06-02-1997 Regular MeetingThe regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called
to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present.
Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E.
Camp, Finance Director Claudia Edgar and representatives of the press.
Invocation was given by Reverend Gary Ellison, Calvary Baptist Church, followed by the pledge to the flag.
Mayor Bacon recognized Reverend Ellison, who stated he appreciated the opportunity to give public input to
the council. He then stated he noticed on the agenda two requests for alcoholic beverage licenses and that he
has great concerns about drinking and drunkenness in the City of Smyrna.
Mayor Bacon recognized State Representative Frank Bradford who was in attendance at the meeting.
Mayor Bacon recognized Rebecca Strong, resident of the Creatwood Subdivision. Ms. Strong read a letter
of complaint to the city concerning drainage issues in the Creatwood Subdivision. Councilman Lnenicka
thanked Ms. Strong for her comments and stated there will be a public meeting next Tuesday, June 9, at 7:00
p.m. in the Council Chambers to discuss this issue.
(A) Variance Request - 1040 Pinehurst Drive - Reduce Side Yard Setback from 10 Feet to 4 Feet
Mr. Smith stated the applicant, Mr. William Dobson, is requesting this variance in order to build a carport
and has presented a letter of hardship which states the carport is needed to provide shelter for he and his wife
and their cars. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to
the granting of this variance request. There was none.
Councilman Hawkins asked Mr. Dobson to briefly describe why the variance is needed. Mr. Dobson stated
the variance request to reduce the side yard setback from 10 feet to 4 feet will allow him to build a carport.
He further stated the carport will provide shelter for him and his wife as well as their cars. Mr. Hawkins
stated for the record there is a letter for the affected property owners, Ms. Mable Eloise Murphy, stating she
has no objection to the variance request.
Councilman Hawkins made a motion the variance request at 1040 Pinehurst Drive to reduce the side yard
setback from 10 feet to 4 feet be approved. Councilman Scoggins seconded the motion. Motion was approved
7-0.
(B) Variance Request - 2136 Berryhill Circle - Reduce Rear Yard Setback from 40 Feet to 30
Feet
Mr. Smith stated the applicant, Greg Leveto, is requesting the variance due to an error when the foundation
was placed over the rear setback line. Mayor Bacon stated this is a public hearing and asked if anyone was
present in opposition to the granting of this variance request. There was none.
Councilman Wood asked Nick Williams, representing Rose Homes, to briefly explain why the variance is
needed. Mr. Williams responded the construction company poured the foundation over the rear setback line
in error and therefore the rear yard setback needs to be reduced from 40 feet to 30 feet. Councilman Wood
stated Rose Homes owns the property adjacent to 2136 Berryhill Circle and there is a letter on file from the
other affected property owner, Ms. Wendy Crane, stated she has no objection to the granting of the variance
requested. Mr. Wood further stated this property backs up to a fence on Mavell Road. Mr. Wood further
stated city staff has looked at the property and does not foresee any problems with the variance being
approved.
Councilman Wood made a motion to approve the variance request for the rear setback line at 2136 Berryhill
Circle to be reduced from 40 feet to 30 feet. Councilman Lnenicka seconded the motion. Motion was
approved 7-0.
(C) Alcoholic Beverage License Request - GRMI, Inc., D/b/a Olive Garden - 2467 Cobb
Parkway - Retail Pouring of Liquor, Beer and Wine
Mr. Smith stated this is an agent transfer and Mr. Michael L. Lovelady is asking to be approved as the agent
June 1997, meeting - continued
for the Olive Garden. Mr. Smith further stated Mr. Lovelady currently lives in Cobb County and the Police
Department investigation revealed nothing that would preclude the issuance of this license to Mr. Lovelady.
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of
this alcoholic beverage license request. Mayor Bacon stated this is a previously licensed location. There was
no opposition.
Councilwoman Capilouto stated the application appears to be correct and asked Mr. Lovelady if he is currently
the manager at the Olive Garden. Mr. Lovelady responded he is currently the manager and is responsible for
the hiring and firing of employees. Ms. Capilouto asked Mr. Lovelady about the training program for the
employees of the Olive Garden. Mr. Lovelady responded they have certified trainers who cover all aspects
of alcohol service and food service - preparation and everything. Ms. Capilouto asked Mr. Lovelady if they
ask for identification from all the patrons and Mr. Lovelady responded they card everyone who looks to be
under thirty years of age. Ms. Capilouto stated the application appears to be in order and the Police
Department investigation revealed nothing that would preclude the issuance of the license request to Mr.
Lovelady.
Councilwoman Capilouto made a motion the alcoholic beverage license request for an agent change at the
Olive Garden, 2467 Cobb Parkway, with Mr. Lovelady as the agent be approved. Councilman Scoggins
seconded the motion. Motion was approved 7-0.
(D) Alcoholic Beverage License Request - Shikha Enterprises, Inc., D/b/a Spring Road Food
Mart - 1828 Spring Road - Retail Sales - Beer
Mr. Smith stated this is a new application and Andre L. Cannon has applied to be the agent. Mr. Smith further
stated Mr. Cannon resides in Cobb County and this establishment was a previously licensed location. Mr.
Smith also stated the Police Department investigation revealed nothing that would preclude the issuance of this
license request. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to
the granting of this alcoholic beverage license request. There was none.
Councilman Scoggins asked Mr. Cannon how they plan to instruct the employees on verifying identification
for their patrons. Mr. Cannon responded he knows the laws and ordinances they must abide by and they will
card everyone who purchases alcohol. He further stated all employees will be instructed to obtain training on
how to verify identification. Mayor Bacon asked Muhammad Ali, the owner, if there was any reason he was
not applying to be the agent and Mr. Ali responded he is not a U.S. Citizen. Councilman Scoggins stated for
the record that the Police Department investigation revealed nothing that would preclude the issuance of the
license requested.
Councilman Hawkins cautioned Mr. Cannon that if any violations occur, he will be held responsible for their
actions. Mr. Cannon responded he was aware of that. Councilman Cramer cautioned Mr. Cannon the City
of Smyrna does conduct sting operations.
Councilman Scoggins made a motion the alcoholic beverage license request for Shikha Enterprises, Inc., D/b/a
Spring Road Food Mart at 1828 Spring Road for the retail sale of beer with Mr. Andre Cannon as the agent
be approved. Councilman Cramer seconded the motion. Motion was approved 7-0.
(E) Conveyance of Unimproved Right of Way Adjacent to 1501 and 1503 Roswell Street
Mr. Smith stated Betty Crane, 1501 Roswell Street, and June Caine, 1513 Roswell Street, have requested the
conveyance of one-half of the 15 foot unimproved right of way behind their home. He further stated signs
have been posted on the property and all other legal advertisements made, calling for the public hearing.
Mayor Bacon asked if either of the property owners were present. They were not. Mayor Bacon stated this
is a public hearing and asked if anyone was present in opposition to the granting of this conveyance. There
was none.
Councilman Scoggins made a motion that the conveyance of the alleyway at 1501 Roswell Street and 1513
Roswell Street be approved. Councilman Wood seconded the motion. Motion was approved 7-0.
(F) Approval of FY98 Budget
Councilman Lnenicka asked if anyone in the audience had any comments about the budget. There were none.
Mr. Lnenicka stated the FY98 Budget is being submitted for Mayor/Council approval. Mr. Lnenicka
commended the department heads, Director of Finance Claudia Edgar, City Administrator Howard Smith and
staff for their efforts in the preparation of this budget. Mr. Lnenicka stated the budget is a conservative one
June ., 1997, meets - continued
and the total budget for 1998 is $33,030,228. He further stated the General Fund is $22,395,000; Special
Revenue Fund - $2,525,000; Water/Sewer Fund $8,109,900, and the total budget is up approximately 6.9%.
Mr. Lnenicka stated the budget includes a proposed millage rate reduction from 11.4 to 11.3 and the final
millage rate will be set later this year when the City of Smyrna receives the official tax digest from Cobb
County. Mr. Lnenicka stated the budget also includes a number of new positions or position upgrades that are
necessary to run the city including sanitation workers, administrative positions and six positions in the new
police facility, five additional detention officers are also proposed and a full-time jail cook. He further stated
there are also additions in the Parks, Library, Clean and Beautiful and a full-time purchasing agent for the city.
Mr. Lnenicka stated the budget also includes a revised Class and Compensation pay schedule to keep city
salaries competitive with the market and raises the pay ranges, both the bottom and top of the range, by 3%.
Mr. Lnenicka stated this is a very solid budget.
Councilman Scoggins stated he feels the most important part of the budget is the people in the departments and
in particular the Department Heads, who know what has to be spent.
Mayor Bacon stated the City of Smyrna will once again adopt a budget and reduce the millage rate. He also
stated the millage rate has been lowered the last five or six years and if your taxes go up it is due to
reassessments by the County. Mayor Bacon also commended the Council and the Department Heads.
Councilman Lnenicka made a motion the proposed FY98 Budget as presented be approved and adopted.
Councilman Scoggins seconded the motion. Motion was approved 7-0.
FORMA. BUSINESS:
(A) Approval of Rate Increase - Roll Off Containers and Consumer Price Index
Councilman Lnenicka stated the City of Smyrna has a long term commercial agreement with Waste
Management. He stated Waste Management approached the city several months ago, outside the contract
which calls for an annual rate increase July 1 of each year, and requested a rather significant price increase
based on cost factors in their business. Mr. Lnenicka stated a fair compromise was reached and Waste
Management agreed to hold off on any increases until July 1, the effective date under which their contract
allows them to pass on an increase. He further stated Waste Management is looking at passing on a 3%
Consumer Price Index increase (allowed under the contract) and also are asking for an additional $7.25 per
ton disposal price increase for roll off containers. Councilman Lnenicka stated these containers are the ones
typically seen at construction sites and this increase is allowed under the terms of the contract with Waste
Management. Mr. Lnenicka stated both increases are allowed under the terms of the contract. Councilman
Lnenicka stated Waste Management agreed not to impose the rate increases until July 1 and the Council has
agreed to absorb the CPI price increase on the current billing structure and not pass that on to the commercial
customers; the roll off costs will be passed on to the customers but that is a very small segment of the city's
commercial customer population.
Councilman Lnenicka made a motion that based on Waste Management's request, the city approve the $7.25
per ton disposal price increase for roll off containers and a 3% CPI increase with the stipulation that only the
$7.25 per ton increase on roll off containers be passed through to the customers and the 3% CPI increase be
absorbed within the budget. Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Amendment to Personnel Policies and Procedures Manual
Mr. Smith stated this recommendation is from Human Resources Committee and further stated the Police and
Fire Departments have a twelve-month working test period for new hires. Mr. Smith further stated in
reviewing what other cities do and the benefit to the City of Smyrna to review new employees, the Human
Resources Director with support of the Human Resources Committee recommends the working test period be
changed in the Personnel Policies and Procedures Manual to a twelve-month working test period as opposed
to a six-month working test.
Councilman Wood stated the current Personnel Policies and Procedures defines the working test period as "a
period of time (either six months or twelve months, depending upon the specific job classification) during
which a new employee or an employee who has been promoted to a higher level position is being tested on job
capability and performance. Mr. Wood stated this will standardize the working test period in all departments
as opposed to just the public safety departments.
Councilman Wood made a motion the City of Smyrna Personnel Policies and Procedures be revised, effective
July 1, 1997, to reflect that the city's working test period, for all city hires, bonafide promotions, transfers
to different job classifications and demotions be a twelve month period. Councilman Lnenicka seconded the
motion. Motion was approved 7-0.
(C) Approval of Supplemental Ordinance - 1997 Series Bonds
Mr. Smith stated this is an amendment to the Ordinance that was adopted on May 5 when the City of Smyrna
refinanced the Water/Sewer Revenue Bonds. He further stated it was the original intention of the Financial
advisors that these be sold as one -term bond certificates with a mandatory sinking fund redemption instead of
eight or ten serial bonds. He further stated this was to reduce the administrative costs of handling the sale of
the bonds. Mr. Smith stated this is how the bonds were sold and this supplemental ordinance reflects that
change.
Councilman Lnenicka stated the proposed supplemental ordinance is five pages and is titled "An ordinance to
provide for mandatory sinking fund redemption of the series 1997 bonds; to ratify, reaffirm, amend and
supplement the ordinance adopted May 5, 1997 authorizing the issuance of said series 12997 bonds; and for
other purposes." Mr. Lnenicka stated he had confirmed with City Attorney Camp that the ordinance needs
to be done in order to complete the approved refinancing and has also been approved by the bond counsel.
Councilman Lnenicka stated copies of the ordinance are available for inspection and held by the City Clerk.
Councilman Lnenicka made a motion the supplemental ordinance titled as indicated above be approved.
Councilman Wood seconded the motion. Motion was approved 7-0.
(A) Peachtree Construction - Office/Warehouse Building - Mansfield Highlands II - 7000
Highlands Parkway
Councilman Wood stated Mansfield Construction has built a couple of other buildings in the Highlands
Industrial Park in the last few years. He stated this is a 123,808 square foot building at an estimated
construction cost of $1,500,000. Councilman Wood stated this is good for the city and things are going well
for Highlands Park.
Councilman Wood made a motion the building permit for Peachtree Construction for an office/warehouse
building at 7000 Highlands Parkway be approved. Councilman Cramer seconded the motion. Motion was
approved 7-0.
(A) Bid #97017 - Janitorial Services - City Buildings
Councilman Lnenicka stated several bids were opened at the May 19, 1997, council meeting. Mr. Lnenicka
stated the bid from C1eanNet seemed much lower than the other bids and the other bids began in the $40,000 -
$50,000 and then over $100,000. He stated the bid from C1eanNet was $8,000 and the City of Smyrna
determined the bid was $8,000 per month, not annually. Councilman Lnenicka stated the four low bids
submitted were reviewed. Mr. Lnenicka stated the city verified references, and contacted other customers
listed as references by the low bidder O. J. Best Services, Inc.(annual bid $44,940.) Councilman Lnenicka
made a motion the bid for janitorial services for city buildings be awarded to O. J. Best Services, Inc., at an
annual cost of $44,940, low bidder meeting specifications. Councilman Lnenicka stated the contract date is
effective July 1, 1997. Councilman Wood seconded the motion. Motion was approved 7-0.
(B) Bid #97018 - Library Shelving
Councilman Wood stated six requests for bids were mailed for library shelving but only two were returned.
He further stated the low bidder, CBA, met all specifications for a total cost of $15,384. Mr. Wood made a
motion the bid for library shelving be awarded to CBA for a total delivered cost of $15,384. Councilman
Cramer seconded the motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of May 19, 1997, Minutes
(B) Approval of FY98 Project List - 1% Road Program
(C) Approval to Solicit Bids for Retaining Wall - Southeast Corner of Atlanta Road and Spring
Street
(D) Authorize Execution of State D.O.T. Contract - Sidewalk Construction - South Cobb Drive
(E) Approval to Solicit Bids for Hardscape Design - Centennial Park Relocation Site
(F) Approval to Solicit Bids for (4) Police Pursuit Vehicles
June 2, 1997, meeting - continued
Councilman Hawkins made a motion the consent agenda be approved. Councilman Newcomb seconded the
motion. Motion was approved 7-0. (*See addition to consent agenda.)
COMMITTEE REPORTS:
Mayor Bacon stated yesterday the closing ceremonies for the Campbell High School were held. He stated that
closed 45 years of existence for Campbell High School at that location. Mayor Bacon stated the building will
remain but will be converted to a middle school and the new high school will be located on Ward Street.
Mayor Bacon encouraged everyone to go by the new high school location.
Mayor Bacon stated he received a call this past week concerning solicitation phone calls. Mayor Bacon stated
he had not received a call soliciting funds for this particular organization, but a citizen called complaining
about the call she had received. Mayor Bacon stated the solicitor implied they were calling on behalf of a
particular department within the City of Smyrna. Mayor Bacon further stated the solicitor implied that out of
every dollar solicited, 75% goes to the soliciting company and supposedly the City of Smyrna receives 12.5%
and another entity in the County receives the other 12.5%. Mayor Bacon urged all citizens to check into it
a little closer. Mayor Bacon stated he has discussed this with Representative Randy Sander and will be
meeting with him this week to discuss legislation that will correct the situation so that solicitors will have to
be more specific about their calls. Mayor Bacon urged everyone to ask a lot of questions about the fund
raising calls. Mayor Bacon urged all citizens that if they receive a solicitation phone call, and any department
within the City of Smyrna is mentioned, please inquire as to where the money will go, how much will go to
where the solicitor says it will go.
Mayor Bacon recognized Ann Wooten. Ms. Wooten stated she has received several solicitation phone calls
over the years, however, the one she received last week she felt was particularly upsetting and frightening.
Ms. Wooten stated the solicitor implied he was calling on behalf of the Smyrna Police Department. Ms.
Wooten further stated the caller implied there is a serious drug (cocaine) problem in the City of Smyrna.
Ms. Wooten stated she felt the solicitor was using scare tactics and she did not appreciate it. Ms. Wooten
further stated that the Fraternal Order of Police, Lodge 13, Austell Road, Marietta, GA., was actually
soliciting this money through an organization called Comtel. Ms. Wooten confirmed through Chief Hook that
the Smyrna Police Department does not receive any funds from this solicitation. Ms. Wooten stated she did
not think the FOP had a legitimate right to call and solicit funds for a union, particularly when they
misrepresent how the funds are being used.
Councilwoman Capilouto stated there is no report from the Fire Department this evening.
Councilman Newcomb stated there were no reports from his departments this evening.
Councilman Scoggins stated he had no reports this evening.
Councilman Hawkins stated under the consent agenda this evening, a FY98 1% Project List was approved.
Mr. Hawkins stated this is a budget within the General Budget. Mr. Hawkins stated this revenue is from the
extra one cent that is paid to fund local road improvements. Mr. Hawkins stated $966,479 of the sales tax
money on the following projects: $182,834 for resurfacing streets; $179,428 for sidewalks and mentioned also
in the consent agenda is additional funds from the State for sidewalks in the city; $50,000 for restriping streets;
$34,500 for equipment; $89,108 for personnel; $128,000 for intersection improvements; $202,609 for curb
and gutter work; $100,000 set aside to pay for part of the improvements on Spring Road.
Councilman Cramer stated he had no reports this evening.
Councilman Lnenicka thanked the American Legion Post 160 for their Memorial Day Service held May 26,
1997, and for their work with the city for the display of American flags on Atlanta Road. He also thanked
the Public Works for their assistance with displaying the flags.
*Councilman Lnenicka made a motion to suspend the rules for the purpose of adding an item to the Consent
Agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0.
*Councilman Lnenicka stated he had been asked that the City of Smyrna schedule a meeting June 10, 1997,
in the Council Chambers for the purpose of addressing the drainage concerns of the residents of Creatwood
Subdivision involving the creek in their subdivision. Mr. Lnenicka stated several city staff persons will also
be in attendance (City Administrator Howard Smith, City Engineer Ken Hildebrandt, Chief Building Official
Robin Broyles). Councilman Lnenicka made a motion to approve the use of the Council Chambers on June
10, 1997 from 7 -10 p.m. Mr. Lnenicka stated Item 7-G - Approval to Use Council Chambers Tuesday, June
10, 1997, 6:30 - 9:30 p.m. for the Purposes of a Public Meeting about Creatwood Creek. Councilman
Cramer seconded the motion. Motion was approved 7-0.
Councilman Wood stated the city has a lot of people in the city that are like Ann and Jim Wooten and
expressed his appreciation to Ann for coming to the meeting tonight. Mr. Wood stated he felt people should
know about the soliciting phone calls as others would be receiving a similar call. Mr. Wood mentioned several
volunteers - Larry and Sue Brissey, Nancy Hancock, Jim and Ann Wooten who are actively involved in
volunteer services for the City of Smyrna. He thanked all the volunteers who work to make the city such a
great place to live.
City Administrator Howard Smith reported the Police Facility is on schedule and the move into the new facility
will begin in the next several weeks. He also stated there is a dedication ceremony planned in conjunction with
the 125th Anniversary Celebration. Mr. Smith also reported that Smyrna Night at the Braves, May 31, was
a success in spite of the weather. Mr. Smith also announced Tolleson Pool opened recently and urged
everyone to go by and look at the newly renovated facility. Mr. Smith also announced that Stan Thomas is
operating out of the new development in the Village Green and there are several retail shops open. Mr. Smith
stated one of the first new stores in the downtown area is Concord Gallery and urged everyone to go by and
visit the new retail area.
With no further business, t4,� meeting adjourned at 8:45 p.m.
A. MAX BACON, MAYOR
CHARLENE CAPILOUTO, WARD 1
BILL SCOGGINS, W 3
ACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
MELINDA DAMERON, CITY CLERK
RON NEWCOMB, WARD 2
,,/JAMES M. HAWKINS, WARD 4
i
WADE S. LNENICKA, WARD 6
SUPPLEMENTAL ORDINANCE
AN ORDINANCE TO PROVIDE FOR MANDATORY SINKING FUND
REDEMPTION OF THE SERIES 1997 BONDS; TO RATIFY, REAFFIRM,
AMEND AND SUPPLEMENT THE ORDINANCE ADOPTED MAY 5, 1997
AUTHORIZING THE ISSUANCE OF SAID SERIES 1997 BONDS; AND
FOR OTHER PURPOSES:
WHEREAS, the Mayor and Council of the City of Smyrna pursuant
to that certain ordinance adopted May 5, 1997 (the "Original
Ordinance") has authorized the issuance of $875,000 aggregate
principal amount of its Water and Sewerage Revenue Refunding Bonds,
Series 1997 (the "Series 1997 Bonds"), the Series .1997 Bonds to be
dated May 1, 1997, to be in fully registered form without coupons,
to be in the denomination of $5,000 or any integral multiple
thereof, to be numbered R-1 upward, to be transferable to
subsequent owners as therein provided and to bear interest from
date at the rate per annum set forth below opposite each principal
maturity, all interest payable semiannually on the 1st days of
January and July in each year, commencing on January 1, 1998, and
the principal maturing on the 1st day of July, in the years and
amounts, as follows:
1998
Amon
$
Rate
0ea
%
A040 URae
2$ , 5
1999
110,000
5.00
2003 145,000 5.00
2000
120,000
5.00
2004 145,000 5.00
2001
125,000
5.00
WHEREAS, the original purchasers of the Series 1997 Bonds have
requested that the principal amounts of the Series 1997 Bonds be
aggregated and that the Series 1997 Bonds contain a term bond in
the principal amount of $875,000 maturing on July 1, 2004, subject
to mandatory sinking fund redemption on July 1, 1998 through July
1, 2003 in the original amounts specified above; and
WHEREAS, as an accommodation to said purchasers, the City is
willing to comply with such request.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the
City of Smyrna, and it is hereby ordained by authority of the same,
that Section 9 of the Original Ordinance be and the same is hereby
amended and said Section 9 is hereby restated so as to read as
follows:
The Series 1997 Bonds maturing on July 1, 2004 are
subject to mandatory redemption prior to maturity on July
1, 1998 and on each succeeding July 1 to and including
July 1, 2003, in part, by lot in such manner as may be
designated by the Bond Registrar, at par plus accrued
interest to the redemption date, in the following
principal amounts on July 1, in the years, as follows:
217966.1
1998
$100,000
1999
110,000
2000
120,000
2001
125,000
2002
130,000
2003
145,000
If less than all of the Series 1997 Bonds of a
single maturity are to be redeemed, the Bond Registrar
shall treat any Bond of such maturity outstanding in a
denomination of greater than $5,000 as two or more
separate Series 1997 Bonds in the denomination of $5,000
each and shall assign separate numbers to each for the
purpose of determining the Series 1997 Bonds or the
principal amount of such Series 1997 Bonds in a
denomination greater than $5,000 to be redeemed by lot.
With respect to any Series 1997 Bond called for partial
redemption, the registered owner thereof shall surrender
such Series 1997 Bond to the Bond Registrar in exchange
for one or more Series 1997 Bonds in any authorized
denomination in the aggregate principal amount equal to
the unredeemed principal amount of such Series 1997 Bond
so surrendered.
The Bond Registrar shall furnish the City on or
before the forty-fifth day next preceding each mandatory
redemption date with its certificate setting forth the
Series 1997 Bonds that have been selected for mandatory
redemption either in whole or in part on such date.
At least 30 days before the date upon which such
mandatory redemption is to be made a notice of such
mandatory redemption signed by a duly authorized officer
of the Bond Registrar designating the redemption date and
the Series 1997 Bonds to be redeemed (in whole or in
part) shall be filed at the place at which the principal
of and interest on the Series 1997 Bonds shall be payable
and shall be mailed, postage prepaid, to all registered
owners of the Series 1997 Bonds to be redeemed (in whole
or in part) at the addresses which appear upon the bond
registration book.
It is expressly provided, however, that the failure
so to mail any such notice of mandatory redemption of the
Series 1997 Bonds shall not affect the validity of the
proceedings for such redemption or cause the interest to
continue to accrue on the principal amount of the Series
1997 Bonds so designated for redemption after the
redemption date.
217W.1 -2 -
Notice having been given in the manner and under the
conditions hereinabove provided, the Series 1997 Bonds so
designated for redemption or the portion of the Series
1997 Bonds so designated for partial redemption shall, on
the redemption date designated in such notice, become and
be due and payable at the redemption price hereinabove
specified, and from and after the date of redemption so
designated, unless default shall be made in the payment
of the Series 1997 Bonds so designated for redemption or
the portion of the Series 1997 Bonds so designated for
partial redemption, interest on the principal amount of
the Series 1997 Bonds so designated for redemption shall
cease to accrue on the redemption date.
So long as the reserve in the Sinking Fund is being
maintained as above provided, or such larger amount as
may hereafter be required as provided in Section 1 of
Article II of the 1984 Ordinance, as hereby ratified and
reaffirmed, in the event it shall issue parity bonds with
the Prior Bonds, nothing herein contained shall be
construed to limit the right of the City to redeem such
future issue or issues of parity bonds before it redeems
the Outstanding Prior Bonds or the Series 1997 Bonds, or
to redeem the Outstanding Prior Bonds, or the Series 1997
Bonds before it redeems the bonds of such future issue or
issues, or it may redeem some of the bonds of any of said
issues, in which event within each issue subject to
redemption such redemption of said bonds shall be in the
inverse order of their maturities as set forth in the
ordinance authorizing their issuance.
Nothing herein contained shall be construed to limit
the right of the City to purchase with any excess moneys,
as hereinabove defined, in the Sinking Fund and for
sinking fund purposes, the Series 1997 Bonds in the open
market at a price not exceeding the callable price
hereinabove set forth.
Series 1997 Bonds redeemed, purchased or paid cannot
be reissued and shall be canceled or otherwise mutilated
and destroyed, and a record of such destruction shall be
made in the permanent records of the City and in the
records of the Bond Registrar pertaining to the Series
1997 Bonds.
BE IT FURTHER ORDAINED by the authority aforesaid, and it is
hereby ordained by authority of the same, that appropriate changes
be made in the bond form set forth in the Original Ordinance so as
to reflect the provisions pertaining to mandatory sinking fund
redemption of the Series 1997 Bonds.
217866.1 - 3 -
BE IT FURTHER ORDAINED by the authority aforesaid, and it is
hereby ordained by authority of the same, that all of the terms,
conditions, provisions and covenants of the Original Ordinance
authorizing the issuance of the Series 1997 Bonds are hereby
ratified and reaffirmed and the Original Ordinance is hereby
supplemented as herein provided.
BE IT FURTHER ORDAINED by the authority aforesaid, and it is
hereby ordained by authority of the same, that any and all
ordinances or parts of ordinances in conflict with this ordinance
this day adopted be and the same are hereby repealed.
Approved:
Mayor, City of Smyrna, Georgia
217866.1 - 4 -
CLERKIS CERTIFICATE
GEORGIA, COBB COUNTY
I, Melinda Dameron, Clerk of the City of Smyrna, Georgia, DO
HEREBY CERTIFY that the foregoing pages constitute a true and
correct copy of the ordinance adopted by the Mayor and Council of
the City of Smyrna, at an open public meeting duly called and
lawfully assembled at 7:30 P.M., on the 2nd day of June, 1997, in
connection with the issuance of $875,000 City of Smyrna Water and
Sewerage Revenue Refunding Bonds, Series 1997, the original of said
ordinance being duly recorded in the Minute Book of said Mayor and
Council, which Minute Book is in my custody and control.
I do hereby further certify that the following members of the
Mayor and Council were present at said meeting:
A. Max Bacon, Mayor Jim Hawkins
Charlene Capilouto Jack Cramer
Ron Newcomb Wade Lnenicka
Bill Scoggins Charles Pete Wood
and that the following members were absent:
and that said ordinance was duly adopted by a vote of
Aye 7 Nay 0 Abstain
WITNESS my hand and the official seal of the City of Smyrna,
Georgia, this the 2nd day of June, 1997.
Clerk
(S E A L)
217966.1