08-15-2011 August 15, 2011August 15, 2011
Mayor and Council Meeting
August 15 2011
All council members were present. Also present was City Administrator Eric Taylor, City Attorney
Scott Cochran, City Clerk Susan Hiott, Finance Director Robert Porche, Police Chief Stan Hook,
Public Relations Director Jennifer Bennett, Human Resources Director Kay Bolick, Fire Chief Jason
Lanyon, Library Director Mike Seigler, Assistant Public Works Director Frank Martin, Assistant
Parks and Recreation Director Tanya Jackson, Management Fellow Kevin Klosterboer and
representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting
was called to order by presiding officer Mayor Max Bacon at 7:32 o'clock p.m.
Mayor Bacon recognized Pastor Don Barbee of Cumberland Community Church, who conducted the
invocation and led all present in the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that item 8B would be removed from the consent agenda and that item 6C had
been changed to reference Chapter 22 of the pawn shop ordinance.
MAYOR'S REPORT:
Mayor Bacon stated that there was none.
LAND ISSUES /ZONINGS /ANNEXATIONS:
Mayor Bacon stated that items 4A, 4B and 4C would be withdrawn without prejudice and
acknowledged Mr. Taylor, who explained that this item first came before council back in 2010 and
has been tabled numerous times since. He shared that the project was still ongoing and that the
prospective owner had asked to withdraw these requests until he could better resolve certain issues.
(A) Public Hearing (no vote at this time) - Rezoning Request Z10 -013 - From RM -12 (Cobb County)
to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and Davie Circle —
Regency Square Apartments, LLC and Virginia C. West, LLC (RN) Tabled from October 18, 2010 -
Tabled from February 7, 2011, Tabled from February 21, 2011 and March 7, 2011 - Tabled from
April 18, 2011 and May 16, 2011 and July 5, 2011 meeting - To be tabled to August 15, 2011
meeting - To be withdrawn without prejudice
Motion: Councilman Newcomb moved to withdraw without prejudice Rezoning Request Z10 -013 -
From RM -12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 -
Roswell Street and Davie Circle — Regency Square Apartments, LLC and Virginia C. West, LLC.
van Motion was seconded by Councilwoman Pritchett and approved 7 -0.
(B) Annexation request (100% of owners requesting annexation) - Land Lot 663, Parcels 3 and 4 -
17`" District, 2nd Section, Cobb County - 20.587 acre tract - Roswell Street (Regency Square
August 15, 2011
2
Apartments) (RN) Tabled from October 18, 2010 Meeting - Tabled from February 7, 2011 - Tabled
from February 21, 2011 and March 7, 2011 - Tabled from April 18, 2011 and May 16, 2011 meeting
and July 5, 2011 meeting - To be tabled to August 15, 2011 meeting - To be withdrawn without
prejudice
Motion: Councilman Newcomb moved to withdraw without prejudice Annexation request (100% of
owners requesting annexation) - Land Lot 663, Parcels 3 and 4 - 17th District, 2nd Section, Cobb
County - 20.587 acre tract - Roswell Street (Regency Square Apartments). Motion was seconded by
Councilwoman Pritchett and approved 7 -0.
(C) Final vote - Rezoning Request Z10 -013 - From RM -12 (Cobb County) to ARD Conditional
(Smyrna) - 20.587 Acre tract - Land lot 663 - Roswell Street and Davie Circle - Regency Square
Apartments, LLC and Virginia C. West, LLC (RN) Tabled from October 18, 2010 Meeting - Tabled
from February 7, 2011— Tabled from February 21, 2011 and March 7, 2011 - Tabled from April 18,
2011 and May 16, 2011 and July 5, 2011 meeting - To be tabled to August 15, 2011 meeting - To be
withdrawn without prejudice
Motion: Councilman Newcomb moved to withdraw without prejudice Rezoning Request Z10 -013 -
From RM -12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract - Land lot 663 -
Roswell Street and Davie Circle - Regency Square Apartments, LLC and Virginia C. West, LLC.
Motion was seconded by Councilwoman Pritchett and approved 7 -0.
5. PRIVILEGE LICENSES:
(A) Public Hearing -new application for agent- retail pouring sales of beer and wine - Sparkles of
Smyrna dba Sparkles Roller Rink -Glenn A Couey -666 Smyrna Hill Dr (MM)
Mayor Bacon acknowledged Mr. Taylor, who read aloud the details of the application request and
stated that Mr. Couey had been provided with a copy of the alcoholic beverage ordinance, had attended
the mandatory alcohol awareness workshop and that a background check by the police department had
failed to produce any reason that the license should not be granted. He stated that staff had reviewed the
request and recommended approval.
Mayor Bacon stated that this was a public hearing and asked for input. There was none.
Councilman McNabb recognized Mr. Couey, sharing that they had met at the establishment to
discuss the proposed plan and asked Mr. Couey to provide details for Council. Mr. Couey explained
that roller rinks in his association have been steadily obtaining pouring licenses due to significant
market share loss to venues such as bowling alleys and Chuck -E- Cheese. He explained that his
insurance allows him to have a rider policy to cover alcohol sales and outlined his plan to serve beer
and wine from a different counter than those which served food and non - alcoholic beverages,
highlighting that this counter would be in a room accessible only to adults. He commented on the
resurgence of adult skaters and that two nights a week he offered adult only skate, where alcoholic
beverages could be allowed in the general area since all patrons would be carded prior to entrance.
Mr. Couey shared that, although his family owns a chain of rinks, that his location would be a pilot to
ensure the feasibility and smooth operation of the proposed design.
Councilman McNabb raised questions about which nights were adult skate and how containment
would be ensured on nights that were not. Mr. Couey stressed that competitors models allowed adults
Aueust 15. 2011
to wander in the general area with alcoholic beverages and that his model would not, highlighting his
proposed control measures. Councilman McNabb asked what percentage of revenue was from food
.. sales and Mr. Couey replied about 20 %, acknowledging that he understood there were certain
guidelines he would be required to follow. The Councilman asked if the owner was familiar with
Evindi training and Mr. Couey shared that he had personally attended the course. The Councilman
mentioned that the City operates sting operations to assure compliance. Councilman McNabb
recognized that Sparkles employs the services of Smyrna Police Officers and there was discussion
about the long- standing relationship with Officer Defense and patrons of the establishment.
Councilwoman Anulewicz inquired if smoking would be allowed and Mr. Couey responded in the
negative. The Councilwoman then asked what potential there was for children to be left unattended if
parents were consuming alcohol in an isolated room and Mr. Couey stated that he did not foresee a
problem since he did not expect a high consumption rate at children's parties and that he had staff to
help monitor. He stressed that the alcohol sales were geared toward private party business.
Councilman McNabb asked if patrons would be allowed to bring in their own alcohol and Mr. Couey
stated that all alcohol would be furnished by the business. The Councilman confirmed with Mr.
Taylor that the adjacent residences met the setback requirements for allowing a pouring license.
MOTION: Councilman McNabb made a motion to approve the new application for agent - retail
pouring sales of beer and wine - Sparkles of Smyrna dba Sparkles Roller Rink -Glenn A Couey -666
Smyrna Hill Dr. Motion was seconded and approved 7 -0.
6. FORMAL BUSINESS:
(A) Appointment Kim Brinson for Ward 2 Representative to the Tree Board (RN)
Mayor Bacon recognized Councilman Newcomb, who called upon Kim Brinson to discuss her
involvement in the community. She highlighted her efforts with the community garden and her
commitment to recycling.
MOTION: Councilman Newcomb moved to approve Appointment Kim Brinson for Ward 2
Representative to the Tree Board. Motion was seconded by Councilwoman Pritchett and approved 7-
0.
(B) Approval Resolution R2011 -06 authorizing adoption of an (1) Intergovernmental Agreement
between the City and the Downtown Development Authority and (2) the Board of Regents Lease
Agreement to support establishment of Georgia Highlands College at Smyrna (JS)
Mayor Bacon acknowledged Mr. Taylor, who provided the background to all present that the college
was seeking space in the former Cobb Center Mall and had been in negotiations with the owners of
that facility. He made known that the college wished to finance improvements at the location through
the Smyrna DDA and supplied details. Mr. Taylor stated that staff recommended approval and the
Mayor recognized Ms. Andrea Hall, who delivered a brief presentation on the proposed site and the
structure of the funding.
Councilman Lnenicka asked what name the institution would carry and Ms. Hall stated it was the
Georgia Highlands College at Smyrna.
MOTION: Councilman Smith moved to approve Resolution R2011 -06 authorizing adoption of an (1)
Intergovernmental Agreement between the City and the Downtown Development Authority and (2)
Ausust 15, 2011
the Board of Regents Lease Agreement to support establishment of Georgia Highlands College at
Smyrna. Motion was seconded by Councilman Wood.
Mayor Bacon recognized Councilman Newcomb, who stated his support for the venture and the
Council's continuing commitment to working with schools as important to the quality of life and
future of the City. He opined that a two year college of the Board of Regents was a great investment.
Councilwoman Pritchett pointed out that Kennesaw College, although a four year school, was
significantly more costly and that Georgia Highlands would provide an opportunity for those that
might not be able to afford other options, stating her support of the initiative. Councilwoman
Anulewicz commented on a column about employers seeking workers with the experience of a
college structure and on the easy accessibility of the facility by public transportation, expressing her
support. Councilman McNabb agreed that the College would be an asset to the community at large
and that area in particular. He stated that the school would provide stabilization and additional
educational options for members of the community, stating his support for Georgia Highlands. He
then shared that he was not in favor of the motion as he did not endorse the particular type of City
incentive being offered.
Motion was approved 6 -1 with Councilman McNabb against.
4
(C) Approval of Ordinance 2011 -14, suspending until September 15, 2011 all sections mandating
use of electronic records of Article II1, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances
(WL)
Mayor Bacon acknowledged Mr. Taylor, who provided the background. Mr. Taylor shared that in
March of 2011 a revised pawnbroker ordinance, requiring daily electronic submissions to the Police
Department, was passed. Since that time, questions about this requirement had arisen and in order to
resolve those issues it was requested that ordinance be suspended for 30 days.
MOTION: Councilman Lnenicka moved to approve suspending until September 15, 2011 all sections
mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of
Ordinances. Motion was seconded by Councilman Wood and approved 7 -0.
7. COMMERCIAL BUILDING PERMITS:
(A) Approval of Commercial Building Permit for Whitefield Academy for the construction of a
52,000 sq. ft. building for high school classrooms (PW)
Mayor Bacon recognized Mr. Taylor, who provided the scope and cost of the proposed plan, stating
that staff recommended approval.
Councilman Wood stated that he had attended the groundbreaking and shared his delight at having
the school in Ward 7.
MOTION: Councilman Wood moved to approve Commercial Building Permit for Whitefield
Academy for the construction of a 52,000 sq. ft. building for high school classrooms. Motion was
seconded by Councilman Smith and approved 7 -0.
CONSENT AGENDA:
August 15, 2011
Mayor Bacon acknowledged Mr. Taylor, who read aloud the consent agenda.
(A) Approval of August 1, 2011 Mayor and Council Minutes
(B) Addition of HVAC equipment to the Johnson Control Planned Service Agreement for an annual
price of $25,810.00 and authorize the Mayor to execute any related documents
(C) Approval for Holiday Lights and Market 2011: Fri., Dec. 2, 4 - 10:45p.m. (Light Parade), Sat.,
Dec. 3, 10a.m. - 10:45p.m., Sun., Dec. 4, 12 - 7p.m.
(D) Approval of Agreement for the Construction of the Atlanta Road Multi -Use Trail Project
between the City of Smyrna and Baldwin Paving Company, Inc. and Mayor to sign and execute
document
(E) Approval of Agreement for the Construction of the Spring Road Pedestrian Bridge over CSX
Railroad Project between City of Smyrna and Hitson Construction, Inc. and Mayor to sign and
execute document
(F) Approval of Agreement Regarding Abandonment of Right of Way of Camp Highland Road and
Mayor to sign and execute document.
MOTION: Councilman Lnenicka moved to delete item 8B from the consent agenda. Motion was
seconded and approved 7 -0.
MOTION: Councilman Lnenicka moved to approve the consent agenda. Motion was seconded by
Councilman Wood and approved 7 -0.
9. COMMITTEE REPORTS:
Mayor Bacon acknowledged Councilman Wood, who called upon Mr. Robert Porche to present a
report on Finance. Mr. Porche stated that the fiscal year had closed in preparation for the audit and
shared a general fund comparison for the past three years. He highlighted that expenses had declined
in proportion to decreased revenues and that the City currently had a surplus, noting the significance
of that in the current economic climate. Mr. Porche addressed Councilman Newcomb's comments
about the City operating within its means and highlighted that the numbers supported these
statements. He covered business license, permits, sanitation fees numbers and SPLOST.
Mayor Bacon recognized Councilman Lnenicka, who asked that Public Safety present June reports.
Chief Hook provided statistics and discussed a recent incident at Captain D's seafood including a
drug bust over the weekend. Chief Lanyon talked about the number of children left unattended in
non - running vehicles and the high level of resultant fatalities, highlighting prevention measures.
Councilwoman Anulewicz encouraged all to practice "look before you lock ".
Now Councilman Lnenicka informed everyone present about the status of the Atlanta multi -use trail
project and that construction was scheduled to begin the following week. He mentioned the upcoming
joint meeting, to be hosted along with Councilman Smith, with the residents of Forest Hills and
Hickory Hills to discuss traffic issues. He referenced a meeting that took place in May with the Forest
Hills Preservation Committee and shared that both the City and the neighborhood study committee
August 15, 2011 6
had been collecting data and that those results would be discussed at the meeting. He encouraged all
to attend to discuss and provide input and stated that letters would be sent out to homeowners of that
area informing them of the details of the meeting, after which the Councilman provided the date and ..w®
time to all present.
Mayor Bacon called on Councilman Smith, who recognized Tanya Jackson. Councilman Lnenicka
congratulated Councilman Newcomb on completing his doctorate degree. Tanya announced fall
programs and pool hours. Mr. Seigler presented statistics on the library and shared upcoming
programs, including a grant to host experts on discussion about the impact of the King James Bible
that had been awarded to Smyrna from among a nationwide applicant pool. Mr. Seigler informed all
of a mural to be painted and the details of the 75th celebration of the library. Councilman Smith
reminded all present that school was back in session and asked everyone to be conscientious of
school zones.
Mayor Bacon acknowledged Councilman McNabb, who recognized Ann Kirk. She provided details
of Smyrna's Fresh Market and the recently added Farm Mobile with products from Riverview Farms,
encouraging all to support the fresh market and providing details of the community garden. There
was discussion about the success of the crops. Councilman McNabb stated that Public Works had no
report and mentioned the upcoming Hickory Hills and Forest Hills meeting. He shared that traffic
patterns and recommendations for controlling speeding and cut - through in the neighborhood would
be among the items discussed. The Councilman also congratulated Councilman Newcomb on his
doctoral degree and praised his dedication to continuing education.
Mayor Bacon recognized Councilwoman Anulewicz, who invited Kay Bolick to present a report for 14
Human Resources. Ms. Bolick acknowledged ten city employees reaching milestones including,
James L. Smith, Benjamin Maddis, Gerald Williams, Mark Cole, Brandy Feliberty, Jessica Meyers,
Jean Tassey, Michael Astuto, Patton Smith, Philip Burris and thanked them for their service.
Councilwoman Anulewicz announced her intent to seek re- election, sharing her commitment to
providing representation for the residents of Ward 3. She made known her constant availability to be
accessible to her constituents, stating her desire to continue being able to address their needs and
concerns and thanking all for the opportunity to serve. She stated her pleasure at the addition of the
Farm- mobile to the Fresh Market line -up and shared her experience with the quality of the
merchandise received through a CSA with Riverview Farms. She was asked to clarify CSA and she
explained that it was Community Supported Agriculture, highlighting that Riverview Farms was a
family run establishment and that their participation in Smyrna's market was significant.
Councilman Newcomb recognized Ken Suddreth, who presented statistics for the month of July. He
shared that numbers for July were down and the Councilman requested clarification on what numbers
he was referencing with Mr. Suddreth elaborating. He stated that July numbers had been anticipated
to be lower due to summer vacations and Councilman Newcomb thanked all for their congratulations
and commented on his educational experience.
Mayor Bacon acknowledged Councilwoman Pritchett, who asked Susan Hiott to present a report
from the Clerk's office and Ms. Hiott gave statistics for the month of July. Ms. Hiott provided
qualifying dates, times and locations. She also stated qualifying fees and gave details for voter
registration and early voting, sharing that additional information would be made available as
elections approached.
August 15, 2011 7
Councilwoman Pritchett thanked all for their patience with the construction on Campbell Road and
congratulated Councilman Newcomb.
Mayor Bacon asked for additional reports and none were given.
10. SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
11. CITIZEN INPUT
Mayor Bacon recognized Alex Backry, residing at 3459 Shawnee Trail, who commented on the
Mayor's statement that his only regret was not having greater citizen involvement. He asserted that
Council had voted the previous year to black out citizen input. Mr. Backry stated that there had been
only one town hall meeting in 20 years, being 2 and a half years prior with only 30 minutes allowed.
He encouraged Council to host another and send out notification mailers to all citizens. Mr. Backry
shared the town hall practices of other County politicians and his opinion that Council should make
Smyrna citizens aware of those meetings as well as hold meetings more frequently, commenting on
low voter turnout.
Mayor Bacon acknowledged Judy Ussing, residing at 1005 Mill Pond Dr., who read aloud the
members of the Smyrna Downtown Development Authority and inquired about the meeting schedule
for that group. She inquired about how the Council's voting process for DDA items was conducted
and commented on the bond debt of the City. She mentioned that property taxes had not been raised
but claimed City services had been impacted. Ms. Ussing alleged derogatory statements had been
made about her by a member of the DDA and that an acquaintance of hers had physically approached
that party. She thanked Councilmen Wood, Smith and Newcomb for always being respectful to her.
Mayor Bacon recognized Donna Woodham, of 2616 Hughes Street, who questioned the cost and
validity of bringing the King James program to Smyrna. She commended the library and
recommended other programs that she thought should be considered. Ms. Woodham asked why the
Mayor and Council had not recommended establishing Georgia Highlands College in the Jonquil or
Belmont Hills shopping centers. Ms. Woodham reminded all that she was running for Mayor and
encouraged all present to vote for her.
Mayor Bacon introduced Bud McCullough of 2518 N. Matthew Street, who inquired why the Five
Points area of the City had not been included in the proposed Urban Redevelopment Plan. He praised
the efforts of Councilwoman Anulewicz and stressed his opinion that the opportunity zone should
have been larger. He then mentioned a Halloween competition program hosted in other cities and
recommended a similar event for Smyrna. Councilwoman Anulewicz acknowledged an email she had
received from Mr. McCullough but had not yet been able to respond to as she had just returned from
vacation.
Mary Kirkendoll, residing at 1078 Oakview, addressed comments made by Mr. Sean Murphy on the
Patch. She brought up the opening of the Macland Rd. Connector and traffic throughout the City,
suggesting that turn lanes be expanded and that Smyrna police be utilized as traffic officers to
alleviate congestion. She shared that she cuts through Forest Hills due to traffic on Atlanta Rd. and
highlighted several areas she saw as problem spots. Ms. Kirkendoll mentioned SPLOST agreements
Aueust 15, 2011
involving Croy engineering and asked that financial information related to contractors be placed on
the City website.
Mayor Bacon stated that public comment was standing policy and that it had never been blacked out,
or been voted on to be blacked out, sharing that the comments portion of the meeting was not a
question and answer session but rather an opportunity for people to speak. He stated that had been the
same for many years. He recommended that for those with specific issues that they meet with the
City Administrator, Mayor or Council members individually, stressing that public comment was not a
forum for discussion due to time constraints.
With no further bus' e , the meeting was adjourned at 8:57 o'clock p.m.
A. MAX BACON, MAYOR
MELLENY PRITCHETT, WARD 1
/ � ()/ .
ERI ANULEWICZ, W 3
SUSAN D. HIOTT, CITY CLERK
e
RON NEWCOMB, WARD 2
MjV*X o-y1JJ6---,
MIC EL MCNABB, A—RD
�!44'3r/ ef-jc-v�
CHARLES PETE WOOD, WARD 7
KA,
ORDINANCE NO. 2011-14
, .. AN ORDINANCE BY THE CITY OF SMYRNA,GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA,
THAT SECTIONS REQUIRING ELECTRONIC RECORDS, OF ARTICLE III, CHAPTER 22,
PAWNBROKERS BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Sections mandating use of electronic records within Article III, Chapter 22 of Pawnbrokers of
the Code of Ordinances of the City of Smyrna, Georgia, be suspended until September 15, 2011.
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.
Approved by Mayor and Council this 15th day of August,20
Attest: A. Max Bacon, Mayor
j _.
Susan D. Hott, City Clerk
City of Smyrna
Approved a to form:
cott A. Cochran, City Attorney
City of Smyrna
AUTHORIZING RESOLUTION—R2011-06
WHEREAS, in furtherance of the purposes for which it was created, the Downtown
Smyrna Development Authority (the "Issuer") proposes to issue not to exceed $2,030,000 in
original principal amount of its Leasehold Mortgage Revenue Bond (City of Smyrna Higher
Education Project), Series 2011 (the "Bond"), in order to finance the costs of acquiring,
constructing, and installing tenant improvements (the "Project") to a single story building
containing approximately 44,858 square feet of gross usable area and having an address of 2144
South Cobb Drive, S.E., Smyrna, Georgia (the "Facilities"), to be leased by the Issuer, as lessee,
from BRIH Cobb Center Partners II, LLC (the "Owner"), a Georgia limited liability company, as
lessor, for a term ending on December 31, 2021, pursuant to a Master Lease Agreement (the
"Lease"), to be dated the date of its execution and delivery; and
WHEREAS, Article IX, Section III, Paragraph I(a) of the Constitution of the State of
Georgia of 1983 authorizes the City of Smyrna (the "City") to contract for any period not
exceeding fifty years with any public corporation or public authority and with the State of
Georgia or any institution, department, or other agency thereof for joint services, for the
provision of services, or for the joint or separate use of facilities or equipment, if such contracts
deal with activities, services, or facilities which the contracting parties are authorized by law to
undertake or provide; and
WHEREAS, Section 36-34-3 of the Official Code of Georgia Annotated authorizes the
mow City to acquire, construct, lease, own, operate, and improve buildings for educational purposes;
and
WHEREAS, Section 36-34-2(5) of the Official Code of Georgia Annotated authorizes
the City to contract with any state department or agency for the joint use of facilities or
equipment or to perform any service or execute any project for such agency in which the City
has an interest; and
WHEREAS, the City proposes to sublease the Facilities from the Issuer pursuant to a
Sublease Agreement (the "Sublease"), to be dated the date of its execution and delivery, under
the terms of which the City will agree to make lease payments to the Issuer in amounts sufficient
to enable the Issuer to pay the principal of, premium, if any, and interest on the Bond when due
and to pay to the Owner the lease payments payable under the Lease when due, which payment
obligations of the City shall be conditioned upon the receipt by the City in full of rent due from
the Board of Regents of the University System of Georgia under the hereinafter defined Rental
Agreement, as and when such rent is payable; and
WHEREAS, the Issuer will sell the Bond to RBC Bank (USA) (the "Bond Buyer")
pursuant to a Bond Purchase Agreement, to be dated the date of its execution and delivery,
between the Issuer and the Bond Buyer; and
WHEREAS, pursuant to the terms of an Assignment and Security Agreement, to be
dated the date of its execution and delivery, between the Issuer and the Bond Buyer, the Issuer
will pledge a portion of the amounts received from the City under the Sublease as security for
payment of the Bond; and
ATLANTA:5322689.2
WHEREAS, the City proposes to sub-sublease the Facilities, as improved by the Project,
to the Board of Regents of the University System of Georgia, an agency of the State of Georgia, •..
for the use and benefit of Georgia Highlands College, a unit of the University System of Georgia,
pursuant to an Intergovernmental Rental Agreement (the "Rental Agreement"), to be dated the
date of its execution and delivery; and
WHEREAS, after careful study and investigation, the City desires to enter into the
Sublease and the Rental Agreement (collectively the"Contracts");
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Smyrna as follows:
1. The forms, terms, and conditions and the execution, delivery, and performance of the
Contracts, which have been filed with the City, are hereby approved and authorized. The
Contracts shall be in substantially the forms submitted to the Mayor and Council of the City with
such changes, corrections, deletions, insertions, variations, additions, or omissions as may be
approved by the Mayor or Mayor Pro Tern. of the City, whose approval thereof shall be
conclusively evidenced by the execution of the Contracts.
2. The Mayor or Mayor Pro Tem. of the City is hereby authorized and directed to
execute on behalf of the City the Contracts, and the City Clerk of the City is hereby authorized
and directed to affix thereto and attest the seal of the City, upon proper execution and delivery by
the other parties thereto, provided, that in no event shall any such attestation or affixation of the
seal of the City be required as a prerequisite to the effectiveness thereof, and the Mayor or Mayor -• R
Pro Tern. and City Clerk of the City are authorized and directed to deliver the Contracts on
behalf of the City to the other parties thereto, and to execute and deliver all such other
instruments, contracts, documents, affidavits, or certificates and to do and perform all such
things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the
Bond and the carrying out of the transactions authorized by this Resolution or contemplated by
the instruments and documents referred to in this Resolution.
3. This Resolution and the Contracts, as approved by this Resolution, which are hereby
incorporated in this Resolution by this reference thereto, shall be placed on file at the office of
the City and made available for public inspection by any interested party immediately following
the passage and approval of this Resolution.
MOM
-2-
ATLANTA:5322689.2
PASSED, ADOPTED, SIGNED, APPROVED, and EFFECTIVE this 15th day of
August 2011.
CITY OF SMYRNA
(SEAL)
Mayor
Attest:
'ty Clerk
owes
-3-
ATLANTA:5322689.2
mnirommilmmiimennissomor
-- CITY CLERK'S CERTIFICATE
I, SUSAN D. HIOTT, the duly appointed, qualified, and acting City Clerk of the City of
Smyrna (the "City"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter
constitute a true and correct copy of a resolution adopted on August 15, 2011 by the Mayor and
Council of the City in a meeting duly called and em
as bled in accordance with applicable laws
and with the procedures of the City, by a vote of 40 Yea and / Nay, which meeting was
open to the public and at which a quorum was present and acting throughout, and that the
original of the foregoing resolution appears of public record in the Minute Book of the City,
which is in my custody and control.
GIVEN under my hand and the seal of the City, this 15th day of August 2011.
(SEAL) ?4Z42a47 i. Vi.e-6* —
City Cle , City of Smyrna
Susan rk Hiott, City Clerk
. _
•
ATLANTA 5322689.2
.AIM/