279 20 10383 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/6f0a8cf37eb29d329ff3035139536c32.pdf 4494f6df546a5cf78ff4e56207e32d93 Scripto Transcription A written representation of a document. March 15, 1967 Hr. B.ich rd H. Bi.ch Rich's, lni:. Atlanta, Georgi Der Dick: J ck Deliu i out of the city nd I hcaven" t yet been able to get the speelfic information you have ked for. As soon as he g.eta information is ck I will ccumulated. e that the Sincer ly, Iv n All n. Jr. Wr: � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document March 15, 1967 Mr. Richard H. Rich Rich's, Inc. Atlanta, Georgia Dear Dick: Jack Delius is out of the city and I haven't yet been able to get the specific information you have asked for. As soon as he gets back I will see that the information is accumulated, Sincerely, Ivan Allen, Jr. TAJr: am  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 117 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/bf253c1fd28c4cf053531eb8318c41c0.pdf a11ed6b5cb1c9c132b9890fbd0a7c475 Scripto Transcription A written representation of a document. L/1 /4 /7 c=;r- /J ~/_ d/- //] C ITY OF ATLANTA DEPARTMENT of PARKS Office of General Manager Atlanta, Georgia 30303 March 10, 1967 JACK C. DELIUS GE N ERA L MANAGER MEMORANDUM TO: Hon. Ivan Allen, Jr. FROM: Jack Delius SUBJECT: Mr. Rich's donation to equip four playlots The Land Agent is attempting to secure leases on a number of new playlots. Until we have the land in hand - and I have urged the Land Agent to proceed with all possible speed - we can't really give Mr. Rich any locations or equipment needs. However, we do need the following equipment for existing playlots: 373 Thurmond (Lightning) ---- Utility pole, lights and reflectors, outdoor electrical receptacle. Gillham Park (Blue Heaven) --- Utility _po.le, lights and reflectors, outdoor electrical receptacle. Haygood and Crew (Summer Hill) ---- Utility Pole , lights and reflectors, outdoor electrical receptacle and water fountain. 255 Dodd Avenue (Rented house f or recreation) ---- Pool table, electric water fountain, outdoor water fountain. Windsor Street near Richardson---- Swings, slides, basketball go a ls , sand box ,utility pole, lights and ref lectors and outdoor electrical receptacl e. Park Avenue & Lansing S.E . ---- Utility Pole , lights and reflectors, outdoor e l ectri cal receptacle , water fountai n~ Arlington Cir., N. W. ---- Utility pole, l igbts and ref l ectors, outdoor electrical receptacl e and water fountain . �-2We are trying to lease a house at 81 Little St., S.E. (Summer Hill) as a Recreation Center. We are attempting to locate land on Bender St., S.W. near the Candler Warehouse. The Land Agent is also trying to locate land in Plunkett Town which is in extreme southeast Atlanta near the Airport. We propose a new playlot on Hardee Street at Aberdeen (Blue Heaven) as well as a playlot at Perry Blvd. and Lively St., N.W. (Perry Homes) and anohter playlot for Haynes and Foundry Sts. (Lighting). We deeply appreciate Mr. Rich's offer and we shouldn't look a gift horse in the mouth. But, if it would be possible, we would appreciate having the funds donated for supplies, milk for the children that come to the playlots, equipment, and the expense for renting busses for transportation to-the swimming pools, Stone Mountain, Mathis Dairies, the State Capitol, etc. Of course, you have already advised me that Mr. Rich is interested only in equipment. We appreciate this very much. We estimate a cost of $ 2900. to equip.•.t . :bhe existing lots as outlined above. If we are successful ~in leasing six additional playlots, it would cost us roughly $800 per lot to grade, equip, install lighting and water fountain. JCD:bjw � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document cy Ap oh Aer _ Pith a Beige CITY OF ATLANTA DEPARTMENT of PARKS Office of General Manager Atlanta, Georgia 30303 March 10, 1967 JACK C. DELIUS GENERAL MANAGER MEMORANDUM TO: Hon. Ivan Allen, Jr. FROM: Jack Delius SUBJECT: Mr. Rich's donation to equip four playlots The Land Agent is attempting to secure leases on a number of new playlots. Until we have the land in hand — and I have urged the Land Agent to proceed with all possible speed - we can't really give Mr. Rich any locations or equipment needs. However, we do need the following equipment for existing playlots: 373 Thurmond (Lightning) ---- Utility pole, lights and reflectors, outdoor electrical receptacle. Gillham Park (Blue Heaven) --- Utility pdle, lights and reflectors, outdoor electrical receptacle. Haygood and Crew (Summer Hill) ---- Utility Pole, lights and reflectors, outdoor electrical receptacle and water fountain. 255 Dodd Avenue (Rented house for recreation) ---- Pool table, electric water fountain, outdoor water fountain. Windsor Street near Richardson -~--- Swings, slides, basket-— ball goals, sand box, utility pole, lights and reflectors and outdoor electrical receptacle. Park Avenue & Lansing S.E. -—--- Utility Pole, lights and reflectors, outdoor electrical receptacle, water fountain. Arlington Cir., N.W. ----— Utility pole, lights and reflectors, outdoor electrical receptacle and water fountain. in We are trying to lease a house at 81 Little St., S.E. (Summer Hill) as a Recreation Center. We are attempting to locate land on Bender St., S.W. near the Candler Warehouse. The Land Agent is also trying to locate land in Plunkett Town which is in extreme southeast Atlanta near the Airport. We propose a new playlot on Hardee Street at Aberdeen (Blue Heaven) as well as a playlot at Perry Blvd. and Lively St., N.W. (Perry Homes) and anohter playlot for Haynes and Foundry Sts. (Lighting). We deeply appreciate Mr. Rich's offer and we shouldn't look a gift horse in the mouth. But, if it would be possible, we would appreciate having the funds donated for supplies, milk for the children that come to the playlots, equipment, and the expense for renting busses for transportation to-the swimming pools, Stone Mountain, Mathis Dairies, the State Capitol, etc. Of course, you have already advised me that Mr. Rich is interested only in equipment. We appreciate this very much. We estimate a cost of $2900. to equip the exist— ing lots as outlined above. If we are successful in leasing six additional playlots, it would cost us roughly $800 per lot to grade, equip, install lighting and water fountain. JCD:bjw  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 116 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/883238f3f2893a15b35e9bfec51312db.pdf cf11e4b9dc87c4d889a061b84a08d51c Scripto Transcription A written representation of a document. March 15, 1967 MF.MORANDUM TO Jack Delius FROM Ivan All n, Jr. Upon your return, please see me ebout the It is not sufficient. Attachment lAJr: ttached information . � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document March 15, 1967 MEMORANDUM TO 3 Jack Delius FROM : Ivan Allen, Jr, Upon your return, please see me about the attached information. Tt is not sufficient. Attachment TAJr:am  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 115 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/8838753cc0fdb51f4b686f1ec7e3509e.pdf d41b286ac3e4d4b28c4b435304e46549 Scripto Transcription A written representation of a document. J !72_,LJ1VZLl RHODES STREET p D [LOP SAVANNAH STR EE T LEGEN D £LEMENTERY 5CH OOL5 EXISTING PA/2KS P R OP 05£D .PARK5 e CONNA LLY STREET PLAYLOTS SELECTED FOR PO RT- 0 - POOLS � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document ALTLANVIA PARK DEVELOPMENT MERRITTS * AT BEDFORD = A fAM - F VO : © ATL Ags =e a % @ * a 3 ~ © FACES s oO *e) % Bo y oO RHODES 002 wt | wesiry A STREET s & z 5 : $ a 4 A J A 10 5 © a Al ; wf os oO %. | : he ~ C}O\. WB O8 - Ry AA ° & Oo k& © oN A ry oJ®& we ak Ny \ 9 | or IIe? § » as a ‘B OA NDA f&s g 3 ay ox SS Wi 3 Cé = a 2 SIMPSON 2 X S Lip A = g eC 5 a G e0zQ, # as WA Oa Ne Cs 7 oe y OK 8 if. 9 Neer, yi ea ] O & oO as oO © Als A g a oO oO o s : x x aI Zen, a oO “© : g 0 ‘S : ye 29 . Sa ie a oO © ° = #0 O » “> a os poet oO Ss] fs 2 ql s y if a © = my it Ne Bo mg Ne j : © : A \. © O © ) , 5 ir ° Oo Oo B o a? we oO CONNALLY STREET SAVANNAH STREET GEN. ELEMENTERY SCHOOLS EXISTING PARKS PROPOSED PARKS PLAYLOTS SELECTED FOR PORT-O-POOLS  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 114 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/1602178a2d354c83f5a8e12738aa3a7f.pdf 73ab43e60164e9a9da5e0dd2555a4d37 Scripto Transcription A written representation of a document. M re h 21, 196 7 MEMORAND UM TO: Miss Anne Poland Director of Public Relations Rich's, Inc . FROM: Jack C. Delius General nager of Parks nd R creation In reference to a proposed donation from the Rich Foundation, I submit the following propo al . m pleased to Ue propose to purchase four portsbl swimming pools and install them on pl ylots located in four poverty neighborhood" of our City . Thio ill not onl y provide ihole ome, he lthful recreation for these underprivile ed cOtI1munitie , but ill also enable us to teach many underprivileged children to swim . D t ils of our plan s follows: LOCATION AND ATT NDANCE Th four location 1. eh vc ele tcd for the pools arc: iodee Stre t Pl ylot b tw en Sun et and Vine in nv1ne City" . 2. Merritts and 3. Connally 4. 196 dford Playl ot in '~Buttermilk Bott treet Playlot n ar ava.nn b tr et, II ichardson in ' ummerhill' . • in Cabb g Town" • ting to secur o l on the avann Street prop rty at thi time . In v nt th t are un ble to ecure thi 1 ase, Wi ha~ elect d an altern tiv location of n exi ti pl ylot on 373 Thurmond treet, N• • in th 'Li htnins' ar • �Pol nd for the fir t tn e pl 1lota du~in& th sus:r-:er of tad att ad •forth S vw:mah tr t location, ticipat • t t 1 r of 6.S, 71 for the entir r t ·11 four loc t ou . A br akdown ti t att ndunc for sch pl ylot is foll ~ t l 5,971 C , 11 4,17 .oo 450. 0 1, .oo 1,12,. 7,1· , . $ ,500. 0 • � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document March 21, 1967 y MEMORANDUM TO: Miss Anne Poland , Director of Public Relations Rich's, Inc. FROM: Jack G. Delius General Manager of Parks and Recreation In reference to a proposed donation from the Rich Foundation, I am pleased to submit the following proposal. We propose to purchase four portable swimming pools and install them on playlots located in four poverty neighborhoods of our City. This will not only provide wholesome, healthful recreation for these underprivileged communities, but will also enable us to teach many underprivileged children to swim. Details of our plan are as follows: LOCATION AND ATTENDANCE The four locations we have seletted for the pools are: 1. Rhodes Street Playlot between Sunset and Vine in "Vine City". 2. Merritts and Bedford Playlot in "Buttermilk Bottoms". 3. Connally Street Playlot near Richardson in "Summerhill". 4. 196 Savannah Street, $. E. in "Cabbage Town". We are attempting to secure a lease on the Savannah Street property at this time. In the event that we are unable to secure this lease, we have selected an al-~ ternative location of an existing playlot on 373 Thurmond Street, N. W. in the "Lightning" area. Page Two Memo to Miss Anne Poland 3/21/67 Based on actual attendance figures for the first three playlots during the Summer of 1966 and estimated attendance for the Savannah Street location, we anticipate a tetal attendance figure of 65,971 for the entire summer at all four locations. A breakdowa of the total estimated attendance for each playlet is as follows: Rhodes Street 12,600 Merritts and Bedford 19,403 Connally Street 16,968 Savannah Street 42,000 Total 65,971 For teaching purposes, one portable swimming pool cen accommodate 260 students in a 6% hour daily schedule. It is possible to teach 1300 children to swim during a gingle ten week summer vacetion with each pool. (By case study,fos Angeles City Board of Education) The pool under consideration is manufactured by the Port-A-Pool Corporation of Los Angeles, California and is made of otyuetrel steel, plywood panels and a vinyl lining. The basic Port-A-Pool with standard equipment includes a filter system, maintenance care, safety steel cover, ledder and security box for filter System, The total cost of purchasing and installing each pool is as follows: Port-A-Pool With Standard Equipment $ 4,175.00 Approximate Freight ; 450.00 Chain-Link Fence Around Pool Area 1,006.00 Shower Installation, Drainage, Electrical Hookup, Boardwalk, Chemicals, Locks, Etc. 4,500.00 Total Coat For One Location $ 7,125.00 $7,125.00 x Four Locations = - $28,500.00 The inside dimensions of the pool are 16 feet x 24 feet x 3 feet. The pool can be filled with 7200 gallons of water. Filtering requires epproximately two hours and the process continues while the pool is in use, At day's end, only fifteen minutes time is required to secure the pool cover, The limited, uniform, water depth of thirty inches gives every new swimmer the aséurance that wherever he steps there will be @ pool bottom. Delivery of the poole could be made within 30 to 45 days, depending on the number of orders received by the manufacturer prior to our order, SUGGESTED DEDICATION An appropriate dedication and ribbon-cutting will be planned for the opening of the poole with Mr, Rich, the fr, and other officials present. Also, we plan to heve representetives of the in each commnity te seeapt the pools on behalf of their communities. We are extremely grateful te the Rich Foundation for considering euch an outatending gift te the underprivileged! citizens of our greet City.  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 113 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/6de2b9fca1a9983c7a0a6de6a1e8546a.pdf 049d17ea475d49cefd29f9320e2e5ce3 Scripto Transcription A written representation of a document. C ITY OF ATLANTA DEPARTMENT of PARKS Office of General Manager Atlanta, Georgia 30303 March 21, 1967 JACK C. DELIUS GENERAL MANAGER TO: HONORABLE IVAN ALLEN, JR. FROM: JACK C. DELIUS Further Information on Gun Club Park - Perry Homes Robert Dobbs We will shortl y start Pha se 2 of Gun Club Park Site, and as my previous memorandum pointed out, this will include two b a seball fields and a football field. Presently , all of Perry Homes is north and east of Gun Club Pa rk and is physicall y separated from it b y Proctor Creek. The Housing Authorit y pl ans to build on the pa rk side of t he creek the Perr y Homes Ex tension a nd will involve putting in a bridge across Proctor Creek, ma king it re adil y accessible. Until this bridge is built, a ccess to Phase 2, wh ~ch is on the low lands, a nd visible to Perry Homes, and a ccess to Phase 1, which is on the high lands, and some d istance from Perry Homes , will be r a t her difficult, e xcept b y a round- about route . I have discussed these problems in det a il on severa l occ a sions with the Project Man ager and tena nts and the y seem to full y a ppreciate the difficulties . � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document CITY OF ATLANTA DEPARTMENT of PARKS Office of General Manager Atlanta, Georgia 30303 JACK C, DELIUS March 21, 1967 GENERAL MANAGER TO: HONORABLE IVAN ALLEN, JR. FROM: JACK C. DELIUS Further Information on Gun Club Park - Perry Homes Robert Dobbs We will shortly start Phase 2 of Gun Club Park Site, and as my previous memorandum pointed out, this will include two baseball fields and a football field. Presently, all of Perry Homes is north and east of Gun Club Park and is physically separated from it by Proctor Creek. The Housing Authority plans to build on the park side of the creek the Perry Homes Extension and will involve putting in a bridge across Proctor Creek, making it readily accessible. Until this bridge is built, access to Phase 2, which is on the low lands, and visible to Perry Homes, and access to Phase 1, which is on the high lands, and some distance from Perry Homes, will be rather difficult, except by a round-about route. I have discussed these problems in detail on several occasions with the Project Manager and tenants and they seem to fully appreciate the difficulties.  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 112 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/c28e8efa46c93703aace0c2ddc2ea0b6.pdf b11e11409480bc39bb621760afe7b2fc Scripto Transcription A written representation of a document. Ma re . 1 7 , 196 7 Mr . Thomas Choyce, Associilte City Attorney , Cit; L w Department , · 614 First N.1 tiondl B.:nk Building , Atlantn, Georgia . Re: Contrcl ct Between J . C. B rrett Construction Co . & Cit y of Atl ~nta De a r Tom: Confirming our verb 1 conver ation, I wi s h f or you to place on notice the abov contr.:Jctor th the is dr · stica ll y bot. ind in his schedule of construction . The contr act , da te, I be lieve, November 4 , 1965 c a lls for t he ork to be completed in no more t h n 270 consecutive c ul ndll r d y . Of cour e, t 1ere hdve n sever 1 c h nge orders to the contract . ·n t he , have nec~s ril y cau ed slight del ; s , By copy of t his letter I am r3 ,uesting the Comptroller to forw rd to your office t h origin 1 contract ith ~11 aupporting docu nts chang order • etc . ; h n you fini hed with them, pl a e return t lie to t he Comptrollers office . re Th nking you f or your continued ssist nee , I ~m Cordially , J ck C. D lius Genera l n er of nd JCD: jh cc : Mayor Iva n Allen, Jr. ecrea tion »rk � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document March 17, 1967 Mr. Thomas Choyce, Associate City Attorney, City Law Department, 2614 First National Bank Building, Atlanta, Georgia. Re: Contract Between J. C. Barrett Construction Co. & City of Atlanta Dear Tom: Confirming our verbal conversation, I wish for you to place on notice the sbove contractor that he is drastically behind in his schedule of construction. The contract, date, I be- lieve, November 4, 1965 calls for the work to be completed in no more than 270 consecutive calendar days. Of course, there have been several change orders to the contract, and they have necessarily caused slight delays, By copy of this letter I am roquesting the Comptroller to forward to your office the original contract with all supporting documents. change orders, etc.; when you are finished with them, please return them to the Comptroller's office, Thanking you for your continued assistance, I om Cordially, Jack €. Delius General Monager of Perks and Recreation JCD: mjh ec: Mayor Ivan Allen, Jr. ee oe ——  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 111 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/f2da9daf55719d8185cb77d84058854f.pdf 6f7081a580a436930a510d5c0124fb7f Scripto Transcription A written representation of a document. t'Ch 27 , 1967 Mr . Dick Donny King & Sp lding 434 Trust Comp ny of Georgia At lant , Geor gia Dear Mr . uilding nny: I ttaeh h r to hope to introduc rough draft of the Re olut:ion ,-,hich to the Board of Aldermen on Monday, April 3, 19~7, a~ 2:00 P.M. , City Hall . Pl f el fro to any ugg ted changes . By copy of thi 1 tter, I ending dr ft copy to Mia Anne Poland for any co ente Mr . Rich might h v . t njoy d t lking with you this rntng, nd I Cordially, Jack C. Hu G nsral nager of P rks and Recre tion JC : jh Encl . ta, Ga. ccr rabl Ivan All n, Jr. � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document March 27, 1967 Mr. Dick Denny King & Spalding 434 Trust Company of Georgia Building Atlanta, Georgia Dear Mr. Denny: I attach hereto a rough draft of the Resolution which we hope to introduce to the Board of Aldermen on Monday, April 3, 1957, at 2:00 P.M., City Hall. Please feel free to wake any suggested changes. By copy of this letter, I aw sending a draft copy to Miss Anne Poland for any comments Mr. Rich might have. I enjoyed talking with you this morning, and I am Cordially, Jack 6x Delius General Manager of Parks and Recreation JCD imjh Bnel. ec: Mies Anne Poland Director of Public Relations Rich's Ine. Atlanta, Ga. ec: Honorable Ivan Allen, Jr. a a  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 110 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/2a1175ad115c8f96aa73991798400935.pdf 91d5e7152907cbc7084c8a762f8e6ba1 Scripto Transcription A written representation of a document. CITY OF ATLANTA \ .b DEPARTMENT OF LAW 1114 WtLLIAM•OLIVER BUILDING _./ / ) ATLANTA, GEORGIA 30303 \ . \ I Q) , , .. \ ) \)-'~ Su,(),\, March 24 , 1967 Personal and Confidential Mr . J ck C. Delius General Manager of Parks and Recreation City Hall Annex Atlanta, Georgia Dear Jack : This letter is in the following question: "Can the City of buildings inclu Cycloram in G recent inquiry posing nd a.c-:1:1:H,u: of the opinion that this itu tion could ther f 11: (1) public entity for a public purpo e; (2) private entity for (3) public entity for (4) L to _ private ntity for priv t priv t purpo . • purpos ; public purpo I 1 av it to your good judgment to d t rmin into thich of th bov cat gori this p cific - itu tion you mak r f r nc to ould f llo po As you kno, the City of Atlant w r c ntly giv the r to l i n t int r tin p rk 'prop rty. Thi bill, �Page 2 Mr . Jack C. Delius 3/ 24/ 67 passed during the 1967 Session of the Georgia Assembly , is known as House Bill No . 299 . I enclose herewith a copy of said House Bill for your further perusal. Please bear in mind that this opinion is predicated upon the Gov ernor signing this Bil l into law. Absent the Governor ' s approval of this Bill , the answer to the question posed by you is in the negative . Let us assume for the purpose of this opinion that the Governor shall sign this Bill into law . The general rules applicable to this situation can be stated as follows : ( 1) "As a general rule , a city may not lease a public park to the exclusion of the right of public enj oytr1ent, or contrary t o the purposes of the dedication of the land . Nor may the legislature authorize a municipality to lease land dedicated as a public park , square or counnon . So also, legislative power to authorize a city to lease a part of a park, where the public right to the free use of the land lea ed is not prevented, has been recognized . And a lease of state lands devoted to park purposes my be sustained as consistent with the dedication of the 1 nd to public use. The authority of a municipality to enter into valid lease of park lands is sometimes expressly authorized by statut • The validity of a lease by the city has b en sustained where it will result in further nee of the public use. The v lidity of a leas by th inhabit nts of a town of 'common 1 nd 1 not granted into private ownership nor needed for public purposes h s al o been sustain d. "As regard the income from lea e of land cquir d for a public p rk, the rul h b en decl . r d th t uch income mu t b d voted to public u e ." 39 Am Jur 810 1 811. �Page 3 Mr . Jack C. Delius 3/ 24 / 67 (2) "When land is dedicated for a special and · limited use, use for any other purpose is unauthorized . Whether a particular use amounts to a diversion from that for which the dedication was made depends on the cir cumstances of the dedication and the intention of the dedicator, and is therefore largely a question of fact . In any case, however, such use is authorized as is fairly within the terms of the dedication and reasonably serves to fit the property for enjoyment by the public in the manner contemplated . The dedicator is presumed to have intended the property to be used by the public, within the limitations of the dedication , in such way as will be most convenient and comfortable and according to not only the properties and usages known at the time of the dedication, but also to those justified by lapse of time and change of conditions . " "'v'.'.' 23 Am Jur 57, 58 . (3) "The municip l use nd control of public parks may be subject to restrictions contained in the gr nt of the l and therefor. Wh r don tion or dedic tion of tr ct of land is made to a municip 1 corpor tion olely for a public p rk, the muni~ip lity c nnot u e it for purposes incon istent with the purposes of such grant . " Vol . 10 1 McQuillin on The Law of Municip l Corporations, 172. port Th Geo r gia 1 w with r spect to the gen r l probl com• with the general law nd c n b wmn•riz d follow: �Page 4 Mr . Jack C. Delius 3/24/67 "Property dedicated to a public use may by the dedicatee be put to all customary uses within the definit ion of the use . Any use which is in• consistent, or which substantially and materially interferes, with the use of the property for the particular purpose to which it was dedicated, will constitute a misuser or diversion; and while under the general rule a misuser or diversion of the property for any purpose other than the one designated will not work a reversion of the property freed from the easement to the owner of the dominant fee, equity will, on the petition of proper parties,· enjoin such misusei: or diversion . " Brown v. City of East Point, 148 Ga . 85 8 hn . 3. Now to answer the specific question posed by you . Under the Bill itself, we can , for a period not to exceed four year nd for a valu ble consideration, lease the subject property with the following reservation: origi (l) We can lease to a public entity for public u e not inconsistent with the original dedication; (2) We c nnot lease to a private entity for private use bee u e of the inconsist ncy; (3) We cannot lea e to a public entity for priv te use bee u e of th incon istency; nd (4) W c n le s to a private entity for public u not inconsi tent with the dedication. The d die tion in this inst nee 1 th.a t which Mr. Gr lly t forth in the deed of gift wh reby the Cyclor �Page 5 Mr . Jack C. Delius 3/ 24/67 was to be opened to the general public . Also, this opinion presupposes that should the lease be made to a public entity, the public entity would be authorized by law to enter into a lease such as you may, f.rom time to time ., envisage . Trusting that this answer your inquiry, I remain Very truly yours, ~ ~ Thomas F. Choyce TFC : jc Encl . 1 cc: Hon . Ivan Allen, Jr . , Mayor / City of Atlanta City Hall Atlanta, Georgia 30303 Mr . R. Earl Landers Administrative Assistant City Hall Atlanta, Georgia 30303 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document DEPARTMENT OF LAW 1114 WILLIAM-OLIVER BUILDING © yy ATLANTA, GEORGIA 30303 © \ (ul March 24, 1967 CITY OF ATLANTA \2 Personal and Confidential Mr. Jack C. Delius General Manager of Parks and Recreation City Hall Annex Atlanta, Georgia Dear Jack: This letter is in respoxisé the following questions fall: (1) (2) (3) (4) Lease to a private entity for a public purpose. I leave it to your good judgment to determine into which of the above categories this specific situation you make reference to would fall. As you know, the City of Atlanta was recently given the power to alienate interest in parks' property. This bill, Page 2 Mr. Jack C. Delius 3/24/67 passed during the 1967 Session of the Georgia Assembly, is known as House Bill No. 299. I enclose herewith a copy of said House Bill for your further perusal. Please bear in mind that this opinion is predicated upon the Governor signing this Bill into law. Absent the Governor's approval of this Bill, the answer to the question posed by you is in the negative. Let us assume for the purpose of this opinion that the Governor shall sign this Bill into law. The general rules applicable to this situation can be stated as follows: (1) “As a general rule, a city may not lease a public park to the exclusion of the right of public enjoyment, or contrary to the purposes of the dedication of the land. Nor may the legislature authorize a municipality to lease land dedicated as a public park, square or common. So also, legislative power to autho- rize a city to lease a part of a park, where the public right to the free use of the land leased is not prevented, has been recognized. And a lease of state lands devoted to park purposes may be sustained as consistent with the dedication of the land to public use. The authority of a municipality to enter into a valid lease of park lands is sometimes ex- pressly authorized by statute. The validity of a lease by the city has been sustained where it will result in a furtherance of the public use. The validity of a lease by the inhabitants of a town of ‘common land’ not granted into private ownership nor needed for public purposes has also been sustained. “As regards the income from a lease of lands acquired for a public park, the rule has been declared that such income must be de- voted to public uses." 39 Am Jur 810, 811. Page 3 Mr. Jack C. 3/24/67 (2) (3) Delius “When land is dedicated for a special and limited use, use for any other purpose is unauthorized. Whether a particular use amounts to a diversion from that for which the dedication was made depends on the cire- cumstances of the dedication and the inten- tion of the dedicator, and is therefore largely a question of fact. In any case, however, such use is authorized as is fairly within the terms of the dedication and reasonably serves to fit the property for enjoyment by the public in the manner contemplated. The dedicator is presumed to have intended the property to be used by the public, within the limitations of the dedication, in such way as will be most convenient and comfortable and according to not only the properties and usages known at the time of the dedication, but also to those justified by lapse of time and change of conditions." 23 Am Jur 57, 58. "The municipal use and contvol of public parks may be subject to restrictions con- tained in the grant of the land therefor. Where a donation or dedication of a tract of Land is made to a municipal corporation solely for a public park, the municipality cannot use it for purposes inconsistent with the purposes of such grant." Vol. 10, McQuillin on The Law of Municipal Corporations, 172. The Georgia law with respect to the general problem com- ports with the general law and can be sunmarized as follows: Page 4 Mr. Jack C. Delius 3/24/67 "Property dedicated to a public use may by the dedicatee be put to all customary uses within the definition of the use. Any use which is ine consistent, or which substantially and materially interferes, with the use of the property for the particular purpose to which it was dedicated, will constitute a misuser or diversion; and while under the general rule a misuser or diversion of the property for any purpose other than the one designated will not work a reversion of the property freed from the easement to the owner of the dominant fee, equity will, on the petition of proper parties, enjoin such misuser or diver- sion." Brown v. City of East Point, 148 Ga. 85, hn. 3. Now to answer the specific question posed by you. Under the Bill itself, we can, for a period not to exceed four years and for a valuable consideration, lease the subject property with the following reservations: (1) We can lease to a public entity for public use not inconsistent with the original dedication; (2) We cannot lease to a private entity for a private use because of the inconsistency; (3) We cannot lease to a public entity for a private use because of the inconsistency; and (4) We can lease to a private entity for a public use not inconsistent with the dedication. The dedication in this instance is that which Mr. Gress originally set forth in the deed of gift whereby the Cyclorama Page 5 Mr. Jack C. Delius 3/24/67 was to be opened to the general public. Also, this opinion presupposes that should the lease be made to a public entity, the public entity would be authorized by Law to enter into a lease such as you may, from time to time, envisage. Trusting that this answer your inquiry, I remain Very truly yours, jr TFC:ic Thomas F. Choyce Encl. 1 cc: Hon. Ivan Allen, Jr., Mayor ~ City of Atlanta City Hall Atlanta, Georgia 30303 Mr. R. Earl Landers Administrative Assistant City Hall Atlanta, Georgia 30303  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 109 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/8f6f881c47bacf777694be4bbd3d00ee.pdf a2f4ddce2e833b8119ca3359ff2538ef Scripto Transcription A written representation of a document. CITY OF ATLANTA DEPARTMENT OF LAW 111¢ WILLIAM-OLIVER BUILDIN,G, ATLAN,TA, GEORGl,A 30303 March 24 , 1967 Personal and Confidenti 1 Mr .• Jack C. Delius General Manager of Parks and Recreation City H 11 Annex Atl nt , Georgia Dear J ck: This 1 tt r is in respo the following question.: "Can the City of A~ ----buildings inclu Cyclorama in G cert in land it d to, the Before I c n g r four ba ic ther f 11 : tf.ty for (2) ntity for (4) public purpo priv t public entity for a priv t L as v to nd of the opinion th t thi situ tion could (1) (3) 1 1 recent inquiry posing priv te ntity for it to your good jud ent to d t in above categorie this p cific situ tion you would fall. . ' ,. purpo purpo •• public purpo • into hicb of the ref r ce to As you know, th City of Atl nt war c ntly iv the int rat in p rk ' prop rty. Thia bill, pow r to ali n t �Page 2 Mr . Jack C. Delius 3/ 24/ 67 passed during the 1967 Ses sion of the Georgia Assembly , is known as House Bill No. 299 . I enclose herewith a copy of said House Bill for your further perusal. Please bear in mind that this opinion is predicated upon the Governor signing this Bill into !,_;!!. Absent the Governor's approval of this Bill , the answer to the question posed by you is in the neg tive . Let us assume for the purpose of this opinion that the Governor shall sign tluls Bill into law . The general rule applicable to this situation can be stated as follows : (1) "As a general rule, city my not lease public park t o the exclusion of the right of public eajoym nt, or contrary to the purposes of the dedication of the land . Nor may th legislature authorize municip lity to lea e land dedicated as a public park, square or common . So also, legislative power to autho• rize a city to leas a part of a park, where the public right to the fre u of the l nd leased is not prevented, has been recognized. And a lease of state land devoted top rk purposes m y be su tained s consistent with the dedication of th l nd to public u e. The uthority of a municip lity to nt r into valid la e of p rk l nds i som times xpre sly uthorized by t tut . The v lidity of al ase by the city h been u tain d wh re it 111 r ult in furth ranc of th public u • Th v lidity of l by the inhabit nt of a town of 'comnon 1 nd 1 not r nted into priv te own r hip nor need d for public purpo sh lso b sust inedo "A r gard th inco cquir d for public p been d cl rd t t uch voted to public u a." 39 Am,Jur 810 1 811. �Page 3 Mr. Jack C. Delius 3/24/67 (2) "When land is dedicated for special and limited use, use for any other purpose i e unauthorized . Whether a particular use amounts to a diversion from that for which the dedic tion was made d pends on the circumstance of the dedication and the intention of the dedicator, and is therefore largely a question of fact. In any case, however, such use is uthorized as is fairly within the term of the dedication and reasonably serves to fit the property for enjoyment by the public in the mann r contemplated . The dedicator is presumed to have intended the property to be used by the public, within the limitation of the dedication, in such way as will be most convenient and comfortable and according to not only the properties nd us ges known at th time .o f the dedication, but also to those justifi d by lapse of tie nd chang of conditions . " 23 Am Jur (3) y s.7, 58. "The municipal use and contJjOl of public parks my b ubject tor triction con• tin din th grant of the land therefor. Wh r donation or dedication of tr ct of land i made to municip l corporation ol ly for public p rk, the municip lity c nnot us it for purpo e incon i tent ith th purpo ·s of such grant." The Georgia l aw with r sp ct to port 1th t g ral l wand can b g n ral probl c d s follows: - �Page 4 Mr . Jack C. Deliu 3/24/67 "Prop rty dedic ted to a public u e y by the dedicatee be put to all cu tom ry use within the definition of the use . Any use which i in• con istentp or which substantially and materi lly interferes, with the use of the property for the p rticul r purpose to which it was dedicated , will constitute a misuser or diversion; and whil under the general rule misuser or diversion of the property for ny purpose other than th one designated will not work a reversion of the property freed from the easement to the owner of the dominant fe, equity will, on the petition of proper partie , enjoin such misuser or diversion . " Brown v . City of East Point, 148 Ga . 85, hn . 3. Now to nswer the specific question po ed by you. Under the Bill itself, we can, for period not to xc d four years nd for av lu ble consideration, lease the subj ct property with the following reservations: (1) We can lease to a public entity for public u not incon 1 tent with the original dedic tion; (2) w c nnot lea priv t (3) u to a privet tity for of the incon 1 tency; b eau w cannot lea e to privat us public entity for b cau e of th incon i t cy; and (4) W can 1 u de ication in thi instanc is that which Mr. Gr lly t forth in the de d of gift wh r by the Cycloram Th origi to a priv t ntity for public not inconsi tent with th . d dication. �Page 5 Mr . Jack C. Delius 3/24/67 was to be opened to the general public. Also, this opinion presupposes that should the le ee be made to a public entity, the public entity would be authorized by law to enter into a lease such as you may, from time to time, envisage. Trusting that this answer your inquiry, I remain Very truly yours , iv--~ Thomas F. Choyce TFC : jc Encl. 1 cc: Hon9 Ivan Allen, Jr., Mayor City of Atlanta C1ty Hall Atlanta, Georgia 30303 Mr. R. Earl Landers -./,,Admini trativ A aistant City H 11 Atl nt, Georgi 30303 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document CITY OF ATLANTA DEPARTMENT OF LAW 1114 WILLIAM-OLIVER BUILDING ATLANTA, GEORGIA 30303 March 24, 1967 Personal and Confidential Mr. Jack C. Delius General Manager of Parks and Recreation City Hall Annex Atlanta, Georgia Dear Jack: This letter is in respons the following questions recent inquiry posing "Can the City of Atla nage certain lands and C1 a mited to, the Before I can go\into the /opinion, I am of the opinion that there are four basic ce ¥Anto which this situation could fall: (1) blic entity for a public purpose; (2) private entity for a private purpose; (3) a public entity for a private purpose; and (4) Lease to a private entity for a public purpose. I leave it to your good judgment to determine into which of the above categories this specific situation you make reference to would fall. As you know, the City of Atlanta was recently given the power to alienate interest in parks' property. This bill, Page 2 Mr. Jack C. Delius 3/24/67 passed during the 1967 Session of the Georgia Assembly, is known as House Bill No. 299. I enclose herewith a copy of said House Bill for your further perusal. Please bear in mind that this opinion is predicated upon the Governor signing this Bill into law, Absent the Governor's approval of this Bill, the answer to the question posed by you is in the negative. Let us assume for the purpose of this opinion that the Governor shall sign this Bill into law. The general rules applicable to this situation can be stated as follows: (1) “As a general rule, a city may not lease a public park to the exclusion of the right of public erjoyment, or contrary to the purposes of the dedication of the land. Nor may the legislature authorize a municipality to lease land dedicated as a public park, square or common. So also, legislative power to autho- rize a city to lease a part of a park, where the public right to the free use of the land leased is not prevented, has been recognized. And a lease of state lands devoted to park purposes may be sustained as consistent with the dedication of the land to public use. The authority of a municipality to enter into a valid lease of park lands is sometimes ex- pressly authorized by statute. The validity of a lease by the city has been sustained where it will result in a furtherance of the public use. The validity of a lease by the inhabitants of a town of ‘common land' not granted into private ownership nor needed for public purposes has also been sustained. "As regards the income from a lease of lands acquired for a public park, the rule has been declared that such income must be de- voted to public uses." 39 Am Jur 810, 811. Page 3 Mr. Jack C. Delius 3/24/67 (2) (3) “When land is dedicated for a special and limited use, use for any other purpose is unauthorized. Whether a particular use amounts to a diversion from that for which the dedication was made depends on the cir- cumstances of the dedication and the inten- tion of the dedicator, and is therefore largely a question of fact. In any case, however, such use is authorized as is fairly within the terms of the dedication and reasonably serves to fit the property for enjoyment by the public in the manner contemplated. The dedicator is presumed to have intended the property to be used by the public, within the limitations of the dedication, in such way as will be most convenient and comfortable and according to not only the properties and usages known at the time of the dedication, but also to those justified by lapse of time and change of conditions." 23 Am Jur’57, 58. "The municipal use and control of public parks may be subject to restrictions con- tained in the grant of the land therefor. Where a donation or dedication of a tract of land is made to a municipal corporation solely for a public park, the mmicipality cannot use it for purposes inconsistent with the purposes of such grant." Vol. 10, McQuillin on The Law of Municipal Corporations, 172. The Georgia law with respect to the general problem com- ports with the general law and can be summarized as follows: Page 4 Mr. Jack C. Delius 3/24/67 “Property dedicated to a public use may by the dedicatee be put to ali customary uses within the definition of the use. Any use which is ine consistent, or which substantially and materially interferes, with the use of the property for the particular purpose to which it was dedicated, will constitute a misuser or diversion; and while under the general rule a misuser or diversion of the property for any purpose other than the one designated will not work a reversion of the property freed from the easement to the owner of the dominant fee, equity will, on the petition of proper parties, enjoin such misuser or diver- sion. Brown v. City of East Point, 148 Ga. 85, hn, 3. Now to answer the specific question posed by you. Under the Bill itself, we can, for a period not to exceed four years and for a valuable consideration, lease the subject property with the following reservations: (1) We can lease to a public entity for public use not inconsistent with the original dedication; (2) We cannot lease to a private entity for a private use because of the inconsistency; (3) We cannot lease to a public entity for a private use because of the inconsistency; and (4) We can lease to a private entity for a public use not inconsistent with the dedication. The dedication in this instance is that which Mr. Gress originally set forth in the deed of gift whereby. the Cyclorama Page 5 Mr. Jack C. Delius 3/24/67 was to be opened to the general public. Also, this opinion presupposes that should the lease be made to a public entity, the public entity would be authorized by Law to enter into a lease such as you may, from time to time, envisage. Trusting that this answer your inquiry, I remain Very truly yours, 7s TFC: jc Thomas F. Choyce Encl. 1 cc: Hon. Ivan Allen, Jr., Mayor City of Atlanta City Hall Atlanta, Georgia 30303 Mr. R. Earl Landers ~ Administrative Assistant City Hall Atlanta, Georgia 30303  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 108 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/67a7bff5b445f67fe9790f2c4c6dc442.pdf 1246ba370d35f2fc4d9d5581cf72cd4d Scripto Transcription A written representation of a document. ~ ~~- -- - ---- ------ J. ~A143.215.248.55 16:01, 29 December 2017 (EST) u AdO (J I Ott:3X - C. BARRETT CONSTRUCTION CO., INC. 3455 SEXTON WOODS DRIVE CHAMBLEE, GEORGIA 30005 TELEPHONE: 451 - 5416 March 29, 1967 Mr. M. A. 'Iucker Tucker and Hm.iell 815 Rhoda&•Haverty Building Atlanta, Georgia Grant Park Conceaaions Building Re: Dear Mr. Tucker: We urgently request immediate decisions made for Itema 1, 3, S, 7, 8 and 9 of Proposal sent to you on March 6, 1967. Thaae items are and have been delaying construction. Also, we would appreciate it if you would prepare a Change Order for the other items of the same breakdown, along with these mentioned above. Please note that we bad requested ninety (90) days time extension. Please allow another thirty (30) days, plus whatever time ia re~uired for you to iasue ua the instructions necessary to procee.d with thia work. Also, we have not received a reply to the Change Order which I signed on March 27, 1967, revising the concrote walk• and addina aome sower work. Very truly youra, J. c. Barratt JCB:mb cc: c. Delius, General Manager of Parka and Recreation Mr. Jack � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document ,. o ——— = duo) ol Led = te AWD, ; OuLIx /OuIx Ousx | Ou | = 7 : cs * — J. C BARRETT CONSTRUCTION CO, INC. 3455 SEXTON WOODS DRIVE CHAMBLEE, GEORGIA 30005 TELEPHONE: 451-5416 March 29, 1967 Mr. M. A. Tucker Tucker and Howell 815 Rhodes-Haverty Building Atlanta, Georgia Re: Grant Park Concessions Building Dear Mr. Tucker: We urgently request immediate decisions made for Items l, 3, 5, 7, 8 and 9 of Proposal sent to you on March 6, 1967. These items are and have been delaying construction, Also, we would appreciate it if you would prepare a Change Order for the other items of the sama breakdown, along with these mentioned above. Please note that we had requested ninety (90) days time extension. Please allow another thirty (30) days, plus whatever time is required for you to issue us the instructions necessary to proceed with this work, Also, we have not received a reply to the Change Order which I signed on March 27, 1967, revising the concrate walks and adding some sawor work. Very truly yours, J. C. Barrett JCB:mb ee; Mr. Jack C. Delius, General Manager of Parks and Recreation  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 107 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/7951ca0b4d58901b663e7fae00b479e6.pdf 93eb1f44c9dcc077eadbe9bf46a9ed26 Scripto Transcription A written representation of a document. i uif"_ - - -- ---- ------ - Li1~..,'!~ ,IL.__ _j ~ '1::1!.J J. C. BARRETT CONSTRUCTION CO., INC. 3455 SEXTON WOODS DRIVE CHAMBLEE, GEORGIA 30005 TELEPHONE: 451-5416 ( March 29, 1967 Mr. Jack C. Delius, General Manager of ·Parks and Recreation Department of Parks City of Atlanta Atlanta, Georgia Re: Grnnt Park Concessions Building Dear Mr. Delius: I think that we should establish July 1, 1967 as a target date for the completion of the Grant Park Concessions Building. I sincerely believe that this could be improved a great deal if we can obtain immediate approvals or disapprovals for the changes now in question. At this time, we are waiting for approval of change orders to revise sewer work, concrete walks, curbs, paving, waterproofing, concession stand, electrical and plumbing work. For your convenience, I am enclosing a carbon copy of a letter of this date to Tucker and Howell requesting immediate decisions f or these changes. Any influence that you may exert to expedite these changes will be appreciated . We also appreciate your at titude on all previous matters, and I must apologize for not havine gi ven you an aat:LmnL:ou comp lotion dn to in my lotl:or of Mm:cl, 20, 1.9(>7. We trust that this will be of service to you. Sincerely yours, J;:~·!e~ JCB:mb Enclosure (1) � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document “te nf iis —- . = 7 Re; aman a | | i = “ ety Q AdOo | j \b \OuIx AchOo \s 3} ouax | (eaSz) — J. C BARRETT CONSTRUCTION CO, INC. 3455 SEXTON WOODS DRIVE CHAMBLEE, GEORGIA 30005 TELEPHONE: 451-5416 March 29, 1967 Mr. Jack C. Delius, General Manager of Parks and Recreation Department of Parks City of Atlanta Atlanta, Georgia Re: Grant Park Concessions Building Dear Mr. Delius: I think that we should establish July 1, 1967 as a target date for the completion of the Grant Park Concessions Building. I sincerely believe that this could be improved a great deal if we can obtain immediate approvals or disapprovals for the changes now in question. At this time, we are waiting for approval of change orders to revise sewer work, concrete walks, curbs, paving, waterproofing, concession stand, electrical and plumbing work. For your convenience, I am enclosing a carbon copy of a letter of this date to Tucker and Howell requesting immediate decisions for these changes. Any influence that you may exert to expedite these changes will be appreciated. We also appreciate your attitude on all previous matters, and I must apologize for not having given you an eatimated completion data in my letter of March 20, 1967, We trust that this will be of service to you. Sincerely yours, J ‘ 5 aa Bavuyf J. C. Barrett JGB:mb Enclosure (1)  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 106 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/84b4ab63ff87dbeb289bc0fff69f9ffb.pdf faa8a486795eb9d64d572cc09739cc8b Scripto Transcription A written representation of a document. I >-·.143.215.248.55 16:01, 29 December 2017 (EST),. ) • ,r-" lO~ February 3, 1967 ~.r. T.homaa F. ~,lee Aaoociata Ci~I Attorney City of }~tlanta Depart.uent of Lt:r<11 · 2614 First na·t ione.l Ban.~ Dldg. ~tl~nta, Georgie 30303 near Tom: Thank you for your letter of Febru~ 1, 1967 and the ettache<! opinion ~egarding the Cyclorsma and its gift tot.he Ci'.:.y. 1\ search of our records reveal t'hat the last yaa.r a .10~ e.amission charge Wlls made ,.,,as 1916. Storting in 1917 tlle adi."'tlssion fee "tras inc:re~t::ed to .J.s.;; end Ms consis tently risen over th~ ye~rs to the present oost of $1.00 for lldults and • 50¢ f or cr-..ildren- Oroun rstes of courg3 ere . 5Ct; for edu.lts and .25¢ for l'",hildrsn. 'i"hereforG,, i t eppears that for at. leeFt 51 years we have 'bean ehsrging in l!ces:3 of .10¢ per person to see the cyclorema. l do not balieva I '1111 reply to !'-tr. Oro:ns • letter unlesn ! hear :Curthor fro~ him an~'l if l a.."lo~~ I will merely edvis12 bi:n that for .51 years -we have been chnrging fees in GlJ(cess of .10¢. · Thank you for your obviou$ly very thorough research end trusting we might reciproc~te, I ~ Cordially~ '1ac'k C. JleliU.S General . taneger of J C'D abjv Perks on.d Recreation cot . All Members of tb~ r ark Conmtt.$e (w/attach.) 'l.: � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document “Hl AdOol* A: ; ‘ Ad “SAGO 4 uss cS 1ge2 Fy Pebrusry 3, 1967 Me. Thomas FP. Chovce Basociate City Attorney City of Atlanta Department of Lew ‘2614 First National Dank Bldg. Ftlanta, Georgie 30303 Dear Toms Thank you for your letter of February 1, 1967 and the attached opinion regerding the Cyclorema end its aift te the City. 4& search of our records reveal that the last year a .10¢ ecmission cherge was made was 1916. Starting in 1917 the admission fco was increased to .15¢ end hes consis- tantly risen over the years to the present cost of $1.00 for adults and .50¢ for children. Group rates of course ere .50¢ for adulte and 25¢ fer children. Therefora, it appears that for at. leart 51 years we have been charging in exceas of .10¢ per person to see the Cyclorama. I a not believe I will rently to Mr. Gress’ letter une Jess i hear further from him and iz I should I will merely cdviee nim that for 51 yeers we have been cherg- ing fees in excess of .10¢. Thank you for your obviously very thorough reseerch end trusting we might reciprocate, i am Cordiaily, wack c. Delius General Manager of Parks and Recreation — TCDiabjw * ces All Members of the Park Committee (w/attach.)  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 105 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/3064bb85de7be0a51d55680cc32b37d4.pdf 7798628b45fce1183eb4edd10a31d83c Scripto Transcription A written representation of a document. 7 Aol0. J ~ ~ C I TY OF ATLANTA DEPARTMENT OF LAW 1114 WILLIAM- OLIVER BUILDING Atlanta, Georgia 30303 February 1, 1967 HENRY L. BOWDEN CITY ATTORNEY FERRIN Y. MATHEWS ASSISTANT CITY ATTORNEY ROBERTS, WIGGINS MARTIN McFARLAND EDWIN L, STERNE RALPH C, JENKINS JOHN E, DOUGHERTY CHARLES M. LOKEY THOMAS F, CHOYCE JAMES B, PILCHER ASSOCIATE CITY ATTORNEYS Mr. Jack C. Delius General Manager Department of Parks and Recreation City Hall Annex Atlanta, Georgia ROBERT A, HARRIS HENRY M, MURFF CL.AIMS ATTORNEYS Dear Sir: I am in receipt of your letter of January 26, 1967 in which you advised me that you received a letter from Mr. John H. Gress, dated January 16, 1967. You then go on to quote the letter and end up by requesting an opinion from me as to the contents of the letter and such other germane documents and consequences I find necessary to investigate in the premises. To begin with, Mr. Gress is correct when he states that the original deed of conveyance from G. V. Gress to the City of Atlanta did make a recitation such as the one he alludes to in his letter. More specifically, the recitation is made in a deed of conveyance, dated April 14, 1898, between Mr. Gress and the City of Atlanta, and reads in part as follows: "It is understood and agreed that the said picture shall be used for the benefit of the whole people, and shall be kept open the year round, subject to reasonable rules and regulations, and that only a nominal entrance fee shall be charged, not to exceed ten (10) cents for each person, an d that t h e said bui ldi ng shall bear an app r opriat e sign indicating t he battle which the painting repr esent s, and a l so that i t was pres en ted to the City of Atlanta by the aforesaid party o f .the first part." 'I . • �d,,.o~ aJ______ \~ - Page 2 Mr. Jack C. Delius 2/1/67 I have a photostatic copy of this deed in the event you require further inspection. With respect to the deed itself and besides the provision above quoted, the deed is what is referred to as "honest on its face", that is, we have no reason to doubt the validity of the instrument nor should we doubt its validity. Also, I am of the opinion that not only a nominal c<;: msideration was given for the picture (stated to be One ($1. 00) Dollar in the deed), but also that the additional consideration is sufficient to give rise to the theory of a deed of gift which was duly accepted by the City of Atlanta, With this in mind, the first question that poses itself is whether or not Mr. John H. Gress, who purports to be the "only living heir" of G. V. Gress, has the right to bring about a forfeiture of the picture in question. I am assuming that the portion of the letter from Mr. Gress that he is the only living heir of G. V. Gress is correct. With this as an assumption, I am of the legal opinion that no one, including Mr. John H. Gress, has the right to create a forfeiture such as he envisages in his letter. My basis for this opinion is found in the case of City of Atlanta vs. Jones, et al, 135 Ga. 376 (1910). at page 379, wherein it was in part held: "The language of the deed constituted a covenant, rather than a condition subsequent. Where an owner of land conveys it to a city, and states in the deed that it is to be used for a specified purpose, he may have such an interest as to prevent its sale or diversion from that purpose to others, or perhaps he may have an action of covenant. But such language a lone does not create a conditi on subsequent, on breach of wh ich a f orfeiture r e sul t s and the or iginal owner may recover the land . Devlin on Deeds (2d ed . ), 978 and notes; Warvel le on Rea l Property (2d ed . ) , § 317 ; Thompson v. Hart, 133 Ga. 540 (66 S. E~ 27 0) . It may be thought by many laymen that such language creates a condition subsequent, but it is well settled in law that it does not do so. If parties desire that a forfeiture shall result, or that an estate shall terminate because of the breach of a covenant or failure to use ·." �A d tl : 1 ' - '- \OtJ J Xj - .- - -- - ----------- Lil9_~~ -. ------ ··· -····-····-··- . 143.215.248.55 -- --- . ------ .·---J---- --.:-~J3J£i.- Page 3 Mr. Jack C. Delius 2/1/67 the property for the purpose mentioned in the deed, they should so state." It is my opinion also that there is no language with respect to that portion of the deed dealing with the nominal fee which would give rise to a forfeiture inasmuch as no reversionary provision is contained in that portion of the deed. We now have disposed of the easy part of the opinion. The hard part is, what consequences, if any, arise from the City of Atlanta's maintaining the current admission price to see the Cyclorama? Once again, we refer to the language in City of Atlanta vs. Jones, et al, wherein it was in part held that the grantor " ••• may have an action of covenant." There is very little law with respect to a breach of covenant in Georgia and it is necessary for me to refer to other legal precedents to determine what the consequences of a breach of covenant are under these circumstances. With this as a background, I am of the opinion that the ordinary remedy for breach of a covenant is by an action at law for damages. (20 Am Jur 2d 589). However, in a proper case, equity will sufficiently enforce covenants or grant an injunction to restrain their violation. (Ibid.). Therefore, I am of the opinion without more, as will more fully be hereinafter set forth, that a proper party might bring an action against us to enjoin us from charging the fee we are now charging. The next question which addresses itself to us is: are proper parties to enforce the covenant?" "Who Pl ease bear in mind that the language of the above quo ted port i on of t he deed sta tes, " • • . the .said picture shall be u sed fo r the benefit of the whole people, and shall be k ep t open the year round, ••• and t hat only a nominal entrance fee shall be charged, not to exce ed ten (10) cents -f or each person ••.• " With this in mind, I am of the opinion that this is the type of a �-···- -----·· / AdOO,-----J .. ·' ,,·11e ) f - -- ~w ,OU 3 X ' •. Page 4 Mr. Jack C. Delius 2il/67 situation which pennits a third party to enforce a promise made for his benefit, and a covenant made for the sole benefit of a class of persons not parties to it may be availed of by an individual of that class. (20 _Am J~A92). In other words, we have a third party beneficiary contract which can be maintained in the name of any person who constitutes not only a citizen of Atlanta, or Fulton County, or the United States, but anybody in the world; which, being a rather large class, is, in my opinion, a beneficiary of the Cyclorama. Therefore, I am of the opinion that an injunction could be maintained by anybody in the world to enforce the covenant as written. I do not know exactly how long we have charged more than a ten cent admission fee to the Cyclorama. I trust that you will use your good office to detennine when this practice began. This factual detennination by you is very important in the . light of the next portion of this opinion. Although we have a technical breach of a covenant, as set forth above, I am of the opinion that the doctrine of estoppel is applicable to the situation here involved with respect to the enforcement of covenants. By this I mean that a person, or a class of persons, may be estopped by conduct from asserting a right to enforce a covenant. (20 Am Jur 2d 590). By this I mean that if we could satisfy a Court of Law that the beneficiaries of this covenant, by their inaction, acquiesced in the charge of more than a dime, this would act as estoppel to prevent them from enforcing the covenant. While acquiescence is spoken of as estoppel, strictly speaking, it is no more than a part of estoppel. By this I mean that I am inclined to believe that a Court of Law would prevent anybody from initiating an injunction against us because the entire class of beneficiaries had acquiesced to increased charges. Legally speaking, no set time is necessary to constitute estoppel such as we have in this case ; rather, it would be that amount of time which induced us to a c t to our det r i ment. It i s my thought that ten years would be sufficient, although I am reluctant to detenni ne what a Court would detennine t o be sufficient. t' · = . �'- ,,u . .> U \~ -~ - - -- ----· -- ______ l../143.215.248.55 -·-- ·- . . ···-··-·--· ··· ···--L-,!143.215.248.55..J . . .._______,___,.. . ,___, . . ·-· -···- · ···~ .·,~-}( . ~ J~ · • ,. c. Page 5 Mr. Jack C. Delius 2/1/67 I know that this has been a lengthy opinion and one on which you will probably need further elaboration; however, for the purpose of recapitulation, my opinion is as follows: (1) There are no words in the deed which would give rise to a forfeiture; (2) A suit might be filed against the City of Atlanta praying an injunction be granted to prevent the further breach of the covenant by any person; (3) In the event such a suit is filed seeking an injunction, I am of the opinion that we could plead estoppel in this case due to the acquiescence by the general public from asserting the breach of the cov.enant at the time of its breach. Should you need any further elaboration in this matter, please feel free to call upon me. With my kindest regards, I am v7 truly yours, ,JrL JlKv TFC:jc Thomas F. Choyce ~~ � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document wt, 40.) i AgOW yada, ouax| Ox | { . Avil x) gua) j Y (QuaXx CITY OF ATLANTA DEPARTMENT OF LAW 1114 WILLIAM- OLIVER BUILDING Atlanta, Georgia 30303 ROBERT S. WIGGINS February Li 1967 MARTIN MCFARLAND EDWIN L. STERNE RALPH C. JENKINS JOHN E. DOUGHERTY FERRIN Y. MATHEWS CHARLES M. LOKEY ASSISTANT CITY ATTORNEY THOMAS F. CHOYCE JAMES 8. PILCHER HENRY L. BOWDEN CITY ATTORNEY . ASSOCIATE CITY ATTORNEYS Mr. Jack C. Delius ROBERT A. HARRIS General Manager HENRY M. MURFF Department of Parks SP ATTEN SSS and Recreation City Hall Annex Atlanta, Georgia Dear Sir: I am in receipt of your letter of January 26, 1967 in which you advised me that you received a letter from Mr. John H. Gress, dated January 16, 1967. You then go on to quote the letter and end up by requesting an opinion from me as to the contents of the letter and such other germane documents and consequences I find necessary to investigate in the premises. To begin with, Mr. Gress is correct when he states that the original deed of conveyance from G. V. Gress to the City of Atlanta did make a recitation such as the one he alludes to in his letter. More specifically, the recitation is made in a deed of conveyance, dated April 14, 1898, between Mr. Gress and the City of Atlanta, and reads in part as follows: "It is understood and agreed that the said picture shall be used for the benefit of the whole people, and shall be kept open the year round, subject to reasonable rules and regulations, and that only a nominal entrance fee shall be charged, not to ex- ceed ten (10) cents for each person, and that the said building shall bear an appropriate sign indicat- ing the battle which the painting represents, and also that it was presented to the City of Atlanta by the aforesaid party of the first part." Page 2 Mr. Jack C. Delius 2/1/67 4 i AdO w Ouwgx | we I have a photostatic copy of this deed in the event you re- quire further inspection. With respect to the deed itself and be- sides the provision above quoted, the deed is what is referred to as "honest on its face", that is, we have no reason to doubt the validity of the instrument nor should we doubt its validity. Also, I am of the opinion that not only a nominal consideration was given for the picture (stated to be One ($1.00) Dollar in the deed), but also that the additional consideration is sufficient to give rise to the theory of a deed of gift which was duly ac- cepted by the City of Atlanta, With this in mind, the first question that poses itself is whether or not Mr. John H. Gress, who purports to be the "only living heir" of G. V. Gress, has the right to bring about a for- feiture of the picture in question. I am assuming that the por- tion of the letter from Mr. Gress that he is the only living heir of G. V. Gress is correct. With this as an assumption, I am of the legal opinion that no one, including Mr. John H. Gress, has the right to create a forfeiture such as he envisages in his let- ter. My basis for this opinion is found in the case of City of Atlanta vs. Jones, et al, 135 Ga. 376 (1910), at page 379, where- in it was in part held: "The Language of the deed constituted a covenant, rather than a condition subsequent. Where an owner of land conveys it to a city, and states in the deed that it is to be used for a specified purpose, he may have such an interest as to prevent its sale or diversion from that purpose to others, or per- haps he may have an action of covenant. But such language alone does not create a condition subse- quent, on breach of which a forfeiture results and the original owner may recover the land. Devlin on Deeds (2d ed.), 978 and notes; Warvelle on Real Property (2d ed.), 8 317; Thompson v. Hart, 133 Ga. 540 (66 S. E. 270). It may be thought by many lay- men that such language creates a condition subse- quent, but it is well settled in law that it does not do so. If parties desire that a forfeiture shall result, or that an estate shall terminate be- cause of the breach of a covenant or failure to use Wo Oud | ed OD : om ruow bad Beye, Soe ~ stipcacniempairinecticnivs Apnea at $e i ea pe no OMI pea, ou La dase ae Page 3 Mr. Jack C. Delius 2/1/67 the property for the purpose mentioned in the deed, they should so state." It is my opinion also that there is no language with respect to that portion of the deed dealing with the nominal fee which would give rise to a forfeiture inasmuch as no re- versionary provision is contained in that portion of the deed. We now have disposed of the easy part of the opinion. The hard part is, what consequences, if any, arise from the City of Atlanta's maintaining the current admission price to see the Cyclorama? Once again, we refer to the language in City of Atlanta vs. Jones, et al, wherein it was in part held that the grantor "... may have an action of covenant," There is very little law with respect to a breach of covenant in Georgia and it is necessary for me to refer to other legal precedents to determine what the consequences of a breach of covenant are under these circumstances. With this as a background, I am of the opinion that the ordinary remedy for breach of a covenant is by an action at law for damages. (20 Am Jur 2d 589). However, in a proper case, equity will sufficiently enforce covenants or grant an injunction to restrain their violation. (Ibid.). Therefore, I am of the opinion without more, as will more fully be herein- after set forth, that a proper party might bring an action against us to enjoin us from charging the fee we are now charg- ing. The next question which addresses itself to us is: "Who are proper parties to enforce the covenant?" Please bear in mind that the language of the above quoted portion of the deed states, "... the said picture shall be used for the benefit of the whole people, and shall be kept open the year round,... and that only a nominal entrance fee shall be charged, not to exceed ten (10) cents for each person...." With this in mind, I am of the opinion that this is the type of a af OuaxK | Audio AdOO; | Aci) \ouax Ouax) OuIXx | Page 4 Mr. Jack C. Delius 2/1/67 situation which permits a third party to enforce a promise made for his benefit, and a covenant made for the sole benefit of a class of persons not parties to it,may be availed of by an indi- vidual of that class. (20 Am Jur492). In other words, we have a third party beneficiary contract which can be maintained in the name of any person who constitutes not only a citizen of Atlanta, or Fulton County, or the United States, but arybody in the world; which, being a rather large class, is, in my opinion, a beneficiary of the Cyclorama. Therefore, I am of the opinion that an injunction could be maintained by anybody in the world to enforce the covenant as written. I do not know exactly how long we have charged more than a ten cent admission fee to the Cyclorama. I trust that you will use your good office to determine when this practice began. This factual determination by you is very important in the. light of the next portion of this opinion. Although we have a technical breach of a covenant, as set forth above, I am of the opinion that the doctrine of estoppel is applicable to the situation here involved with respect to the enforcement of covenants. By this I mean that a person, or a class of persons, may be estopped by conduct from asserting a right to enforce a covenant. (20 Am Jur 2d 590). By this I mean that if we could satisfy a Court of Law that the benefici- aries of this covenant, by their inaction, acquiesced in the charge of more than a dime, this would act as estoppel to prevent them from enforcing the covenant. While acquiescence is spoken of as estoppel, strictly speaking, it is no more than a part of estoppel. By this I mean that I am inclined to believe that a Court of Law would prevent anybody from initiating an injunction against us because the entire class of beneficiaries had acqui- esced to increased charges. Legally speaking, no set time is necessary to constitute estoppel such as we have in this case; rather, it would be that amount of time which induced us to act to our detriment. It is my thought that ten years would be sufficient, although I am reluctant to determine what a Court would determine to be sufficient. - ls io eaeneeceaall ee Festa heme oe — sedeeecaetaciekekebetesesta at stneceats pascal dct bi, : Ee es (Se lsug9 Page 5 Mr. Jack C. Delius 2/1/67 I know that this has been a lengthy opinion and one on which you will probably need further elaboration; however, for the purpose of recapitulation, my opinion is as follows: (1) There are no words in the deed which would give rise to a forfeiture; (2) A suit might be filed against the City of Atlanta praying an injunction be granted to prevent the further breach of the covenant by any person; (3) In the event such a suit is filed seeking an injunc- tion, I am of the opinion that we could plead estoppel in this case due to the acquiescence by the general public from asserting the breach of the covenant at the time of its breach. Should you need any further elaboration in this matter, please feel free to call upon me. With my kindest regards, I am 4 truly yours, TFC:jc Thomas F. Choyce  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 104 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/53b0b304eeb1bab634c800dca14baab1.pdf 9b4ccb2e0f9f2a12c7e1e04109c96fe2 Scripto Transcription A written representation of a document. 11 / ,..... - ~A·R~-> 1au:1x -- ( A,_,_no:.,·•. ~.' ~t§J . C I TY OF ATLANTA DEPARTMENT OF LAW 1114 WILLIAM- OLIVER BUILDING Atlanta, Georgia 30303 February 1, 1967 HENRY L, BOWDEN CITY _ATTORNEY FERRIN Y. MATHEWS ASSIST~ NT CITY ATTORNEY ROBERTS, WIGGINS MARTIN MCFARLAND EDWIN L. STERNE RALPH C. JENKINS JOHN E. DOUGHERTY CHARLES M, LOKEY THOMAS F. CHOYCE JAMES B , PILCHER ASSOCIATE CITY ATTORNEYS Mr. Jack C. Delius General Manager Department of Parks and Recreation City Hall Annex Atlanta, Georgia ROBERT A . HARRIS HENRY M. MURFF CLAIM S ATT0Rt-!l;:Y $ Dear Jack: The attached opinion is a bit more formal than I normally get with you as you may wish to write Mr. Gress or contact the members of the Parks Connnittee. I Inasmuch as I do not feel that I should go into direct connnunication with Mr. Gress, I respectfully request that you forward a copy of this opinion to him if, in your good judgment, you wish to do so after reading this. Let me know if you need anything else with respect to this opinion. Jack, I am of the opinion that the next step belongs to Mr. Gress and not to the City of Atlanta; however, I am not attempting to over- ride your judgment with respect to sending Mr. Gress a copy. Yours v ery t ruly, TFC:jc Encl. 1 Thomas F. Choyce 1 . � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document AD fA AiO Od oul) \Oux lsusg} | lézse CITY OF ATLANTA DEPARTMENT OF LAW 1114 WILLIAM- OLIVER BUILDING Atlanta, Georgia 30303 ROBERT S. WIGGINS February iL, 1967 MARTIN MCFARLAND 2 EDWIN L. STERNE HENRY L. BOWDEN RALPH C. JENKINS CITY ATTORNEY JOHN E. DOUGHERTY FERRIN Y. MATHEWS CHARLES M. LOKEY ASSISTANT CITY ATTORNEY THOMAS F. CHOYCE JAMES B, PILCHER ASSOCIATE CITY ATTORNEYS Mr. Jack C. Delius General Manager Department of Parks and Recreation City Hall Annex Atlanta, Georgia ROBERT A. HARRIS HENRY M. MURFF CLAIMS ATTORNEYS Dear Jack: The attached opinion is a bit more formal than IL normally get with you as you may wish to write Mr. Gress or contact the members of the Parks Committee. Inasmuch as I do not feel that I should go into direct communication with Mr. Gress, I respectfully request that you forward a copy of this opinion to him if, in your good judgment, you wish to do so after reading this. Let me know if you need anything else with respect to this opinion. Jack, I am of the opinion that the next step belongs to Mr. Gress and not to the City of Atlanta; however, I am not attempting to over-ride your judgment with respect to sending Mr. Gress a copy. Yours very truly, ee oer TFC:jc Thomas F. Choyce  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 103 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/de61e41823ab76fe6a2aa8c8615d60f1.pdf db3ae0fecf31f1eff9f4fd87fe43b490 Scripto Transcription A written representation of a document. I . ;r, j · ~\OU:J)( I -- ,. - XP.~!A,~ef\.)\ - J ci i' ~ i .• 7 -~ -u;:~ - Januory 26, 1967 ·Mr. Tho.-nas P . Chcvc e Assod.ate City i.ttorna,.1 City o f i~tlanta Law Depeirtment 2614 First ?~o,t.iomal E~; Duilding Atlanta, O~rgi Dear Tonia C'll J enu ary 25 , 1~167 , I received in the ma ils e letter from Mr. John E. Gress, dated January 16, 1967. For YQUr in:;ormation, .I letter; ar.i quotU'!g verbetiin his 8350 .. ta.r.:m::mt Iinne, HollY'",'Oed, Ca lifornie ~mos9·, Janua ry 16, 1967. Oe~r n1rs: 0 !n reccr~ et Fulton County, Fulton Ceorgi~ in book number 1 29, e.n d Page 761, it at.etas, clearly that a nr-,..minal fQG be c-..herged, not to ~""eed ten eents to seo tl1e (,yol.oranul . Thi ~ bea been broltcn , and ~s only living heir to my father , the late G. V . Gresa, if .restitution is not. mede i ~...edi t.ely offer tl,e Cyclor:runa to t.-e moved from i~tlanta, Georgia end mtilr.G'l it e Hationel Monument. in Wasl'lington, n. c. of t..1-ie Civil War . J ohn H . Gr,eae w/siqnatl.lre..• l. will ?Till you pl ease inve.&t.igeto this mattGr end reply to .Vz.r. Grose• letter? Jack c.. Delius · Gsneral Mmrnger of Pens and ~t.Lon JCD:mjh dtl l/2.5 co, All Members Aldermanio Par'k Committee I )• ~ i '. ., / I � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document Wo | . AMD so ‘ ‘ld fend eee ‘ 4 a ei sesh oo ABESY) , (aise See sy My. Thomas FP. Choyce Associate City Jttorney City of Atlanta Law Department 2614 First National Bank Building Atlanta, Georgia Dear Toms Cn January 25, 1967, I received in the mails a letter from Mr. John 3. Gress, dated January 16, 1967, For your information, I em quoting verbatim his letter: "8350 Marmont Lone, Hollywood, Califernia $0065, January 16, 1967, User Sirs: In record at Fulton County, Fulton Georgia in book number 228, and Page 761, it states clearly that a nominal fee be charged, not te exceed ten cents to sea the Cyclorama. This hes been broken, ond as only living heir to my father, the leta G. V. Gress, if restitution is not mada immediately I will offer the Cyclorama to be moved from Atlenta, Georgie end make it @ National Monument in Washington, Db. C. of the Civil War. Jotn EH. Gress w/signature." W412 please investigate this matter and reply to tie, Grosso’ letter? Very truly yours, Jeck ©. Delius General Manager of Parks end Recreation cCDoimgh ats 3/25 ect All Maenxbers Aléexrmenic Parks Comittee  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 102 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/fd4727e65040831ef8a78f2598fbfaf3.pdf 7357d11e9e361c3b2ba8836f34a6cee5 Scripto Transcription A written representation of a document. , ~ •41 ) ~) ~ · -· - j AdO O ~- -- \~ ~ Hollywood, California. 90069 January 16th, 1967 Dear Sirs: In Record at Fulton County Page 761 i t &ta~es clearly that a ten cents to see th~ Cyclorama~ Fulton, Georgia in book numbEa:' 128 and ·nominal fee be charged not to exceed This has been broken and as only living heir to my father the late G.V. Gress. If restitution is not made immediately I will offer the Cycloriuna to be moved from Atlanta, Georgia and make i t a National Monument in Washington, D.C. of the Civil War. John H. Gress ,J � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document we. SS ee ot cs faadaaiaaicic atin pall : I m re dspediehieeiimak sted oii ebsedninndbieeeietsb ieee} eiieddhtenbniet Oudk ox) ousx| stom x 5 8350 Marmont™wane Hollywood, California. 90069 January 16th, 1967 Dear Sirs: In Record at Fulton County Fulton, Georgia in book number 128 and Page 761 it states clearly that a nominal fee be charged not to exceed ten cents to see the Cycloramae. This has been broken and as only living heir to my father the late G.V. Gress . If restitution is not made immediately I will offer the Cyclorama to be moved from Atlanta, Georgia and make it a National Monument in Washington, D.C. of the Civil War. John H, Gress  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 101 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/bebe30a5bcadce5904eff241bd9071d1.pdf 9f287c1fc858ac32275242ecb390c5d1 Scripto Transcription A written representation of a document. 1 pril 4, 1967 Mr . Ch rlie Leftwich 1C65 Jonesboro Rd ., S . E. Atlanta , Georgi 30315 Dear Mr o Leftwich: You prob bly have notic d , mor nd more trees are being planted in the downtown are by priv te property own rs ~ No provision was made in the 1967 Budget granted this depart nt for ersonnel or materi 1 to maintain thes trees i _·pr oper fa hion . Alre dy , sever 1 have di d bee use of the 1 ck of atering or beceus of the intense he t being reflected off of light colored buildin s, etc . ;fuen the tr s did, it seems that thi depart nt receiv a critioi m from the gcner l public hen inf ct we h d nothing to o ith pl nt1ng the trees . I jut h to make it clear th t di sk for uffici nt help nd ipment to adequately mint int owntown tr e planting progr m but it s not s. i l ~or it to be budget d and our reque t w not gr nte. V ry truly your ., J ck c . G n r l P rk J cc• 1bj Hon . Ivan All ·t ric H r'kn 1 Mellnber • liu n gr of and R er tion � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document April 4, 1967 Mr. Charlie Leftwich 1665 Jonesboro Rd., S.E. Atlanta, Georgia 30315 Dear Mr, Leftwich: You probably heave noticed, more end more trees are being planted in the downtown area by private property owners. No provision was made in the 1967 Budget granted this department for personnel or materials to maintain these trees in @jproper fashion. Already, several have died because of the lack of watering or because of the intense heat being reflected off of light colored buildings, etc. When the trees died, it seems that this department receives criticism from the general public when in fact we had nothing to do with planting the trees. If just whsh to make it clear that we did ask for sufficient help and equipment to adequately maintain the downtown tree planting program but it was not possible for it to be budgeted and our request was not granted, Very truly yours, Jack C, Delius General Manager of Parks and Recreation ICDs bjw cect Hon. Ivan Allen, Jr. — All Members of the Parks Committee Mr. Eric Harkness, Planning Dept.  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 100 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/681dcedd29f3256929c00c53a18a163f.pdf db62560e38cdd6e9e5a56ff3a57b7ea1 Scripto Transcription A written representation of a document. April 7, 1967 MEMORANDRUM TO: Miss Virginie C rmich el , Dir ctor of R ere tion FROM: Jack Delius SUBJECT: Hammond Drive P rk 51 te - Guy Webb School Fulton County P rk System I received t lepho request from Mr . Al.an Kipper, the County Manger, asking th t at the earliest date possibl sUbmit to hi office a propoe d program for the o ration of th Hmmnond Driv Park Site djacent to the Guy Webb School for this coming summer . Fulton County ' s dep rtm nt of Public orks under Mr . A. T. McDonald re proceeding to d velop th driv y and p rking re of th rk and I a sum will do cert in underbrush cl aring . Stan Ay r of our P rk Engin ring Division is r pidly compl ting th working dr wing on the walk in th perk es well s gr ding sch for th tenni courts nd mphith ater . I und r tand thet Fulton County School uthoriti will m k v 11 bl two b ball di nd adjac nt to th ait which r a:,nn ct d with Guy bb School. ould like th progr m could tart r of staff, type nd n Pi a Mr. Ki pp r rear ·t1on po sibly th ec ivity inc Thank you v ry much. JCDcbjw CCI All M Ion. rs of the P rka ·Co arl L nd r V itt � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document April 7, 1967 MEMORANDRUM TOs Miss Virginia Carmichael, Director of Recreation FROM: Jack Delius SUBJECT: Hammond Drive Park Site ~ Guy Webb School - Fulton County Park System I received a telephone request from Mr. Alan Kiepper, the County Manager, asking that we at the earliest date possible submit to his office a proposed program for the operation of the Hammond Drive Park Site adjacent to the Guy Webb School for this coming summer. Fulton County's department of Public Works under Mr. A, T. McDonald are proceeding to de- velop the driveways and parking area of the park and I assume will do certain underbrush clearing. Stan Ayer of our Park Engineering Division is rapidly completing the work~ ing drawings on the walks in the park as well as grading scheme for the tennis courts and amphitheater. I understand thet Fulton County School authorities will make available two baseball diamonds adjacent to the site which are connected with Guy Webb School, Mr. Kiepper would like a complete proposal including the dates the programs could start and the suggested ending date; the t and number of staff, salary expenses, supply expenses, etc. Please work up an adequate and complete proposal for supervised recreation at your earliest convenience. I would suggest that possibly the program would have to be in the nature of @ day camp activity since facilities would not be completed this summer, Thank you very much. JCDrbjw ect: All Members of the Parks: Committee Hon. R. Earl Landers )~ a a ees ee ee ee Ee eh ee: =" _— Se oe  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 99 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/b4df403387f0a0e94e69ef01bd5d87f5.pdf 704209c2fa3cd6329499c115f553468f Scripto Transcription A written representation of a document. Apdl 4 , 1967 Mr . Geor pe ley, Br _ , Inc . P t omc BO¥ •soi Atl ma, Ge rgia 3030.Z Dear Mr . .. U 31'd t the Sln,cerely y Ivan Allen, a . r CC: Mr . Jack Delius •, J•. � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document Ee ——— a ee Mr. George W. Pope Raley Brothers, Inc. Post Office Box 4501 Atlanta, Georgia 30302 Dear Mr. Pope: Thank you very much for your letter of April 3rd regarding the proposed park development at the site of the old Fire Station #5. I am forwarding this information to the Parks Department as I am sure they will appreciate your interest. Sincerely yours, Ivan Allen, Ir. Mayor IAJr/br Cc: Mr. Jack Delius  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 13, Folder 12, Document 98 Box 13 Box 13 Folder 12 Folder topic: Parks Department | 1967