September 1950
read..
m:1nutes
C Ounc :1l.man C..
execute
lerk attest
exeeu-
that
:1m-
to date l.:1st
:1n the
s same ..
HOward
extra l:1ne lead-
:1nto tank..
Howard Hames
hours to be
ng Co:mm:1ttee
McCalla to Mr.
needed of an and 2n on
P.. .. Shaw and seconded
unan:1mous..
GEORGIA,
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or the arorE,saj.d origi.nal ~
contract and agreement between the part,ies hereto has been upheld and sust~aj.rJe~
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it
of'the City's water and sewera.ge revenue certificates of' 19L6, in the case 01>. iE.~.......
Reed v. Cit;,y or Sm;,yrna, 201 Ga. 228, decided on September 5, 19L6; and I'
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WHEHEAS, such aroresaj,d expanded County wat€,r system vdll cause the if
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the jointly oYmed suppl.1r line, including the pmnping station located thereonl
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COBB COUNTY.
THIS CONTRACT made and entered into in duplicate this
day of'
September, 19$0, by and between the CITY OF SMYRNA, a ~mnicipal corporation
or said State and Count;:r.. as party ofLhe :first part, hereinai>ter called
the "City".. and COSB COUNTY, a poli t,iC.3J_ subdjv::i sian of the St,ate of
Georgia..
as party orLhe second part, hereinarter call.ed the "County";
WIT N E SSE T H
WHEREAS. a contra.ct and agreement, was made E.nd entered into on
r.ray 7.. 1946.. between sa:td part,ies, and whereas, such original contract and
agreement was supplemented and amended by an agreement entered into by
sa1(j
parties
on December 30.. 1947,
and whereas, such contracts and agreements
were further supplement,ed and amended b;y said parties on August, 31, 19Li3,
aJ.J_ of such contracts and agre€Illents
to the County supplying t,he
City water,
erection of' a jointl;y owned supply line and pUJnping stBtion,
the operation and maintenance
of same '!J etc..; and
WHEREAS, t.l:e
and
by the Supreme Court of Georgia in connection 1i\':i_'th the validation proceed:i.ngs
WI-IEREAS, earlier this year t.he County chartered a large expansj.on
of its water system.. the wat,er for such expanded system to be furnished b;y
the pre-existing supply line jointly owned by it and the City, and
in
pursuance thereof the County has issu.ed and validated and received the pro-
ceeds of' some :/$800,000.,00 of' Wat,er Revenue Anticipation Certificates and
now has such expanded water system under c onsT,ruction and contemplates
\;y
same at an earJ.;)r date; and
County to use a. .t'ar f~::-eater proportion of the f'acilj ties and
services of
and, accordingly, the parties hereto have ascertained and determined that
equity and good conscience would require a new agreement and arrangeJ:1ent
with rererence to the prora.tion o.f' .tho maintenance expense oE such
:facili i:;iea, and in pursuance thereof a resolution was duly adopted by the
Co~~ssioner of Revenues and Advisory Board of Cobb County at the
on 4p 19$O, authorizing the County
operation agreement regarding
jointly owned f'acilities; and
connection with the af'oresaid expansion 0 f
has erected a six-inch main from a point on Concord
its water
Road
City
vicinity,
inch main;
main of the City terminates near the western
Smyrna out Concord Ro.ad to South Cobb Drive and
maihS and other appurtenances on said six-
city is desirous of' purchasing said six-inch
thereto, running out Concord Road .fro "1 a
Limits of' the City o.f Smyrna to Sout,h Cobb Drive,
at, the erection cost thereof'; .and
is desirous of selling said line and appurtenances
on the t.erms af'oresaid f'or the re.ason that it will
County buying water from the City to supply said
can be better and more ef':ficiently operated and
of' the Cl tY water system since it will have to be supplied
to s.ame, and :further because the proceeds from
eXT,end the County's lines in other parts or the
otherwise be furnished.
together
point near
as
to the C;Lty
obviate
and
water by
such sale
County
tak ings
County
in consideration of' the premises and mutual under-
out, it ls contracted agreed between Cobb
of Sm;yrna.. each acting by and through its duly authorlzed
.. pursuant to resolutions and ordinances of
adopted:
1.
That Section 2 of the original contract as af'oresaid,pertaining
to subject matter between said parties, du1y executed on May 7, 1946, be
amended by striking the second sentence of' said section which reads as
maintaining and repairing said Ilne and pumping
borne the parties hereto", and by~ inserting in
a new reading as fo1lows: "The expense of maintai.ning
- 2 -
and repairing said line and pumping station shall be borne by the parties
heret.o in the manner hereinarter in detail set forth", so that said Section
2 as ~~ended herein shall hereinafter read as rollows:
"The City and County shall jointly construct a ten-inch pipe line
~om a point agreed upon on State Highway No. 3E to a point agreed upon
on the eastern outskirts or the City or Smyrna.. a distance of' approxi-
mately 7224 feet, and shall jointly erect a pumping station thereon.
The expense of maintaining and repairing said line and pumping station
shall be borne hy the parties hereto in the manner hereinaCter in
detail set rorth. The current operating expenses of same shall be pro-
rated between the parties in the manner more specifically hereinafter
provided."
2.
That Section 8 or the original contract as aroresaid pertaining
to subject matter between said parties, duly executed on May 7, 1946, be
amended by striking Section 8 thereof in its entirety and inserting in lieu
thereof a new Section 8 to read as f'ollows:
"All cost of maintaining and repairing the 'project' shall, during
the period of this contract be borne by the parties hereto on a pro rata
basis as hereinafter set f'orth. The County shall be responsible for
maintenance of the line and the City agrees to pay to the County within
thirty (30) days after any maintenance expenses are incurred, its pro
rata share of' same as hereinafter provided. Provided, however, that
the M~or and Councilor the City shall be notified beforehand of any
a.cessary repair work and shall approve same, unless such repairs be
or an emergency or urgent nature,in which event, the County may imme-
diately make them and shall notif'y the City of Same as soon as reason-
ably possible. Such maintenance cost and repairs, which are hereby
defined as all cost of maintaining the 'project! other than operating
cost covered by Section 9 beLow, shall be pro rated between the parties
hereto based on the gallonage consumption or water by each party for
the twelve months next preceding the month in which the expense of such
maintenance and repairing was incurred."
J.
That the City agrees to purchase from the County a certain water
line together with the appurtenances thereon now being erected by the County
from a. point on Conoord Road where an existing six-inch main or the City
terminates near the western City L:imi ts or the City of Sm,yrna out Concord
Road to South Cobb Drive and vicinity, said line consisting of a six-inch
cast iron main transgressing said area, together with smaller mains leading
off such six-inch main and together with all services and appurtenances
erected or to be erected on same, for cash, the purchase price of same to
be the cost of said line and system to the County.
4.
That the County agrees to sell said line and S,ystem upon its
completion to the City ror its cost incurred in erecting same, together
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w1.th engineering fees thereon.. there being attached hereto, marked "Exhibit
estimates of the cost of such
the
s.
render to the
system.
or
such line
at the unit
contractor
line and IWstem is completed the County shall
forth in detail the cost of such line and
the County, through its regular employees
does or has done any of the work erecting
be charged to the City of Smyrna by units
now prevailing between the County and the
the addition to the County water system.
6.
That
or saj_d line
upon such
shall immediately and,
the County shall
interest in
the aforesaid bill or the County for the cost
City agrees to immediately pay same in cash
the said line, system and appurtenances
of the w-lthin agreement vest. in the C:Lt;vand
divested or any title, claim, right or
than exist by reason oi' the within contract.
7.
of the CGunty and City shall jointly
route or said line and system and shall
of $35.00 f'or each meter insta~led, which
the County. 'fhat one-hall of' such meter installa-
the County and that one....halr of same shall belong
to either pay the City its one-half of
the bill to be rendered in accordance
That
the
a
amount shall be
fee
to the City..
Same in cash or
with Section 5 That title pasSes i'rom the County to the City
then.arra..ngements for meter installations
be by the City and the cost of same, not to
the amount charged residents of the City at the time f'or such service,
shall be f'ixed by the City and collected by it.
8.
as
the within contract and agreement,
residents of the County residing
line and sys tem on the same basis as it
within a reasonable
-4-
provides water services t,o its resi.dents, and al3rees never to exact a prj ce
higher f'or said water services than it exac.ts f'rom i.ts resident,s having
sewerage services.
9.
That, as f'urther consideration f'or the within contract and agreement,
the City agrees to sell to the County water at a point, or points, on South
Cobb Drive in the eVent that the County at a later date decides t.o extend
its lines either north or south on South Cobb Drive :for a price o:f 20if; per
one thousand gallons dtlringthe term of' the a.roresaid original agreement o.f
May 7, 1946, the County in such event to pay a.ll expenses of' connecting on
to the City's line and system, including the installation of' appropriai,e
meter or meters" Provided, however, that in t.he event the price of' water sold
to the City by the County is increased or decreased by subsequent agreement,
then the af'oresa:Ld of' 20if; per one thousand gallons shaJ_l be increased
or decreased corresponding as the case may be dUI':Lng t,he per:Lod of' any such
change..
10.
That as f'urther cons:Lderation f'or the within contract and agreement
both parties hereto agree that neither wilJ. take or f'urnish the water customer
of' the other so long as adequate and proper services at reasonable rates are
being rendered by each to any and all customers desirir~ the services of' the
f'acilities o:f the other unless mutually agreed.
11..
That said original contract between the parties hereto, together
wi th the supplemental agreements and amendments of' December 30, 191.i-7, and
of' August 3l, 1948.. are not altered, changed, or varied by the within
contract and agreement in any manner or respect whatsoever except as men-
tioned and provided herein.
12.
That should any phrase, clause, sentence, paragraph or section of
this contract and agreement or of' the aroresaid original agreement of' ~~y 7,
1946, together with the af'oresaid supplemental agreements thereto of' December
30, 1947, and August 31, 1948, be held invalid or unconstitutional in any
respect or manner whatsoever, it shall in no wise or way af'f'ect any or all
of' the remaining provisions, all or lNhich of' same shall. remain in full :force
and ef'f'ect.
-;; -
IN
the parties hereto acting by and through
, pursuant to appropriate
duly and properly adopted by
and agreement to be executed in duplicate,
having the full f'orce and erfect
of an
first above written.
Attest:
COBB COUNTY
4-L.L-
Roa.ds & Revenues
d
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ENGINEER'S ESTIMATE FOR CONCORD ROAD WATER
LINE AND SYSTEll1 FROM SJiIYRNA TO SOUTH COBB
DRIVE
NO. UNIT
UNIT UNITS PRICE COST
6" B&S'C.I. Pipe L.F. !~ 730 1..50 ,,, 7 ,09S .00
oft'-
C. I. Fittings Lbs. IBOo 0.125 225.00
iVI:ineralead It 800 0,,073 58.1..0
Lead " 150 0.12 18.00
Jute (Oiled) It 10 0.17 1.70
Jute (Braided) II 95 0.1~5 u2.. 75
61t Gate Valves & Boxes Ea. 10 u7..29 472.90
Fire Hydrant.s It u Sh.B7 339.48
Connection to Main " 1 15.00 15.00
4" Meter & By Pass " l 715.00 715.00
House Service " 26 hz.oo 1,092.00
Sub-Total for Construction 10,075.23
Engineering 604..52
Total $10,679.75
Estimate f'or Rest o.r I,ine on
Concord, South Cobb, and Wootten Road
6" C. I. Pipe
L.F'.
1400. 1..50
3980 0.70
1 84..87
2 u7.29
19 42.00
2!" C. I. Pipe
.,
Fire Hydrant.s
Ea.
6" Gate Valves & Boxes
..
Fi.tt.ingl' Jute & Lead
House Services
It
Sub-Total f'or Construction
Engineering
Cost or whole line
$10,679.75 ~ $6,427.26
=
~t, 2,100.00
2, '186.00
8h.87
94..58
200,,00
798.00
6,063.1.5
363..81
$ 6,L27.26
$17,107.01
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2<37
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A special meeting of the Mayor and Council was held at the City Hall
September 12, 1950, 7:30 P. M. Mayor J. M. Gibson, presiding with the
following Councilmen present; P. P. Shaw, H. L. McEntyre, Stanley Mc-
Calla, C. W. Jones and "Howard Hames. City Attorney Harold Willingham,
City Engineer Paul Hensley and Sup~. of Water Dept. Howard McCollum
present.
Purpose of meeting to adopt rules and regulations for November election
and elect election managers and registrars.
Motion made by Councilman P. P. Shaw and seconded by Councilman McEntyre
that the following Ordinance be adop~ed which was unanimously adopted:
Election of Mayor and two Councilmen for the term beginning January I,
1951 will be held Ndvember 4, 1950, as provided by the Charter of the
City. Hours of the election shall be from 1:00 P. M. to 7: P. M.
Deadline for registration of voters shall be the 20th day of October,
1950, as provided by the Charter of said City. Deadline for qualifi-
cation of Mayor or Councilman shall be the twentieth day of October,
1950, as provided by the Cnarter of the City.
On, or before such date all persons offering themselves as candidates
shall file a v~itten notice with the Clerk of said City s~tt~ng forth
their date and place of birth, period of residence in the City of Smyrna
real property owned by them, and a statement that they are a duly quali-'
fied registered voter of the City of Smyrna, and that they possess all
the qualifications required by said Charter for Mayor or Councilman, as
case may be, of said City.
It was further ordained that rules and regulations for contesting elect-~
ion be the Same as set forth in the Georgia Code for State E~ections.
Motion made by Stanley McCalla seconded by Howard Hames and unanimously
adopted that the following resolution and ordinance be adopted:
That pursuant to authority contained in Sec. 9 of the Charter of the
City that Jimmy Quaraes, Eugene Rice and Rev. E. B. Awtry be named, de-
signated, constituted and appointed as the three registrars of said City
to serve a term of one year, and until their successors are duly chosen
and qualified.
Said registrars shall examine the registration books of the City and
purge from same names of all persons not qualified to vote in the
Municipal election of said City, such qualification being set forth in
detail in the Charter of the City.
That on, or before the hour fixed for the commencing of the regular
election of said City to be held on November 4, 1950 for a Mayor and
two Councilmen of the City as provided by in the Charter of the City,
said registrars shall furnish to the managers duly selected to hold
such election three certified lists of the qualified voters of the
City eligible to vote in said election.
That said registrars shall be entitled to a compensation of $8.00 each
for certifying the lists of qualified voters for each election held in
the City.
That Jimmy Pierce, Justice of the Peace for the Militia District in
which the City of Smyrna is situated, E. C. Bramblett and John Collier
freeholders of said City, be elected as election managers for the City
election to be held November 4, 1950 to elect a Mayor and two IJouncil-
men. Said managers shall be paid the sum of $8.00 each for services
as-e1ection managers.
Motion made by P. P. Shaw seconded by C. W. Jones to clean alley from
Methodist Church to Love Street and widen it wherever property owners
desire. Voted unanimous.
>
Mr. Willingham read from Charter pertaining to the Citys authority to
enforce property owners to keep vacant lots cleaned off. City Clerk
to check as to previ~us ordinance is on file regarding same.
238
(Sept. min. con)
Motion made by Howard Hames seconded by H. L. McEntyre to give
B. A. Guthrie permission to tie on sewer due to a former agree-
ment made by the City Council, which was in exchange with Mr.
Guthrie for running line through Mr. Guthrie's private property.
Voted unanimous.
Motion made by Howard.Hames seconded by H. L. MCEntyre to pur- 0
chase Ii Ton 1942 Ford truck from Paul Hensley for '375.00.Vot-
ing for Howard Hames, H. L. McEntyre, C. W. Jones, Stanley Mc-
Calla. Against, P. P. Shaw.
Motion made by Howard Hames seconded by P. P. Shaw to rent com-
pressor for two more months. Voted unanimous.
Motion made by Howard H~~es seconded by Stanley MCCalla to pur-
chase automatic controll box for traffic light at Church and King
Street ~ntersection. Voted unanimous.
Motion made by HOward Hames seconded by C. W. Jones to employ an
additional policeman to be on duty from 2 P. M. Saturday until
2 A. M. Sunday morning, salary to be pro rated according to regular
policeman pay. Voted unanimous.
Councilman Hames and Councilman McCalla appointed by the Mayor to
further investigate giving Mr. Bearden a quit claim deed on alley.
Councilman McEntyre assisted by Councilman Hames was ask by the
Mayor to investigate the need of a new tank for fire truck and
c os t .
Meeting adjourned.
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Clerk ..
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