12-15-2008-2 Ordinance for December 15, 2008
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
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Ordinance Number 2008-16
Land Lot 690 and 691
Acres 8.03
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
-
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 15th
December, 2008.
day of
A. Max Bacon, Mayor
q3~fJ. ~
Susan D. Hiott, City Clerk
City of Smyrna
-
.
. -
-
Ordinance 2008-16
EXHIBIT "A"
LEGAL DESCRIP'rION
Overall Tract
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 690 &. 691 OF THE 171b DISnuCI',
2"d SECTION, OF COBB COUNTY, GBORCJ.IA AND BEINO MORE PARnCULARL Y DESCRIBED AS FOLLOWS:
BBGDlNlNG AT AN m.ON PIN FotJND AT THE INTERSECfION OF THE SOUTHERN LAND LOT LlNB OF LAND
LOT 690 AND THE WESTERN RIGHT OF WAY OF SOUTH COBB DRlVB (HA VIN'G A 200' RIGHT OF WAY) GO
THENCE NORTH 08 DEOR1lBS 38 MlNtTI'ES 39 SECONDS WEST ALONG THE RIGlIT OF WAY OF SOUTH
COBB DRIVE FOR. A DISTANCE OF 690.82 :FBBT TO A lWB.Alt mON PIN" FOUND AND THE TRUE POINT OF
BEGINNING: GO nmNCB, LEAVING SAID RIGHT OF WAY. NORTH 89 DEGREES 11 MINUTES 45 SECONDS
WEST FOR. A DISTANCE OF 553.37 FEET TO A REBAR mDN PIN FOUND; GO THBNCE NOR.TH 01 DEGREES 18
MINUTES 25 SECONDS BAST FOR A DJSTANCB OF 658.42 FSBT TO AN m.ON PIN SET ON nIB NORm LAND
LOT LINE OF LAND LOT 690; SAID POINT :BBING 661,22 FBBT EAST OF AN OPEN TOP PlN FOUND AT THE
COMMON LAND LOT CORNER OF UND LOTS 678, 679,690 AND 691; GO 'llmNCE ALONG THB NORTH
LAND LOT LINE OF LAND LOT 690 scum 88 DEORHBS 52 MINUTES 32 SECONDS EAST FOIt A DISTANCE
OF 78.26 FEET TO A SQUARB ST.BHL PIN FOUND.AND THE CORNER SEPARATING LOTS S .AND 5 OF nm
OAJIDALE PARK. SUBDIVISION; GO TIiBNCE ALONG THB NOR.'l'H LAND LOT LINE OF LAND LOT 690
solJTB 88 DBcmBBS 52 M:lN'l.nES 32 SECONDS EAST FOR A DISTANCE OF 173.46 FEBT TO AN IRON PIN SET
ON THE SOtmI EAST RlOHT OF WAY OF HANSON DRIVE (HAVINO A 20' RIGHT OF WAy)j GO THBNCB
.. ALONG SAID RlORT OF WAY NORTH 32 DEGRBBS 39 MINUl'.BS 08 SECONDS BAST FOR. A DISTANCE OF
135.99 FEBT TO AN meN PIN SET; GO TBENCB ALONG SAID RIGHT OP WAY NORTH 34 DBGREES 03
MlNUTBS 54 SECONDS BAST FOR ADTSTANCB OF 102.69 PEBTTO AN IRON PlN SET AT THE IN'TBRSBCTION
OF'lBB Sot:rrHBA.SnmN lUGe:r OF WAY OF HANSON DlUVE AND TBB WESTBRLY 1UGBT OP WAY OF
SOUTH COBB DlUVB; 00 TEmNCE SOtrIHBAS'IBRLY ALONG TBB WEST RIOHT OF WAY AN ARC
DISrANCE OF 291.67 FBBT; SAID ARC BBING SUJ3TBNDBD BY A CHORD BBAlmlO OF soum 15 DBGRBES
18 MINUTES 18 SECONDS EAST WITH A CROE DISI'ANCB OF 291..34 F.BBT USING A RADIDS LENGTH OF
1778.91 PBBI'TO A POlNT; GO THBNCB ALONG SAID RIGHT OF WAY SOU'lH 08 DEGREES 42 MmUTES 38
SECONDS BAST FOR A DISTANCB OF 150.00 PE.ET TO .AN mON PlN SliT; GO THENCB ALONG SAID RIGHT
OF WAY SOUTH 81 DEGREES 17 MINtTI'.BS 22 SECONDS WEST FOR A DISTANCE OF 32.00 F.BJn'TO AN IRON
PIN SET; GO TBENCB ALONG SAID RIGHT OF WAY SOUTH 08 DEGREES 42 MINUT.BS 38 SBCONDS EAST
FOR ADIST.ANCB OF 65.00 FBBTTO AN mON PIN SlIT; 00 THENCRALONG SAID RIOHT OF WAY NORTH 81
DEGRBBS 17 MlNUTBS 22 SECONDS EAST FOR A DISTANCE OF 32.00 FEET TO AN IRON PIN SET; GO
THBNCIl ALONG SAID RIGHI' OF WAY SOt1I'H 08 DEGRBES 42 MINUTES 38 SECONDS BAST FOR A
DISTANCB OF 371.54 FBBT TO A REBAR IRON iINFOUND.AND THE TRUE POINT OF BEGINNING.
SAID TRACT CONTAINS 8.03 ACRES.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
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Ordinance Number
Land Lot 632
Acres ~
2008-17
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A. "
...
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 15th
December. 2008.
day of
/
A. Max Bacon, Mayor
J:1=gc~
City of Smyrna
Scott A. Coc n, City Att
City of Smyrna
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Ordinance No. 2008-17
Exhibit "An
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Legal Description
ALL THAT TRACT or parcel of land lying and being in Land Lot 632 of the 17th District,
2nd Section, Cobb County, Georgia, and being Lot 2 Woodland Subdivision as recorded
in Plat Book 12 page 57; and being more particularly described as follows:
To find the Point of Beginning, commence at the intersection of the northerly right-of-
way of Spring Street (50' RIW) with the westerly right-of-way of Donna Lynn Drive (50'
RIW), if extended; then traveling westerly along the extended northerly right-of-way of
Spring Street for a distance of 49.60 feet to the Point of Beginning; then traveling along
the northerly right-of-way of Spring Street
THENCE South 88031'50" West for a distance of 56.69 feet to a point; then leaving the
northerly right-of-way of Spring Street
THENCE North 01046'00" West for a distance of 110.09 feet to a point;
THENCE North 89004'36" East for a distance of 107.73 feet to a point on the westerly
right-of-way of Donna Lynn Drive; then traveling along said right-of-way
THENCE South 01000'59" East for a distance of 59.46 feet to a point at the beginning of
the curved intersection of the westerly right-of-way of Donna Lynn Drive with the
northerly right-of-way of Spring Street;
THENCE traveling along said curve to the right for a distance of 78.14 feet to the Point
of Beginning, said curve being subtended by a chord of South 43045'26" West for a
... distance of 70.43 feet and having a radius of 50.00 feet.
Together with, and subject to, all easements, covenants, and restrictions of record.
Said property contains 0.257 acres, more or less.
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ORDINANCE NO. 2008-18
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF
- ORDINANCES, CHAPTER 22, ARTICLE VII, BAIL BONDSMEN, CITY OF SMYRNA, GEORGIA,
BE AMENDED BY REPEALING THE PREVIOUS BODY OF BAIL BONDSMEN REGULATIONS IN
THEIR ENTIRETY AND SUPPLANTING THEM WITH A REVISED VERSION. BE IT ORDAINED
BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Article VII of Chapter 22, be amended in entirety as follows:
ARTICLE VII.
BAIL BONDSMEN*
*
Cross References: Bail or appearance bond, ~ 34-46 et seq.
State Law References: Bonds and recognizances, O.C.G.A. ~ 17-6-1 et seq.
DIVISION 1.
GENERALLY
Sec. 22-266. Definitions.
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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Bondsmen, professional or surety means all persons who hold themselves out as signers or sureties of
bail bonds for compensation, and who are licensed as provided in this article.
(Code 1977, ~ 5-1)
Cross References: Definitions generally, ~ 1-2.
State Law References: Similar provisions, O.C.G.A. ~ 17-6-50.
Sec. 22-267. Employee termination.
Any professional bondsman who terminates the appointment of any employee authorized to sign bonds
shall immediately file written notice thereof with the chief of police and the city clerk, together with a statement
that he/she has given or mailed notice to the employee. Such notice filed shall state the reasons, if any, for such
termination. Information so furnished shall be privileged and shall not be used as evidence in any action against
the professional bondsman.
(Code 1977, ~ 5-5)
Sec. 22-268. Engaging in bail bond business.
(a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or
-attorney in this state to engage either directly or indirectly in the bail bond business.
(b) Any person who violates this section shall be guilty of a misdemeanor.
(Code 1977, ~ 5-6)
- State Law References: Elected officials, attorneys, etc., prohibited from engaging in bail bond business, O.C.G.A. ~ 45-11-
8.
Sec. 22-269. Payment for bail bonds; pre-numbered receipt as evidence of payment by client.
(a) Any professional bondsman engaged in the bail bond business, who accepts money or any other
consideration for any bail bond which he/she executes, must for each payment received, give to the person
paying the money or giving the consideration a prenumbered receipt as evidence of payment, which receipt
shall state the date, name of the principal, amount of money or consideration received and purpose for which
received, number of the power of attorney form attached to the bond, penal sum of the bond, and the name of
the person making payment or giving compensation.
(b) All professional bondsmen must retain a duplicate copy of each receipt issued as part of their
records.
(Code 1977, ~ 5-7)
Sec. 22-270. Fees of sureties.
(a) Sureties on criminal bonds in any court shall not charge or receive more than twelve percent of
the principal amount of the bonds set in the amount of $1 0,000.00 or less and shall not charge or receive more
than 15 percent of the principal amount of bonds set in an amount in excess of $1 0,000.00 as compensation
_ from defendants or from anyone acting for defendants.
(b) Any person who violates subsection (a) ofthis section shall be guilty of a misdemeanor.
(Code 1977, ~ 5-8)
State Law References: Similar provisions, O.C.G.A. ~ 17-6-30.
Sec. 22-271. No further compensation after becoming surety; when sum received to be returned to
defendant; right to surrender defendant and to keep sum paid when defendant forfeits.
(a) No professional bondsman, his/her agents, or employees who receive compensation for
becoming the surety on a criminal bond shall thereafter receive any other sum in the case. If, before final
disposition of the case, the surety surrenders the defendant who is the principal on the bond into the custody of
the court, he/she must first return to the principal the compensation received for signing the bond as surety.
(b) In the event of a forfeiture on the bond by the defendant, the surety shall have the right to
surrender into custody the defendant who is the principal on the bond without returning any compensation paid
by the defendant for the signing ofthe bond.
(Code 1977, ~ 5-9)
State Law References: Similar provisions, O.c.G.A. ~ 17-6-54.
Sec. 22-272. Power of attorney.
_ A professional bondsman must attach to each bail bond a duly executed power of attorney in an amount
of at least the penal sum of the bond. This section shall not apply to any card or certificate of membership of
any automobile club.
(Code 1977, ~ 5-10)
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Sec. 22-273. Condition of bond.
When a person is admitted to a bond for an appearance in municipal court, the condition of the bond
shall be that such person will appear at the time and date specified to answer the charges, and will submit to the
orders and processes of the judge until a disposition is made in the case.
(Code 1977, ~ 5-11)
Sec. 22-274. Same--Judgment absolute - Execution hearing on failure of principal to appear.
(a) Upon the nonappearance of the principal in municipal court, the judge shall, at the end of the
court day, forfeit the bond and order an execution hearing not sooner than 120 but not later than 150 days after
such failure to appear. Notice of the execution hearing shall be served within ten days of such failure to appear
by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten
days of such failure to appear at its home office or to its designated registered agent. Service shall be considered
complete upon the mailing of such certified notice.
(b) If at the execution hearing, it is determined that the judgment should be entered, the judge shall
so order and a writ of fieri facias shall be filed in the office of the clerk of the municipal court. The professional
bondsman or other surety shall then and there, upon demand, pay to the municipal court the penal sum of the
bond as established by the cash bond schedule plus any court costs assessed by the judge. If payment is not
_ promptly made, in addition to any other remedy against such professional bondsman, the city certificate of the
professional bondsman shall be suspended until the judgment absolute is satisfied. Judgment absolute becomes
a final disposition and relieves the principal and surety of any further obligation to the city.
(Code 1977, ~ 5-13; Ord. No. 93-11, ~ 5-13, 11-15-93; Ord. No. 94-18, ~ 3, 12-5-94)
State Law References: Similar provisions, O.C.G.A. S 17-6-71.
Sec. 22-275. Conditions not warranting forfeiture of bond for failure to appear; remission of forfeiture.
(a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the
satisfaction of the court by the written statement of a licensed physician that the principal on the bond was
prevented from attending by some mental or physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the
satisfaction of the court that the principal on the bond was prevented from attending because he or she was
detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so
detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court
order in a mental institution in the State of Georgia or another jurisdiction. An official written notice of the
holding institution in which the principal is being detained or confined shall be considered proof of the
principal's detention or confinement and such notice may be sent from the holding institution by mail or
delivered by hand or by facsimile machine. Upon the presentation of such written notice to clerk of the proper
court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the
case, along with a letter of intent to pay all costs of returning the principal to the jurisdiction of court, such
notice and letter shall serve as the surety's request for a detainer or hold to be placed upon the principal. Should
-there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays,
and after such presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of
liability for the appearance bond without further order of the court.
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(c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the
satisfaction of the court that prior to the entry of the judgment on the forfeiture the principal on the bond is in
the custody of the sheriff or other responsible law enforcement agency. An official written notice of the holding
institution in which the principal is being detained or confined shall be proof of the principal's detention or
confinement and such notice may be sent from the holding institution by mail or delivered by hand or by
facsimile machine. Upon presentation of such written notice to the clerk of the proper court, the prosecuting
attorney, and the sheriff or other law enforcement officer having jurisdiction over the case along with a letter of
intent to pay all of the costs of returning the principal to the jurisdiction of the court, such notice and letter shall
serve as the surety's request for a detainer or hold to be placed upon the principal. Should there be a failure to
place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays, and after such
presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of liability for the
appearance bond without further order of the court.
(d) In cases in which paragraph (3) ofthis subsection is not applicable, on application filed within 120
days from the payment of the judgment, the court shall order remission under the following conditions:
--
(1) Provided the bond amount has been paid within 120 days after judgment and the delay has
not prevented prosecution of the principal and upon application to the court with prior
notice to the prosecuting attorney of such application, said court shall direct remission of
95 percent ofthe bond amount remitted to the surety ifthe surety located the principal in
the custody of the sheriff in the jurisdiction where the bond was made, apprehends,
surrenders, or produces the principal, if the apprehension or surrender of the principal was
substantially procured or caused by the surety, or ifthe location of the principal caused the
adjudication of the principal in the jurisdiction where the bond was made. Should the
surety, within two years of the principal's failure to appear, locate the principal in the
custody of the sheriff in the jurisdiction where the bond was made or another jurisdiction
causing the return of the principal to the jurisdiction where the bond was made or in
another jurisdiction causing the return of the principal to the jurisdiction where the bond
was made, apprehend, surrender, or produce the principal, if the apprehension or surrender
of the principal is substantially procured or caused by the surety, or if the location of the
principal by the surety causes the adjudication of the principal in the jurisdiction in which
the bond was made, the surety shall be entitled to a refund of 50 percent of the bond
amount. The application for 50 percent remission shall be made no later than 30 days
following the expiration of the two-year period following the date of judgment.
(2) Remission shall be granted upon condition of the payment of court costs and of the expenses
of returning the principal to the jurisdiction of the surety; or
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(3) If, within 120 days after judgment, the surety surrenders the principal to the sheriff or
responsible law enforcement officer, or said surrender has been denied by the sheriff or
responsible law enforcement officer, surety locates the principal in custody of another
jurisdiction, the surety shall only be required to pay costs and five percent of the face
amount of the bond, which amount includes all surcharges. Ifit is shown to the satisfaction
-
of the court, by presentation of competent evidence from the sheriff or the holding
institution, that said surrender has been made or denied or that the principal is in custody in
another jurisdiction or that said surrender has been made and that five percent of the face
amount of the bond and all costs have been tendered to the sheriff, the court shall direct that
the judgment be marked satisfied and that the writ of execution, fi. fa., be cancelled.
(Code 1986, ~ 9-4-23; Ord. No. 2000-19, 9-19-00)
State Law References: O.C.G.A. ~ 17-6-72.
Sec. 22-276. Canceling the bond.
When the condition of the bond is satisfied or the forfeiture of the bond has been discharged or remitted,
the judge shall make an order canceling the bond. Conviction or acquittal of the defendant shall satisfy the
terms of the bond written by any bail bondsman.
(Code 1977, ~ 5-14)
Sec. 22-277. Display of signs.
(a) Each professional bondsman duly licensed by the city shall be allowed to display a sign of
hislher own making in a place designated by the chief of police, at or near the book-in-book-out section of the
city jail.
(b) One sign per licensee shall be permitted and shall be limited to lettering and numbering of no
more than three inches in height and 1 1/2 inches in width for each letter or numeral.
_ (c) Signs shall be limited to two lines to allow the name of business at the top and the phone number
at the bottom.
(d) Signs shall be restricted to black and white in coloring and shall be hung in the place so
designated on a first come, first served priority.
(Code 1977, ~ 5-15)
Sec. 22-278. Equal access to jail.
All professional bondsmen who hold a currently effective certificate issued by the city clerk shall be
entitled to equal access to the jail for the purpose of making bond.
(Code 1977, ~ 5-16; Ord. No. 94-18, ~ 3, 12-5-94)
Sec. 22-279. Suggesting employment of attorneys during negotiations regarding signing of bond or any
time subsequent thereto.
Professional bondsmen, their agents, or representatives shall not suggest or advise the employment of or
name for employment any attorney to represent a defendant during the negotiations for the bondsmen to sign
the bond or subsequent thereto.
(Code 1977, ~ 5-17)
State Law References: Similar provisions, O.C.G.A. ~ 17-6-51.
- Sec. 22-280. Soliciting business or loitering around jails or courts to solicit business; giving of advice by
law enforcement officers as to services of professional bondsmen.
Professional bondsmen, their agents, or employees shall not solicit business as bondsmen or loiter about
- or around jails, places where prisoners are confined, or the courts for the purpose of engaging in or soliciting
business as such bondsmen. No state or municipal law enforcement officer or keeper or employee of a penal
institution may suggest to or give advice to, in any manner whatsoever, any prisoner regarding the services of a
professional bondsman to write a criminal bond for the appearance of a prisoner in any court at any time.
(Code 1977, ~ 5-18)
State Law References: Similar provisions, O.C.G.A. ~ 17-6-52.
Sec. 22-281. Giving advice or directions to defendants who are principals in bonds regarding defense or
disposition of cases.
Professional bondsmen, their agents, or employees shall not advise defendants who are principals in
bonds signed by them or give any directions in the defense or disposition of the cases in which they sign bonds.
(Code 1977, ~ 5-19)
State Law References: Similar provisions, O.C.G.A. ~ 17-6-53.
Sec. 22-282. Miscellaneous illegal acts.
No professional bondsman shall:
(1)
Pay a fee or rebate or give or promise anything of value to ajailor, police officer, peace officer,
judge or any other person who has power to arrest or to hold in custody; or to any city official or
city employee in order to secure a settlement, compromise, remission or reduction of the amount
of any bail bond thereof.
-
(2) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in
defense of any action on a bond.
(3) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his/her
behalf.
(4) Sign or countersign in blank any bond; nor shall he/she give a power of attorney to, or otherwise
authorize, anyone to countersign his/her name to bonds unless the person so authorized is
directly employed by the bondsman giving such power of attorney.
(Code 1977, ~ 5-20)
Sec. 22-283 - Use of Bail Recovery Agents
Each professional bondsman duly licensed by the city that employs a bail recovery agent shall be in
accordance to O.C.G.A. 17-6-56 - 17-6-58 as amended.
Sees. 22-284--22-295. Reserved.
DIVISION 2.
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CERTIFICATE
_ Sec. 22-296. Required; qualifications of applicant.
A person doing business in the city as a bail bondsman must have a city certificate. To qualify for
certificate as a professional bondsman in the city it must affirmatively appear that:
(1) The applicant is a natural person who has reached the age of21 years.
(2) The applicant is a citizen of the United States.
(3) The place of business of the applicant will be located in this state, and such applicant will be
actively engaged in the bail bond business and maintain a place of business accessible to the
public.
(4) A fee approved by the mayor and council and kept on file in the office of the city clerk shall be
submitted with each application as the cost of conducting character investigation of applicant.
(5) The applicant shall furnish with the application a complete set ofhislher fingerprints and a recent
credential-size, full face photograph ofhimselflherself. The applicant's fingerprints shall be
certified by the chief of police.
(6)
The applicant shall justify the sufficiency of hislher bonding ability by affidavit and attachments
of certified copies of arrangements with surety bonding companies that he/she possesses the
qualifications and sufficiency to become a surety, and in such affidavit shall describe hislher
property to which he/she proposes to justify as to hislher sufficiency, stating the encumbrances
thereon, according to the standards as promulgated by the sheriff of the county.
-
(7) The applicant shall be required to post security with the city prior to the authorization of such
bondsmen and/or bonding company to post bonds for the release of prisoners from the jails of the
city, in one of the following manners:
a. The security shall be in the form of the applicant signing an agreement with the city
providing for an escrow account, funded by the applicant, in one or more financial
institutions designated as city depositories. The escrow shall be ten percent of that
company's bonding capacity and shall not be less than $10,000. Ifthis escrow is
encroached upon for any reason or if the city clerk otherwise determines that additional
or less escrow is required to ensure the solvency or reliability of the professional
business, the city clerk may require amendment of the escrow through written notice to
the professional bonding business.
b. The bondsmen and/or bonding company shall file with the city clerk a surety bond
running to the city in the amount of $50,000.00, with surety acceptable to and approved
by the mayor and council.
-
(8)
The applicant shall be required to provide a schedule of all bonds of every description upon
which the applicant, at that time, appears as surety, showing the date and penal sum of each bond
separately.
-
(9)
The applicant shall be required to provide a subschedule of all bonds upon which the applicant,
at that time, appears as surety, which have been forfeited and not paid.
(10) The applicant shall furnish a list of names and addresses of all partners, if a partnership; officers,
directors and stockholders, if a corporation; managers and members, if a limited-liability
company.
(11) The applicant shall furnish a complete record of all arrests and convictions against the applicant
and every partner, officer, director, member and/or manager for violations of any and all laws of
any city, state or federal government.
(Code 1977, S 5-2; Ord. No. 93-11, S 5-2, 11-15-93; Ord. No. 94-1,2-7-94; Ord. No. 94-2,2-7-94; Ord. No. 94-
18, S 3, 12-5-94)
Sec. 22-297. Denial; suspension; refusal to renew; revocation.
The mayor and council may deny, suspend, revoke or refuse to renew any bail bondsman's certificate for
any of the following causes:
(1) For any cause for which issuance of a certificate could have been refused had it then existed and
been known to the mayor and council.
-
(2)
Material misstatement, misrepresentation or fraud in obtaining the certificate.
(3) Misappropriation, conversion or unlawful withholding of money belonging to others and
received in the conduct of business under the certificate.
(4) Conviction ofa felony.
(5) Fraudulent or dishonest practices in the conduct of business under the certificate.
(6) Willful failure to comply with the provisions of this article.
(7) Willful failure to return collateral security to the principal when the principal is entitled thereto.
(8) When, in the judgment of the mayor and council, the licensee has, in the conduct of affairs under
the certificate, demonstrated incompetency, untrustworthiness, conduct or practices rendering
him/her unfit to carry on the bail bond business, making his/her continuance in such business
detrimental to the public interest, no longer in good faith carrying on the bail bond business,
guilty of rebating or offering to rebate, offering to divide his/her compensations, and for any of
such reasons, is found by the mayor and council to be a source of detriment, injury or loss to the
public.
-
(9)
For failure to meet the obligations or standards set forth by any other city or county in which the
bondsmen and/or bonding company is licensed to do business.
(Code 1977, ~ 5-3; Ord. No. 94-3,2-7-94; Ord. No. 94-18, ~ 3, 12-5-94)
- Sec. 22-298. Termination on ceasing operation.
Any professional bondsman who discontinues writing bail bonds during the period for which he/she is
licensed shall notify the chief of police and the city clerk and immediately return hislher certificate.
(Code 1977, ~ 5-4; Ord. No. 94-18, ~ 3, 12-5-94)
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective
date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court
of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part
thereof which is not specifically declared to be invalid or unconstitutional.
A. MAX BACON, MAYOR
A. Max Bacon, Mayor
_Attest:
Gf~2D. V~
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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S~ott A. . an~omey
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
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Ordinance Number
Land Lot 329
Acres ~
2008-19
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified ofthe City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A. "
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BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 15th
December, 2008.
day of
A. Max Bacon, Mayor
(4i~D. Yi~
Susan D. Hiott, City Clerk
City of Smyrna
orney
Scott A. Cochran, CI
City of Smyrna
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Ordinance No. 2008-19
Exhibit "An
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Property Line Description
All that tract or parcel of land lying and being in Land Lot 329 ofthe 17th District, 2nd Section, Cobb
County, Georgia, and being more particularly described as follows:
Commencing at the point of intersection of the westerly land lot line of Land Lot 329 and the northerly
right-of-way of Cooper Lake Road (50' R/W);
Thence along said northerly right-of-way and a curve to the left, an arc distance of 100.00 feet, said
curve having a radius of 651.92 feet and being subtended by a chord of 99.91 feet, at South 88 degrees
2S minutes 52 seconds East, to a point, said point being the TRUE POINT OF BEGINNING;
Thence leaving said northerly right-of-way along the eastern boundary of the lands of J. David Baxter
(Plat Book 266, Page 14) North 00 degrees 14 minutes 02 seconds East, 150.00 feet to a point;
Thence continuing along the southerly boundary of said lands of J. David Baxter North 70 degrees 14
minutes 16 seconds East, 269.16 feet to a point on the westerly boundary of Lake View at Vinings
Subdivision (Plat Book 212, Page 93);
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Thence along said westerly boundary South 00 degrees 08 minutes 32 seconds West, 175.90 feet to a
point on said northerly right-of-way of Cooper Lake Road;
Thence along said northerly right-of-way and a curve to the right, an arc distance of 263.50 feet, said
curve having a radius of 651.92 feet and being subtended by a chord of 261.71 feet, at South 75 degrees
35 minutes 42 seconds West, to a point, said point being the TRUE POINT OF BEGINNING;
Said tract or parcel of land contains 1.00 acres and is more accurately depicted on a plat of survey
prepared by Surveys Plus, Inc., dated 11-11-08, job number 4179.
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ORDINANCE NO. 2008-21
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AN ORDINANCE BY THE CITY OF SMYRNA TO AMEND THE CODE OF ORDINANCES
OF (CITY NAME), GEORGIA TO ESTABLISH DUE COMPENSATION APPLICABLE TO
ANY TELEGRAPH OR TELEPHONE COMPANY CHARTERED BY THE LAWS OF THIS
OR ANY OTHER STATE BY ADOPTING A NEW ARTICLE V, TELEGRAPH AND
TELEPHONE COMPANIES, TO APPENDIX C, FRANCHISES OF SMYRNA CODE OF
ORDIANCES; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
WHEREAS, the City of Smyrna is authorized pursuant to O.C.G.A. 46-5-1 et seq. as
amended in 2008 by Senate Bill 379 (the "amended law") to collect due compensation from
telegraph or telephone companies that maintain and operate lines and facilities occupying
municipal streets and rights of way equal to no more than 3 percent of actual recurring local service
revenues received by such company from its retail, end user customers located within the corporate
boundaries of the city; and
WHEREAS, if a company does not have retail, end user customers located within the city's
municipal boundaries, the payment by such company to a municipal authority in accordance with
the rates set by regulations promulgated by the Department of Transportation for the use of its
rights of way shall be considered the payment of due compensation; and
WHEREAS, under the amended law, existing franchise agreement and occupational license
tax payments greater than 3% of actual recurring local service revenues are grandfathered until the
_ expiration of the franchise agreement or December 31, 2012, whichever is earlier; and payments
thereafter will be at the statutory rate,
THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA HEREBY ORDAINS ARTICLE
V, TELEGRAPH AND TELEPHONE OF APPENDIX C FRANCHISES:
Section 1
The Code of the City of Smyrna is hereby amended by adding a Section to be numbered
Section 1, which said section reads as follows:
"Section 1. Due compensation for telephone companies with end user retail customers
within the city.
(a)
The city hereby requires due compensation of 3 percent of actual recurring
local service revenues, as defined in paragraphs (8) and (9) of subsection (b) of
Section 46-5-1 of the Official Code of Georgia Annotated; provided, however, that
any company which pays in excess of 3 percent of actual recurring local service
revenues pursuant to an existing franchise agreement shall continue to pay in
accordance with the agreement until the expiration of the franchise agreement or
December 31, 2012, whichever occurs first, and any company which pays in excess
of 3 percent of actual recurring local service revenues in accordance with an
_.
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occupational license tax arrangement shall continue to pay in accordance with such
payment schedule until December 31, 2012.
(b) Regarding any telephone company that does not have retail, end user customers
located within the city's municipal boundaries, the payment by such company to a
municipal authority in accordance with the rates set by regulations promulgated by
the Department of Transportation for the use of its rights of way shall be considered
the payment of due compensation.
Section 2
The Code of the City of Smyrna of Section 2 is further amended by adding a Section to be
numbered Article 5, Telegraph and Telephone, of Appendix C, Franchises, which said section
reads as follows:
"Section 2. Authorized designee.
The City Administrator shall, on behalf of the city, exercise day-to-day administrative
duties necessary to fulfill the regulatory authority of the city under OCGA 46-5-1, et seq. and shall
perform the following duties:
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(a) Review application information submitted by a telephone company to the city and, if
an application is incomplete, notify the telegraph or telephone company within 15
business days of the receipt of such application, identifying in such notice all
application deficiencies.
(b) Report the receipt of a completed application to the Council within 60 calendar days
of the receipt of such completed application.
(c) Review payments of due compensation submitted by the company to ensure
compliance with the provisions of the amended law and this ordinance.
(d) Provide a coordination function between a telephone company and all city
departments on any matter relating to the amended law and this ordinance.
(e) Arrange and evaluate, no more than once a year, a comprehensive review of the
records of a company which is reasonably related to the calculation and payment of
due compensation.
(f) Provide to all telegraph and telephone companies located in its rights of way written
notice of annexations and changes in municipal corporate boundaries."
Section 3
The preamble to this ordinance is hereby incorporated into this ordinance as if set out fully
herein.
Section 4
The sections, paragraphs, sentences, clauses or phrases of this ordinance are severable, and
if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared illegal by
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the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
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Section 5
All ordinances and parts of ordinances in conflict herewith or with OCGA 46-5-1 et seq. are
hereby expressly repealed.
Section 6
The adoption date of this ordinance is December 15,2008.
Section 7
The effective date of this ordinance is December 15,2008.
ORDAINED by the Mayor and Council of the City of Smyrna this 15th day of December,
2008.
:~~
Susan D. Hiott
- City Clerk
Approved as to Form
rttomey
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