02-04-2013 February 4, 2013 Mayor and Council MinutesCity of Smyrna
2800 King Street
Smyrna, Georgia 30080
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Meeting Minutes - Final
Monday, February 4, 2013
7:30 PM
Council Chambers
City Council
City Council Meeting Minutes-Final February 4,2013
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Call to Order
1. Invocation and Pledge:
The Mayor called on Lee Delbridge,who delivered the invocation and led all in
the pledge.
2. Agenda Changes:
The Mayor stated that the Girl Scout troop was not available that evening and
that the Proclamation in honor of Cookie Day would be presented at the
meeting on February 18th.
3. Mayoral Report:
Proclamation in Recognition of Black History Month
Sponsors: Blustein
The Mayor recognized Betty Williams and Councilwoman Anulewicz called on
Ms.Castleberry to come forward and receive the Proclamation in honor of
Black History Month.Mayor Bacon referenced the movie Lincoln and its focus
on the 13th amendment.He noted that Councilwoman Blustein was absent V10101
with a burst eardrum.Councilwoman Anulewicz mentioned several Black
History Month events around the city including programs at Campbell Middle
School,the Smyrna Library and an appearance scheduled for the next Council
meeting by The Spiritual Aires,a performance group based in the City.She
read aloud and presented the documents and the residents expressed their
gratitude and commitment to being involved in the community.
Proclamation in Recognition of Girl Scout Cookie Day
Sponsors: Wilkinson
Tabled to Feb. 18, 2013
This Proclamation was tabled.
Swearing in of the Chief of Police, David Lee
Sponsors: Fennel
The Mayor announced that Police Chief David Lee would be sworn in and
called on Judge Curtis to perform the ceremony.Chief Lee was joined on the
podium by various members of his family and friends.The Mayor welcomed
him to the City and thanked the Public Safety Committee that conducted the
search.Chief Flynn from Marietta commended the selection of Chief Lee and
expressed his hope for continued positive relations beween the two cities.
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City Council Meeting Minutes-Final February 4,2013
4. Land Issues/Zonings/Annexations:
The Mayor stated that there were none.
5. Privilege Licenses:
The Mayor stated that there were none.
6. Formal business:
Public Hearing - Charter Amendment- Ordinance#2012-23
Amending Section 6 (c) - Redistricting Plan of the Seven Wards of the
City of Smyrna. Second and Final Public Hearing.
Ron Fennel was called to speak
Mr.Taylor explained that the City was revising the districts to comply with
Federal law regarding balanced allocation of voters. He noted this was based
on 2010 census results and that the proposed map would be effective in 2015.
Since it would be a change to the Charter,two public hearings were required
prior to adoption.Mr.Taylor shared that the first had been conducted at the
previous Council meeting and stated that staff recommended approval.The
map was displayed and Mayor Bacon made known the various outlets where
citizens could view the document.
Mayor Bacon called for public comment and confirmed with the City Attorney
that the map would go into effect for the next election.He commented on the
substantial changes in Wards 3,4 and 7.Linda Meggers stated that the plan
met all the legal requirements and responded as best possible to the needs of
the neighborhoods.Ms.Meggers recommended the plan go forward and Mayor
Bacon thanked her for her assistance.Councilman Fennel expressed his
gratitude to Ms.Meggers and reminded all that the map did not take effect until
2015.He stated that he would have a copy on display at his upcoming town
hall.
A motion was made by Councilmember Fennel,seconded by Councilmember
Welch,that this Ordinance be approved.The motion carried by the following
vote:
Aye: 6- Councilmember Pritchett, Councilmember Anulewicz, Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
rim
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City Council Meeting Minutes-Final February 4,2013
Adopt a Resolution Approving the Issuance of the Hospital Authority of
the City of Smyrna Revenue Anticipation Certificates (Ridgeview
Institute, Inc. Project)
Sponsors: Anulewicz
Robert Fink was called to speak
Mr.Taylor explained that Ridgeview was seeking to refinance 1998 bonds
issued through the city's Hospital Authority.He elaborated that in order to
retain a tax exempt status the IRS code required approval from the elected
body.Mr.Taylor shared that the stipulations included a public hearing,
notification in the paper soliciting input at the public hearing and the delivery
of a report to the local governing body.He made known that there was no
financial impact to the City and stated that staff recommended approval.
Councilman Lnenicka recused himself out of an abundance of caution,leaving
the proceedings.
Mayor Bacon called on Bob Fink,founder and chairman of Ridgeview Institute,
who delivered a history of the non-profit,free standing organization.Mayor
Bacon relayed that he had recently come across two ceremonial hats from the
construction of Ridgeview that were given to his parents.He shared that the
City's role in this process had been discussed during the pre-agenda meeting
with Council able to address any questions to the City Attorney. He invited all wow
present to bring forth any further questions on this matter. None were
submitted.
A motion was made by CouncilmemberAnulewicz,seconded by
Councilmember Fennel,that this Resolution be approved.The motion carried
by the following vote:
Aye: 5- Councilmember Pritchett, CouncilmemberAnulewicz, Councilmember
Welch,Councilmember Wilkinson and Councilmember Fennel
7. Commercial Building Permits:
The Mayor stated that there were none.
Councilman Lnenicka returned.
8. Consent Agenda:
Mr.Taylor read aloud the consent agenda.
Approval of January 22, 2013 Mayor and Council Meeting Minutes
This Minutes was approved.
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City Council Meeting Minutes-Final February 4,2013
Approval to use Council Chambers on February 6, 2013 from 6:45 -
9:00 pm for Williams Park Neighborhood HOA Meeting
Sponsors: Anulewicz
This Authorization was approved.
Approval of Atkins Park 2013 St. Patrick's Day Celebration in the
Market Village on Saturday, March 16, 2013 from 1:00 p.m. - 10:45
p.m. and Sunday, March 17th from 1:00 p.m. - 8:00 p.m.
Sponsors: Anulewicz
This Authorization was approved.
Approval of 10K road race to be held November 16, 2013.
Sponsors: Anulewicz
A motion was made by Councilmember Welch to approve the Consent Agenda
as presented.The motion was seconded by Councilmember Fennel,that this
Authorization be approved.The motion carried by the following vote:
Aye: 6- Councilmember Pritchett, Councilmember Anulewicz,Councilmember
Welch, Councilmember Wilkinson, Councilmember Lnenicka and
Councilmember Fennel
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City Council Meeting Minutes-Final February 4,2013
9. Committee Reports:
The Mayor recognized Deputy Chief Mike Brown and expressed his gratitude to
him for his work as Interim and his service as Deputy Chief.
Councilwoman Blustein was absent due to health reasons.
Councilwoman Anulewicz advised that at the meeting on February 18,2013
there would be a special presentation for Black History Month.She announced
that there would be a commemoration in honor of Black History Month at
Campbell Middle School.
Councilman Welch recognized Scott Stokes,who provided an update on public
works projects and Ken Suddreth,who spoke about clean up on Concord Rd.
Councilwoman Wilkinson advised all of Ward changes and announced that the
Garden Club of Oaks of Concord had an interest in establishing a
neighborhood watch program.She made known that there would be a meeting
at the Wolfe Center and shared details for the upcoming Bridal Show at
Brawner Hall.Councilwoman Wilkinson informed all present that the library
would have a children's day on Feb 23rd and an adult day program on Sunday,
Feb 24th.
Councilman Lnenicka also welcomed Chief Lee and commended Stan Hook for
a job well done. He thanked Heritage of Vinings for allowing himself and '"" `
Councilman Welch to host their HOA meeting.He acknowledged the Forrest
Hills neighborhood watch meeting which he co-hosted.He also thanked Linda
Meggers for her assistance with the redistricting.
Councilman Fennel advised the that the fire department would conduct
updated tornado drills,changing the siren drill times held weekly.He
mentioned the neighborhood watch programs and acknowledged those
involved. The Councilman expressed his gratitude to the city's motorcycle
officers and announced that he would be hosting a joint town hall meeting for
Wards 6&7 to discuss a tract of land for which the developers were seeking to
change the proposed development plans. He advised all that the redistricting
map would be available for inspection at that meeting and provided his contact
information.
10. Show Cause Hearings:
The Mayor stated that there were none.
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City Council Meeting Minutes-Final February 4,2013
11. Citizen Input:
Alex Backry was called to speak Sebastian Jackson was called to speak
Alex Backry of 3459 Shawnee Trail stated his opposition to the increase in the
water and utilities bill.
Mary Kirkendoll of 1078 Oakview remarked on the transparency of city
meetings,opining that they should be hosted in a more easily accessible
forum.She offered examples from other cities.
Sebastian Jackson,residing at 3111 Far Emerald Ln.,introduced himself as a
candidate for the Assistant Parks and Recreation Director and provided his
qualifications.
Mayor Bacon advised all of a smartphone application available to track storms
and receive notifications.
12. Adjournment:
The Mayor adjourned the meeting at 8:35.
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TatP!'":61;1144,0TV 'Ii MAYOR AND COUNCIL MEETING'
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A. MAX BACON, MAYOR SAMANTHA KASRAIE, INTERIM CITY CLERK
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4 E ENY 'RITCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2
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TERI ANULEWIC
Z,I ARD 3 CHARLES A.WELCH, WARD 4
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SUSAN WILKINSON, WARD 5 WADE . LNEN KA, ARD 6
R►. FENNEL, WARD 7
SMYRNA POLICE DEPARTMENT
OATH OF OFFICE
I. David Lee, do solemnly swear that I will support the Constitution of the United States and the
Constitution of the State of Georgia and thal. I will faithfully discharge the duties of the office of
Smyrna Chief of Police to the best of my ability. I further do solemnly swear that I will bear true
faith and allegiance to the City of Smyrna; that I will serve it faithfully against all its enemies
whosoever. I swear that I am not the holder of any unaccounted for public money due this state
or any political subdivision or authority thereof. I do further swear that I am not the holder of
any office of trust under the government of the United States, any other State, or any foreign
State, which I am, by the laws of the State of Georgia,prohibited from holding. I swear that I am
otherwise qualified to hold said office according to the Constitution and laws of Georgia, and in
all my actions as Chief of Police will act as I believe for the best interests of the City of Smyrna,
so help me God.
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Officer's Name ness J� /, ,1/` LL
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Officer's Signature '
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,ay��°�:":f�;%y MA'Y JANE LEWIS
„*:•NOS,,,,.; Notary Public
'ottc '� Cobb County
oraia
4440. My Commission Epires
Se•tember 24, 20116
WHEREAS, the Notice of Public Hearing was published on December 21, 2012, in the
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Marietta Daily Journal, a newspaper of general circulation in the City, as evidenced by the affidavit
of publication attached hereto as Exhibit A; and
WHEREAS, the Authority advises that the Public Hearing was conducted by the Authority's
duly appointed hearing officer, Scott Cochran, Esq., and no oral or written objections were raised at
the Public Hearing with respect to the proposed issuance of the Tax-Exempt Bonds or the location
and nature of the facilities to be financed with the proceeds of the Tax-Exempt Bonds, as evidenced
by the certificate attached hereto as Exhibit B; and
WHEREAS, the location of the Project is entirely within the City, and the City Council of the
City of Smyrna, Georgia (the "Council") constitutes the elected legislative body of the City and is a
proper body for granting the necessary public approval; and
WHEREAS, the Council finds and determines that it is in the public interest of the City to
grant such approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Smyrna,
Georgia as follows:
Section 1. The issuance of the Tax-Exempt Bonds by the Authority for the benefit of the
Borrower in an aggregate principal amount not to exceed $6,500,000 for the above-described
purposes, the nature and location of the Project, and the plan of financing for the Project, described
above, are hereby approved for purposes of Section 147(f) of the Code.
ORM
Section 2. Such approval by the Council does not constitute any representation by the
City to the prospective purchasers of the Tax-Exempt Bonds as to the creditworthiness of the
Borrower or the economic feasibility of the Project nor does it create, either expressly or by
implication, any obligation on the part of the City for the payment of the Tax-Exempt Bonds or debt
service thereon, such Tax-Exempt Bonds and debt service thereon being payable solely from the
sources described above.
Section 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED this `I _day of February, 2013.
"111"
By:
Mayor of the City Council of the City of Smyrna,
Georgia
ATTEST:
Interim Cerk of the City Council of the {SEAL]
City of Smyrna, Georgia
.... CLERK'S CERTIFICATE
I, the undersigned Clerk of the City Council of the City of Smyrna, Georgia (the "City")
DO HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the
approval of the issuance of Hospital Authority of the City of Smyrna, Georgia Revenue
Anticipation Certificates (Ridgeview Instihrte, Inc. Project) Series 2013, constitute a true and
correct copy of the resolution adopted on February 4, 2013, by the City Council of the City of
Smyrna, Georgia at a meeting duly called and assembled, which was open to the public and at
which a quorum was present and acting throughout, and that the original of such resolution
appears of record in the Minute Book of the City which is in my custody and control.
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GIVEN under my hand and the official seal of the City of Smyrna, Georgia, this 7
day of February, 2013.
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<..atHez e
Interim Clerk of the City Council of
the City of Smyrna, Georgia
[SEAL]
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EXHIBIT A
Publisher's Affidavit—Notice of TEFRA Hearing
MARIETTA DAILY JOURNAL
580 Fairground Street • Marietta, Georgia 30061
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA - County of Cobb CONE (tN T pR POSED
ISSUANCE OF THE
HOSPITAL AUTHORITY OF THE
CITY OF SMYRNA'GEORGIA
Before me, the undersi��tp�Ied; a Notary Public, REVENUE ANT b" CER IF1CATES
(RIDG..„. INSTIFUTE;.INC.
this day ersonall came Otis Brumb III, PR03ECT),
Y P Y Y NOTICE i3 SERIE sv°tc,Iweu that.on i
who, being duly sworn, according to law, says m i'tn� f,�$' r 2013,ra„`a' �°
wards ig90"Atlanta Road, S.€�Smyr-
na, Georgia 30080, the.Hospital Au-
that he • the Executive Vice President of � of the city isf smyma; Gaorg,a
e Authority"), through its. appointed
Times Journal, Inc., publishers of the Marietta .eFtng ° �"`` the
heating cancerrti
anoe by.the afei of its O enue,an-
8cipation:certificates be designated
Daily Journal official newspaper published in i:al Authority. city Smyr.
na, Geor Revenue AtttkriP inn z er.{
ra, Ge tdgeviev� insttute, tnc. Prof
said county and State, and that the publication. 2013° ( Bond$r and
t locatign,aoct mature'of,the cproposed
faci�es end pmpertyt hi, be financed w
refinanced. The Bonds are to be ia-
of which the annexed is a true copy, was sued in a �,a» a regale ��
amount df noI to exceed 38,500,000 too i
purpose of providing funds to(the
the i
Published in said paper
on the / Ridgesiew institute, tnc_
Borrower to.,(i?.aetinanc� ce tam m-
da S Of
de'
ebtedness Incurred by;the Borrower in
Y� ) c. 20 / , and b`nnecti n. the- a d certain
far- a of48-bed I vwraf
on the day(S) Of meat cfa Cobb located.le the known
as Rktgeview tnsti ite" e•"1998
/� 2v______ , as provided Pro,ect" (ii) finance a Porn of the
au�isitran of elattfn rear .es any'!
but ings and related facilities the and
by laW. Pr jecmte from W oddlaad Ridg e�aSenior
Living, Inc; (the "20''3 Pro•ect°'and to- !
/ gether with the 199E Project, lice i
f� iv
°osta of and (c3 offy a P and of the
�lr costs of issuance o the Bonds. The
-1998 Protect 1a located on a tract of
land with an' address of.4005 South
Cobb Drive to the r of Smyrna,
Georgia The 2013 project also is address
of on South Cobb Drive in in City of
Smyrna, Georgia. The facilities and
proper that are being financed or ref;
Subscribed and sworn to before me this nand be OTee, and by
She Borrower, a to non rotlt car-'
..oration. The facilities ano..property
that are being financed or refinanced
.wilt be located in the territorial Binds of
the City, ofi Smyrna, Georgia The pate
tic heatng is being sond ble tote purpose
, 0 / of prove m a reasortals opportunity express
iZe2
day of for interested individuals to express
thaw views, both orally and ui wnUngg,ends
the proposed lestrance of thg Honda
‘4116$////,,
and the location and nature of the pro-
posed facilities to be financed.
F n.��}ji��� The Bonds shall not constitute an in-
�♦ ,'"t,".SG1 i S tie dot sGeorgia,general;Gi g of Smyr s
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Georgia orgia or Cobb County, Georgia, but be
otar�P tE'' i gable by the Author h from
fecur paid by the,Borrower and shad o
�� S secured by collateral furnished or
qt?�y 1 _ caused to a famished by the Borrow
�g 2p er.
<� This notice is intended 10 coin
. r6 • with the
,. ♦ pubic hooka requirements of
" �L l v ♦ ,Section 147 of the infernal,Revenue
My commission expires e� �� Code of 198t , as,amended, All
ega=d parties are invited to attend aixi
,'���Qt[t c "<<��� ant comments at the public hear.
�_ 12,21
EXHIBIT B
Certificate of Public Hearing
Iwo
CERTIFICATE AS TO PUBLIC BEARING
The undersigned attorney for the Hospital Authority of the City of Smyrna, Georgia (the
"Issuer") DOES HEREBY CERTIFY AS FOLLOWS:
1 Attached hereto is an Affidavit of Publication of Notice of Public Hearing held by
the Issuer.
2. I was present and served as hearing officer at the public hearing described in the
attached notice, which hearing was held at the time and place specified therein. The attached
statement was read by me at the public hearing. All persons desiring to do so were given
reasonable opportunity to speak and, if requested, to present their opinions in writing regarding
the proposed issue of the Bonds and the location and nature of the facilities to be financed. There
were no written or oral comments received.
Dated: January 7, 2013.
ti
Scott A. Cochran, Attorney for the Hospital
Authority of the City of Smyrna, Georgia
4851-2181-6594.2
STATEMENT TO BE READ AT TEFRA HEARING
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This is a public hearing being held by the Hospital Authority of the City of Smyrna,
Georgia to comply with the provisions of the Tax Reform Act of 1986 and the Internal Revenue
Code of 1986, as amended, in connection with the proposed issuance of the Hospital Authority
of the City of Smyrna, Georgia Revenue Anticipation Certificates (Ridgeview Institute, Inc.
Project) Series 2013 (the "Bonds") in an aggregate principal amount not to exceed $6,500,000.
Notice of this hearing was published on December 21, 2012 in the Marietta Daily Journal, a
newspaper having general circulation in the City of Smyrna, Georgia.
The Bonds are to be issued in an aggregate principal amount not to exceed $6,500,000 to
(i) refinance certain indebtedness incurred by the Borrower in connection with the financing of
certain buildings, improvements and equipment for a 148—bed behavioral healthcare facility
located in the City of Smyrna, Cobb County, Georgia known as"Ridgeview Institute" (the "1998
Project"), (ii) finance a portion of the acquisition of certain real property, buildings and related
facilities and equipment located adjacent to the 1998 Project from Woodland Ridge Senior
Living, Inc. (the "2013 Project" and together with the 1998 Project, the "Project") and (iii) pay a
portion of the costs of issuance of the Bonds. The Project is located on South Cobb Drive in the
corporate limits of the City of Smyrna, Georgia. The Project is owned and operated by
Ridgeview Institute, Inc., a Georgia nonprofit corporation, which has been determined by the
Internal Revenue Service to be an exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended.
The public hearing is being held for the purpose of providing a reasonable opportunity for
interested individuals to express their views, both orally and in writing, on the proposed issuance
of the Bonds and the location and nature of the proposed facilities to be financed.
The Bonds shall not constitute an indebtedness or general obligation of the State of
Georgia, the City of Smyrna, Georgia or Cobb County, Georgia, but shall be payable by the
Authority from funds paid by the Borrower and shall be secured by collateral furnished or caused
to be furnished by the Borrower.
Does anyone wish to make any comments regarding the proposed issue of the Bonds and
the location and nature of the facilities to be financed?
4851-2181-6594.2
1
2012-23
ORDINANCE AMENDING SECTION 6 (c) OF THE SMYRNA CHARTER
WHEREAS, Pursuant to O.C.G.A. §36-35-4.1, the City of Smyrna seeks to
reapportion its election districts as a result of the 2010 census and;
WHEREAS, O.C.G.A. §36-35-4.1 (b) requires such reapportionment to be
completed by an ordinance amending the City Charter pursuant to O.C.G.A. §35-35-3,
and; i
WHEREAS,the notices attached hereto as Exhibit "A" and Exhibit`B" were
published in the Marietta Daily Journal as required by O.C.G.A. §36-35-3 and;
WHEREAS, public hearings were held on December 3`d, 2012, January 22, 2013
and February 4, 2013 which resulted in the City adopting the foregoing Ordinance.
IT IS THEREFORE ORDAINED by the City of Smyrna that Section 6c of the
Smyrna Charter is amended to read as follows:
"The Official ward boundaries are described on the official map designating
wards of the City of Smyrna subsequent to the 2010 decennial census. Any
territory within the corporate limits of Smyrna which was omitted from the map
will be placed with the district with which it is contiguous. Such map is kept on
file in the Office of the City Clerk."
First approval December 3, 2012 and final adoption this 4th day of February, 2013.
,._,Z. /
Mayor
Attest by:
A /
City Clerk(Interim)
7
,
7 __________ . _ - - --- -
Exhibit A—Ordinance 2012 - 23
NOTICE OF CITY OF SMYRNA
CHARTER AMENDMENT
The City of Smyrna gives notice that public hearings will be held to consider a Charter
Amendment relative to the redistricting plan of the seven wards with the City of Smyrna.
The Mayor and Council will hold said hearing at 7:30 p.m. at the Smyrna City Hall, 2800
King Street, Smyrna, Georgia on December 3, 2012 and December 17, 2012. Anyone
wishing to attend may do so and may be heard relative thereto and any interested party
may participate in the decision to adopt the proposed Charter Amendment. A copy of the
proposed Amendment is on file in the office of the City Clerk of Smyrna and in the office
of the Cobb County Clerk of Superior Court for the purpose of examination and
inspection by the public.
Susan D. Hiott, MMC
City Clerk
1.} Revised
Run: November 16, 23, 30
i r
Exhibit B—Ordinance 2012 - 23
NOTICE OF CITY OF SMYRNA
CHARTER AMENDMENT
The City of Smyrna gives notice that public hearings will be held to consider a Charter
Amendment relative to the redistricting plan of the seven wards with the City of Smyrna.
The Mayor and Council will hold said hearing at 7:30 p.m. at the Smyrna City Hall, 2800
King Street, Smyrna, Georgia on January 22, 2013 and February 4, 2013. Anyone
wishing to attend may do so and may be heard relative thereto and any interested party
may participate in the decision to adopt the proposed Charter Amendment. A copy of the
proposed Amendment is on file in the office of the City Clerk of Smyrna and in the office
of the Cobb County Clerk of Superior Court for the purpose of examination and
inspection by the public.
Susan D. Hiott, MMC
City Clerk
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Revised
Run: January 11, 18, 25
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OFFICE YARY OF STATE
,.,.3`, &ian /9. _Kemp, ecretar, of State o/th.e State o/
georyia, o bxerel ry certi/ that
the two pages Yf photocopied matter hereto attached, Act 114,
House Bill 548 approved by the Governor on April 30, 2013 contain
a true and correct copy of an Enrolled Act affecting your county; all
as the same appear of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
���� the seal of my office, at the Capitol, in the City of Atlanta,this
,,�4,`a 9th day of May, in the year of our Lord Two Thousand and
47-0
`` T Thirteen and of the Independence of the United
-T' States of America the Two Hundred and Thirty-Seventh.
ire .� _
.,;',,,,44-',‘ ,.f? it ,J�f" `
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w Ilristi P. Kemp, SeeretEry of State
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ENROLLMENT H.B.No. 54R Act No.
APr ' l 20 /3 General Assembly
The Committee of the House on Information and (: , t,. e
Audits has examined the within and finds the same .. : 8
properly enrolled.
' @ AN ACT
tirpi; I To amend an Act creating a new charter for the City of
Smyrna,approved August 27, 1931 (Ga.L. 1931,p.955),
Chairman as amended, particularly by an Act approved March 31,
1965 (Ga. L. 1965, p. 3023), so as to to change the
description of the wards; to provide for definitions and
inclusions;to provide for manner of election;to provide
for the continuation in office of current members; to
III
�a �� �?L a provide for the submission of this Act for preclearance
' .` :1 under Section 5 of the federal Voting Rights Act of 1965,
—� ' � as amended; to provide for related matters; to repeal
Speaker oft , ouse conflicting laws;and for other purposes./ .0'
Clerk of ti_� ouse IN HOUSE
,. Read 1"time 3-07-13
Read 2"d time 3-11-13
/esident of the .�,:e Read 3"time 3-13-13
And Passed
Secretary of the Senate/ Yeas 164 Nays 3
_. /1 /,
Cler,'•f the House
IN SENATE
Received e-74
Secretary,Executive Thep ,ent Read 1"time 3-14-13
f Read 2id time 3-26-13
This 2.14 day of_ ;I _ 20 13 Read 3rd time 3-26-13
And Passed
Yeas 45 Nays 3
Approved Passed t. I •uses ,/�
I __.___ _._ Id
_ _ .
Governor
Secret, =of the Senate
This day f_ + 20 By Reps.Golick of the 40'',Evans oft•e 42"d
y Wilkerson of the 38"' and others
I I
_ -
AN ACT
To amend an Act creating a new charter for the City of Smyrna,approved August 27, 1931
(Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965
(Ga.L.1965,p.3023),so as to change the description of the wards;to provide for definitions
and inclusions;to provide for manner of election;to provide for the continuation in office
of current members;to provide for the submission of this Act for preclearance under Section
5 of the federal Voting Rights Act of 1965,as amended;to provide for related matters;to
repeal conflicting laws;and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a new charter for the City of Smyrna, approved August 27, 1931
(Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965
(Ga.L. 1965,p.3023),is amended by revising Section 6-A as follows:
'SECTION 6-A.
(a)(1) For the purpose of electing members of the council,the City of Smyrna shall be
divided into seven wards which shall be and correspond to those seven numbered districts
described in and attached to and made a part of this Act arid further identified as
'Plan: smyrnacc-2013 Plan Type. Local Administrator: Smyrna User, Gina'. In the 3'
event that any territory is hereafter annexed to the corporate limits of the City of Smyrna,
it shall be added to the ward to which it is contiguous;provided, however,that,if such
territory is contiguous to two or more wards,such territory shall be apportioned equitably
by the mayor and council to such contiguous wards.
(2) For the purposes of such plan: j
(A) The term 'VTD' shall mean and describe the same geographical boundaries as
provided in the report of the Bureau of the Census for the United States decennial
census of 2010 for the State of Georgia. The separate numeric designations in a district
description which are underneath a V 11)heading shall mean and describe individual
II
Blocks within a VTD as provided in the report of the Bureau of the Census for the I
United States decennial census of 2010 for the State of Georgia;and
(B) Except as otherwise provided in the description of any district, whenever the
description of any district refers to a named city, it shall mean the geographical
I
H.B.548
.
boundaries of that city as shown on the census maps for the United States decennial
census of 2010 for the State of Georgia.
(3) Any part of the City of Smyrna which is not included in any district described in
paragraph(1)of this subsection shall be included within that district contiguous to such
part which contains the least population according to the United States decennial census
of 2010 for the State of Georgia.
(4) Any part of the City of Smyrna which is described in paragraph(1)of this subsection I
as being included in a particular district shall nevertheless not be included within such
district if such part is not contiguous to such district. Such noncontiguous part shall
instead be included within that district contiguous to such part which contains the least
population according to the United States decennial census of 2010 for the State of
Georgia."
SECTION 2.
Said Act is further amended by striking Section 6(c)in its entirety.
SECTION 3.
(a) Those members of the City Council of the City of Smyrna who are serving as such on
the effective date of this Act and any person selected to fill avacancy in any such office shall
continue to serve as such members until the regular expiration of their respective terms of
office and upon the election and qualification of their respective successors.
(h) Wards 1,2,3,4,5,6,and 7,as they existed immediately prior to the effective date of this
Act,shall continue to be designated as Wards 1, 2,3, 4, 5, 6, and 7,respectively,but as
newly described under this Act,and on and after the effective date of this Act,such members
of the council serving from those former wards shall be deemed to be serving from and
representing their respective wards as newly described under this Act.
SEC'T'ION 4.
The governing authority of the City of Smyrna shall through its legal counsel cause this Act
to be submitted for preclearance under the federal Voting Rights Act of 1965,as amended,
no later than 45 days after the date on which this Act is approved by the Governor or
otherwise becomes law without such approval.
SECTION 5.
! All laws and parts of laws in conflict with this Act are repealed.
1- B.548
i�f.. e t�
2_
BY GOVL.:RNOR
smyrnacc-2013
Plan: smyrnacc-2013
plan Type: Local
Administrator: smyrna
user: Gina
District 001
Cobb County
,.yT0: 0675N1A - SMYRNA lA
TD: 0675N2A - SMYRNA 2A
031208:
1016
District 0C2
Cobb County
VTD: 0670101 - 00881N5 01
031108:
3013 3015 3030 3032 3033 3034
VTD: 0675N2A - SMYRNA 2A
031111:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 2000 2002 2003 2004 2005 2006 2007 2009 2010 2011
2023
031114:
2019 2020 2021 2022 3002 3003 3004 3005 3006 3007 3008 3009
3010 3011 3012
VTD: 0675828 - SMYRNA 28
031001:
2056
031108:
3000 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3014
3016 3017 3018 3019 3020 3021 3023 3024 3031
031114:
1000 2003 2004 2006 2007 2008 2010 2011 2012 2013 2014 2015
2016 2017 2018
VTD: 067SN3A - SMYRNA 3A
031111:
2001 2008 2012 2017 2018 2022
District 003
Cobb county
VTD: 067SN23 - SMYRNA 28
031108:
3022 3035 4004 4008
VTD: 0675N3A - SMYRNA 3A*
031001:
2081 2082
031101:
1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
031108:
1003 1005 1006 1008 1010 1014 1016 1017 1018 1022 1023 1025
1026 1027 1028 1030 1031 1032 1034 1037 1040 1042 1044 1045
1046 1048 1049 2000 2001 2003 2004 2005 2006 2007 2008 2009
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003
4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024
031110:
1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019
1020 1021
031111:
1025 2013 2014 2015 2016 2019 2020 2021
VTD: 067sN4A - SMYRNA 4A
031110:
1022 1023 1024 1025 1026 1027 1028 2001 2002 2003 2004 2005
2006 2007 2008 2014 2015 2016 2017 2018 2019 2020 2021 2022
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034
2035
031112:
1016
031115:
2000 20C1 2003 2004 Z005 2035 2036 2039 2045 2050 2051
031117:
2000 2001
031118:
1000 1001 1007 1010 1011 1012 1013 1014 1015 1016 1017 1018
1024 3000 3001 3002 3003 3011
yTD: 067SN7C - SMYRNA 7c
031117:
1000 1007 1010 1011 1013 1015 2002
P. B. 548
Page 1
4
smyrnacc-2013
District 004
Cobb County
VTD: 067SN4A - SMYRNA 4A
031118:
1003 1004 1005 1006 1019 1020 1021 1022 1023 1027 1030 1031
1035 2000 2001 2002 2003 3004 3005 3006 3007 3008 3009 3010
3012 3013 3014 3015
031206:
1000 1001
vTD: 0675N7A - SMYRNA 7A
031117:
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
2020 2021 2022 2023 2024
031118:
2012 2013 2014 2015 2016 2017 2018 2020 2021 2022 2023 2031
331307:
3006
VTD: 067SN78 - SMYRNA 78
031118:
2008 2009 2010
031206:
1051 1053
• VTO: 067SN7C - SMYRNA 7C
031117:
1020 1022 1023 1024 2003 2004 2005 2006 2007
031118:
1025 1026 1028 1029 1032 1033 1034 3017 3018
District 005
Cobb County
VTD: 067SN5A - SMYRNA SA
District 006
Cobb County
VTD: 067SN4A - SMYRNA 4A
331110:
2000 2009 2010 2011 2012 2013
031112:
1000 1001 1002 1005 1006 1007 3025 3026
VTO: 0675N6A - SMYRNA 6A
District 007
Cobb County
vTD: 0675N7A - SMYRNA 7A
031307:
3000 3001 3002 3003 3004 3034 3060
VTD: 0675N78 - SMYRNA 7B
031118:
2025 2026
031206:
1022 1023 1030 1031 1032 1033 1034 103S 1039 1041 1042 1043
1045 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1066
1067 1069 1070 1071 1072 1073 1076 1077 1078 1079 1081 1083
1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096
2005 2006 2007 2008 2009 2010 2011 2015 3043 3046 3047 3048
3054 3055 3058 3061 3064 3065 3066 3067 3074 3077 3085 3086
3087 3088 3089 3091 3092 3100 31Q1
031307:
1001 1002 1004 1005 1007 1008 1009 1011 1013 1014 1015 1016
1017 1022 1026 3035 3036 3038 3039 3041 3042 3043 3045 3047
3056 309
031313:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1017 1018 1019 1021 1022 1023 1027 1034
2005 2012 2018 2022 2023 2039 2048 2053 2054 2058 2059 2061
2063 2067 2073 2080 2088
H. B 548
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Via, .�v�°� � y,� s �.� L�-,
GEORGIA,FULTON COUNTY
• Personally appeared before me,the undersigned authority,duly authorized to administer oaths,Rich
Golick,who on oath deposes and says •that he is the Representative from District 40 and further
deposes and says that the attached Notice of Intention to Introduce Local Legislation was published
in the Marietta Daily Journal which is the official organ of Cobb County on March 1,2013,and that
the notice requirements of Code Section 28-1 14 have been met.
I
■
Rich Golick
Representative,District 40
Sworn to and subscribed before me,
this f ' day of ivO• ., ,2013.
54�S, _ _ . , i ....�
J- 'fer$ ss ,tttties
Notary Public,Douglas County,Georgia ..�',�h�F.13 OU�QF�+.,.
My Commission Expires January 23,2015 ;
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