05-16-1983 Regular MeetingMay 16, 1983
The regular scheduled meeting of Mayor and Council was held May 16, 1983 at Smyrna
City Hall. The meeting was called to order by presiding officer Mayor Arthur T.
Bacon at 7:30 o'clock p.m. All Council members were present. Also present was
City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E.
Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks
and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Build-
ing Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris
and representatives of the press.
Invocation was given by.James Williams, followed by the pledge to the flag.
Mayor Bacon read a proclamation recognizing the month of June as Recreation Month
and told Parks Director.Sherry Reavis he would present it to her after the meeting.
Citizen Reports: Sue Brissey complained of illegal signs in the City and showed
several that she had removed over the weekend. Mrs. Brissey said she was disap-
pointed that the Marietta Daily Journal was distributing yard sale signs.
Rezoning: Lamar Rose requested rezoning of property in Land Lot 452, 1009 and
1019 Concord Road from R-15 to Limited Commercial. There was no opposition from
the audience. Mr. Rose said if the property was rezoned he would lease the two
houses for offices that would be compatible with the L.C. zoning. Jim Hawkins
told Mr. Rose the City has .had a problem with the Limited Commercial zonings on
Concord Road and asked if he was familiar with the ordinances, and Section 901
in particular which deals with paved parking required and buffer areas. Mr. Rose
said he was familiar with the requirements and agreed to comply with them. Jim
Hawkins said one of the houses is being rented and asked Mr. Camp if they would
be required to vacate the house once it is rezoned. Mr. Camp said the present
tenant could remain, but the house could not be re -rented after the zoning was
approved. Jim Hawkins made a motion the zoning be approved. Jim Tolleson seconded
the motion which carried by a 7-0 vote.
Rezoning: Hiram S. Cochran requested rezoning of approximately 13 acres in Land
Lots 778, 806 & 807 from General Commercial to RM-16. There was no opposition
from the audience. Mr. Cochran said he also owned 21 acres fronting on Highway
41 which he would like to leave zoned General Commercial and hopefully would have
a restaurant there. They are presently negotiating with Sunday House, but have
not made a firm agreement as yet. Mr. Cochran presented proposed plans of the
development and said he understood that 50% of the units would have to be one
bedroom or efficiency units. The entrance will be from a paved road which was
built according to specifications 4 or 5 years ago on the north boundary of the
property. Johnstown Properties recently bought and renovated Plumtree Apartments,
adjacent to this and they have also offered future access through their development
when the original loan is paid off. Mayor Bacon read the minutes from the Planning
and Zoning Board meeting where the zoning was recommended for approval. Jim Hawkins
stated that at the last meeting Council voted unanimously to delete the RM-16
classification, and this would probably be the last zoning approved. James Williams
made a motion the rezoning be approved. Elbert Coalson seconded the motion which
carried 6=l, with Jim Hawkins opposed.
Privilege License: Penny. Jackson Coley requested a transfer of the beer package
license for Golden Gallon, Inc., 2254 Atlanta Road. There was no opposition. Jim
Hawkins asked Ms. Coley if she understood the ordinances concerning the sale of
alcoholic beverages and if she would abide by said ordinances, and the answer
was yes. Jim Hawkins read the investigation report by the Police Department which
was favorable, and made a motion the license be approved. Sarah Jones seconded
the motion which carried 7-0.
Privilege License: William Henry Carson requested a beer and wine package license
for Majik Market, 2482 Spring Road. Mr. Carson was sworn in by Attorney Camp along
with Connie Paine, in opposition. Mr. Carson said they wanted to move their store
which has been at the same location on Spring Road for about 10 years to the re-
cently closed Union Oil Station next door, which was only 50 or 60 feet away.
This will enable them to sell gas at their store, which is the main reason for
their move. Mr. Carson said the old building would probably be sub -leased with
a stipulation in the contract that no alcoholic beverages could be sold at the
location. Jim Hawkins asked Mr. Carson if he was familiar with our ordinances
and would agree to abide by them, and the answer was yes. Mr. Hawkins read the
report of the police investigation, which was favorable. Jim Tolleson stated that
the new location does not meet the distance requirements from Chateau DeVille
Apartments but Mr. Donegan, owner/manager had submitted a letter waiving the dist-
ance requirement, which is only about 3 or 4 feet short. Max Bacon asked Mr. Carson
if they would remodel according to the survey, which shows the entrance on the
May 16, 1983 - Continued
side of the building and Mr. Carson said he was not sure, he had not looked at
the survey that closely.
Connie Paine represented a group of concerned mothers living at Chateau DeVille
Apartments and read and presented a petition signed by them. Ms. Paine said they
felt the store would be too much of an enticement for the children and it was
dangerous for them to cross the street. During discussion Ms. Paine said she was
under the impression if the license was denied, the store would close completely
but still objected to the license being issued. Ms. Paine said there was a conven-
ience store next door to the apartments that the children could safely go to.
Jim Hawkins said it had always been his policy to not vote for a license where
there was some question as to the distance requirements and made a motion the
license be denied. Jack Shinall seconded the motion which carried 7-0.
Privilege License: William Bannister requested a beer and wine pouring license
for the Sizzler Family Steak House at 2731 South Cobb Drive. There was no opposi-
tion. Mr. Bannister said they would not have a bar, but would like to be able
to serve beer and wine to their customers who wanted it with their meals. Mr.
Bannister said he understood the ordinances and agreed to abide by them and also
presented a letter from Our Savior Luther Church which is located across the street
stating they had no objections to the license being issued. Jim Hawkins stated
the police investigation was favorable and made a motion the license be approved.
Sarah Jones seconded the motion which carried by a 7-0 vote.
Variance: Jack Shinall read a letter from Mr. & Mrs. G. B. Stoner of 1135 Bank
Street requesting permission to build a garage apartment at the rear of their
house for Mrs. Stoner's mother. Jack said he had been advised by our city attorney
that the only way this could be granted would be through a land use permit. Attor-
ney Camp said this is a hardship situation and is entirely different from the
case we now have pending in court. Also, a land use permit has to be renewed peri-
odically. After further discussion, Jack Shinall made a motion a land use permit
be granted to Mr. and Mrs. Stoner to allow the construction of a garage apartment.
Jim Hawkins seconded the motion which carried 6-1, with Max Bacon opposed. Jack
Shinall stated the Stoner's also had a petition signed by the immediate neighbors
stating they had no objections.
Variance: Stacy Davis requested a variance on seven lots in Green Forest Subdi-
vision on front setback requirements. Mr. Davis said these were the last seven
lots on Green Valley Drive and they fall at about a 45' angle and to meet the
setback requirements he would not be able to tie onto the sewer line. Also, there
is a rock ledge on the back of the lots and Mr. Davis said it would cost him more
to correct these problems than he could afford. Sarah Jones said she felt the
lots were basically unbuildable and it could be a potential hazard to try and
build on them. Mr. Davis said the lots were desirable to some.people and the final
plat of the subdivision did not indicate the lots were unbuildable. Mr. Davis
said it was possible he could build on them as they now exist, but he would not
want to. Sarah said if the variance was granted, we would need a letter from him
relieving the City from any liability should anyone working or living there suffer
from any accident or harm. After further discussion, Sarah Jones made a motion
the variance be tabled to the next meeting and asked all the other council members
to look at the lots and give their opinion. Elbert Coalson seconded the motion
which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by Inspec-
tor Larry Dunn and upon his recommendation, the following approved:
(1) Brawner's, 3180 Atlanta Road, requested a permit for addition of a 2-story
building at a total estimated cost of $280,000. James Williams made a motion the
permit be approved subject to approval of the Fire Marshal. Elbert Coalson seconded
the motion which carried 7-0.
Annexation: Jack Shinall made a motion the 0. B. & J. D. Logan property in Land
Lots 341, 342 and 379 be annexed into the City to become a part of Ward 5, the
legal description having been read and made a part of the minutes of April 18,
1983. Elbert Coalson seconded the motion which carried 7-0.
Validation of Signatures: Attorney Camp read an application for annexation of
property in Land Lots 306, 307, 342 and 343, as follows:
We the undersigned, who constitute sixty percent (60%) of the owners of
the land area by acreage of the area described below, which is unincorpor-
May 16, 1983 - Continued
ated and contiguous to the City of Smyrna, hereby apply to have said area
annexed into the City of Smyrna under the provisions of the Code of Georgia
Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages
409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property
to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lots 306, 307,
342 and 343, 17th District, 2nd Section, Cobb County, Georgia and being
more particularly described.as follows:
BEGINNING at the intersection of the northwesterly right of way of Church
Road and the centerline of a branch of Smyrna Creek; running thence south
86 degrees 29 minutes west a distance of 890 feet to a point on the easterly
right of way of Old Concord; thence northerly along the easterly right
of way of Old Concord Road a distance of 424 feet, more or less, to the
centerline of Smyrna Creek; thence westerly along the centerline of said
Smyrna Creek, and following the meanderings thereof, a distance of 465
feet, more or less, to a point; thence north 22 degrees 30 minutes west
a distance of 1152 feet to an iron pin on the north land lot line of Land
Lot 307; continuing thence north 22 degrees 30 minutes west a distance
of 708 feet to a point; thence south 89 degrees 23 minutes east a distance
of 940 feet to a point; thence due east a distance of 307.16 feet to a
point located on the easterly right of way of Old Concord Road; thence
southeasterly along the easterly right of way of Old Concord Road a distance
of 1021.3 feet to a point; thence north 69 degrees 28 minutes west a dis-
tance of 513.8 .feet to a. point; thence southeasterly a distance of 468
feet to a point; thence south 88 degrees 30 minutes west a distance of
77.65 feet to a point; thence south 9 degrees 49 minutes 38 seconds east
a distance of 189.28 feet to a point; thence south 63 degrees 35 minutes
east a distance of 175.01 feet to a point; thence southeasterly a distance
of 40 feet to a point located on the easterly right of way of Old Concord
Road; thence northerly along the easterly right of way of Old Concord Road
a distance of 580 feet to an iron pin; thence south 84 degrees 40 minutes
east a distance of 200 feet to a point; thence north 00 degrees 30 minutes
west a distance of 100 feet to a point; thence south 84 degrees 45 minutes
east a distance of 200 feet to an iron pin; thence south 84 degrees 20
minutes east a distance of 540 feet, to an iron pin; thence south 1 degree
50 minutes east a distance of 254 feet to a point; thence southwesterly
a distance of 175 feet to the centerline of Smyrna Creek; thence south-
westerly along the centerline of Smyrna Creek, and following the meander-
ings thereof, a distance of 613 feet, more or less, to the intersection
of Smyrna Creek and a branch of Smyrna Creek; thence southeasterly along
the centerline of the branch of Smyrna Creek a distance of 611 feet, more
or less, to the northwesterly right of way of Church Road and the point
of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title,
or his legal representative, of 60% of the land area above described by
acreage: s/OPAL W. JONES & E. P. LOGAN
Jack Shinall made a motion the signatures be validated and the public hearing
set for June 20, 1983. James Williams seconded the motion which carried by a 7-0
vote.
Appointment of Housing Authority Members: Mayor Bacon said at the last meeting
a Resolution was approved to establish the need for a housing authority in the
City of Smyrna. The following names were presented to serve on the authority:
Ward 1: Jack Hamlim (4 years)
Ward 2: Appointment deferred to next meeting (5 years)
Ward 3: Stan Sullivan (5 years)
Ward 4: Darlene Davidson (5 years)
Ward 5: Paul Griggs (3 years)
Ward 6: Appointment deferred to next meeting (1 year)
Ward 7: Martha Akin (2 years)
Jack Shinall made a motion the appointments be approved. Jim Tolleson seconded
the motion which carried by a 7-0 vote.
May 16, 1983 - Continued
Appointment to Planning & Zoning Board: Jim Tolleson stated that Charlie McCoy
had served on this board for the past 4 or 5 years and was now resigning because
they were moving out of the City. Jim made a motion that Marion Wilhelm be appoin-
ted to fill the unexpired term. Max Bacon seconded the motion which carried by
a 7-0 vote.
Jim Tolleson made a motion that the Recorder's Court appeal by David Bostwick
be heard June 6, 1983. James Williams seconded the motion which carried by a 7-0
vote.
Jack Shinall made a motion that Sanford Place be made one-way north, immediately
after school is out June 3rd, for the remainder of baseball season. Jim Tolleson
seconded the motion which carried 7-0.
Max Bacon made a motion that Cedar Ridge Court be closed May 28th between the
hours of 5:00 to 11:00 p.m. for a block party. Jim Tolleson seconded the motion
which carried 7-0.
Willowbrook Sewer Line: Mayor Bacon said the bid price to install the Willowbrook
sewer line was $95,000 and prior to the work starting it was necessary to get
approval from the railroad to bore under their tracks. During the boring process,
the contractor hit pilings and found it impossible to bore all the way through.
Mayor Bacon said our engineer met with the County engineer and the railroad engin-
eer and they agreed there was about a 20 to 30% chance of boring all the way.
If it is necessary to tunnel and bore it will run considerably more. Mayor Bacon
said the contractor, D&H Construction, had now guaranteed to complete the, bore
for a lump sum price of $150,000. Sarah Jones made a motion the addendum to the
contract to D&H Construction be approved for a lump sum price of $150,000, seconded
by Max Bacon. Jack Shinall said he would not support the motion because even though
the cost could be much more than it is at this point, the contract did call. for
a second bore, which they are not doing and this is almost double the cost of
what was approved for: the line. Also, we could have asked for developer parti-
cipation as the county does, and we may have gotten some financial help that way.
Sarah said we already have quite a bit of money invested in this project that
will have to be paid and we need to complete the line as quickly as possible to
keep the Environmental Protection Agency off our backs about overflowing sewer
lines. After further discussion, vote on the motion carried 6-1, with Jack Shinall
opposed.
Woodland Arms Lift Station: Jack Shinall said the plans for the Woodland Arms
sewer line should be ready by next Monday. Council has already given approval
to request bids but we had to wait for the plans and were also held up by the
Federal government concerning wages and minority participation. Jack made a motion
the bids be reviewed June 13th with the contractors present, with the bid awarded
June 20, 1983. Max Bacon seconded the motion which carried 7-0.
Elbert Coalson said the Insurance Committee met and upon their recommendation,
made a motion the workmans compensation remain with the current carrier, Morrison
Assurance Agency, with Northwest Insurance Agency. Jim Tolleson seconded the motion
which carried by a 7-0 vote.
Committee Reports: Elbert Coalson said the light on South Cobb Drive at Powder
Springs Street was holding too long, and asked Jim David to have it checked.
(Parks) Elbert Coalson read a letter from Parks Superintendent Bruce Bates con-
cerning vandalism at our parks. Mr. Coalson said this is a serious problem and
very costly to the City and asked anyone who might see any vandalism taking place
to notify the park ranger.
Sherry Reavis stated that June 4th would be the Super Family Field Day; Father/Son
and Mother/Daughter Tennis Tournament, and the pools would all be open for the
summer.
Mr. Coalson asked Mr. Camp if he could report on the barking dog ordinance. Mr.
Camp said it is complicated, but he is doing some research and would hopefully
have something ready by the June 6th meeting.
(Water) Jack Shinall said we were continuing with the Sewer System Evaluation
Study and were also working on proposals for contracting garbage pickup. The com-
mittee has already met with several major companies and outlined what we will
I
May 16, 1983 - Continued
expect and they will meet again with full Mayor and Council. Jack said he did
not know if a decision would be reached before the new budget year because there
is a lot to consider.
(Library) Doris Morris reported on library activities.
(Finance) Jim Tolleson reminded everyone of the budget meeting May 19th at 5:30
with all department heads. Jim said the Department of Transportation had certain
requirements to be met before we could begin the beautification program on Atlanta
Road and asked Jim David to check with them.
Announcements: Next council meeting June 6, 1983. Mayor Bacon said October 1st
would be the last day of the Sesquicentennial and they are trying to set up a
homecoming and will be contacting some people within the next few days.
With no further business, meeting adjourned at 9:10 p.m.
ARTHUR T. BACON, MAY R WILLOUISE C. SPIVEY CITY CL K
tSE.LES ARD 1 MAX:i BACON, WARD 2
MS, WARD 3 AMES M. HAWKINS, WARD 4/7
K SHINALL, WARD 5
S RAH JONES, WARD 7
ELBERT R. COALSON, WARD 6
CIVIL SERVICE BOARD
I, Roland Williams do solemnly swear that I will well and
truly demean myself as Civil Service Board member of the City of Smyrna for the
ensuing term, and that I will faithfully enforce the Charter and Ordinances of
said City to the best of my ability, without fear or favor, and in all my actions
as Civil Service Board member act as I believe for the best interest of the said
City. So help me God.
ROLAND C. WILLIAMS (Seal)
Subscribed and sworn to before me
this 18th day of July, 1983
4
Arthur T. Bacon, Mayor
A RESOLUTION TO DECLARE THE; NEED FOR THE ACTIVATION
OF A HOUSING AUTHORITY TO FUNCTION IN THE CITY OF
SMYRNA, GEORGIA, PURSUANT TO THE PROVISIONS OF THE
HOUSING AUTHORITIES LAW; TO APPOINT THE COMMIS-
SIONERS FOR SAID AUTHORITY; TO AUTHORIZE SAID
AUTHORITY TO EXERCISE THE POWERS CONTAINED IN THE
HOUSING AUTHORITIES LAW; TO PROVIDE FOR AN EFFECTIVE
DATE AND FOR OTHER PURPOSES:
W I T N F. S S E T H:
WHEREAS, it has been determined by the Mayor and Council of the City of
Smyrna, that there exists an urgent need to provide additional housing
in the City of Smyrna, Georgia; and
WHEREAS, it has been determined by the Mayor and Council that there is
a shortage of safe or sanitary dwelling accommodations in the City of Smyrna
available to persons of low income at rentals they can afford; and
WHEREAS, the Housing Authorities Law (O.C.G.A., Section 8-3-1, et seq.,
as amended) (the "Act"), enacted by the General Assembly of the State of
Georgia, creates for every municipality in the State of Georgia a public
body corporate and politic to be known as the "housing Authority" of such
municipality, which shall consist of a board of seven commissioners to
be appointed by resolution of the governing body of such municipality for
initial terms of one, two, three, four and five years and thereafter for
staggered terms of five years; and
WHEREAS, the Mayor and Council have determined that there is a need for
a Housing Authority to function in the City of Smyrna to help finance the
cost of providing an adequate supply of housing for the people of the City
of Smyrna; and
WHEREAS, the Mayor and Council, after thorough investigation, have determined
that it is desirable and necessary that a Housing Authority be activated
to function in the City of Smyrna with all the powers granted it by the
Act, including the power to issue revenue bonds for the purpose of providing
funds to finance housing in order to fulfill the present needs expressed
herein;
BE IT FURTHER RESOLVED, that seven Commissioners shall be appointed by
Mayor and Council to serve for the aforementioned terms of office, by Resol-
ution adopted as soon as practical and convenient.
BE IT FURTHER RESOLVED, that in the event that a Commissioner at any time
ceases to be a resident of the City of Smyrna; his eligibility to serve
as a Commissioner shall cease, and his term of office shall end.
BE IT FURTHER RESOLVED, that the Commissioners elected shall organize,
carry out -their duties and responsibilities and exercise their powers and
prerogatives in accordance with the terms and provisions of the Act as
it now exists and as it might hereafter be amended or modified.
BE IT FURTHER RESOLVED, that this resolution shall become effective May
31, 1983, and from and after such date the Authority shall be deemed to
be duly created and activated and shall have perpetual existence.
BE IT FURTHER RESOLVED, that any and all resolutions in conflict with this
resolution be and the same are hereby repealed.
Adopted and approved this 2nd day of May, 1983.
Attest:
l 7l/)a P"
Mayor, City•of Smyrna, Georgia
(SEAL)
•.J
City Clerk
Mayor And Council:
of vtj�
wish the City of Smyrna, deP the property known as
Mc --riff Street r-) the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees. ' N '
Signaturez-.P� o�( f-
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Mayor And Council: �d�NN 4"794r r
I Si�i�Ue �vGG� ,I�ti, J of :2 G ell dww � �a e; 3 i
wish the -City of Smyrna, deed the property known as A-O.UJA-,)C_w
McGriff Street to the name and address shown above. xj 6�'A
I understand that I wi_1 be respons le for attorney
and su--veyor fees.
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ayo And Council:
of
wish the G� tv of Smyrii,a, d.; di the ;property k:;_. wr. as r'
M Griff Street- to the name and address shown ab.:ve
understand that I
be �r6� sib � �fotiatitorney
a•:1•l surveyor fees. �
Signat r/r% P
:iayor Ar.A Council:
wis the City of Smyrna, -deed the property known as r
J`: "* -7 Street to the name and address shown aLov . `
understand That a will r� sib a for attorney
d s•; r v e y o r fees . �7i pyQ4112,
Signature _�� (/��—
Mayor And Council:
wish the City of Smyrna, deed the property known
ejV�
McCriff Street to the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees.
Signature
Mayor And Council:
off-It��ry
wish th City of Smyrn Heed the property known as
McGriff Street to the name and address shown above.
i understand that IJ� responsiblebe,for attorney
and surveyor fees. ill `
Signature Jet4,40,,
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Mayor Ana Council:
f
w--tsh the City of S'my--na,, (.,eed t1ulz property
tiff S-,,-eet to tie name any. shown sbo-,,2,
I undery'cand tnat '.' wil,,,silhle, , -or nrt'O-Lnk-� IZSO
surveyor fe�s
Signa -,UrLa—, P IA'
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Mayor And Council
I �a4�ko� o f Z./
,n,{sh the City of ,myrnas deed ; pie praperty known as
McGriff Street to the name anG address shown a'o.) e.
1 understand that 1 4-ill be responts;ba for 'attorney
;and surveyor fees.
Signature
Mayor And Council:
of 1 lqs I4; 1-
wish. the Olty of Smyrna, deed the property known as
McGriff Street to the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees.
Signature
Mayor And Council:
I ~1�t,
wish the City of Smyna, Vee"dtAhe property known as
McGriff Street to the name and.address shown above.
fi understand that I will be responsible for attorney
and surveyor fees.
Signature
s
April 6, 1983
TO WHOM IT MAY CONCERN:
I, James A. Welker, owner of the property at 2656 Hickory Hill Drive
have no interest in obtaining ownership in the portion of McGriff
Street ,-recbntly°_-closed-and abandoned by the City.of Smyrna, which
abuts my property.
Therefore, I surrender my claim of the property to Steve C. and
Joann G. Buggay, owners of property at 2641 and 2631 Brown Circle.
Notary Public, Georgia, State at Large
My Commission Expires Mar. 9, 1985
James A. Welker
April 6, 1983
TO WHOM IT MAY CONCERN:
I, Fred W. Brack, owner of the property at 2648 Hickory Hill Drive
have no interest in obtaining ownership in the portion of McGriff
Street, recently closed and abandoned by the City of Smyrna, which
abuts my property.
Therefore, I surrender my claim of the property to Steve C. and
Joann G. Buggay, owners of property at 2641 and 2631 Brown Circle.
Fred W. Brack
Notary Public, Georgia, State at Lama
My Commission Expires Mar. 9, 1985
Mayor And Council: f CC
wish the 04ty of Smyrna, deed the property known as
McGriff Street to the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees.
Signature
_Q
Mayor And Council:
wish the City of Smyn eed the property known as
McGriff Street to the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees.
Signature Cy✓✓(�W ' `� �'`�'�,�
M:,Yo- Ana- Council:
Ile f :24'-.'OcJ.� (.�'✓COX
w•tgh the City of :.,my•-na. ..eed th; property-.;.,)wn r s
`1cG , ff Si.reet to the name am ad' -2ss shown abov-,.
I understand twat ' will. rts}.:.7si ie 'or .. tot -it:-., jG
sitr.veyor £e?s .`�v ._ ;'�6 � (Ztv / 1 -7
Signa -ure
b-( t LJ iLv� 5 CcL'V1� c G�
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Mayor And Council:
X-04&�=L --
Dish the City of Smyrna, deed t`te property known as
McGriff Street to the name anu address shown above.
T understand that 1 %ill. be responsible for attorney
nd surveyor fees.
Signature
r;�
Mayor And Council:
i ✓/¢riTL=.(� L irG7C -1 2 o f S� /`f/ /(G✓t� /�i �� •(,2'�,
wish the City of Smyrna, deed the property known a
McCriff Street to the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees.
Signature
Mayor And Council:
2iz X o f 2, zZ'f L /-J X .,-,I-Y P
r �
wish th City of Smyrn deed the property known as
McCriff Street to the name and address shown above.
I understand that I will be respons ble for attorney
and surveyor fees. ��v�.rc i e�r:✓o�"``'( �"`� ��'�C
SignaturelerA-,ti, _ .Y
Anyor And Council:
7
c='✓_ o f
wish the City of Smyrna, deed the property known as
,�:'�riff Street co the name and address shown stove.
T understand that : will be responsib a for attorney
s,rrveyor feesG�
Signature
Xayor And Council:
wish the City of Smyrna, de d the property kr.c.wn as
M-Griff Street to the name end address shown above.
I understand that I 2wi13 be responsible fog attorney
a n C surveyor fees. ,�l•� J494Zcc*r✓ 1?, 2'� `�
r Signat r
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Mayor And Council: �dpAAP /SC) r `
.I ``lC y az O_
wish the City of Smyrna, deed the property known as gl'OjoA)
McGriff Street to the name and address shown above. S r..y Y Aj G A
I understand that I will be respons
and surveyor fees.
Signature
e for attorney
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�,�E' f�fOP y drAc•K ,1t S.,�tG�deRi••s ��s G�o.n. a,,f�lc
�jc /�d•�»Q of eelAftor-.$Pti S fees. A*� �i% svfvBY
lA"e 80Sd A`JSr
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Mayor And Council:
of 4
wish the City of Smyrna, dee4 the property known as
McGriff Street to the name and address shown above.
I understand that I will be responsible for attorney
and surveyor fees. /? �cta� ez' wry {? ,ell
Signature /iav-zi
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s
4-1-83
TO WHOM IT MAY CONCERN:
We Mildred Barie and Kathy E. Thurmond ,owners of Precision Cutters Style Shop,
located at 2423 Ventura Place, Smyrna, Georgia.
We request S. R. Phillips restore the fence he took down, to the original
condition. We also request S. R. Phillips reset the post in concrete.
Replace soil and resod as original. Replace soil to prevent erosion and
drainage back up. Have drainage per City Code.
Build from property line per City Ordiance.
We at this time request the Variance be denied.
Thanks,
Al
Mildred Barie
a ""ate of Large
es Sept.t 5,��
'•r
Dear Mr. Coalson:
Would you please read the letter from Kathy & I.
Kathy is in the hospital since last Wed. 3/30/83.
I have a death in my family and will not be back
from the funeral in time to be present.
Please make the letter part of the minutes of this meeting.
Thanks,
ildred Barie & Kathy Thurmond
RESOLUTION OF.THE MAYOR AND COUNCIL
OF THE CITY OF SMYRNA, GEORGIA
WHEREAS, the City of Smyrna, Georgia (the "City")
is a political subdivision of the State of Georgia; and
WHEREAS, the Housing Authorities Law, O.C.G.A.
Section 8-3-1 et sec., as amended (the "Act"), authorizes
the Housing Authority of Cobb County to issue its revenue
bonds for the purpose of financing multifamily residential
rental facilities for low and moderate income families
located within the boundaries of Cobb County, provided a
resolution shall have been adopted by the governing body of
any city in which such a facility is located declaring that
there is -a need for such Authority to exercise its powers in
such city; and
WHEREAS, Section 103(k) of the Internal Revenue
Code of 1954, as amended (the "Code"), requires a public
hearing be held on all "industrial development bonds" within
the meaning of such Section issued after December 31, 1982;
and
WHEREAS, the City has been requested to hold a
public hearing with respect to the proposed -issuance of
multifamily housing revenue bonds for The Hills of Post
Village, Ltd., a Georgia limited partnership (the "Devel-
oper"), with respect to the proposed financing of a certain
multifamily residential rental facility consisting of
approximately 240 units (the "Project") located on a 15-acre
site within a development known as "Post Villages Northwest"
in Land Lots 735 and 736 in the Seventeenth District, Second
Section of Cobb County, Georgia, as shown on Boundary Survey
prepared for The Hills of Post Village, Ltd., by Planners
and Engineers Collaborative, dated February 24, 1983; and
WHEREAS, the City must provide for notice to be
given of the public hearing;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Council of the City of Smyrna, Georgia as follows:
1. The City Clerk is hereby authorized and
directed to cause to be published in a newspaper of general -
circulation in the City of Smyrna, Georgia, a notice of the
public hearing to be held with respect to the proposed
financing of the Project for the Developer. in the form of
Exhibit "A" attached hereto.
2. The City Clerk or Mayor is further authorized
to do all such acts and things as may be in furtherance of
the giving of the notice of such public hearing and the
holding of such public hearing in furtherance of this
resolution.
3. The City hereby declares that there is a need
for the Housing Authority of Cobb County to exercise its
powers within the City of Smyrna to finance the Project as
required by Section 8-3-110 of the Act.
4. This resolution shall be effective as of the
date of its adoption.
CITY OF SMYRNA, GEORGIA
(SEAL)
By .
'Mayor
' gy _ iliY
City Clerk
Adopted: April 4 , 1983.
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6:
NOTICE OF PUBLIC HEARING
ON PROPOSED MULTIFAMILY RESIDENTIAL
RENTAL FACILITY BOND FINANCING
BY HOUSING AUTHORITY OF COBB COUNTY
Notice is hereby given that the Mayor and Council
of the City of Smyrna, Georgia (the "City Council"), will
hold a public hearing on the application of The Hills of
post Village, Ltd. (the "Developer"), for the Housing.
Authority of Cobb County (the "Authority") to issue, pur-
suant to the Housing Authorities Law, O.C.G.A. Section 8-3-1
et seg., as amended (the "Act"), up to $10,000,000 of its
multifamily housing revenue bonds to assist the Developer in
financing the acquisition, construction and installation of
3 certain multifamily residential'facility consisting of
approximately 240 units for low and moderate income families
located in the City of Smyrna, within•a development known as
"Post Villages Northwest," in Land Lots 735 and 736, Seven-
teenth District, Second Section.of Cobb County, Georgia, as
shown on a Boundary Survey prepared for The Hills of Post
village, Ltd., by Planners and Engineers Collaborative,
dated February 24, 1983. The public hearing, which may be
f continued or adjourned, will be held at 7:30 '717o'clock,
,M., %lay 2 , 1983, before t e City Council, in
the Council Chambers Cit Smyrna, Georgia.
The bonds willneither p e ge t -e ait and credit nor the
taxing power of the State of Georgia nor Cobb County, but
will be payable solely from revenues derived from the
Developer and pledged therefor. Any person interested in
the issuance of the bonds or in the location or nature of
the proposed project may appear and be heard.
CITY OF SMYRNA, GEORGIA
City Clerk %
CERTIFICATE
The undersigned City Clerk of the City of Smyrna,
Georgia (the "City"), a political subdivision of the State
of Georgia, DOES HEREBY CERTIFY, as follows:
1. A meeting of the Mayor and Council of the
City was duly called and held on May 2 , 1983, at
7:30 o'clock, P M. at the City Hall Council Chambers
in the City of Smyrna, Georgia, pursuant to proper notice
given to each member of the City Council prior to such
meeting. The meeting was open to the public. The time of
the meeting and the place in which the meeting were held
provided a reasonable opportunity for persons of differing
views to appear and be heard. At such meeting, each member
of the City Council was present or absent throughout as
follows:
PRESENT: Mayor Protem Elbert Coalson
Councilman Jim Tolleson
Councilman Max Bacon
` Councilman James Williams
Councilman Jim Hawkins
Councilman Jack Shinall
Councilman Sarah Jones
ABSENT: Mayor Arthur T. Bacon
d
,i
2. The Mayor Protein of the City announced the costr-
y mencement of a public hearing on the proposed financing of a certain
multifamily residential rental facility for the Hills of Post Village, Ltd.
and that, pursuant to a resolution adopted by the Mayor and Council, the
City Clerk of the City had caused a Notice of said public hearing to be
published at least 14 days prior to the date of the hearing in a newspaper
of general circulation in the City of Smyrna. A copy of the Publisher's
Affidavit with respect to the publication of said Notice has been filed
in the minutes of the City Council and is attached hereto as Exhibit "A".
3. The following individuals appeared and addressed the
City Council:
None
4. No one.else having appeared to speak on the matter,
the Mayor P.rotem declared the public hearing closed at 8:00 o'clock P.M.
5. Attached hereto as Exhibit "B" is a true, correct and
complete copy of a Resolution, adopted at such meeting of the City
Council by a majority of the members of the City Council present at such
meeting, with the ayes and nayes being recorded in the minutes of such
meeting as follows:
Jim Tolleson
aye
Max Bacon
aye
James Williams
aye
Jim Hawkins
aye
Jack Shinall
aye
Sarah Jones
aye
The Resolution constitutes all formal action taken by the City Council
at such meeting relating to the matters referred to in the Resolution.
The Resolution has not been repealed, revoked, rescinded or amended and is
in full force and effect on the date hereof.
T•litness my hand and the seal of the City this 3rd day of May, 1983.
(SEAL)
By:
lillouise C. Spivey, it Clerk /I
City of Smyrna, Georgia U
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RESOLUTION OF' THE MAYOR AND COUNCIL, OF THE
'CITY OF SMYRNA, GEORGIA
WHEREAS, the Mayor and City Council (the "City Council") of
the City of Smyrna, Georgia (the "City"), has considered the request of
The Hills of Post Village, Ltd., a Georgia limited partnership (the "Devel-
oper"), for the approval of the issuance of up to $10,000,000 of Housing
Authority of Cobb County (the "Authority") multifamily housing revenue
bonds for the purpose of financing the cost of the acquisition, construction
and installation of a certain multifamily residential rental facility (the
"Project") as described in the Notice (hereinafter defined), and has held
a public hearing thereon on May 2, 1983; and
WHEREAS, Section 103(k) of the Internal Revenue Code of 1954,
as amended (the "Code"), provides that the governmental units having juris-
diction over the issuer of industrial development bonds and over the area
in which any facility financed with the proceeds of industrial development
bonds is located shall approve the issuance of such bonds; and
WHEREAS, the Project is located within the City;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Smyrna, Georgia, as follows:
1. The Mayor and Council of the City of Smyrna, Georgia hereby
approve the proposed financing of the Project for the developer through
the issuance of up to $10,000,000 of the Authority's multifamily housing
revenue bonds, to the extent required by Section 103(k) of the Code.
2. The approval of this proposed financing, as required by
Section 103(k) of the Code, does not constitute an endorsement to any pros-
pective purchaser of the bonds to be issued in connection with this proposed
financing or of the creditworthiness of the Project or of the Developer,
and the bonds shall provide that the bonds shall not constitute a debt
or a general obligation of the State of Georgia or any political subdivision
thereof, including Cobb County or the'City of Smyrna, and shall not be
payable other than from the revenues and moneys specifically pledged for
the payment thereof.
3. This Resolution shall take effect immediately upon its adop-
tion.
Adopted this 2nd day of May, 1.983.
(SEAL)
CITY OF SMYRNA, GEORGIA
BY: - 00- C:1�
Mayor
Attest:
By v�
City "Clerk
CITY CLERK'S CERTIFICATE
I, the undersigned City Clerk of the City of
Smyrna, Georgia, DO HEREBY CERTIFY that the foregoing
pages of typewritten matter constitute a true and correct
copy of a resolution duly adopted by the Mayor and Council
of the C'ty of Smyrna, Georgia at a meeting duly called and
held on , 1983, which meeting was open to the
public and at hich a quorum was present and acting through-
out, and that the original of said resolution appears on
record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand
and official seal, this the _ day of ,
1983.
(SEAL)
By: •..Gt�
ity Clerk of the Fyty of
Smyrna, Georgia
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