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11-04-1957 Regular Meetingt. The regular meeting of Mayor and Council was held November,4& 1957, 8:00 PM at the City Hall. Mayor James E. Quarles presiding with the following Council- men present: N. E. Brenner, J. E. Johnson, D. M. Scarbrough, and R. H. Wood. Minutes of previous meeting read: Motion D. M. Scarbrough Seconed R. H. Wood to adopt minutes as read. Voted unanimous. Mayor Quarles congratulated and welcomed the newley elected Mayor J. M. Gibson and Councilmen George Kreeger, J. B. Rhodes, J. B. Ables, W. B. Sanders and Jack V.'Brooks. Motion N. E. Brenner second D. M. Scarbrough to appoint J. B. Ables as Councilman to fill the vacancy in Ward ##2-." Voted unanimous. Mr. John Lee requested information concerning his drainage problem on Dell Ave. Mr. Paul White informed Council that his garbage was not getting picked up twice a week and he thought he'was due to a deduction in rate. Mr. Vernon Richards on Bank Street requested relief from the surface water problem in his yard. Motion J. B. Ables second J. B. Rhodes that the returns of the regular election held November 2, 1957 be accepted as certified by the election managers. Said certification attached to these minutes and made a part thereof. Voted unanimous. The Election Registrars recommended that a new registration.system be installed and suggested a card system. City Clerk instructed to give all newly elected. city officials and attorney Willingham a copy of the proposed 19 New_City.Code. Charles W. Boroughs architect of the proposed City Hall discussed the different phases of the building. Motion-.J. Be Ables second J. B. Rhodes that we defer any action until after the first of the year and let the incoming administration start and finish this building -(City Hall). Voted unanimous. Motion admended by J. B. Rhodes second R. H. Wood that the contractors be released of the 5% Bond and at this forego the 30 day period o� time- (and let their bids stand) effective January 6, 1958 rather than the present time. Motion carried. Voting against: Scarbrough Voting on original motion -motion carried with Scarbrough voting against said original motion. 1 / Attorney Willingham gave a summary of the happenings concerning the City of Smyrna dnd Mr. A. V. Bolton. Motion J. B. Rhodes second J. B. Ables that Mr. A. V. Bolton be requested to immediately surrenderthe equipment,same place he received it .from without the payment of $4.,976.00 by the City. Mr. A. V. Bolton stated he was not going to return the equipment. v Motion carried with Johnson abstaining. Motion J. B. Rhodes second Ables- Resolved that if Mr. Bolton refuses to deliver the possession of six items of equipment of the City of Smyrna on ..formal request that the City Attorney be and is hereby authorized to iriitia:�e'formal legal action inthe names of City of Smyrna to obtain poss- ession of the six (6) items of equipment and the reasonable rental value on these items be paid during thh possession of Mr. Bolton. Said six items particular described as follows: 1 Back Hoe (Mfgr. Koering) Mod. 205-C #C88775 1 Bulldozer (Allis-Chalmers) Mod. HD-9 ##HAK4685 1 Lowboy, with Hydro Crane 1942 International � 1 Parsons Trencher Mod. 25o, 24,, w #765963 1 Cleveland Ditcher Mod. 95 M330-8866 1 LeTourneau Pan 6 - 8 yd. Mod,. 111411P Carry -all * ,Motion Jean E. Johnson second R. H. Wood to appoint J. B.' Rhodes as Councilman to fill the vacancy in Ward ##1. Voted. unanimous. I Mayor Quarles gave oath of office to Councilmen J.B. Ables and J.P. Rhodes. Voting for: Rhodes Against: Wood, Ables, Johnson Scarbrough r Abstaining: Brenner - -... Motion Scarbrough second Wood that the Mayor appoint a committee to go over the invoices and rental and if they ate -correct pay the differende or vice verse and upon receipt of money Mr. Bolton will deliver the equipment. Voted unanimous. Mayor Quarles appointed committee as per foregoing motion as follows: "Brenner, Chrm. Rhodes, Ables and Wood. Mr. Rhodes asked to be released of serving on committee as he believed the City didn't owe Mr. Bolton a thiri-!dime-as the egdipment didn't belong to him. Mayor Quarles appointed Scarbrough to take Rhodes' place. Motion Johnson secofied Scarbrough: Resolved that �hs Mayor appoint a committee of Council to determine the equities between the City and Mr. Bolton on the machinery question and recommended a proposed settlement to a special meeting to be called for said purpose. Voted unanimous. Mayor Quarles appointed the following committee: Brenner, Scarbrough, Wood and Ables. Motion Brenner second Scarbrough to adjourn. Meeting adjourned, I, , do solemnly swear that I will well and truly demead myself as councilman for Ward #1 of the City.of Smyrna for the ensuing term, and that I will faithfully endorse 'the Charter and Ordinances of said City to the best of my abilityg without fear or favor, and in all my actions as Councilman, act as I believe for the best interest of the City. So Held me God. Subscribed and sworn to before me this 7th day of November, 1957. Iay r:, James E. Quarles do solemnly swear that I will well -and truly demead my self as councilman for Ward #2 of the City of Smyrna for the ensuing * term, and that I will faithfully endorse the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my. actions as Councilman, act as I believe for the best of interest of the City. So help me God. - Subscribed and sworn to before me this 7th day of November, 1957. M yor: Janes E. Quarles f r, COBB COUNTY, GEORGIA. THIS CONTRACT LITE, AGIRE,=,YENT made and entered into this day of November, 1957, by and between the CIT7 07 SXMIA a Mun c al i ip Corporation of the State of Georgia., hereinafter referred to as "City", ane A. V. BOTlr;N., hereinafter referred to as "Bolton"; W I'T N E S S E T H : WPX,.REAS L ., the Mayor and Council of the City did at a nee-eting on JUTIC 3,, 1957, adopt a resolution -authorizing its Contract Oor..rdttee to nerro- tiate and draft a contract with Bolton for sale of the following six (6) items of the City's equipment., Parsons Trencher - Model 2�O Cleveland Trencher - Wlel. 95 Koehring,,Backhoe - Model 205A LeTourneau Pan - Model I'M" M3,11 Tractor - qydra Lift Allis-Chalmers DAIdo7,or - Nodel 9-B =11 W =.EAS, such contemplated contract Eras never negotiated or drafted by said Caiwittce,, and the Trlayor and Council. took no further official. action of record in the matter until their regular meeting in Septenber,, at which time the Yiay-or was authorized to obtain an opinion from the Attorne-y for the City of Rmyrna as to vfhether or not title to said equipment had passe.d. to Bol+zn by reason of action taken at tie aforesaid meetin7 of,Tune 3. 1957, or otherwise; and WHEREAS, Bolton did- shorty- after the meeting of June 3., 1957 take possession of said equip prent and has used same and has retained possess- ion of same to this time; and VEIRE'li,55 the Attorney for the City did render an official ruling in wri tLig in the matter under date of Oct- er 7 .,b j 1957, that title to the equipment involved had not vested in %lton and still remained in the City; and WIMUS, at the conclusion of the aforesaid 7t.-ritten orir{on of the I I City Attorney, he did recommend that under the circumstances existi that the City and Bolton amicably adjust the equities involved, i. e., fair rental value of equipment actually used by Xr. Bolton versus any extraordinary repairs made by him personally; and prior to the regular monthly meeting of the Mayor and g Cotuicil of the City held on November 4., 1957, in pursuance of the foregoing, several informal meetings were held between the Mayor and '71--lenbers of the Council of time City and Bolton., at which no mutually agreeable settlement of the matter could be reached; and WHEREAS, at the regular 77ovember neeting of the Vayor and louncil held on November 4. 1957, as aforesaid., the matter ;,Tas discussed at length and at the conclusion of same a resolution eras adopted authorizing the Mayor to appoint a Corm.ttee of Council to meet with Dolton at the earliest oppor- timitv to ascertain and verify the equities involved between the City- and Dolt/_,n in the natter and to recomm.end a proposed settlement of sapie to a special meeting of the 'Itayor and Council of the City to be called for the purpose; and WesREAS, actin,g in pursuance of the aforesaid resolution, the Mayor did appoint Councilmen Brenner, Ables, Scarborough and WToo , Nerve on cl to r ry such Comrdttee to meet vritln, Kr. Eol.t/-,n in the matter; and 141ERIZO 11 ., such Committee did on the evenint, of November 5., 1957, meet inth Bolton at length and has presented to a special neetinof f Council called and held on Wednesday evening., November 6th, for the purpose, a proposed settlement of the matter; and 1104 .R-Ilks, said. r'ormdttee did ascertain try the repairs made to the equipment by Bolton personally while same uras in his possession to date totalled -IT 4 .i ,159.64 (Parts —nd Miaterials - --5,462.45 and Labor for installing same, - 62.,697-19); and that the fair rental value of the equipment for -the time that it was actually used by Rolton was 3,798.50, and, therefore recom- mended that the City enter -Lint-, a contract with Bolton to pay the difference be-h,reen the two amounts of ''I, to hire upon return of all of said equip- ment to the Cit,7,r in its present condition., such payment to be in full and final settlei-,,ient of the matter; and. WTHERFAS., after a full. discussion of same at the aforesaid special - 2 - I meeting of Nov -ember 6., 19-71 it was deterrdned by the Mayor and a majority of the Members of the Council attendF. o .L in., that the settlement proposed and recom- mended b-)r the aforesaid special Committee of Council was a fair and equitable one and it was deened in the best interests of the City that samr; be approved and accepted; and WHERMS, after the above action the Cit-, Attorney presented a draft of the vithin contract to effectuate such settlement to the 1�yor and Council at the aforesaid meeting of November 6, 1957, and same i,,-as approved by the Mkyor and a majority of Council and the Mayor was authorized to execute same for and on behalf of the City., and the Clerk was authorized to attest the si,-, J- t ,nature of the Yayror thereon and to affix the sea]. of the City thereto., and to spread a conformed cop of sarie on the minutes of such meeting y when duly executed by the parties hereto. NW, M-METME, in consideration of the premises and the mutual benefits flowing each to the other any' the rxtual promises of each., it is hereby contracted arO agreed as follows: 1. That forthwith after tke execution of the, within, Bolton will return to the possession of the City the above listed six items of equipment now in his possession., details concerninfy, such delivery to be in, mediately worked out between Bolton and cc--nizant officials of the City. 2. Th at when Bolton has completed the Oelivery of. the equipment here involved to the City of S,,myrna., -that the City will irmediately pay him the sumo a,4061.14 by check duly and properly drawn on funds of the City on deT)osit with one of the City's depository banks. 3. That upon receipt of the aforesaid amount by Bolton., he does hereby release both noi.,T and forever any claim., right., demand or equity that he had,, or might have had, a -air-st the City., or' any official or employee thereof by reason of the transaction herein described. IN WITNESS -WIMFOF,, the parties hereto have executed this agreement - 3 - in duplicate on the day and year first above written jj ( -�r ri C? ') eac leli e n,,, t, the other a manifold having the full force and effect of an origdna1.. CITY OF SSMYRNA Attest: May -or Cleric Witness: �1 (L. S. V. Bolton --�i- _— -�• __. __ - ... _ _ __ .,. �. i.�O.�i'YJCTi✓c ,+ 1 � /G, ! .�.Si�.'�TY ,, - ' �X� y I f '� __ .. - , .4 iv r.T +!A �Ef�i• t2'f�l�.'�� ry l�+nr r�rs Io 1 G�ioo' i j' i • ' � 1f 40II&PI- UX,'J�" :, '+ _ �._ . _i• � I- /�� ���f; . �tr l.,:i i'�PO/i') �C. 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'4�i�i �y ��.p ' i7 ��i j '-. _!`� i. s. t E��_ '...-- �, ltf• j_ i_ Lj + i ,( ,E � • I 1� .� , .� 1 ;�.. _ _ - � _ � ,-_.�, -�-- �� '•ate 5 Ei , i I f fE • ., _ , _, . , . _ _ . `�'-'�':�_ �--:��.:s _.: ^mad: cs�r-�..�- •==:.L�_. 5--�,�, �.. ,�. �s�i _3 . �r Mayor: James E. Quarles Councilmen: N. E. Brenner Y Zounci]man: M M. Scarbrough CityClerk: Helen Baldwin Councilman: J. E, Johnson Councilman: R. H. Wood A Special meeting of Mayor and Council was held November 6, 1957, 7:00 P. M. at the City Hall. Mayor J. E. Quarles presiding with the following-C;ufidilmen presentx J. B. Ables, N. E. Brenner, J. B. Rhodes, D. M. Scarbrough and H. T. Westbrooks. Attorney Willingham gave a photostats n copy of repairs on equipment submitted ✓ by A. V. Bolton along with'a proposed contract. Copy of each attached to these minutes and made a part thereof. ' Mayor Quarles asked Harold Willingp8mity Attorney in his opinion ie council placing 1/ themselves in jepordy if they come to any agreement with Bolton where City funds are paid to him to adjust equities in the question of the m achinery. Mr. Willingham stated that in his opinion Mayor and Council have authority to adjust equities involved in light of the facts and the exercise: of a sound discresion Mr. Willingham read the legal contract that had been drawn up. Mr. Gibson arose from the audience and addressed Mayor and Council and stated that what he was saying was not as an incoming Mayor but as a tax payer. He sjrated he had gone into the matter and had'checked into the Charter in the past two days and stated that from what he had heard all was wrong. He also stated tha£ as former Mayor he had used Mr. Willingham legal aditi.ce and had always found him right. He Stated that the machinery should be back to -the City the 15th day of this month. He said the matter had been 1116gal from the beginning and as a tax payer he is going to see that all the money will be put back into the treasury he asked Mayor and Council to think before they made a discussion again . He.requested that the machinery be returned to the City by the 15th of the month... Motion was made by Brenner second Scarbrough that a legal contract be drawn up by the City Attorney agreeing for the City of Smyrna to pay Mr. Bolton $4361.14 that he return the equipment back to the City in good condition :immediately. Voted unanimous. Ables asked was Mr. Willingham' opinion.good enough for City contract Mr. Ables stated that it was not good enough forAim. / rAbles made an ammendment to the motion that the decision be deferred until we v can -get more legal advice as to whether council would be held liable forthe action in the negotations in the settlement with'Mr. Bolton. ,Mr. Rhodes made an ammendment to the motion; that in the resolve matter be deferred until on or after January 6, 1958. Vote on Mr. Rhodes ammendment was taken first.: One for- 5 opposed. Vote on Mr. Ables ammendment was taken. Motion carriedwith Rhodes abstaining. Mayor Quarles asked to be instructed by council from whom he should obtain fiiore legal information. Councilman Ables made a motion that Mr. Willingham be instructed to ask for further legal adivice from our attorney General in this matter. Motion:'carried ,.t`:- Second by Scarbrough. Rhodes abstaining. Brenner made a motion to adjourn, second by Rhodes. Meeting adjourned.