---
date: 1929-01-26
title: January 26, 1929 Minutes
source: 1929-01/1929-01-26_January 26, 1929_Minutes.pdf
pages: 1
---

January 26, 1929

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA JANUARY 26, 1929

A regular meeting of Stockbridge City Council met with the following members present: R. E. Lee, Mayor,
Col. Young H. Fraser, City Atty., Mr. Setz of the GA Power Co., Councilmen S. C. McWilliams, B. F. Bowen,
W. C. Crumbley, F. M. Mays, G. S. Keen.

Minutes of last meeting read and approved, with one correction which has been made.

A move and 2nd made and carried to adopt the following resolutions, which were read by Col. Young H.
Fraser.

RESOLUTIONS

WHEREAS under date of December 22nd 1928, the Mayor and Council by Ordinance duly adopted gave to
Georgia Power Company the exclusive option for thirty days from date to purchase the electric distribution
system and all fixtures and appurtenances thereto exclusive of plant and real estate, owned by the City at
the price and upon the terms herein stated, which said option was by a duly adopted ordinance extended for
a further period of fifteen days. both of said ordinances being recorded on the minutes of Council and are
made a part hereof by reference;

AND WHEREAS Georgia Power Company has notified the Mayor and Council that it accepts said option
and is ready to close the purchase of the property therein described at the price and upon the terms therein
named,

THEREFORE BE IT ORDANINED and it is hereby ordained, by the Mayor and Council of the City of
Stockbridge, in the regular session held; that the sale of said electric distribution system and all fixtures and
appurtenances thereto, exclusive of plant and real estate, owned by the City, be and is hereby bargained
and sold to said Georgia Power Company at and for the sum of nine thousand ($9000.00) dollars, to be paid
as follows:
One thousand ($1,000.00) dollars cash and the balance, eight thousand ($8,000.00) dollars, in
installments of five hundred dollars each, annually, on the fist day of January, beginning January 1st
1930 with interest, thereon, payable annually, on January 1st.

BE IT FURTHER ORDAINED that the Mayor and Clerk of Council be and they are hereby authorized,
empowered and directed in the name of and for the City of Stockbridge, to make, execute and deliver to
Georgia Power Company, upon its compliance with the terms of this Ordinance, Warranty Deed, conveying
the said system and appurtenances but not including the plant and real estate on which located, in fee simple
and free of all liens and encumbrances, with the stipulation in said deed that by its acceptance thereof,
Georgia Power Company agrees and obligates itself, it successors and assigns, to meet promptly at maturity
said deferred payments and interest thereon; the said deed is to be signed in the name of the City of
Stockbridge by the Mayor and Clerk of Council, who are further authorized, empowered and directed to do
and perform any and all other acts necessary to complete said sale according to the terms of this ordinance.

It is understood and stipulated that the City of Stockbridge shall make satisfactory arrangements with H. G.
Mays for the termination of its contract with him for the use of his power site, and also not allow the purchaser
of the plant equipment to use the same in generating and selling current in competition with Georgian Power
Company.

MINUTES 1/26/29
PAGE 2

It is further understood and agreed that the City is to continue in possession and operate the system until
such time as the power company reaches Stockbridge with a transmission line to be constructed as soon as
practicable, the City retaining all revenues arising therefrom and paying all expenses of operation and
ordinary repairs and maintenance until possession is taken over by the company.

This ordinance shall be recorded on the minutes of Council. Unanimously adopted by the Council, a majority
being present and voting for the same. January 26th 1926. i1

Approved this January 26, 1929.

R. E. Lee, Mayor G. S. Keen, Clerk of Council
MINUTES 1/26/29
PAGE 3

HENRY COUNTY, GEORGIA

DEED READ BY COL. FRASER, CITY ATTY

This Indenture, made and entered into this the 26th day of January 1929, by and between the City of
Stockbridge, a Municipal Corporation under the laws of Georgia, situated in Henry County, Party of the first
part, hereinafter referred to as the City, and Georgia Power Company, a corporation under the laws of
Georgia, with its principle office in Atlanta, party of the second part, hereinafter referred to as the Company.

WITNESSETH that the City for and in consideration of the sum of nine thousand ($9,000.00) dollars paid and
to be paid by the Company as follows, towit; one thousand ($1,000.00) dollars cash, upon the execution and
delivery of this conveyance, the receipt of which is hereby acknowledged and the balance, eight thousand
($8,000.00) dollars, in installments of five hundred dollars each, annually, on the first day of January,
beginning January 1st 1930, with interest thereon, payable annually, at the rate of six per cent, per annum,
on January 1st, has bargained and sold and by these presents does, bargain, sell and convey to Georgia
Power Company, its successors and assigns, the complete electric distribution system owned and operated
by the City, consisting of and including all poles, wires, fixtures, meters, transformers, street lighting circuits
and fixtures and other apparatus, appliances and appurtenances constituting said distribution system,
including electrical supplies and material on hand, but not including the power plant, real estate or equipment
therein, the pole line, wires and fixtures conveyed beginning at the H. G. Mays mill site and extending thence
to the City, a distance of about one and a half miles.

TO HAVE AND TO HOLD the said above granted and describes property, with all and singular the rights,
members and appurtenances thereunto appertaining, to the only proper use, benefit and behoove of the said
Georgia Power Company, its successors and assigns free of any and all liens or encumbrances in fee simple;
and the City the title to the said described, unto the said Company, its successors, and assigns, against the
City, its successors and against all and every other person or persons, shall and will and does hereby warrant
and forever defend by virtue of these presents.

In the acceptance of this conveyance, Georgia Power Company, agrees and obligates itself, its successors
and assigns, to meet promptly at the maturity the deferred payments herein before mentioned and the interest
thereon.
It is understood and stipulated that the City of Stockbridge will make satisfactory arrangements with H. G.
Mays for termination of its contract with him for the use of his power site, and also will not allow the purchaser
of the power plant equipment to use the same in generating and selling current in competition with Georgia
Power Company.

It is further understood and agreed that the City of Stockbridge is to continue in possession and operate the
system until such time as the Power Company reaches Stockbridge with a transmission line to be constructed
by it as soon as practicable, the City retaining all revenues arising therefrom and paying all expenses of
operation and ordinary repairs and maintenance until possession is taken over by the Company.

This conveyance is executed and delivered under power, authority and direction of a legally adopted
ordinance by the Mayor and Council of the City of Stockbridge (The City having power of sale under its
charter) under January 26th 1929 as follows:
The same resolution as pages 17-18-19 exact.
MINTUES 1/26/29 (DEED)
PAGE 4

Unanimously adopted by the Council a majority being present and voting for same, January 26th 1929.
Approved January 26, 1929.

R. E. Lee, Mayor G. S. Keen, Clerk of Council

In witness of all of which the City of Stockbridge has caused its Mayor and Clerk of Council to set hereto its
corporate signature and affix its corporate seal the day and year first above-mentioned.

Signed, seals and delivered in the presence of: Walter Moseley, Col. Young H. Fraser, N. P. GA State at
Large.

City of Stockbridge
R. E. Lee, Mayor
G. S. Keen, Clerk of Council
MINUTES 1/29/1929 (FRANCHISE)
PAGE 5

The following franchise granted the Georgia Power Company. by City of Stockbridge on January 26th 1929.
The following franchise was read by Col. Fraser, adopted, signed and delivered to the agent of the Power
Co., Mr. Setz.

ORDINANCE granting permission and consent to the Georgia Power Company, its successors, lessees and
assigns, to occupy the streets and public places of the City of Stockbridge in constructing, maintaining and
extending poles, lines and appliances for transmitting and distributing electricity and for other purposes.

SECTION 1. Be it ordained by the Mayor and Council of the City of Stockbridge that right, authority,
permission and consent are hereby granted to the Georgia Power Company, its successors, lessees and
assigns, to occupy and use the streets, alleys, and public places of the City of Stockbridge within the
present al future limits of the said City as from time to time the said Company, its successors, lessees and
assigns, may deem proper or necessary for the erection and maintenance of poles, towers, lines, wires
cables, insulators, transformers, and all appliances or connections for the business and purpose of
transmitting, conveying, conducting, using, supplying and distributing electricity for light, heat, power and
other purposes for which electric current may be useful or practicable for public or private use, and to
reenter upon such streets, alleys, and public places form time to time as may be necessary for extension
operation, repair and renewal of the same or any portion thereof, and to cut and trim trees and shrubbery
when and where necessary, in the judgement of the Company, to insure safe and efficient service.

SECTION II. Be it further ordained that the permission and consents herein contained are granted, only
upon the following conditions:

1. That the work of erecting poles and other work upon the streets and public places of said City of
Stockbridge shall be done under the supervision of the Mayor and Council of said City and that all side
walks or street pavements or street surfaces, which may be displaced by reason of such work, shall be
properly replaced and relayed by the said Georgia Power Company, its successors, lessees and assigns,
to the satisfaction of the Mayor and Council of said City.

2. That the Georgia Power Company, its successors and assigns, shall fully protect, indemnify and save
harmless the City of Stockbridge from all damages to persons or property caused by the erection or
maintenance of poles, wires, or other works, or conditions of streets, alleys or public places, resulting
therefrom for which the said City of Stockbridge would otherwise be liable or on account of which
judgement may be rendered against said City,
3. The said Georgia Power Company, its successors, lessees and assigns shall further, in constructing and
maintaining its systems of overhead lines, poles, wires and other structures, submit and be subject to all
reasonable police laws, rules and regulations of said City of Stockbridge for the regulations or control of
such structures.

SECTION III. Be it further ordained that the said Georgia Power Company, its successors, lessees or
assigns shall, within ninety days from the approval of this ordinances, file its written acceptance of the
same with the clerk of said City of Stockbridge.

SECTION IV. Be it further ordained that all laws and ordinances in conflict herewith be and the same are
hereby repealed.

MINUTES 1/26/29 (FRANCHISE)
PAGE 6

Adopted unanimously by the Mayor and Council of the City of Stockbridge at a regular meeting held Jan. 26,
1929. Approved Jan 26th 1929.

R. E. Lee, Mayor

G. S. Keen, Clerk of the City of Stockbridge hereby certifies that I was present at the meeting of the Mayor
and Council of the City of Stockbridge held on Jan. 26th 1929 at which meeting a quorum was present and
that an ordinance, a true and correct copy of which I hereby certify the foregoing to be, was duly passed and
adopted by said Mayor and Council of the City of Stockbridge at said meeting.

In witness whereof, I herewith set my hand and the corporate seal of the said City of Stockbridge, County of
Henry, State of Georgia this 26th day of Jan. AD 1929.

G. S. Keen, Clerk

The within franchise accepted on Jan. 29th 1929, Georgia Power Company by P. S. Arkwright, President.
At this time, a check for one thousand ($1,000.00) dollars was presented to the Honorable R. E. Lee, Mayor
by Mr. Setz.

The following oath was drawn by Col. Fraser,

I do solemnly swear that I will, as a member of Council of the City of Stockbridge, uphold the constitution
and laws of the State of Georgia and the provisions of the charter and ordinances of the City of
Stockbridge and will we each member of Council to the best of my ability, serve the best interest of
said City so help me God.

The above oath was signed by the following Councilmen:

S. C. McWilliams, W. C. Crumbley, B. F. Bowen, F. M. Mays, T. B. Hinton
MINUTES 1/26/29
PAGE 7

The following, a move and 2nd made and carried for G. S. Keen to serve as Clerk of the Council for 1929.

A move and 2nd made and carried for W. C. Crumbley to serve as treasurer for 1929.

A move and 2nd made and carried for S. C. McWilliams to serve as Mayor pro-tem for 1929.

A move and 2nd made and carried for Col. Young H. Fraser to serve as City Attorney for 1929.

A move and 2nd made and carried to pay Col. Fraser ten ($10.00) dollars for his trip to Council meeting of
this date January 26th 1929.

The following tax assessors were appointed by the Mayor, S. C. McWilliams, Chairperson, J. W. Clark,
Joseph Mann, G. S. Keen Clerk of the Body.

Clerk being instructed to notify the assessors of the appointment.

The franchise written in this minute was accepted by the Georgia Power Company on January 29th 1929
and signed Georgia Power Company, P. S. Arkwright, President.

G. S. Keen, Clerk of Council

Committee to assess values of city taxes: S. C. McWilliams, J. H. Lelork, B. F. Bowen
i Typed as written 1926
