Box 1, Folder 21, Document 65

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Box 1, Folder 21, Document 65

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DEPARTMENT OF LAW
2614 FIRST NATIONAL BANK BUILDING

Atlanta, Georgia 30303
ROBERT S. WIGGINS
MARTIN MCFARLAND
EDWIN L. STERNE



April 9, 1969 RALPH C. JENKINS
JOHN E. DOUGHERTY
HENRY L. BOWDEN CHARLES M. LOKEY
CITY ATTORNEY THOMAS F. CHOYCE
\ a JAMES B. PILCHER
FERRIN Y. MATHEWS
ASSISTANT CITY ATTORNEY ASSOCIATE CITY ATTORNEYS

ROBERT A. HARRIS
HENRY M. MURFF

() .
CLAIMS ATTORNEYS
oe JAMES B. HENDERSON
Hon. Ivan Allen, Jr. \* SPECIAL ASSOCIATE CITY ATTORNEY

Mayor of Atlanta

Mr. Jack C. Delius, ¥
General Manager of Parks

Gentlemen: \ :
27a

Pursuant to a request of Mr. Jack C. Delius, General Manager of Parks and 2960
Recreation, I have made inquiry with respect to the status of a prop building

which was used by Municipal Theatre, Inc. during the summer theater seasons

1965 through 1967 at Chastain Municipal Amphitheater. You will recall that

Municipal Theatre used the facilities of Chastain Memorial Amphitheater free

and their only monitary obligation, if it could even be called this, was to

place a prop building at the rear of the Theater and turn the prop building

over to the City of Atlanta at the expiration of the lease or any extensions

thereof.

As of this date, Municipal Theatre is still using the prop building, although
the lease has expired. It was with respect to this facet of the situation that
Mr. Delius requested me to direct my inquiry. I contacted counsel for the now
defunct Municipal Theatre, Inc. who had a gentleman by the name of Mr. Roland
B. Anderton contact me. Mr. Anderton told me over the telephone that he
represented the successor group to Municipal Theatre, Inc. The following
constitutes a substance of my telephone conversation with Mr. Anderton: After
Mr. Anderton set forth who he was, he told me that he did represent the
successor group to Municipal Theatre, Inc. He told me that Mr. Dillard
Munford had a meeting with Mayor Allen and Mr. Milton Farris, Chairman of the
Finance Committee, with respect to the successor group. Various financial
arrangements were discussed with Mayor Allen and Mr. Farris to determine what
could be done to have good theater in Atlanta this summer at the Civic Center.
An arrangement was entered into with the City, with Mayor Allen and Mr. Farris
acting as the City's representatives, whereby the Civic Center would be used
this summer on what would in all probability be a reduced rate, said rate being
predicated upon the proceeds of the successor group. Mr. Anderton went on to
tell me two things that I feel are especially remarkable with respect to the
situation concerning the prop building. The first was that if we take action
Hon. Ivan Allen, Jr.
Mr. Jack C. Delius Page 2 April 9, 1969

to deny them use of the prop building, there would, in all probability, be
no theater in the Civic Center for the summer season 1969. Second, he also
told me that somewhere floating around in the back of his mind was a side
agreement which I assume would modify the lease agreement above set forth
whereby the City had given an additional ten year's use on the prop building.

The above constitutes what I feel is remarkable with respect to the conversa-
tion I had with Mr. Anderton. I certainly do not purport to be able to bind
the City in any respect and the primary purpose of this is, I assure you, for
information purposes and also to request of you two gentlemen such direction
to me as may be proper under the circumstances with respect to a disposition
concerning the prop building.

Should either of you have any questions with respect to the situation, please
feel free to call upon me.

Incidentally, Mr. Anderton asked for a copy of the original lease agreement
between Municipal Theatre, Inc. and the City of Atlanta andI forwarded the
same to him by transmittal of this date. |
With my kindest regards to you both, I am

Very truly yours,

N— Uny

Thomas F. Choyce
Associate City Attorney

TFC/br

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