11-01-1954 Regular Meeting (2)At a regular meeting of the Mayor and Council of Smyrna held at 7:45 P.M.
on the lst day of November, 1954) at the City Hall, the following ordinance was
introduced by Councilman V. R. Siddall and seconded by Councilman John Collier.
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repealed in any manner and is now in full force and effect, provides in part,
11that no sidewalk, street, alley, or other place shall be paved, repaved or im-
proved, 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 special meeting of the Council held at 7:45 P. M. on the
8th day of October, 1954, a petition was presented to the Mayor and Council,
signed by nine (9) property owners of the city residing on Magbee Drive in said
City, being a majority of the owners of property on Magbee Drive, and owning a
majority of the front footage of property in the city abutting on Magbee Drive;
and
WHEREAS, in said petition the Mayor and Council are requested to pass
an ordinance requiring the improvement by the construction on each side thereof
of concrete curb and gutter on Magbee Drive 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 Magbee Drive, 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 improvement by the construction on each side
thereof of concrete curb and gutter;
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 Magbee Drive in the City of Smyrna, being a distance of approx-
imately 685 lineal feet from the eastern intersection of Magbee Drive with the
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Access Highway in the City of Smyrna, to the western intersection of Magbee
Drive with McCauley Drive in the City of Smyrna, be improved by the construc-
tion on each side thereof of concrete curb and gutter; said curb and gutter
to be what is known as 12" x 241t roll top curb and gutter.
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 to either,
after legal and proper advertising of same, let a contract for and in behalf of
the City for the erection of such proposed improvements, or to authorize the
City's construction employees and forces to accomplish the work.
3. That the Mayor and Council estimate the cost of such improvements
to the abutting property owners 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 Two & 501100 ($2.50) Dollars
per lineal foot of -such improvements and being as above set forth approximately
685 feet of improvements by the construction on each side thereof of concrete
curb and gutter, the total estimated cost therefore for the complete job being
$1,712.50. Such estimated costs as above set forth being estimated to be $1.25
per front foot of property in said city abutting on btLgbee Drive 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 oi,,mers 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.).
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 22nd day of November, 1954, at seven -forty-five o'clock 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.
6. 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, all being
in the City of Smyrna and all being located on Atlanta Street in said City, except
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the Post Office which is located on West Spring Street in said City, giving ,
notice of the introduction and pendency of this ordinance. Such advertisement
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 Mayor and Council
to be held on the 22nd day of November, 1954, in the City Hall of said city at
seven -forty-five o'clock P. M., and make any objection that they may desire to
urge against the passage of this ordinance.
7. That a copy of said advertisement described in Section 6 above
shall be mailed to each person, company or corporation, whose Post Office
address is known, that owns property fronting or abutting on said street
within the City Limits of the City of Smyrna.
=M
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Mo;,Pion by V..R. Siddalh, seconded by G.R. Yarbrough for the
proposal. of A.M. Akins to. pay cash for the sidewalk witbr Curb
and Gutter on King Street from Veet 'Spring Street to adjoining-
City..Proaperty provided City continue Sidewalk to Stephens Street.
To be regprr.ed to Street and Sidewalk Committee for action.
Police Chairman H.L. McEntyre reported 'that as none of the applicants
made a passing grade on the police exam. he would recommend pro-
moting A Sargent as temporary Police Chief and continue the exams
until a. competent man could be found.
Motion by V.R. Siddall, seconded by N.E. Brenner that 'Sgt. A.B.
,t HQdnett be promoted to acting Chief. of Police with Patrolmar"f
Tanner promoted to acting-Sgt. on the l2 to 8 A.M. watch.
Motion by John Collier, seconded by H.L. McEntyre that the
preceding motion be tabled.'
Voting for- Collier, McEntyre
Voting Against, Siddall, Brenner, and Yarbrough. Motion Lost.
Original. motion,. Voting for: McEntyre, Siddall, Brenner and Yarbrough.
Not Voting, Collier.
Motion by H.L. McEntyre seconded by V.R. Siddall that the Police
and Fire Committee be-given-rauthority to purchase two dress uniforms
for the Fire Department to consist of Coat, trousers, cap and 2.
shirts. Voting unanimous.
Motion by G.R. Yarbrough seconded by N.E. Brenner that the business
license for W.T. Grants be referred to License 'Committee with authority
to act. Voted unanimous.
Motion by John Collier seconded by H.L. McEntyre that the offer of
nine acres to be used for a City Park 'be Mr. Bill Ward be referred
to Park Committee. Voted unanimous. _
ti Motion by G,R. Yarbrough seconded by N.E.. Brenner that the City
perchase Model 250 Parson with deisel engine from W.P. Rose Co'.
Atlanta Ga.. Trading in our old'Parson 250 with gasoline Motor for
the sum of 16, 5,00,00. To be paid from the Water and Sewerage Cons t.
Fund. Voted; unanimous:..
Motion by Jain Collier, seconded by V.R. Siddall that we purchase
from N.A. Otrens of the Spring St. Baptist Church dirt at $2.00 per
]_oad including hauling to; be used on the King St. Property. Voted
unanimous.
Motion by V.R. Siddall, seconded by N.E. Brenner to adjourn.
Meeting adjourned.
Mayor, .N. Duncan erk, Helen Baldwin,
Councilman: H Me tyre Councilman:. N.E. Brenner
Councilmahr John Collier
Coun ]:man: V.R. Siddall
f
Councilman: G.R. Yarbrough
principal amount of dater & Sewerage-,g,=.rtificates,1954 issuance.
Copy 'o.f ordinance -attached to .and made a part there of of -these
minutes. Voted unanimous.