Loading...
November 1951 ~-- \ U .45 ( I '1" OATH OF REGISTRARS We, and each of us do solemnly swear that we will faithfully and impartially discharge to the best of our ability the duties imposed upon us by law as such registrars. Sworn to, 'before me, this the~f~day of October l~. ~ \. ~~ w fJ ~ l--1~~ . OATH OF ELECTION MANAGERS We, and each of us do swear that we will faithfully and impartially I :, ~ conduct this day's election according to law. That we will permit r~ L.. no one to vote who is not entitled to vote, and will prevent all illegal voters to the best of our skill and power, So Help us God. C:/J ~7 ,J/~41Z;i;- WV~~ Sworn to before me, this the ~day of November 1951. ~rcJ~~ C er __ _ .-J '.46 CERTIFIED ELECTION RETURNS OF REGULAR CITY ELECTION HELD THIS THE .Lrd DAY OF NOVEMBER 1951. We, the fuly appointeq Election Managers to conduct this election, declare the following results: o FOR COUNCIL: . H. L. McENTYRE, SR. GLENN R. YARBROUGH, JR. TOTAL i 19 VOTES So._ ~C' VOTES ~.L~ffVOTES I <:[, fD VOTES 1..--v~ VOTES 1..-7 V VOTES JOHN S. COLLIER CHARLES MAYES HAMBY HARRY B. MITCHELL, JR. STANLEY H. McCALLA 4'. (q VOTES (!.1l5r o .9\ We, therefore, certify to the Mayor and Council of the City of Smyrna, the election of (1jf.dA./iJ /1?1a<iLu;~4 ' ~ 13, 'tM:;J.,/LJ 9v and.~ ~~-.ri'. J....... FOR COUNCIL, they receiving the highest number of votes. ~/~ a~t/~ (j- .3/if~~ ~n1;l- .." o ~-----_. i' ~ 'U [ ... .)"... .... I I l.." 47 The regular meeting of the Mayor and Council was held at the City Hall, November 5, 1951, 7:30 P. M. Mayor J. M. Gibson, presiding, with the following Councilmen present: H. L. McEntyre, Stanley McCalla, C. W. Jones and John Collier. City Engtneer, M. J. Hensley and City Attorney, Harold Willingham present. Minutes of previous meeting read. Motion by Councilman Collier, seconded by Councilman MCEntyre to approve the minutes as read. Voted unanimou s . Minutes of special meeting October 15, 1951 read. Motion by Council- man McEntyre seconded by Councilman McCalla to approve minutes of special meeting as read. Voted unanimous. Motion by H. L. McEntyre seconded by Stanley McCalla to purcha~e J. B. Stamper property, ajoining city property on W. Spring Street, at a price of $1500.00. Voted unan'imous. Election report read declaring Glenn R. Yarbrough, Jr., Charles Mayes Hamby and Harry Mitchell, Jr. the three newly elected Councilmen to take office January 1952. Motion by John Collier seconded by H. L. McEntyre to accept report of -Election Managers. Voted unanimous._ Mr. John Tatum came before the Council in regards to a paving assess- ment notice he had received. City Engineer, M. J. Hensley asked by Mayor to check into this matter. Pursuant to advertising as required by the Charter a public hearing was held on the ordinance to pave Smith street introduced by Council- man John Collier and seconded by Counci~an Stanley MCCalla at the October 1, 1951 meeting of the Mayor and Council. After public hear- ing, motion was-made by Councilman John Collier and seconded by Stanley MCCalla that the ordinance for the paving of Smith Street be passed as introduced. Motion unanimously carried and such ordinance was adopted. Ruling given by City Attorney regarding Mayor's salary read by City Attorney Harold Willingham. Ruling to be spread on minutes and made a part thereof, by motion of Councilman John Collier seconded by John Collier. Voted unanfmous. \ Upon motion of Councilman John Collier seconded by Councilman H. L. McEntyre, the following 0 rdinance was adopted: ~ereas it has been determined by the Mayor and Council of the City of Smyrna, that because of the growth and expansion of the City that the full time services of the Mayor are required to properly preform the duties of his office as Mayor of the City of Smyrna and that it is there- fore necessary to compensate the Mayor for his full time services pre- viously rendered and to be rendered. Now therefore be it ordained by the Council of the City of Smyrna and it is hereby ordained as follows: that for the reasons aforestated it is deemed necessary that the Mayor render unto the City full time services in the performance as his duties as Mayor .ofThat' the Mayor" ",' ., be compensated the sum of $500.00 for full time services rendered unto the City from Octoberl, 1951 to November 5, 1951....,.,.., " ",,, '" :.- ' That from November 5, 1951 up to and through December 31, 1951 that the Mayor be compensated for full time services to be rendered by him during such period at the rate of $115.00 per week. That the compensation therein provided shall be paid from the General Funds of the City. The ordinance adopted by this Council on the 1st day of October 1951, pertaining to employing the Mayor as Supt.' of Construction and fixing his compensation therefor be and the same hereby is repealed in its entirety. Voting for Councilmen John Collier, H. L. McEntyre, and Stanley McCalla, ~ Voting against, C. W. Jones. Ordinance adopted. > ____ .J '48 Motion by Councilman Stanley MCCalla seconded by Councilman John Collier to give sewerage to eleven (11) houses facing Concord Road with the stipulation that the eleven (11) lots be declared in the City liroits by Bennett "Realty Company. Voted unanimous. Motion by Councilman John Collier seconded by Councilman Stanley McCalla to place order with Rensselaer Valve Company for seven (7) fire hydrants and an order of parts. Voted unanimous. Bills read by Mayor. Motion by Councilman H. L. McEntyre seconded by Councilman Stanley McCalla to pay current bills. Voted unanimous. Motion by Councilman H. L. MCEntyre seconded by Councilman Stanley 0 McCalla to extend 400' 2" water line for seven houses, Lee Street Extension known as Cadle Slw-Div. Voted unanimous. Mr. Gibson stated that he could get 14000' of 2" mechanic~l joint cast iron pipe -at .53~ pe~ foot. Mr. Pritchet came before council with a proposed project of 30 acres North of Spring Street just outside Ci~y limits, if water lines would be available. M~. Crowe ask the council to furnish water meter to serve seveftal houses he plans to build. . Motion by Councilman H. L. McEntyre, seconded by Councilman Stanley McCalla to table all request for water lines Until the next meeting. Voted unanimous. Wylie Durham came before the Council regarding city limits line which a~fects the property of his mother Mrs. C. T. DUrham. City Engineer ask to check into this matter and report to Council. Meeting adjourned. ~~- p or 016 L). II? C:"7 oL- j}L ,1 ~fl~~ ~ v.I. ~c~ // 1ncu:civ cJ ~ Clerk o - . Q .. . WILLINGHAM. CHENEY. HICKS & EDWARDS ATTORNEYS-AT-LAW MANNING BUILDING -'- TELEPHONE 726 t ~ MARIETTA. GEORGIA ~AROLD S. WILLINGHAM JOHN P. CHENEY CLAUD M. HICKS SCOTT EDWARDS. JR. October 18, 1951 Mayor and Council Ci ty of Smyrna City Hall Snwrna, Georgia Gentlemen: At the last regular meeting of the Mayor and Council of the City of Smyrna, I was instructed by you to render unt.o you an official written opinion with reference to the authority of the Council to fix the compensation of the Mayor for his services performed to the city in his capacity as Mayor or otherwise. \ l We here in the office have made a painstaking and thorough examination into the legal principles involved in the question presented to us for determination. In the course of such examination we have carefuJ:ly reviewed the Charter of the City of Smyrna, all general statutes of the State of Georgia pertaining to the subject matter involved, all court decisions of the appellate courts of this State touching on the matter, and also pertinent sections of recognized textbooks in the field of the law of municipal corporations. '" '-' In other words, we feel that we have, in preparing ourselves to answer the question presented, done as thorough a legal research job as .. possible. In .fact, we are well prepared to write an exhaustive brief on the subject. Accordingly, we could write the within opinion in the form of a brief and set forth therein in detail citations of the statutes and authorities in support of the conclusions reached, together .nth our reasoning in arriving at such conclusions in the light of such statutes and authorities. However, it is not believed that you are interested in receiving such an exhaustive opinion, but rather would prefer to have our conclusions succinctly set forth in plain English. We shall therefore proceed to do so. , i \ The Charter of the City of SrrcTna sets forth in general terms the duties of the Mayor of the City. It provides that the Mayor shall be the Cityls chief executive officer and that in such capacity he shall see that all laws, ordinances, rules and regulations of said city are faithfully executed. He is further given the responsibility to see that all officers and employees of said City faithfully discharge their respective duties. "W J ..... fl I I ~ 1fuyor and Council, City of Smyrna Page 2 la-18-51 .'. It is further his duty to preside at all meetings of the City Council and he has authority to convene the City Council into special or extra sessions when he deems same necessary. Specifically, and in addition to the above specially enumerated duties, he is given the responsibility of general supervision over all the affairs of the City. Even though the duties of the Mayor are rather clearly and suc- cinctly set forth as above outlined, there is no provision in any section of the Charter pertaining to his compensation for rendering these services that he is required by law to render. That is, the Charter provides no compensation whatsoever unto the Mayor, nor does it set forth any manner or method as to how such compensation shall be provided or paid. \ I , Vfu are of the opinion from our legal investigation made as aforesaid that the I~yor is not a Member of the City Council. He is the Chief Executive Officer of the City and as such is not a Member of its legislative body, which legislative body is of course the Council. As such Chief Executive Officer he is given the right and duty under the Charter to preside over all the meetings of the Council and is also given a veto power over any resolution or ordinance adopted qy the Council, such veto power to be exercised in the manner in detail set forth in the Charter. "'-I For the above reasons, that is since the Charter of the City of Smyrna provides no compensation for its Mayor and makes no provision what- soever for same and since the Mayor is not a Member of the legislative body of the City, it is our opinion that the City Council, the legislative body of the City, has authority to fix the compensation of the Mayor. Such compensation should be reasonable and commensurate with services ren- dered. The aforesaid stated are believed to be the only restrictions in fixing and providing the compensation of the Mayor for performing his duties as Mayor. j , f ! '-' Accordingly, it is our opln~on that if it is necessary for the Mayor to render full time services in performance of his duties as Mayor, then in such event the Council would be authorized to compensate him reasonably for such full time services. If it be necessary for the Mayor to render only part-time service to the City in the performance of his duties, then in such event, it would be proper for the Council to compen- sate him reasonably for such part-time serVices. It is believed that it is properly the duty of the Council to determine whether the duties of the ~yor require his full time services or his part-time services, and in the latter event the extent of same. Having resolved the above as aforesaid, we next turn to a con- sideration of the question as to whether or not the Mayor can, in addition .J .- .. \ l, Mayor and Council, City of Smyrna Page 3 10-18-51 to his office as Mayor, hold another office or job in the government of the City either as an officer or an employee thereof. Neither the Charter of the City nor the laws of this State are clear on the subject. Clearly, if the Charter of a City authorizes the Mayor to hold another job or office of the City, he can do so. Clearly, on the other hand, if the Charter of a city forbids the holding of any other job or office of such city by its Mayor, then he of course can not legally do so. Sectionlli of the Charter of the City of S~na provides in part in referring to the election of officials by the Council of the City, as follows : "In their discretion they may appoint the seme person to perform the duties of more than one office or more than one person to perform the duties of the same office, and all such officers shall be elected at the first regular meeting held at or after the election and qualification of said mayor and councilmen, or as soon thereafter as practicable.1I f I ~ While the above is clear enough when taken from its context in Section 18, it is not at all clear ~mether such sentence in connection with its context in Section 18 refers to all officers and employees of the City or only to the clerk and marshall thereof. There is no prohibition in the Charter of the City of Smyrna what- soever against the Mayor's holding another job or another office of the Ci~. Further, there is no general statute of this State that prohibits the mayor of any city in this State from holding another office or job in the government of a city of which he is mayor. Under the above circumstances, the only possible prohibition against a mayor's holding two jobs in the city government of a city of this State rests on the public policy of this state as determined by the courts of this State in the absence of particular legislative expression on the subject in each instance presented. f , { t '-' For the reasons above set forth, it is our oplnlon that it would be more legally proper to compensate the Mayor reasonably for full time services if same were necessary in the performance of his duties as Mayor of the City, than to compensate him for such full time services through the medium of two separate and distinct jobs or offices. If it is decided by Council that the full time services of the Mayor are necessary in the per- formance of his duties as Mayor, then in such event, it is our opinion that such full time salary as is authorized by the Council could be charged pro- rata against the various depar~~nts or funds of the City in proportion to the services rendered unto each. .J ..., ~ ~ lJayor and Council, City of Smyrna Page 4 10-18-51 If any further elaboration on the within op~on is desired, including citation of statutes and authorities, kindly advise and we shall endeavor to furnish same as expeditiously as possible. Yours very truly, HAROLD S. WILLmGHAM Attorney for City of Smyrna HSV{ : tdm , '-" , , , \ ,. ~ E. E. BENNETT PRESIDENT L I I ~ u RUFUS PRITCHETT SECRETARY R. B. BENNETT VICE-PRESIDENT BENNETT REALTY CORPORATION 501 PETERS BUILDING ATLANTA 3. GEORGIA November 6, 1951 Honorable Mayor and Council City of Smyrna, Smyrna, Georgia Gentlemen: It is requested that you immediately incorporate within the City of Smyrna eleven (11) lots located on the South side of Concord Road between Hollis Street and the Brown Property. In return for which we will purchase water meters, pay $100.00 for each sewer tap and otherwise conform to the building requirements as set up by the City of Smyrna. Thanking you for yo~ co-operation in this matter. We remain , Yours very truly, ~ORPORATI N R. B. Bennett, Vice Presi ent RBB/dp ~ \.., r L. J~ I ... 49 A special meeting of the Mayor and Council Was held at the City Hall November 9, 1951, 7:30 P. M. Mayor J. M. Gibson, presiding with the following Councilmen present: John Collier, C. W. Jones, Stanley MCCalla and H. L. McEntyre. City Attorney Harold Willing- ham, City Engineer M. J. Hensley present. Councilmen-elect Glenn Yarbrough, Jr., C. M. Hamby and Harry Mitchell, Jr. attended the meeting by invitation of the Mayor. . Purpose of meeting to study expansion program. The following plans were presented by builders: B. L. Wal~er, Wilson Lavender and Bill Ward presented plans for a proposed housing lCroject of approximately 152 houses, two and three bedrooms, priced ~7,500.00, off Corn and Jonquil-Drive. Kennesaw Land Company presented plans for a proposed housing project of approximately 170"houses, ~tw6' andr three. bedrooms ,"property ajoln- ing Belmont Hills and Pat Mell Road. Also ffiO or 60 duplex units in the future. H. G. Poss presented plans for a proposed housing project of app. 50 houses off King Springs Road and Concord Road. Mayor Gibson read a proposal contract from Bennett Realty Co., for a proposed housing project of approximately 200 houses,atw6~and three bedrooms off North Concord and East Holly st. HOWard McCollum, Supt. of Water Dept. reported on water meters on hand. 750 on hand of which number 642 already promised, and 100 in Atlanta' warehouse to be delivered. '1' J. . Brown, Supt. of Construction work gave a report on pipe on hand and also list of materials needed. Report on file. Mr. Smith reported to the Council concerning a used water tank avail- able for sale. Motion by Stanley MCCalla seconded by John Collier that Mr. Smith and Mr. H. G. poss investigate tank and present to the Council later. Voted unanimous. City Attorney Harold Willingham explained to the Council the meaning of Critical Defense and what it will mean to the City of Smyrna. He also stated government aid is available to municipalities after the municipalities funds have gone as far as possible. Mayor Gibson asked each of the Councilmen to express their opinion as being, or not being in favor of makine a complete survey of the proposed expansion program. Each of the Councilmen including the three councilmen-elect expressed themselves as being in favor of making the survey. Motion by Councilman Stanley McCalla seconded by Councilman John Collier to employ M. J. Hensley to make survey and submit complete plans of ex- pansion at a fee of $6500.00 Voted unanimous. Motion by Councilman John Collier seconded by Councilman Stanley Mc- Calla that in addition to the t6500.00 fee for survey, 3% on cost of all materials and construction that is completed of plans be paid to M. J. Hensley as City ~ngineer. Voted unanimous. , Mayor Gibson expressed appreciation to Engineer M. J. Hensley and Assistant Engineer Ralph Lewis, Jr. for their services preformed for the City on projects to date. Wm. Reed stated need for approxiwately 520' of pipe for water line to take Care of homes to be built on Wills Street. Motion by Stanley McCalla seconded by H. L. McEntyre to lay water line on Wills Street. Voted unanimous. Motion by Stanley McCalla seconded by H. L. McEntyre to purchase 14000' 2" pipe @ .53~ per foot from r~r. Gibson. Voted unanimous. ....1-> <!.o Mayor expressed appreciation to newly CounCilmen-elects for their interest in corning to meeting. __J ----- -..-- ," ... 50 Resignation effective this date of Councilman John Collier read by Mayor J. M. Gibson.. John Collier appointed by Mayor to fill the unexpir.ed term of Howard Hames who resigned at the October special meeting, term to expire December 31, 1952. Motion by Stanley McCalla-seconded by H. L. Mc- Entyre to approve the appointment of John Collier to fill the unex- pired term of Howard Hames. Voting for Stanley McCalla and H. L. Mc- Entyre. Voting against C. W. Jones. Motion carried. Motion by Stanley McCalla seconded by H. L. Mcl;!;ntyre for City to take Fleet Insurance with the Travelers Insurance and American Casualty Company including workmen's compensation, combination automobile policies and Fire Insurance. Voted unanimous. o rrh~~ Clerks #' ~kcvrt~-d> I / ~, .u...I ~.-..u 1./ ;r-/~ Q o