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11-06-1957 Special Meeting_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. 4: o'r: Jmes E. Quarles ounc an: T., B. Ab es ouncilmm : J. 15, Rhodes Councilman: H. T, Westbrooks Asst. Clerk: 011ie Williamson l ouncilnan: N. E. Brenner Councilman: D. M. Sc rough The regular meeting of Mayor and Council was held December 2, 1957 8-P.M. at the City Hall. Mayor James E. Quarles presiding with the following councilmen presdnti J.B. Ables, N.E. Brenner, J.E. Johnson, J.B.`%Rhodes, D.M. Scarbrough, H.T. West - brooks and R.H. Wood. Motion by D.M. Scarbrough, seconded by J.B. Rhodes to accept minutes as read. Voted unanimous. W.B. Sanders as Councilman.elect had two matters to bring before council. 1. The high water bills of the summer where the customers were informed at that time not to pay until the bills were checked and then they would be informed if an adjustment would be made. 2. Curb and gutter bills on McLendon -Street. The property owners had been instructed'not to pay. C.J. Fouts requested the property located at'242 S. Atlanta Street of G.F. Brown be zoned for business. Motion by J.B. Rhodes, seconded by R.H. Wood that the lst Monday in February be set for the hearing on the request of G.F. Brown to rezone his property located on the North West corner of S. Atlanta and Love Street or 242'S. Atlanta Street. Voted unanimous. Police Chief M.C. Tanner informed council of the violating of the City and State Ordinance and laws by Smyrna Beer Package Store on Bank Street by selling beer to a minor. Mr. wigley the propertier had discharged the employee who committed' the violation. Motion by J.B.'Ables, seconded by R.H. Wood that the business licens6 of the Smyrna Beer Package Store be revolked. Voting for - Wood and Ables . Voting against - Johnson, Westbrooks, Rhodes, Brenner and Scarbrough. Motion by J.B. Rhodes, seconded by D.M. Scarbrough that the business license of Wigleys Smyrna Beer Package°Store bd suspended for 60 days and the suspension be suspended subject to being caught the second time for any violation of City _ or State laws at which time the Police Chief would automatically padlock his ' door for 60 days. Voted unanimous. ' Mayor Quarles read letter from -Cobb County Chamber of Commerce inviting the ' Mayor and Council to participate in the parade honoring, -the 125th=anniversary of the f6unding of Cobb County. Motion by J.B. Ables, seconded by D.M. Scarbrough that Luke Boring bid for $140.00 to install the Christmas lights be accepted and Mr. Boring authorized to install said lights immediately. Voted unanimous. Motion by J.B. Rhodes, seconded by D.M. Scarbrough that the City Attorney be authorized to draw up lease with Tom Northcutt leasing a dual pump for a period of six (6) months for the consideration of One dollar ($1.00) with no further expenditure connected with this transaction on the part of the city. Voted unanimous.