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February 19, 2001 Council Meeting F~l::lDJary 19. 2001 The r~gularscheduledme~tingofMayor and Council was held at Smyrna City HalL The meeting was called to orderhypresiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. AU council members were Present. Also present was City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edg::ir,PubIicWorks Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Fark;sand Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, HUJ:'Il<lIllteSQurces Director Chris Corey, City Engineer Ken Hildebrandt, Community Developmentpir~ct9r Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation wasgivenpypr.liteven Kimmel of First Baptist Church of Smyrna. Boy Scout Rich McElwain led the pledge to the flag. CITIZENS INPUT: Mayor Bacon asked Cou.llcilmanHawkins to read a proclamation in honor of Arbor Day. The proclamation was read and presented to Ms. Kirk. Mayor Bacon congratulated Ms. Kirk, Mr. Adams and the Keep Smyrna Beautiful volunteers for winning 1st place in both the waste minimization award category and the KAB Systems Category at the Keep Georgia Beautiful Awards. MayorBac9nrecognized)~r.Corey who presented Ms. Desiree Causey with the City of Smyrna STAR Employe:epf the Month award. Ms. Causey expressed appreciation to the Detective Division and the City of Smyrna. Councilman Hawkins thanked Ms. Causey for her hard work and dedication. Mayor Bacon recogniz~(:F1v1s.Margie Rose who thanked Officer Derringer Long for his assistance and commended the Smyrna Police Department. Mayor Bacon recognized Mr. Marvin Bennett who declared his candidacy for Ward 1. PUBLIC HEARINGS: (A) Variance Request of Regular Sign Ordinance-Cumberland Community Church- spring Road and Sports Avenue-Allow Off-Premise Free Standing Sign. Mayor~acAtlstatedthat items Atlfr9ngh E have been tabledfromfueFebruary 5, 200 I , Council Meeting and stated thatitemsAthrough E are public hearings. ... Mayor Bacon asked for public comment. Mr. Cochran administered the oath to those wishing to speak. Councilwoman Capiloutor~~ognizedPastor Grant, Cumberland Community Church, who stated that the church would agree to move the sign further from Spring Road by ten feet, and Councilwoman Capilouto stated that moving the sign 10 feet farther from Spring Road would be a good compromise.Past9rGrant stated that the proposed sign is 11 '9"xl1' 1" and that the church will agree to maintaiuandlandscape the median. Mayor 13a<:;On iutroducedM-r..FauLMerchland, Folks Restaurant Manager, who stated that he is not opposed to a sign, but wauts to verify that the sign does not block his restaurant's visibility. Councilwoman Capiloutomadeiamotion to approve the variance request of the regular sign ordinanceQf CumberlandC;ommunityChurch to allow an off-prenlise free standing sign at Spring Road and Sports Avenue. Councilman Hawkins seconded the motion. Cou.nGilmanLncnicl$:a<statedtha.theopposes this motion because this variance approval will set a ctaugerous preCedent. C;ouncilman Lnenicka stated that he believes that citizens of Smyrna want tasteful signage and that hewollldlike to see Folks, Burger King and Cumberland Community Church work togethetfor signage. Mayor Bacon stated that he believes this sign is a tasteful sign and that this request is due to a true hardship. Mayor Bacon stated that in the past the Council has varied from the overlay district requirements because of hardships and that this is a unique situation. February 19,2001 2 Councilman Hawkins stated that the first variance request since the adoption of the new South Atlanta Road Overlay District was for a church two months following the adoption of the overlay requirements and that if a precedent had been set it would have been at that time. Councilman Hawkins stated that this is a significant variance and that the Church bought this property with the understanding that a large sign had been previously approved on Spring Road. Motion was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. (B) Variance Request of Regular Sign Ordinance-Cumberland Community Church- Sports Avenue & Spring Road-Allow Free Standing Sign in Median. Councilwoman Capilouto made a motion to approve the variance request of the regular sign ordinance by Cumberland Community Church to allow a free standing sign in the median at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilman Lnenicka opposed. (C) Variance Request of Regular Sign Ordinance-Cumberland Community Church- Sports Avenue and Spring Road-Allow Sign on Public Right of Way (Median). Councilwoman Capilouto made a motion to approve the variance request of the regular sign ordinance by Cumberland Community Church to allow a sign on a public right of way at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilman Lnenicka opposed. (D) Variance Request of Corridor Design Standard-Cumberland Community Church- Sports Avenue and Spring Road-Allow Free Standing Sign on Public Right of Way. Councilwoman Capilouto made a motion to approve the variance request of the Corridor Design Standard to allow Cumberland Community Church to have a free standing sign on the public right of way at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. (E) Variance Request of Corridor Design Standard-Cumberland Comnlunity Church- Sports Avenue and Spring Road--Allow Oversize Monument Sign Over 8 feet tall and 132 square feet. Councilwonlan Capilouto made a motion to approve the variance request of the Corridor Design Standard by Cumberland Commu.nity Church to allow an oversize monument sign that is 11.98 feet by 11.06 feet and 132.5 square feet at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Councilman Newcomb made a motion to amend the motion to change the height of the sign to 8 feet and to change the total square footage of the proposed sign to 58 square feet. Councilman Lnenicka seconded the motion to amend. Motion to amend was defeated 5-2with Councilwoman Capilouto, Councilman Scoggins, Councilman Hawkins, Councilman Cramer and Councilman Wood opposed. Motion to approve the variance request as originally stated was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. **City Attorney Cochran is to prepare an agreement between Cumberland Community Church and City of Smyrna relinquishing all previously issued variances for signage at this location. (F) Variance Request-610 Chimney Oaks Court-Reduce Rear building Line from 30 feet to 20 feet. Mr. Smith stated that the applicant is requesting this variance in order to reduce the rear building line from 30 feet to 20 feet in order to build a particular style home on the lot. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. February 19,2001 3 Councilman Wood introduced Mr. Langwell of O'Dwyer and Associates who stated that if this variance is approved the house could face the cul-de-sac. Councilman Wood stated that the request does not affect any existing homeowner and made a motion to approve the variance request of610Chim.ney Oaks COUJ:.tto reduce the rear building line from 30 feet to 20 feet. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Privileged License Request-Taxi Nacional-2135 South Cobb Drive-Taxi Service. Mr. Smith stated that the applicant, Otura and Julie Huijon, are requesting to be made the registered agents for Taxi Nacional and that they have received copies of the Vehic1e for Hire Ordinance. Mr. Smith stated that results of the investigation by the Smyrna Police Department reveal information that would preclude issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer aske4iM-s.fJuijon to describe the taxi service and Ms. Huijon stated that the company would offer24 hour English and Spanish speaking taxi service. Ms. Huijon stated that the company is acrossthe:stree:t from Cobb Center. Councilman Cramer stated that there are sOme qtle:stionahle items in the police report and encouraged Mr. and Mrs. Huijon to speak with the City's Busit1esspcense pepartment. Mrs.. Huijon stated that she is unaware of any legal matters. Councilmat1 qram~r made a motion to table the privileged license request of Taxi Nacional of 21:35 SOllthCQpb prive for taxi service until the March 5, 2001, Council Meeting and Councilman Newcomb seconded the motion. Motion was approved 7-0. (H) Privileged LiceIl.seRequest-Mikado, Inc. d/b/a Tol$:yo Sushi-2421 Cobb Parkway-Retail Pouring License (Liquor, Beer and Wine)-Agent Ownership Change. Mr. Smith stated that theapplicaIlt, Jung Soon Lee, is requesting to be made the registered agent for Tol$:yo Sushi and that she has been given a copy of the alcohol ordinance. Mayor Bacon stated that this is a Pllblichearing and asked for public comment. There was none. Councilwoman CapiloutQiptr.oquced Ms. Lee who stated that she has previously held a license to sell alGohol in Gainesyille., GA. Councilwoman Capilouto asked Ms. Lee if she was given a book regarding alcohol sales by the business license department and Ms. Lee stated yes. Ms. Lee stated that she has a training program regarding alcohol sales and that her servers are aware that they need to register with the City of Smyrna Police Department. Councilwoman Capiloutolll'geqiMs. Lee toilskalll'atrons for identification and made a motion to approve the privileged license request .of Mikado, Inc d/b/a Tokyo Sushi at 2421 Cobb Parkway for a retail- pouringlicenseof1iquor, beer and wine with the agent as Ms. Jung Soon Lee. Councilman Newcomb seconded the motion. Motion was approved 7-0. FQRMAL BUSINESS: (A) Resolution AutIlQrizingthe City of Smyrna Annual Appropriation of all Amounts Required to Participate in the Pooled Lease Program Sponsored by the Georgia Municipal Association. Mr. Smith stated that tIle City of Smyrna has participated in this Pooled Lease Program since 1990 and that this resolution is an annual renewal requirement. Councilman Hawkinsstate:dthatth.is. is a financing mechanism that allows the City of Smyrna to make purchasesthrollghGMAby making lease payments to GMA. Councilman Hawkins made amotion to authorizethe:<Mayor to sign the resolution authorizing the City of Smyrna to participate in the pooled lease program sponsored by the Georgia Municipal Association and Councilman Sc'oggins seconded the motion. Motion was approved 7-0. (B) Appointment to Planning and Zoning Board-Ward 7. Councilman Wood made a motion to appoint Mr. Earl Rice to the planning and zoning board for Ward 7 and Councilman Cramer seconded the motion. Motion was approved 7-0. February 19, 2001 4 (C) Appointment to Parks and Recreation Commission-Ward 4. Councilman Hawkins made a motion to appoint Ms. Karen Kirk to the Parks and Recreation Commission for Ward 4 and Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Validate Petition to Annex Property, Church Road at Old Concord Road, LL 341, 17th District, 2nd Section, Cobb County, GA. Legal Description Mr. Smith stated that Ms. Carol Lucille Cobb Jordan has submitted an application for annexation and if approved the 1.365 acres will be in Ward 5. An that tract or parcel ofland lying and being in Land Lot 341 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as fonows: Beginning at an iron pin on the northwesterly side of the right of way of Church Road, which iron pin is located 147.29 feet~a~terly from the intersection of the northerly side of the right of way of Church Road and the nQrtheasterly side of the right of way of Old Concord Road, as measured along the northerly side of the right of way of church Road; running thence north 16 degrees 05 minutes 27 seconds west a distance of 262.91 feet to an iron pin on the north line of Land Lot 341; running thence north 87 degrees 52 minutes 26 seconds east along the north line of Land Lot 341 a distance of 291.60 feet to an iron pin; running thence south 20 q.egrees 15 minutes 58 seconds east a distance of 161.66 feet to an iron pin on the northwesterly direction along the northwesterly side of the right of way of Church Road a distance of297.82 feet to an iron pin at the point of beginning and being a tract ofland containing 1.454 acres as shown on plat of survey made by C. C. Davis, Jr., Surveyor, dated October 30, 1974. Councilman Cramer made a motion to validate the petition to almex the property at Church Road and Old Concord Road, Land Lot 341, 17'h District, 2nd Section, Cobb County, GA with a public hearing date of March 19, 2001, and Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Donato's Pizza-1760 East West Connector-New 2,565-Foot Restaurant. Mr. Smith stated that S. A. Kennedy, Inc. is requesting this permit for the construction of a 2,565 square foot pizza restaurant. Councihnan Lnenicka made a motion to approve the commercial building permit request for Donatos Pizza at 1760 East West Connection for a new 2,565-foot restaurant, and Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Bid Award-Four New Police Motorcycles. Councilman Lnenicka stated the Public Safety Committee has reviewed the two bids and recommends the bid be awarded to the low bidder meeting specifications, Earl Small's Harley Davidson of Marietta. Councilman Lnenicka made a motion that the bid for the four new poliGe motorcycles be awarded to Earl Small's Harley Davidson of Marietta, low bidder meeting specifications, for a total cost of $26,512 less trade in. Councilman Wood seconded the motion. Motion was approved 7-0. S::ONS.ENT AGENDA: (A) Approval of February 5, 2001, Minutes. (B) Approval to Use Council Chan1.bers for Ward 6 Creatwood at Vinings Neighborhood Meeting on Sunday, February 25, 2001, from 6:00 p.m. to 10:00 p.m. February 19, 2001 5 (C) Approval to Use Council Chambers for Ward 6 Residents of Ridge Road and Glenhurst Drive Neighborhood Meeting on Thursday, February 22, 2001 from 7:30 p.m. to 10:00 p.m. (D) Approval Qf No Parl$:ingSigns on San Fernando Drive. (E) Request to Purchase a new Vehicle for Community Development Director on State Contract. (F) Request to Purchase Replacement Vehicle for Fire Department Training Division on State Contract. (G) Request Contingency Account Funds to Purchase Ballfield Netting at Ward Park. (H) Approval to Request Bids for Traffic Signal at the Intersection of Village Parkway and Turpin Road. (1) Approval.to Requesfbi(:is for Street Resurfacing. (J) Approval to Use C;op.tra<:;t Unit Pricing for Water Main Extension on Concord Road. (K) Approval to useqop.tract Unit Pricing for Water Main Extension on Dunton Street. (L) Approval to Request~ids for Replacement Vac Con Truck. (M)Request to Reject an Bids for Bid #2000-022, 2 F-150 Pick-Up Trucks. (N) Request to Purchase 2 F-150 Pick-Up Trucks on State Contract. Councilman Wood madea):fiQtiQn to approve the Consent Agenda, and Councilman Cramer seconded the motion. COUtlcilman Hawkins stated that he opposes item D on the Consent Agenda. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto state(:i that she is moving out of Ward 1 and due to additional job and family responsibilities, has. tendered her resignation effective March 31, 200 1. Councilman Newcombintroduced,Mr. Chris Miller the new director of Community Development, wh()stated he is lool$:ing forward to working in the City and presented the permit numbers for January 2001. Councilman Scoggins recogniZ;edMs. Kirk who thanked Parks Department employees, Lee Cook, Burt Turnell, AndrewrvrcKinney, Kenta Bowman, Brad Smith, Chris Terry, Jimmy Lindley, Jeff Moss and r>avid Munn for their assistance with the arboretum. Councilman Scoggins recog,J:ljzed Mr. Stokes who stated that the department has put their new equipment in serviceaIldthatthe recent annexations have been scheduled for sanitation pick up. Councilman Newcombasl<;ed Mr. Stokes for an update on the Spring Road median, and Mr. Stok~ssaidPublic Works is currently working on the landscaping and that Cobb D.O. T. will replace the dead trees. Mr. StQkes reminded citizens that this is the last month of leaf pickup. Councilman Haw~~ns req0811iz~dMs. Edgar who encouraged citizens t9 participate in the City of Smyrna's di.ree~>4ebit Payment program for water and sanitation services. Ms. Edgar stated that the budget process will begin in March. Councilmanc;ra):fierst1il.te(:itlJ:attl1ere is some exciting, new developments being proposed for Ward 5 and reminded citizens to. contribute to the Veterans Memorial Park. Councilman Lnenicka reminded citizens of the upcoming neighborhood meetings. Councilman Wood recognized Ms. Bennett who announced that the next study circle meeting will beheld on Thursday, February 22M and that the schedule of events will be mailed in the March water bills. Councilman Wood recognized Mr. Seigler who presented the library statistics for January and stated that Sill Dorfman and Richard Kimble will be presenting programs in March. Mr. Seigler stated that volunteers are assisting citizens with their taxes on Wednesdays. Councilman Wood recogJ1ized Mr. Ciaccio who stated that the Campbell High School Alumni Association will hold a pancake breakfast and alumni baseball game on March 17tl1 at the school. Mr. Smith stated that the new trees planted at Chuck Camp Park look wonderful and commended Lee Cook and his staff for his assistance with the improvements at Ward Park and Cobb Park. Mr. Ciaccio thanked Mr. Bruce Taylor, CHS volunteer, for his efforts at Ward Park. February 19,2001 6 Councilman Cramer recognized Mr. Corey who welcomed Mr. Miller to the City of Smyrna and announced the current open positions. Mr. Corey urged enlployees to attend the free heart clinic at Emory Adventist on Thursday, February 22nd. Councilman Lnenicka recognized Chief Williams who presented the annual report for the Smyrna Fire Department and stated that the fire department has began a program that focuses on educating senior citizens about fire safety. Chief Williams reminded citizens that outside burning is not allowed in the City of Smyrna. Councilman Lnenicka commended Chief Williams on the decrease in response time. Councilman Lnenicka recognized Chief Hook who stated that there are now five new Smyrna Police Department recruits in training school and that there is one experienced officer transferring to the Smyrna Police Department. Chief Hook alillounced the recent promotions in the Smyrna Police Department and the crime statistics for the year 2000. Councilman Hawkins asked if OUI education and penalties are causing the amount of ticketed OUIs to decrease, and Chief Hook said yes. Mayor Bacon stated that the City will hold the election for the Ward 1 Councilperson on June 19, 2001 because this is the first date for elections authorized by the State of Georgia. Mayor Bacon recognized Mr. Floyd Millis who asked that senior citizens be notified about the City's senior homestead exemption. ADJOURNMENT . the meeting adjourned at 9:49 p.m. A. MAX BACON, MAYOR ~c~- CANDIS JOINE ,CITY CLERK ) ~ha~ C'_~JD vJ:;; CHARLENE CAPILOUTO:WARD 1 RON NEWCOMB, W ARO 2 ~~~~- WARD 5 CLERK'S CERTIFICATE The undersigned Clerk of the City of Smyrna, DOES HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the issuance of Certificates of Participation in the Georgia Municipal Association Pool in the aggregate principal amount of titute a true and correct copy of the Resolution adopted on he City Council on behalf of Lessee in a meeting duly called and led, which was open to the public, and that the original of said Resolution appears of record in the Minute Book of the Lessee which is in the undersigned's custody and controL WITNESS my hand and the official seal of the Lessee, this is- day of H h ru. al'~ [City Seal] RESOLUTION A RESOLUTION OF THE CITY OF SMYRN~HE "LESSEE"), AUTHORIZING, INTER ALIA, THE ANNUAL APPROPRIATION OF ALL AMOUNTS REQUIRED PURSUANT TO LESSEE'S PARTICIPATION IN THE POOLED LEASE PROGRAM SPONSORED BY GEORGIA MUNICIPAL ASSOCIATION. DATED: J WHEREAS, Lessee is participating in the Georgia Municipal Association, Inc. ("GMA") sponsored pooled lease program (the "Program") for the acquisition of equipment to be used by participating political subdivisions of the State of Georgia (the "Equipment"); and WHEREAS, pursuant to the Program, Lessee entered into (i) a Lease Agreement Dated as of December I, 1990 by and between GMA and Lessee (the '''Lease'') pursuant to . which nt to the Lessee and (it) an Administration and Servicing Ag r I, 1990 (the "Servicing Agreement"), and subsequently amended, am.ong First Union National Bank of Georgia, Atlanta, Georgia, as .' servjcer (the' . . and each . :. .:::. .}essee'pa:rtic'i - U1"Suan the collection and transmi.ttal of payment for the Leases for GMA and transfers the moneys collected pursuant to the Servicing Agreement; and WHEREAS, certificates of participation ("Certificates") have been issued pursuant to a Trust Agreement dated as of December 1, 1990, by and between First Union National Bank of Georgia, as trustee ("Trustee"), and GMA evidencing undivided interests in the Lease payments; and WHEREAS, in connection with the issuance of the Certificates and the creation of Issuer ) Issueo us Hnanclal guardnty Insurance POlICY (. tne rOHCY J ana enlereo InlO tne Reimbursement and Indemnity Agreement by and between the Credit Facility Issuer, The Trustee, the Servicer and GMA (the "Credit Facility Reimbursement Agreement"); (ii) Wachovia Bank ("Bank"), has agreed to purchase Certificates tendered pursuant to tender rights under the Trust Agreement in accordance with the terms of a Standby Purchase Agreement dated as of December 1, 1990, and subsequently amended, by and among the Trust, GMA, the Bank, the Servicer and the Tender Agent (the "Standby Purchase Agreement"); (Hi) Chemical Bank serves as tender agent (the "Tender Agent") pursuant to a tender agent agreement dated as of December 1, 1990, and subsequently aITlended, by and among the GMA, the Trust, the Servicer, and the Tender Agent (the "Tender Agent Agreement"); (iv) BT Securities Corporation and at such time as specified in the Trust Agreement, Chemical Securities Inc., will serve as remarketing agents (referred to collectively hereafter as the "Remarketing Agent"),..pursuant to a remarketing agreement . dated as of December I, 1990 by and among the Remarketing Agent, the GMA' the Tender Agent, the Trustee and the Servicer (the "Remarketing Agreement"); and WHEREAS, pursuant to the Lease Agreement, Lessee is required to appropriate annually the Minimum Annual Appropriated Amount set forth on Schedule A hercof~ WHEREAS, in order to give effect to, and comply with., the foregoing agreements and instruments, and in order to authorize payment of its obligations incurred thereunder (collectively, the "Program Obligations"), either (i) the Lessee has available to satisfy Program Obligations uncommitted and unappropriated funds in this current operating budget in an amount not less than the Minimum Annual Appropriated Amount as set forth in Schedule A or (ii) the Lessee must amend its current operating budget in accordance with Title 36, Chapter 36-81-5 of the Official Code of Georgia Annotated (the "Code") to authorize the payment of the Program Obligations; and WHEREAS, if required, in order to amend its current operating budget, the Mayor and Council of Lessee have heretofore taken the following actions, all in accordance with Title 36, Chapter 81 of the Code; (i) through the Lessee's budget officer, prepared a proposed amended budget providing for payment of Lessee's Program Obligations in accordance with the requirements of Code Section 36-81-5(b) (the '''Amended Budget", a copy of which is attached hereto as Schedule B) which was previously submitted to the Mayor and Council of the Lessee, (ii) at the time of receipt of the Amended Budget from the Lessee' . in the Less a a"riotlce In the official organ. of the Lessee advising residents of the Lessee that the Amended Budget is available for inspection; (iv) conducted a public hearing on the Amended Budget at least one week prior to the date hereof; and (v) taken all other action necessary to effect the foregoing; NOW, THEREFORE, BE IT RESOLVED, as follows; Section I. Confirmation and ance of Pro ram Obli ations. The Lessee does hereby confirm, ratify and reaffirm a the Program Obligations, including, expressly, the Lease and the Servicing Agreement. ;::,ectlon 11 j-unenurnenr 01 nuu et_ In oruer tU gIve (;;11e'-'t tU, curnpry with, and assume iated with, the foregoing approvals, and authorize the expenditure of the amounts required to be expended pursuant to the Lease Agreement and the Servicing Agreement the Lessee does hereby adopt, ratify and approve the Amended Budget attached hereto as Schedule B or commit those portions of'the current budget set forth on Schedule B to the payment of the Program Obligations and does hereby appropriate and commit moneys in an amount not less than the Minimum Annual Appropriated Amount to payment of Program Obligations for the current calendar year.. Personal Liability. No stipulation, obligation or agreement herein the Trust Agreement, the Servicing Agreement, the nder Agent Agreement, the Remarketing Agreement, or the Credit Facility Reimbursement Agreement shaH be deemed to be a stipulation, obligation or agreement of any councilman, chairman, officer, agent or employee of the Lessee in his or her individual capacity, and no such councilmember, chairman, officer, agent or employee of the Lessee shall be personally liable on the Certificates or be subject to personal liability or accountability by reason of the issuance thereof. delivery of the authorized, such documents as as executed and deliver any and to document of the officers of Resolution shall be, more of the agreements law or contrary to the policy, or shall for or provisions shall and and are, to the adoption. Resolution shall take effect immediately upon its of r:e brt-Lc<:.-rj City of Smyrna Attest: Title: ~'\cz y 0 K SCHEDULE A amount of the Georgia Amount for the year ending 11.25% $19,234.02 $ 2,163.83 $21,397.85 Total ~ B BUDGET Lessee) sufficient amounts or Amended Budget.