqy
MAY 17
12' -!y
1957
rA•
i i`adf ,t(�•wP
GEORGIA, COBB COUNTY
TO THE HONORABLE MAYOR AND COUNCIL
OF THE CITY OF SMYRNA,GEOFOIA
WHEREAS, G.F.Brown has made application to the said Mayor and Council of the City ,
of Smyrna, to zone the following described property from residential to business: 4
A certain plot o-'L land located at 242 South Atlanta Street, Smyrna, Georgia,
lying and being in Land Lot 559 of the 17th District and 2nd Section of Cobb
County, Georgia, and more particularly described as follows:
BEGINNING at a point where the southwest side of Atlanta Street, intersects the
north side of Love Street; thence Northwesterly along the southwesterly side of
Atlanta Street for a distance of 165 feet to a point and corner, said point —and
pronerty-of Mfs. ;ianiiing;-thence westier-ly along tpo south s e of the Manning~
property for a distance of 150 feet more or less to.a point; thence -southwesterly
for a distance of 85 feet more or less to a point located on the north side of
Love Street; thence east along the north side of Love Street for a distance of
196 feet more or less -to the west side of Atlanta Street and the point of be-
ginning, and
WHEREAS, the undersigned being owners of residential property in the immediate vicinity
of said above described property, are strenuously opposed to the re -zoning of said described
property from residential to business, for reasons unique only to themselves, and,
WHEREAS) THE HONORABLE MAYOR AND COUNCIL of the City of Smyrna, have set Monday,April
1319572 8:00 Y.M. as the time for a public hearing at the City Hall on said application;
NO.d THEREFOi.E, We, the undersigned, do hereby pray the Honorable Mayor and Council of
the City of Smyrna, to deny the application of G.F.Brown for the zoning of the above
AP lZIl-
This the day of Mareh,1957.
t,
TO THE HONORABLE MAYOR AND) CITY COUNCILMEN,
CITY OF SMYFXA,
SMYRNA, GEORGIA.
Gentlemen:
HAVING BEEN INFORMED that application is now pending to rezone the
Brown property at the corner of Love Street and South Atlanta Street from
residential to business uses, and that a hearing will be had*on Monday even-
ing, April 1, 1957, on said application, we the undersigned businessmen
and residents of Smyrna (doing business or residing in what is sometimes
referred to as "Old Smyrna," as distinguished from the Belmont Hills area),
respectfully herein present certain facts and ideas for consideration and
study:
(1) We strongly believe it to be in the best interests of all
concerned that Old Smyrna be and remain a powerful factor in City affairs,
end that business be encouraged to remain here, and new business be invited
and'encouraged to locate here.
(2) Old Smyrna, as laid out,by our forefathers, being primarily
a "Main Street" City, and the present business district being already
filled and over -crowded, it is our belief it would be advisable for the
business area to be extended. Already this has been accomplished to some
extent as, for example: `
(a) The new Smyrna Bank has been built on
property once residential;
(b) The new Standard Service:Station and new
Gulf Station were erected on formerly
residential property;
(c) The same is,true of the new building on
t West Spring Street, now occupied by the County
Water Department and Poston Realty and Insurance
Agency; likewise, the Aiken Building on
West Spring Street; the telephone building on
East Spring, as well as Smyrna Builders and
Supply'Company; and,the Colonial Stores on,
Bank Street. r %r
r
(3) But in order for Old Smyrna to flower and grow, there must
be additional extensions of business into certain of our residential areas,
into some of the side streets as well as along the main artery, Atlanta
Street, as needs arise and as businessmen are willing to venture into a
program of expansion and improvement, and as new business seeks to locate here.
V) We do not believe that such a progressive program on the part
of the City administration will lower property values but, on the other hand,
will tend to increase property values, both business and residential, if
applications for rezoning are handled on an individual basis and care is
exercised to see that business structures erected are neat and attractive,
so as to be an asset to the area affected.
(5) Unless such an approach to the proplem is adopted and adhered
to, Old Smyrna will be "hemmed in," with no room for expansion and improve-
ment, and this will hurt existing business and practically stop new business
from moving into the area.
WE, THEREFORE, PYSPECTFULLY URGE the Mayor and City Councilmen to
seriously consider this matter, with a view toward relaxation of restrictions
as to business property. We also hereby go on record as favoring the
rezoning of the aforesaid property for business uses, as it is our sincere
and honest belief that such action will not prove hurtful or harmful to any
of the residents in that area, and that over the long pull such approval
will mean much to the future growth of our City and the welfare of its
citizens. ti.,
D D -
D A T E
.. t 6 s7
6
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