04-02-2007 April 2, 2007 attachments
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Resolution No. R2007 - 1
A Resolution by the Mayor and Council of the City of Smyrna, Georgia,
in opposition to the proposed installation of a petroleum pipeline within
the corporate limits of the City of Smyrna by Colonial Pipeline Company
and the provisions of Senate Bill 173
Although the proposed installation of a petroleum pipeline by Colonial Pipeline
Company poses a significant likelihood of disruption to some private properties
and the potential for involuntary acquisition of additional private property for the
purpose of installing said pipeline, no effort has been made by Colonial Pipeline
Company to date to elicit public comment regarding this proposal, and;
The elected leadership of the City of Smyrna believe that Senate Bill 173, now
pending in the Georgia General Assembly, has the potential to diminish the rights
of property owners by eliminating the requirement for various safeguards and by
allowing oil companies to take control of property at greater distances from
existing lines in certain areas, and;
The City's leadership believes that Senate Bill 173 has the potential to further
erode citizen rights by establishing a precedent which could allow other utility
companies, such as natural gas companies, similarly unfettered access to
private property for future projects, and;
The Mayor and Council of the City of Smyrna express in this Resolution their
unified opposition to these measures and proposals which they believe to be
potentially detrimental to the common welfare of the citizens of Smyrna. and
Cobb County.
Be it resolved that the Mayor and City Council of the City of Smyrna does hereby
oppose the proposed installation of said pipeline and the provisions of SB 173.
IN WITNESS THEREOF, this Resolution has been duly adopted by the governing
authority of the City of Smyrna, Georgia on the 2nd day of April, 2007.
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A. MAX BACON, MAYOR
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RON NEWCOMB, WARD 2
WADE S. LNENICKA, WARD 6
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 692
Acres 1.834
2007-1
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on April 2, 2007 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this
April. 2007
A. Max Bacon, Mayor
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Sus n D. HIOtt, City Clerk
City of Smyrna
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City of Smyrna
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Ordinance 2007-1
Exhibit "A"
LEGAL DESCRlPTION
ALL THAT TRACT OR PARCEL ofIand lying and being in Land Lot 692 of the 17th
District, 2nd Section, Cobb County, Georgia, and being' more particularly described as
follows:
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TO FIND THE TRUE POINT OF BEGINNING, conunence at a 5/8" rebar found at the
intersection of the easterly right of way of Lois Street with the northeasterly right of way
of South Cobb Drive (S.R. #280) (having a 200-foot right of way); proceed thence in a
northerly direction as measured along said easterly right of way of Lois Street, north 00
degrees 53 minutes 01 seconds east for a distance of 33.09 feet to a point and the TRUE
POINT OF BEGINNING; from the true point of beginning thus established, and leaving
said easterly right of way of Lois Street, running thence south 88 degrees 47 minutes 21
seconds east for a distance of382.09 feet to a 1/2" rebar found and comer; running thence
north 00 degrees 29 minutes 57 seconds east for a distance of 6.42 feet to a 3/4" open top
pipe found and corner; running thence south 88 degrees 07 minutes 07 seconds ea:."1 for a
distance of 32.36 feet to a point and comer; running thence north 30 degrees 41 minutes
08 seconds west for a distance of 46.56 feet to a point; running thence north 17 degrees
58 minutes 37 seconds west for a distance of 57.79 feet to a point located at the centerline
of a branch; running thence alongiaid centerline of a branch north 09 degrees 04 minutes
24 seconds west for a distance of 54.03 feet to a point and comer; running thence north
23 degrees 40 minutes 55 seconds east for a distance of 21.49 feet to a point; running
thence north 27 degrees 58 minutes 14 seconds east for a distance of27.81 feet to a point;
running thence north 27 degrees 58 minutes 14 seconds east for a distance of 8.70 feet to
a point and comer; running thence north 88 degrees 01 minutes 11 seconds west for a
distance of 390.15 feet to a 1/2" rebar found and comer on the easterly right of way of
Lois Street (having a 3D-foot right of way); running thence in a southerly direction as
measured along said easterly right of way of Lois Street, the following courses and
distances: south 01 degrees 19 minutes 20 seconds west for a distance of7.83 feet to a
point; south 01 degrees 19 minutes 20 seconds west for a distance of25.00 feet to a point;
south 01 degrees 19 minutes 20 seconds west for a distance of 167.24 feet to a point and
corner; north 88 degrees 07 minutes 07 seconds east for a distance of 4.66 feet to a point
and comer; south 00 degrees 53 minutes 01 seconds west for a distance of 10.89 feet to a
point and the TRUE POINT OF BEGINNING.
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Severability: Should any section oj this Ordinance be declared invalid or
unconstitutional by any court oj competent jurisdiction, such declaration shall not
affect the validity oj the Ordinance as a ~hole or any part thereoJ which is not
specifically declared to be invalid or unconstitutional.
ORDINANCE No. 2007-3
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE
XII, EXCEPTIONS AND MODIFICATIONS, SECTION 1208, SUB-
STANDARD NONCONFORMING LOTS OF RECORD, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTION. BE IT
ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Sec. 1208, Substandard nonconJorming lots oJrecord, City of
Smyrna, Georgia, be amended to read as follows:
After April 2, 2007, no residential structure shall be built on a lot that has been
platted but does not meet all requirements of the zoning category or designation
applicable to the property.
Any request for deviation from the requirements of this ordinance shall be
processed through the variance procedure set forth in Article XN of "Appendix
A-Zoning" of the Smyrna Code of Ordinances.
All ordinances, parts oj ordinances, or regulations in conflict herewith are
repealed as oj the effective date oj this ordinance.
Attest:
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Su an D. HIOtt, CIty Clerk
City of Smyrna
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Approved as to form:
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Scott A. Cochran, City Attorney