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02-19-2001 Regular MeetingFebruary 19, 2001 The 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 Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Dr. Steven Kimmel of First Baptist Church of Smyrna. Boy Scout Rich McElwain led the pledge to the flag. CITIZENS INPUT: Mayor Bacon asked Councilman Hawkins to read a proclamation in honor of Arbor Day. The proclamation was read and presented to Ms. Kirk. Mayor Bacon congratulated Ms. Kirk, Mr. Adams and the Keep Smyrna Beautiful volunteers for winning I" place in both the waste minimization award category and the KAB Systems Category at the Keep Georgia Beautiful Awards. Mayor Bacon recognized Mr. Corey who presented Ms. Desiree Causey with the City of Smyrna STAR Employee of the Month award. Ms. Causey expressed appreciation to the Detective Division and the City of Smyrna. Councilman Hawkins thanked Ms. Causey for her hard work and dedication. Mayor Bacon recognized Ms. Margie Rose who thanked Officer Derringer Long for his assistance and commended the Smyrna Police Department. Mayor Bacon recognized Mr. Marvin Bennett who declared his candidacy for Ward 1. PUBLIC HEARINGS: (A) Variance Request of Regular Sign Ordinance —Cumberland Community Church — Spring Road and Sports Avenue —Allow Off -Premise Free Standing Sign. Mayor Bacon stated that items A through E have been tabled from the February 5, 2001, Council Meeting and stated that items A through E are public hearings. Mayor Bacon asked for public comment. Mr. Cochran administered the oath to those wishing to speak. Councilwoman Capilouto recognized Pastor Grant, Cumberland Community Church, who stated that the church would agree to move the sign further from Spring Road by ten feet, and Councilwoman Capilouto stated that moving the sign 10 feet farther from Spring Road would be a good compromise. Pastor Grant stated that the proposed sign is 11'9"xll'1" and that the church will agree to maintain and landscape the median. Mayor Bacon introduced Mr. Paul Merchland, Folks Restaurant Manager, who stated that he is not opposed to a sign, but wants to verify that the sign does not block his restaurant's visibility. Councilwoman Capilouto made a motion to approve the variance request of the regular sign ordinance of Cumberland Community Church to allow an off -premise free standing sign at Spring Road and Sports Avenue. Councilman Hawkins seconded the motion. Councilman Lnenicka stated that he opposes this motion because this variance approval will set a dangerous precedent. Councilman Lnenicka stated that he believes that citizens of Smyrna want tasteful signage and that he would like to see Folks, Burger King and Cumberland Community Church work together for signage. Mayor Bacon stated that he believes this sign is a tasteful sign and that this request is due to a true hardship. Mayor Bacon stated that in the past the Council has varied from the overlay district requirements because of hardships and that this is a unique situation. February 19, 2001 2 Councilman Hawkins stated that the first variance request since the adoption of the new South Atlanta Road Overlay District was for a church two months following the adoption of the overlay requirements and that if a precedent had been set it would have been at that time. Councilman Hawkins stated that this is a significant variance and that the Church bought this property with the understanding that a large sign had been previously approved on Spring Road. Motion was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. (B) Variance Request of Regular Sign Ordinance —Cumberland Community Church — Sports Avenue & Spring Road —Allow Free Standing Sign in Median. Councilwoman Capilouto made a motion to approve the variance request of the regular sign ordinance by Cumberland Community Church to allow a free standing sign in the median at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilman Lnenicka opposed. (C) Variance Request of Regular Sign Ordinance —Cumberland Community Church — Sports Avenue and Spring Road —Allow Sign on Public Right of Way (Median). Councilwoman Capilouto made a motion to approve the variance request of the regular sign ordinance by Cumberland Community Church to allow a sign on a public right of way at Sports Avenue, and Spring Road. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilman Lnenicka opposed. (D) Variance Request of Corridor Design Standard —Cumberland Community Church — Sports Avenue and Spring Road —Allow Free Standing Sign on Public Right of Way. Councilwoman Capilouto made a motion to approve the variance request of the Corridor Design Standard to allow Cumberland Community Church to have a free standing sign on the public right of way at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. (E) Variance Request of Corridor Design Standard —Cumberland Community Church — Sports Avenue and Spring Road —Allow Oversize Monument Sign Over 8 feet tall and 132 square feet. Councilwoman Capilouto made a motion to approve the variance request of the Corridor Design Standard by Cumberland Community Church to allow an oversize monument sign that is 11.98 feet by 11.06 feet and 132.5 square feet at Sports Avenue and Spring Road. Councilman Hawkins seconded the motion. Councilman Newcomb made a motion to amend the motion to change the height of the sign to 8 feet and to change the total square footage of the proposed sign to 58 square feet. Councilman Lnenicka seconded the motion to amend. Motion to amend was defeated 5-2with Councilwoman Capilouto, Councilman Scoggins, Councilman Hawkins, Councilman Cramer and Councilman Wood opposed. Motion to approve the variance request as originally stated was approved 5-2 with Councilman Lnenicka and Councilman Newcomb opposed. **City Attorney Cochran is to prepare an agreement between Cumberland Community Church and City of Smyrna relinquishing all previously issued variances for signage at this location. (F) Variance Request-610 Chimney Oaks Court —Reduce Rear building Line from 30 feet to 20 feet. Mr. Smith stated that the applicant is requesting this variance in order to reduce the rear building line from 30 feet to 20 feet in order to build a particular style home on the lot. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. February 19, 2001 3 Councilman Wood introduced Mr. Langwell of O'Dwyer and Associates who stated that if this variance is approved the house could face the cul-de-sac. Councilman Wood stated that the request does not affect any existing homeowner and made a motion to approve the variance request of 610 Chimney Oaks Court to reduce the rear building line from 30 feet to 20 feet. Councilman Cramer seconded the motion. Motion was approved 7-0. (G) Privileged License Request —Taxi Nacional-2135 South Cobb Drive —Taxi Service. Mr. Smith stated that the applicant, Otura and Julie Huijon, are requesting to be made the registered agents for Taxi Nacional and that they have received copies of the Vehicle for Hire Ordinance. Mr. Smith stated that results of the investigation by the Smyrna Police Department reveal information that would preclude issuance of this license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer asked Ms. Huijon to describe the taxi service and Ms. Huijon stated that the company would offer 24 hour English and Spanish speaking taxi service. Ms. Huijon stated that the company is across the street from Cobb Center. Councilman Cramer stated that there are some questionable items in the police report and encouraged Mr. and Mrs. Huijon to speak with the City's Business License Department. Mrs. Huijon stated that she is unaware of any legal matters. Councilman Cramer made a motion to table the privileged license request of Taxi Nacional of 2135 South Cobb Drive for taxi service until the March 5, 2001, Council Meeting and Councilman Newcomb seconded the motion. Motion was approved 7-0. (H) Privileged License Request —Mikado, Inc. d/b/a Tokyo Sushi-2421 Cobb Parkway —Retail Pouring License (Liquor, Beer and Wine) —Agent Ownership Change. Mr. Smith stated that the applicant, Jung Soon Lee, is requesting to be made the registered agent for Tokyo Sushi and that she has been given a copy of the alcohol ordinance. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilwoman Capilouto introduced Ms. Lee who stated that she has previously held a license to sell alcohol in Gainesville, GA. Councilwoman Capilouto asked Ms. Lee if she was given a book regarding alcohol sales by the business license department and Ms. Lee stated yes. Ms. Lee stated that she has a training program regarding alcohol sales and that her servers are aware that they need to register with the City of Smyrna Police Department. Councilwoman Capilouto urged Ms. Lee to ask all patrons for identification and made a motion to approve the privileged license request of Mikado, Inc d/b/a Tokyo Sushi at 2421 Cobb Parkway for a retail - pouring license of liquor, beer and wine with the agent as Ms. Jung Soon Lee. Councilman Newcomb seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Resolution Authorizing the City of Smyrna Annual Appropriation of all Amounts Required to Participate in the Pooled Lease Program Sponsored by the Georgia Municipal Association. Mr. Smith stated that the City of Smyrna has participated in this Pooled Lease Program since 1990 and that this resolution is an annual renewal requirement. Councilman Hawkins stated that this is a financing mechanism that allows the City of Smyrna to make purchases through GMA by making lease payments to GMA. Councilman Hawkins made a motion to authorize the Mayor to sign the resolution authorizing the City of Smyrna to participate in the pooled lease program sponsored by the Georgia Municipal Association and Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Appointment to Planning and Zoning Board —Ward 7. Councilman Wood made a motion to appoint Mr. Earl Rice to the planning and zoning board for Ward 7 and Councilman Cramer seconded the motion. Motion was approved 7-0. February 19, 2001 4 (C) Appointment to Parks and Recreation Commission —Ward 4. Councilman Hawkins made a motion to appoint Ms. Karen Kirk to the Parks and Recreation Commission for Ward 4 and Councilman Newcomb seconded the motion. Motion was approved 7-0. (D) Validate Petition to Annex Property, Church Road at Old Concord Road, LL 341, 17u' District, 2' Section, Cobb County, GA. Mr. Smith stated that Ms. Carol Lucille Cobb Jordan has submitted an application for annexation and if approved the 1.365 acres will be in Ward 5. Legal Description All that tract or parcel of land lying and being in Land Lot 341 of the 171h District, 2"a Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the northwesterly side of the right of way of Church Road, which iron pin is located 147.29 feet easterly from the intersection of the northerly side of the right of way of Church Road and the northeasterly side of the right of way of Old Concord Road, as measured along the northerly side of the right of way of church Road; running thence north 16 degrees 05 minutes 27 seconds west a distance of 262.91 feet to an iron pin on the north line of Land Lot 341; running thence north 87 degrees 52 minutes 26 seconds east along the north line of Land Lot 341 a distance of 291.60 feet to an iron pin; running thence south 20 degrees 15 minutes 58 seconds east a distance of 161.66 feet to an iron pin on the northwesterly direction along the northwesterly side of the right of way of Church Road a distance of 297.82 feet to an iron pin at the point of beginning and being a tract of land containing 1.454 acres as shown on plat of survey made by C. C. Davis, Jr., Surveyor, dated October 30, 1974. Councilman Cramer made a motion to validate the petition to annex the property at Church Road and Old Concord Road, Land Lot 341, 17" District, 2id Section, Cobb County, GA with a public hearing date of March 19, 2001, and Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Donato's Pizza-1760 East West Connector —New 2,565-Foot Restaurant. Mr. Smith stated that S. A. Kennedy, Inc. is requesting this permit for the construction of a 2,565 square foot pizza restaurant. Councilman Lnenicka made a motion to approve the commercial building permit request for Donatos Pizza at 1760 East West Connection for a new 2,565-foot restaurant, and Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Bid Award —Four New Police Motorcycles. Councilman Lnenicka stated the Public Safety Committee has reviewed the two bids and recommends the bid be awarded to the low bidder meeting specifications, Earl Small's Harley Davidson of Marietta. Councilman Lnenicka made a motion that the bid for the four new police motorcycles be awarded to Earl Small's Harley Davidson of Marietta, low bidder meeting specifications, for a total cost of $26,512 less trade in. Councilman Wood seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of February 5, 2001, Minutes. (B) Approval to Use Council Chambers for Ward 6 Creatwood at Vinings Neighborhood Meeting on Sunday, February 25, 2001, from 6:00 p.m. to 10:00 p.m. February 19, 2001 (C) Approval to Use Council Chambers for Ward 6 Residents of Ridge Road and Glenhurst Drive Neighborhood Meeting on Thursday, February 22, 2001 from 7:30 p.m. to 10:00 P.M. (D) Approval of No Parking Signs on San Fernando Drive. (E) Request to Purchase a new Vehicle for Community Development Director on State Contract. (F) Request to Purchase Replacement Vehicle for Fire Department Training Division on State Contract. (G) Request Contingency Account Funds to Purchase Ballfield Netting at Ward Park. (H) Approval to Request Bids for Traffic Signal at the Intersection of Village Parkway and Turpin Road. (I) Approval to Request bids for Street Resurfacing. (J) Approval to Use Contract Unit Pricing for Water Main Extension on Concord Road. (K) Approval to Use Contract Unit Pricing for Water Main Extension on Dunton Street. (L) Approval to Request Bids for Replacement Vac Con Truck. (M)Request to Reject all Bids for Bid #2000-022, 2 F-150 Pick -Up Trucks. (N) Request to Purchase 2 F-150 Pick -Up Trucks on State Contract. Councilman Wood made a motion to approve the Consent Agenda, and Councilman Cramer seconded the motion. Councilman Hawkins stated that he opposes item D on the Consent Agenda. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto stated that she is moving out of Ward 1 and due to 'additional job and family responsibilities, has tendered her resignation effective March 31, 2001. Councilman Newcomb introduced, Mr. Chris Miller the new director of Community Development, who stated he is looking forward to working in the City and presented the permit numbers for January 2001. Councilman Scoggins recognized Ms. Kirk who thanked Parks Department employees, Lee Cook, Burt Turnell, Andrew McKinney, Kenta Bowman, Brad Smith, Chris Terry, Jimmy Lindley, Jeff Moss and David Munn for their assistance with the arboretum. Councilman Scoggins recognized Mr. Stokes who stated that the department has put their new equipment in service and that the recent annexations have been scheduled for sanitation pick up. Councilman Newcomb asked Mr. Stokes for an update on the Spring Road median, and Mr. Stokes said Public Works is currently working on the landscaping and that Cobb D.O.T. will replace the dead trees. Mr. Stokes reminded citizens that this is the last month of leaf pickup. Councilman Hawkins recognized Ms. Edgar who encouraged citizens to participate in the City of Smyrna's direct debit payment program for water and sanitation services. Ms. Edgar stated that the budget process will begin in March. Councilman Cramer stated that there is some exciting, new developments being proposed for Ward 5 and reminded citizens to contribute to the Veterans Memorial Park. Councilman Lnenicka reminded citizens of the upcoming neighborhood meetings. Councilman Wood recognized Ms. Bennett who announced that the next study circle meeting will be held on Thursday, February 22' and that the schedule of events will be mailed in the March water bills. Councilman Wood recognized Mr. Seigler who presented the library statistics for January and stated that Stu Dorfman and Richard Kimble will be presenting programs in March. Mr. Seigler stated that volunteers are assisting citizens with their taxes on Wednesdays. Councilman Wood recognized Mr. Ciaccio who stated that the Campbell High School Alumni Association will hold a pancake breakfast and alumni baseball game on March 171, at the school. Mr. Smith stated that the new trees planted at Chuck Camp Park look wonderful and commended Lee Cook and his staff for his assistance with the improvements at Ward Park and Cobb Park. Mr. Ciaccio thanked Mr. Bruce Taylor, CHS volunteer, for his efforts at Ward Park. February 19, 2001 6 Councilman Cramer recognized Mr. Corey who welcomed Mr. Miller to the City of Smyrna and announced the current open positions. Mr. Corey urged employees to attend the free heart clinic at Emory Adventist on Thursday, February 22id. Councilman Lnenicka recognized Chief Williams who presented the annual report for the Smyrna Fire Department and stated that the fire department has began a program that focuses on educating senior citizens about fire safety. Chief Williams reminded citizens that outside burning is not allowed in the City of Smyrna. Councilman Lnenicka commended Chief Williams on the decrease in response time. Councilman Lnenicka recognized Chief Hook who stated that there are now five new Smyrna Police Department recruits in training school and that there is one experienced officer transferring to the Smyrna Police Department. Chief Hook announced the recent promotions in the Smyrna Police Department and the crime statistics for the year 2000. Councilman Hawkins asked if DUI education and penalties are causing the amount of ticketed DUIs to decrease, and Chief Hook said yes. Mayor Bacon stated that the City will hold the election for the Ward 1 Councilperson on June 19, 2001 because this is the first date for elections authorized by the State of Georgia. Mayor Bacon recognized Mr. Floyd Millis who asked that senior citizens be notified about the City's senior homestead exemption. ADJOURNMENT With no further busi , the meeting adjourned at 9:49 p.m. A. MAX BACON, MAYOR l . " �.Jn t� - ---- CHARLENE CAPILO TO, WARD 1 BILLS OGGINS, VV JACK CRAMER. WARD 5 CHARLES PETE WOOD, WARD 7 IS JOINERI, CITY CLERK ., J RON NEWCOMB, WARD 2 17,104V 4/-- AMES M. HAWKINS, WARD 4 CLERK'S CERTIFICATE The undersigned Clerk of the City of Smyrna, DOES HEREBY CERTIFY that the foregoing pages of typewritten matter pertaining to the issuance of Certificates of Participation in the Georgia Municipal Association Pool in the aggregate principal amount of $127,635,000, constitute a true and correct copy of the Resolution adopted on k hrun r Li i %, .2001 , by the City Council on behalf of Lessee in a meeting duly called and assembled, which was open to the public, and that the original of said Resolution appears of record in the Minute Book of the Lessee which is in the undersigned's custody _ and control. WITNESS my hand and the official seal of the Lessee, this j-q_day of e u art Al Clerk City of Smyrna — — - --- — [City Seall, RESOLUTION A RESOLUTION OF THE CITY OF SMYRNI HE "LESSEE"), AUTHORIZING, INTER ALIA, THE ANNUAL APPROPRIATION OF ALL AMOUNTS REQUIRED PURSUANT TO LESSEE'S PARTICIPATION IN THE POOLED LEASE PROGRAM SPONSORED BY GEORGIA MUNICIPAL ASSOCIATION. DATED: h r an rt j T WHEREAS, Lessee is participating in the Georgia Municipal Association, Inc. ("GMA") sponsored pooled lease program (the "Program") for the acquisition of equipment to be used by participating political subdivisions of the State of Georgia (the "Equipment"); and WHEREAS, pursuant to the Program, Lessee entered into (i) a Lease Agreement Dated as of December 1, 1990 by and between GMA and Lessee (the ".Lease") pursuant to which GMA leases the Equipment to the Lessee and (ii) an Administration and Servicing. ---Agreement initially dated as-December-1, 1990-(the "Servicing Agreement"), and subsequently amended, among First Union National Bank of Georgia, Atlanta, Georgia, as _ Y^, servicer (the "Servicer"), First,Union National.Bank_of Georgia, as Trustee, GMA and each - essee ai it at iri fifie grogram (inciudmg -l;esse ,pursuant tow is -Servicer services the collection and transmittal of payment for the Leases for GMA and transfers the moneys collected pursuant to the Servicing Agreement; and WHEREAS, certificates of participation ("Certificates") have been issued pursuant to a Trust Agreement dated as of December 1, 1990, by and between First Union National Bank of Georgia, as trustee ("Trustee"), and GMA evidencing undivided interests in the Lease payments; and WHEREAS, in connection with the issuance of the Certificates and the creation of the Program, (i) Municipal Bond Investors Assurance Corporation (the "Credit Facility Issuer") issued its financial guaranty insurance policy (the "Policy") and entered into the Reimbursement and Indemnity Agreement by and between the Credit Facility Issuer, The Trustee, the Servicer and GMA (the "Credit Facility Reimbursement Agreement"); (ii) Wachovia Bank ("Bank"), has agreed to purchase Certificates tendered pursuant to tender rights under the Trust Agreement in accordance with the terms of a Standby Purchase Agreement dated as of December 1, 1990, and subsequently amended, by and among the Trust, GMA, the Bank, the Servicer and the Tender Agent (the "Standby Purchase Agreement"); (iii) Chemical Bank serves as tender agent (the "Tender Agent") pursuant to a tender agent agreement dated as of December 1, 1990, and subsequently amended, by and among the GMA, the Trust, the Servicer, and the Tender Agent (the "Tender Agent Agreement"); (iv) BT Securities Corporation and at such time as specified in the Trust Agreement, Chemical Securities Inc., will serve as remarketing agents (referred to collectively hereafter as the "Remarketing Agent"), pursuant to a remarketing agreement dated as of December 1, 1990 by and among the Remarketing Agent, the GMA, the Tender Agent, the Trustee and the Servicer (the "Remarketing Agreement"); and WHEREAS, pursuant to the Lease Agreement, Lessee is required to appropriate annually the Minimum Annual Appropriated Amount set forth on Schedule A hereof- and WHEREAS, in order to give effect to, and comply with, the foregoing agreements and instruments, and in order to authorize payment of its obligations incurred thereunder (collectively, the "Program Obligations"), either (i) the Lessee has available to satisfy Program Obligations uncommitted and unappropriated funds in this current operating budget in an amount not less than the Minimum Annual Appropriated Amount as set forth in Schedule A or (ii) the Lessee must amend its current operating budget in accordance with Title 36, Chapter 36-81-5 of the Official Code of Georgia Annotated (the "Code") to authorize the payment of the Program Obligations; and WHEREAS, if required, in order to amend its current operating budget, the Mayor and Council of Lessee have heretofore taken the following actions, all in accordance with Title 36, Chapter 81 of the Code: (i) through the Lessee's budget officer, prepared a proposed amended budget providing for payment of Lessee's Program Obligations in accordance with the requirements of Code Section 36-81-5(b) (the "Amended Budget", a copy of which is'attached hereto as Schedule-B) which was previously submitted to the Mayor and Council of the Lessee, (ii) at the time of receipt of the Amended Budget from the Lessee's budget officer, placed a copy of the. -Amended Budget in a public place in the - L-essee,-whichpti66i is cony ment. to the resident's ofthe-Lessee _(iii) published a notice in - the official organ. of the Lessee advising residents of the Lessee that the Amended Budget is available for inspection; (iv) conducted a public hearing on the Amended Budget at least one week prior to the date hereof; and (v) taken all other action necessary to effect the foregoing; NOW, THEREFORE, BE IT RESOLVED, as follows: Section I. Confirmation and Reaffirmance of Program Obligations. The Lessee does hereby, confirm, ratify and reaffirm all the Program Obligations, including, expressly, the Lease and the Servicing Agreement. Section II. Appropriation: Amendment of Budget. In order to give effect to, comply with, and assume the liabilities associated with, the foregoing approvals, and authorize the expenditure of the amounts required to be expended pursuant to the Lease Agreement and the Servicing Agreement the Lessee does hereby adopt, ratify and approve the Amended Budget attached hereto as Schedule B or commit those portions of the current budget set forth on Schedule B to the payment of the Program Obligations and does hereby appropriate and commit moneys in an amount not less than the Minimum Annual Appropriated Amount to payment of Program Obligations for the current calendar year. Section III. No Personal Liabil�. No stipulation, obligation or agreement herein contained or contained in the Lease, the Trust Agreement, the Servicing Agreement, the Standby Purchase Agreement, the Tender Agent Agreement, the Remarketing Agreement, or the Credit Facility Reimbursement Agreement shall be deemed to be a stipulation, obligation or agreement of any councilman, chairman, officer, agent or employee of the Lessee in his or her individual capacity, and no such councilmember, chairman, officer, agent or employee of the Lessee shall be personally liable on the Certificates or be subject to personal liability or accountability by reason of the issuance thereof. Section IV. General Authority. From and after the execution and delivery of the documents hereinabove authorized, the Mayor and the Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable to document compliance with the Code. Section V. Actions Approved and Confirmed. All acts and doings of the officers of the Lessee which are in conformity with the purpose and intents of this Resolution shall be, and the same hereby are, in all respects approved and confirmed. Section VI. Severability of Invalid Provisions. If any one or more of the agreements or provisions herein shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or of the Certificates authorized hereunder. Section VII. Repea ing- __ ause. All -Resolutions or arts thereof the Ci - _ p ty of Smyrna in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section VIII. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED this ICl day of re-_ bru-n-c u . [CORPORATE SEAL] Attest: n Title: C t4 r k City of Smyrna Title: N( ci j C 2 SCHEDULE A 1. The City of Smyrna's pro-rata share of the principal amount of the Georgia Municipal Association Pool is $302,658.00. 2. The City of Smyrna's Minimum Annual Appropriated Amount for the year ending December 31, 2001 is $21,397.85, to wit: Basic Lease Payments due November 30, 2001 $19,234.02 Interest and Administrative Expense @ 11.25% $ 2,163.83 Total $21,397.85 SCHEDULE B BUDGET [To Be Supplied by Lessee] Attach either portions of existing budget indicating sufficient amounts or Amended Budget.