November/December 1957
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CERTIFIED ELECTION RETURNS OF REGULAR EITY ELECTION
HELD THIS THE 2NI' DAY OF NOVEMBER 1957.
We, the duly appoint4d Election Managers to 'c onduct
this election, declare tlw following results:
FOR MAYOR
Jean E. Johnson
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Robert J. Aust in
Norman E. Brenner
J. M. "Hoot" Gib son
FOR COUNCILMAN AT LARGE
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Joe F. VVhi te
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Herman L. Horsley
Ge orge Kreeger
Virgil R. Siddall
FOR COUHC ILMAN--WARD #1
J. B. Rhode s
118
FOR COUNCIUJAN--WARD #2
J. B. Ab Ie s
).07
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T. S. Moseley
'EOR COUNCILMAN--WARD #3
Ar thur T. Bac on
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Paul K. Clayton
Roy H. Wood
FOR COUrWIUilAN--WARD #4
Gary H. Beach
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Lowell W. Besack
Adolph F. Krpeger
J. Fred Pound s
w. B. Sanders
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FOR COUNCILMAN--WARD '5
L. C. Dodd
JOhn N. McEntire
131
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L. P. Re yn old s
FOR COUNCILMAN--WARD #6
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Jac Ie V. Brooks
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David E. Freeborn
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We I therefore certify' to the Mayor and Council of' the City
of Smyrna.l the Election of -9.)7J. ~
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for Mayor; and "".If'\.4'~ J~ for Councilman
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at large; and -;.13. R~ Ward #11 and
J. fl. aJk _Ward #2; and RrlA Jj uJ n-rL
Ward #3; and iV.8. ~ d Ward #4;
.:f. e.l:J.~ Ward #5; and ~tI.~
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Ward #6; for Councilmanl they rellreiving the highest number of
v ot e s .
6G., ~ ~ ~ a ~'/y-V~ J
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ELECTION MANAGERS
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111M . W.II. ()~
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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
uhanimous.
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 seconed 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
tvace a week and he thought he 'was due to a deduction in rate.
Mr. Vernon Richards on Bank StreGt requested relief from the surface water
problem in his yard.
Motion J. B. Ables seconed J. B. Rhodes that the returns at 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 195~ New City_Code.
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Charles W. Boroughs architect of the proposed City Hall discussed the different
phases of the building.
Motion J. B. Ables seconed J. B. Rhodes t hat 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 seconed R. H. Wood that the contractors be
released of the 5% Bond and at t his forego the 30 day period of time- (and
let their bids stand) effective Jarmary 6, 1958 rather than the present time.
Motion carried.
Voting against: Scarbrough
Voting on original motion-motion carried with Scarbrough voting against said
original !!lotion.
Attorney Willingham gave a summary of the happenings concerning the City of
Smyrna Eind Mr. A. V . Bolton.
Motion J. B. Rhodes seconed 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.
Mot,ion carried with Johnson abstaining.
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Motion J. B. Rhodes seconed 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 t he City Attorney be and is hereby authorized '
to initiaye formal legal action in ihe names of City of Smyrna to abtain poss-
ession of the six (6) items of equipment and the reasonable rental value on these
items be paid during tha possession of Mr. Bolton. Said six items particular d
described as follows:
1 Back Hoe (Mf'gr. Koering) Mod. 205-e #088775
1 Bulldozer (Allis-Chalmers) Mod. HD-9 #HAK4685 /
1 Lowboy, with Hydro Crane 1942 International .
1 Parsons Trencher Mod. 250, 24" W #765963
1 Cleveland Ditcher Mod. 95 M330-8866
1 LeTourneau Pan 6 - 8 yd. Mod. '1f-1", Carry-all
* . Mption Jean E. Jolmson seconed R. H. Wood to appoint J. B. Rhodes as Councilman
to fill the vacancy in Ward #1. Voted unanimous.
Mayor Quarles gave oath of office to Councilmen J. B. Ables and J. E. Rhodes.
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Voting for:
Against:
Abstaining:
Rhodes
Wood, Ables, Jo~son, Scarbrough
Brenner
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Motion Scarbrough seconed Wood that the Mayor appoint a committee to go over the
1OVOlces and rental and if they are correct pay the difference 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. thin'dime-as the equipment didn't belong to him.
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Mayor Quarles appointed Scarbrough to take Rhodes' place.
Motion Johnson seconed Scarbrough: Resolved that ihe Mayor appoint a committee
of Council to determine the equities between the City and Mr . Belton 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 seconed Scarbrough to adjourn. Meeting adjourned,
I, , do solemnly swear that I will well and truly
demead myself as councilman for Ward #l 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 interest of the City. So Held me
God.
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SUbscribed and sworn to before me this 7th day of Novem~er~ 1957.
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~r: James E. Quarles
I, , 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 t he 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 t he best of interest of the City.
So help me God.
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Subscribed and sworn to before
me this 7th day of November, 1957.
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Mayor: Janes E. Quarles
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COBB COmffl, GEORGIA.
THIS CONTRACT AND AGRLZ!:::''!'f made and entEred intC' this day
of l'Jovember" 1957" by and. between the CIT! 07 S1crRl'~, a. 14:unicipa.l Corporation
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of the State of' Georgia, hereinafter referred to as "City", a!"'d A. V. BOLTeN,
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hereinafter refeITed to as llBoltonU;
l-iITNESSETH
'VlHEREAS, the Hayor a."'ld Council of the City did at a meeting on
June 3, 1957, adopt a resolution authorizing its Contract Committee to nego-
tiate and draft a contract with Bolton for sale of the following six (6) items
of the City's equipment:
Parsons Trencher - Model 250
Cleveland Trencher - 'fodel 95
Koehrine Tlackhoe - Hodel 205A
LeTourneau Pan - Hodel "MII
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KB-I1 Tractor - Hydra 11ift
Allis-Chalmers Bulldozer - Model HD9-B
and
itTHr'RF.AS, such contemplated contract was never negotiated or
drafted by said Committee, and the l1'ayor and Council took no further official
action of record in the matter until their regular meeting in September, at
which time the YA.,'!'Or was authorized to obtain an opinion frJIl'l the Attorney
for the City of Smyrna. as to i-mether or not title to said equipment had passed
to Bolton by reason of action taken at the aforesaid meetin!" of .June 3, 1957,
or othen-d.se; and
\1J'TI:REAS, Dolton did shortly after the meeting or .June 3" 1957,
take possession of' said equipment and has used same and has retained possess-
ion of same to this time; a'1d
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WHEREAS, the Attorney for the City did render an official ruling
in wri ti.'1.g in the matter under date of October 7, 1957, that title to the
equipment involved had not vested in Bolton and still Te.'"l'IB.ined in the City;
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and
',,:r~;:::'REAS, at the conclusion of the aforesa.id ....'1'i tten opinion of the
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City Attorney, he did recommend that under the circumstances existing that
the City and Bolton amicably adjust the equities involved, 1. e., fair rental
value of equipment actually used by Mr. Bolton versus any extraordinary
repairs made by him personally; and
WHl..r'1.EAS, prior to the regular MOJ.thly meeting of the Mayor and
Council of the City held on November 4, 1957, in pursuance of the foregoing,
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several informal meetings were held between the t-1ayor and Members of the
Council of the City and Bolton, at which no mutually agreeable settlement of
the matter could be reached; and
\-IHEREAS, at the regular November meeting of the '!ayor and Council
held on November 4, 1957, as aforesaid, the matter was discussed at length
and at the conclusion of' same a resolution was adopted authorizing the Hayor
to appoint a Com:mi ttee of Council to meet with Dol ton at the earliest oppor-
tnni ty to ascertain and verify the equities involved between the City and
Dolton in the matter and to recommend a proposed settlement of SaIne to a
special meeting of the iayor and Council of the Ci ty to be called for the
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purpose; and
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\fflEREAS, acting in pursuance of the aforesaid resollltion, the
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11ayor did appoint Conncilmen Brenner, Ables, Scarborough and 1.1ood to serve on
such Committee to meet with Mr. Bolton in the matter; and
'WHEREAS, such Cornmi ttae did on the evening of i'lovember 5, 1957,
meet '\vi th Bolton at length and has presented to a special meetinf" of Council
called a..1'ld held on '''ednesd3;V evening, "~ovember 6th, for the purpose, a
proposed settlement of the matter; and
\mEREAS, said Committee did ascertain that the repairs made to
the equipment by Bel ton personally while same was in his possession to date
totalled 1;;8,15'9.64 (Parts and Materials -5',462.45' and Labor for installing
Sa.'118 - ~2,697 .19); and that the fair rental value of the equipment for the
time that it was actually used by Bolton was $3,798.5'0, and therefore reCOID-
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men..-ied that the City enter into a contract with Bolton to pay t..l-}e difi'erence
between tho triO amounts of t,4,36l.1h to him upon return of all of said equip-
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ment to the City in its present condition, such payment to be in full and
final settlement oi' the matt,ar; and
WHEREAS, after a full discussion of same at the aforesaid special
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meeting of November 6, 1957, it was determined by the Hayor and a majority of
the }!embers of the Council attending that the settlement proposed and recom-
mended by the af'oresaid special Committee of Council was a fair and equi ta.ble
one and it was deemed in t.he best interests of' the City that same he approved
and accepted; and
WHEREAS, af'ter the above action the City Attorney presented a
draft of the within contract to effectuate such settlem.ent to the Hayer and
Council at the ai'oresaid meeting of November 6, 1951, and same was approved
by the Hayer and a lJ'I.a;jori ty of Council and the i-fayor was authorized to execute
same for and on behalf' of the City, and the Clerk wa.s aut."1orized to attest
the signature of the Mayor thereon and to affix the seal of the City thereto,
and to spread a conformed copy of sa:L:1e on t..he minutes of such meeting when
duly executed by the parties hereto.
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U(h'lf, T'riEREl''ORE, in consideration of the pre.rnises and the l'llUtual
benefi ts flow"ing each to the other and the r.ntual promises of each, it is
hereby contracted and agreed as follows:
1.
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That fortln..'1.th after the 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 concerning such delivery to be immediately
worked out between Bolton and cognizant officials of the City.
2.
That when Bolton has completed the delivery of the equipment here
involved to the City of Smyrna, that the City will im:nediate1y pay him the
sum of :."\4,361.14 by check duly and properly drawn on funds of the City on
deposit with one of the City's depository banks.
3.
That upon receipt of the aforesaid amount by Bolton, he does
hereby release both now and forever any claim, right, demand or equity that
he had, or might have had, a~:'ainst the City, or an,v official or employee
thereof by reason of the transaction herein described.
nl1tH~.JESS WHEREOF, the parties hereto have executed this agreement
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in duplicate on the day and year first above written, each delivering to the
other a manifold having the full force and effect of an original.
Attest:
Clerk
'Ii tness:
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CITY OF SMYRNA
By
Mayor
(1..5.)
A. V. Bolton
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ity Clerk:
IYL
~elen Baldwin
Councilmen: N. E. Brenner
Councilman: J. E. Johnson
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~uncilman:
D. M. Scarbrough
Councilman :
R. H. Wood
A ~pecial 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 CC),unc.ilmen
present: J. B. Ables, N. E. Brenner, J. B. Rhodes, D. M. Scarbrough and H. T.
Westbrooks.
Attorney Willingham gave a photostati'6n copy of repairs on equipment submitted v
by A. V. Bolton along with a proposed contract. CoPY' of each attached to these
minutes_and made a part thereof.
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Mayor Quarles asked Harold Willing/~ty Attorney in his chpinion is council placing V
themselves in jepordy if they come to any agreement with Bolton where City funds
are paid t6 him to adjust equities in the question of the machinery. .
Mr. Willingham stated that in his opinion Mayor and Council haye 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.
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Mr. Gibson arose from the audience and addressed l1ayor and Council and stated
that 'what he was saying was not as an incoming Mayor but as a tax payer. He
syated 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 that as former Mayor he 'had used Mr. Willingham legal adilice and had
always found him right. He Stated tfiat the machinery should be back to the
City the 15th day of this month. He said the matter had been illegal 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 bj the 15th of the month.
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Motion was made by Brenner seconed 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 t hat it was not good enough_for him. .
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Ables made an annnendment to the motion that the decision be deferred until we - \,"
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 'Wltil on or after January 6, 1958.
'U Vote on Mr. RhOdes ..-ndment was taken rirst.: One ror- 5 opposed.
Vote on Mr. Ables armnendment was taken. Motion carriedwith Rhodes abstaining.
Mayor Quarles asked to be instructed by council :fl~om whom he should obtain
more legal information.
Councilman Ables made a motion that Mr. Willingham be instructed to ask for
further legal adivce from our attorney General in t his matter. M9tionc~c~ed. ',l':/:
Seconed by Scarbrough. Rhodes abstaining. .
Brenner made a motion to adjourn, seconed by Rhodes.
Meeting adjourned.
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Mayor: James E. Quarles
V
Asst. Clerk: Ollie Williamson
Counc~~
CounciJinan: N. E. Brenner
Councilmm: J. :0. Rhodes
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Councilman: H. T. Westbrooks
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 present:
J.B. Ables, N.E. Brenner, J.E. Jolmson, 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 sununer 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.
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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 1st 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. Tarmer 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 license 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 b~siness license of
Wigleys Smyrna Beer Package'Store be 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 Conunerce inviting the .
Mayor and Council to participate in the parade honoring..,the l25th-anniversary
of the founding of Cobb County. .
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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 }1r. Boring authorized to install
said lights inunediately . 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.
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Motion by J.B. Rhodes, seconded by D.M. Scarbrough: Whereas Mr. A. V. Bolton
and/or The A. V. Bolton Company Inc. were given a contract by the City of
Smyrna to lay certain water and selierage mains during the year 1957 and whereas
persuant to contract'the city dually issued Mr. Bolton and/or The A. V. Bolton
Company Inc. a work order to lay certain "Tater mains in the William J. 'Mackenna
Subdivision on Campbell Road and whereas in persuant of this work order Mr.
Bolton and/or The A. V. Bolton Company inc. did commence the aforesaid construction,
but after working on same for some two weeks did abound such construction and
advised the city that he would not complete the same and whereas in view of the /
foregoing such construction is p~~icial1y completed at this time and it is
imperative that same be fully completed in order to furnish water to houses in
such subdivision alreaqy built, occupied and to De occupied.
Therefore be it resolved b y the Mayor and Council of the City of Smyrna that it
is hereby resolved by authorizing same as follows:
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1. That the above described construction contract of the City of Smyrna with Mr.
A. V. Bolton and/or A. V. Bolton Construction Company inc. be in and the saIl!e .~s
hereby cancelled for the reason as set forth above. -
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2.
That the city immediately assume the responsibility for the comp1etition of the /
afore described work and the Supt. of Construction Mr. David be and is hereby V
authorized to complete the work at the earliest practical time.
3.
That the Clerk be and hereby authorized to compile and keep an accurate record
of the expenditures of the city made in connection with completing the aforesaid v
construction. Voted unanimous.
Motion by R. H. Wood, seconded by H. T. Westbrook that we hire the necessary equip-
ment to correct the water drainage problem at Belmont Park. Voted unanimous.
Councilman Wood reported that from June 24th to September 2nd, a period of ten (10)
weeks that 19000 people went in swimming in the ~ty Pool on Church St.
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Motion by J.E. Johnson, seconded by D.M. Scarbrough that the policy to collect
a business license for a regular car in connection with a children nursery used
to pick up and deliver children be abolished and if any have paid said license
for 1957 it should be refunded. Voted unanimous.
Action on traffic lights deferred until Attorney Willingham could contact Mr.
Qui ttian with the State Highway.
Action deferred on hiring women to direct traffic at school crossing until next
counc'il meeting.
Attorney Willingham reported that Attorney General Cook stated that he would
render an opinion as requested.
Motion N.E. Brenner, seconded by D.M. Scarbrough that the City Attorney be authorized
to draft an act to present to the 1958 session of the legislature to incoperate in
the city limits all areas vo1unteer1y taken in during 1957. Voted unanimous.
Motion by J. B. Rhodes , seconded by D.M. Scarbrough that Mr. Willingham negotiate
with the attorney for the School Board and bring to conclusion the SEn-Terage line
on Reed Road which connects King Spring Road School to the city outfall line. ~
Voted upanimous.
Motion by H.T. Westbrooks seconded by J .E. Johnson to adjourn.
o
Meeting adj ourned.
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Mayor~./ ames E. Quarles
counc~~
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Councilman: N.E. Brenner
Councilman: J. B. Rhodes
Councilman: J .E. Johnson
Councilman: H. T. Westbrooks
(Q7lAIi~
Councilman .M. car ro
Councilman: R.H. Wood
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~ do solenmly swear that r Will well
y demead myself as Special Policeman of the City of Smyrna, and
I will faithf1il.ly enforce the Charter and Ordinances of' said City'
to the best of my ability, without fear or favor and in all action as
Policeman, act as I believe for the best interest of the City. So
help me God.
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Subecribed and sworn before
me this 4th day of December, 1957.
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