05-22-1976 Special Called MeetingMay 22, 1976
WILLOUISE C. SPIVEY, CI CLERK
WILLIAM F. DARBY, WARD 2
HOMER KUHL, WARD 41
A special called meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, May 22, 1976 at 10:00 A.M., for the purpose of hearing an appeal of the
decision of Recorder's Court, Case #25777, Jerry Parks.
The meeting was called to order by presiding officer Mayor Arthur T. Bacon.
All councilmen were present. Also present was Charles E. Camp, City Attorney
and Willouise Spivey, City Clerk.
Charles E. Clark, Attorney for Mr. Parks stated that one-third of the chain -
link fence was up when Mr. Parks bought the property from Arnold Thomas. Jerry
Parks was sworn in by Attorney Clark.
Attorney Camp asked if this existing fence was brought up or discussed in
Recorder's Court. He was told it was not.
Anita Greathouse was sworn in and stated that an application was not filled out
for a permit to install the fence. She stated that Jerry Parks did come into
the office and asked to see a copy of the fence ordinance. He was shown this
ordinance and was advised he could not erect a chain -link fence across his front
yard. This was prior to installation of the fence.
Attorney Clark quoted State laws and stated he thought the City of Smyrna fence
ordinance was unconstitutional, infringed upon the rights of Mr. Parks, and he
asked the decision of the Recorders Court be overturned.
After discussion Jerry Mills made a motion that with evidence heard in Recorders
Court and evidence heard during the appeal to council, the decision of Recorders
Court be upheld. C. 0. Canada seconded the motion and the vote was unanimous.
Meeting adjourned at 11:09 A.M.
ARTHUR T. BACON, MAYOR
0111F_S E. TOLLESON, VARD 1
JERK MILLS,
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C.'-0. CANADA, WARD 5 --v