11172003 November 17, 2003 Attachment
November 17,2003
18
Mayor Bacon advised Mr. Han that the most important thing for El Pastor employees to know is
which customers can purchase alcoholic beverages and which customers cannot. Council
Member Newcomb stated the fact that identifications are checked at the entrance to El Pastor
suggests to him that this business is not really a restaurant. Mayor Bacon stated that the presence
of off-duty police personnel patrolling the area around the business is not consistent with what
one normally expects to find at a restaurant. Motion to table this appeal was approved 6 - O.
(Clerk's Note: Council Member Pritchett was not present at the time of the vote)
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Mayor Bacon recognized Mr. Scott Anderson, Sr., who commended Council Member Cramer for
his service as a council member to the residents of Ward 5.
Mayor Bacon stated the upcoming run-off election on November 25 is very important to the
future of the City. Mayor Bacon urged all the citizens to exercise their right to vote.
ADJOURNMENT:
e meeting was adjourned at 11 :04 p.m.
A. MAX BACON, MAYOR
J ,AlC
I
~il~~
CHARLES PETE WOOD, WARD 7
/~LOA) ^)~
RON NEWCOMB, WARD 2
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WADE S. LNENICKA, WARD 6
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AFFIDA VIT
,...
Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, A. Max Bacon, who after being duly sworn, deposes and on oath states
the following:
(1) I was the presiding officer of a meeting of the Council Meeting held on the 1 ih day
November, 2003.
(2) That it is my understanding that a.c.G.A. S50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 1 ih Day of November, 2003, which was closed for the purpose(s) of
discussion of legal matters regarding EI Pastor Show Cause Hearing as allowed by
a.c.G.A., Title 50, chapter 14, was devoted to matters within those exceptions and as
provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
a.c.G.A. S50-14-4(b) that such an affidavit be executed.
This 17th
day of November, 2003.
/~
Mayor A. Max Bacon
Sworn to and subscribed before me
This 17th day of November, 2003.
,..
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 632
Acres 0.62
2003-32
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified of the City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 17, 2003
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and ofthe citizens of the municipality; and
WHEREAS, at a regular meeting ofthe City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
~
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 17th day of
November, 2003. /~
A. Max Bacon, Mayor
--------
Susan . Hiott, City Clerk
City of Smyrna
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SC~ity~Y
City of Smyrna
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Ordinance 2003-32
Exhibit "A"
All that certain property situated and being in Land Lot 632 of the 1 ih District and 2nd
Section of Cobb County, Georgia, being Parcell, and more particularly described as
follows:
BEGINNING at the common intersection of Land Lots 631, 632,664, and 665, said point
being the POINT OF BEGINNING; thence southerly along the eastern lot line of Land
Lot 632 a distance of270 feet to a point; thence northwesterly a distance of 170 feet more
or less to a point; thence northerly a distance of 50 feet to a point; thence northeasterly a
distance of 192 feet to a point on the northern lot line of Land Lot 632; thence easterly
along the northern lot line of Land Lot 632 a distance of 61 feet to the POINT OF
BEGINNING.
Said tract or parcel containing 0.62 acres, more or less.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 562
Acres 0.32
2003-33
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified of the City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 17,2003
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
-
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 17th
November, 2003.
day of
.-P~
J
A. Max Bacon, Mayor
"
~D.~~
Sus n D. HIOtt, City Clerk
City of Smyrna
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J~
Scott A. ochran, City Attorney
City of Smyrna
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Ordinance 2003-33
Exhibit "A"
All that certain property situated and being in Land Lot 562 of the 1 ih District and 2nd
Section of Cobb County, Georgia, being Parcel 49, and more particularly described as
follows:
BEGINNING at the intersection of the western right-of-way of Reed Street with the
northern right-of-way of Hawthorne A venue; thence westerly along said right-of-way of
Hawthorne Avenue a distance of90 feet to a point, said point being the POINT OF
BEGINNING; thence continuing westerly along said right-of-way of Hawthorne Avenue
a distance of 100 feet to a point; thence northerly a distance of 140 feet to a point; thence
easterly a distance of 100 feet to a point; thence southerly a distance of 140 feet to the
POINT OF BEGINNING.
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I!"'-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 393
Acres 4.20
2003-20
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit" A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public meeting on such on November 17,2003
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
,,-.
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
" A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 17th
November, 2003.
A. Max Bacon, Mayor
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scoJ cock Attorney
City of Smyrna
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ORDINANCE #2003-20
Exhibit "A"
All that tract or parcel ofland lying and being in Land Lot 393, 17th District, 2nd Section,
Cobb County, Georgia and being further described as follows:
Beginning at an iron pin found at the southeast corner of Land Lot 393 and being located
at a point at the common corner to Land Lots 393, 394, 399 and 400; thence running
north 88 degrees 41 minutes 56 seconds west a distance of 632.81 feet to a one inch open
top pipe; thence continue north 09 degrees 17 minutes 49 seconds east a distance of
301.67 feet to a one inch open top pipe; thence continue south 88 degrees 47 minutes 02
seconds east a distance of 590.66 feet to a one inch open top pipe on the eastern boundary
of said Land Lot 393; thence continue along the eastern boundary of said Land Lot 393
south 01 degrees 15 minutes 59 seconds west a distance of 299.62 feet to an iron pin set
and the true point of beginning. Being further described as 4.20 acres according to plat of
survey prepared by Christopher A. Evans, GA R.L.S. 2784 of Gaskins Surveying &
Engineering Company, dated June 30, 2003.
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Revised October 3, 2003
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 381
Acres 7.96
2003-30
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified of the City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 17, 2003
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
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WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 17th day of
November. 2003. /~
A. Max Bacon, Mayor
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Gfl~o. ~
Susan D. Hiott, City Clerk
City of Smyrna
~~
Sc A. Cochran, City Attorney
City of Smyrna
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Ordinance 2003-30
Exhibit "A"
All that tracts or parcels of land lying and being in Land Lot 381 of the 17th District, 2nd section of
Cobb County, Georgia, and being more particular described as follows:
Commencing at a pOint formed by the intersection of the North right of way of Concord Road, and
the common land lot line formed by land lots 380 and 381; thence West along the common land
lot line formed by land lots 380 and 381 for an approximate distance of 729 feet to a point of
beginning;
,..
thence South 33 degrees 02 minutes 57 seconds East for a distance of 306.30 feet to a Point;
thence South 33 degrees 46 minutes 38 seconds East for a distance of 197.37 feet to a Point;
thence South 53 degrees 42 minutes 21 seconds West for a distance of 200.00 feet to a Point;
thence South 54 degrees 44 minutes 38 seconds West for a distance of 241.66 feet to a Point;
thence North 35 degrees 48 minutes 10 seconds West for a distance of 212.72 feet to a Point;
thence South 02 Degrees 02 Minutes 54 Seconds East for a distance of 35.67 feet to a point;
thence South 63 Degrees 53 Minutes 55 Seconds West for a distance of 235.81 feet to a point;
thence North 27 Degrees 07 Minutes 12 Seconds West for a distance of 100.37 feet to a point;
thence North 26 Degrees 06 Minutes 23 Seconds West for a distance of 65.31 feet to a point;
thence North 14 Degrees 51 Minutes 12 Seconds West for a distance of 36.10 feet to a point;
thence North 23 Degrees 30 Minutes 26 Seconds West for a distance of 123.27 feet to a point;
thence North 26 Degrees 45 Minutes 16 Seconds West for a distance of 76.78 feet to a point;
thence North 32 Degrees 08 Minutes 17 Seconds West for a distance of 63.83 feet to a point;
thence North 80 Degrees 12 Minutes 29 Seconds East for a distance of 406.58 feet to a point;
thence North 01 Degrees 38 Minutes 25 Seconds West for a distance of 152.10 feet to a point;
thence North 88 Degrees 30 Minutes 00 Seconds East for a distance of 221.91 to the Point of
Beginning;
Tract containing 7.96 acres more or less.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 632
Acres 2.07
2003-24
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified of the City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 17,2003
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
JlIIIlIIIa
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 17th
November, 2003.
day of
.-P~~
A. Max Bacon, Mayor
~D.~
Su an D. Hiott, City Clerk
City of Smyrna
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Ordinance 2003-24
Exhibit "A"
All that certain property situated and being in Land Lot 632 of the 1 ih District and 2nd
Section of Cobb County, Georgia, being Parcels 53,86, and 87, and more particularly
described as follows:
BEGINNING at the intersection of the northern right-of-way of Spring Street with the
eastern lot line of Land Lot 632; thence northerly along said lot line of Land Lot 632 a
distance of 400 feet more or less to a point, said point being the POINT OF
BEGINNING; thence continuing northerly along the eastern lot line of Land Lot 632 a
distance of 330 feet to a point; thence westerly a distance of 200 feet to a point on the
eastern right-of-way of Mildred Place; thence southerly along said right-of-way of
Mildred Place a distance of 40 feet more or less to a point; thence westerly a distance of
210 feet to a point; thence southeasterly a distance of 110 feet more or less to a point;
thence southeasterly a distance of 120 feet to a point on the western right-of-way of
Mildred Place; thence easterly a distance of 50 feet to a point on the eastern right-of-way
of Mildred Place; thence southerly along the eastern right-of-way of Mildred Place a
distance of 40 feet more or less to a point; thence easterly a distance of 190 feet to the
POINT OF BEGINNING.
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RESOLUTION
A RESOLUTION OF THE CITY OF SMYRNA, GEORGIA, CREATING THE
ATLANTA ROAD CORRIDOR REDEVELOPMENT AREA AND TAX
ALLOCATION DISTRICT NUMBER ONE - ATLANTA ROAD CORRIDOR;
DESIGNATING THE BOUNDARIES OF THE REDEVELOPMENT AREA AND
T AX ALLOCATION DISTRICT; ESTABLISHING THE TAX ALLOCATION
INCREMENT BASE FOR THE TAX ALLOCATION DISTRICT; ADOPTING A
REDEVELOPMENT PLAN FOR THE AREA; ESTABLISHING THE INTENT
TO ISSUE AND SELL TAX ALLOCATION BONDS NECESSARY TO
EFFECTUATE THE REDEVELOPMENT OF THE AREA; AUTHORIZING THE
CITY OF SMYRNA DOWNTOWN DEVELOPMENT AUTHORITY TO ACT AS
THE REDEVELOPMENT AGENT TO IMPLEMENT THE REDEVELOPMENT
PLAN PURSUANT TO THE REDEVELOPMENT POWERS LAW; AND FOR
OTHER PURPOSES.
WHEREAS, the Redevelopment Powers Law (O.C.G.A. S 36-44-1 et seq.) provides for
the establishment of redevelopment powers and the creation of redevelopment plans and tax
allocation districts by counties and municipalities in the State of Georgia; and
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WHEREAS, the purpose of the Redevelopment Powers Law is to improve economic and
social conditions within substantially underutilized and economically and socially depressed
urban areas that contribute to or cause unemployment, limit the tax resources of counties and
municipalities while creating a greater demand for governmental services, and have a deleterious
effect upon the public health, safety, morals and welfare; and
WHEREAS, it is in the public interest of the City of Smyrna that the Redevelopment
Powers Law be exercised to improve economic and social conditions of the Atlanta Road
Corridor Redevelopment Area in order to abate or eliminate deleterious effects of its current
depressed and underutilized state; and
WHEREAS, the City Council of the City of Smyrna (the "Council") finds that the
Atlanta Road Corridor Redevelopment Area suffers from blighted and underdeveloped land
characteristics that contribute to or cause unemployment, limit the tax resources of the City and
County while creating a greater demand for government services, and in general have a
deleterious effect on the public health, safety, and welfare; and
WHEREAS, the Council finds that the Atlanta Road Corridor Redevelopment Area is
substantially underutilized by containing a substantial number of structures and buildings of
relatively low value compared to the value of other structures and buildings in the vicinity and
that the current condition of the area is less desirable than the redevelopment of the area for new
retail, commercial, residential, office, and other uses, including the provision of pedestrian and
transportation improvements; and
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WHEREAS, adoption of the Atlanta Road Corridor Redevelopment Plan and creation of
the Atlanta Road Corridor Tax Allocation District (the "Atlanta Road Corridor TAD") is
A TLANT A:4591802. ]
_ necessary to assure that Smyrna maintains commercial and economIC vitality that IS
commensurate with the region; and
WHEREAS, the City of Smyrna has designated the City of Smyrna Downtown
Development Authority (the "Authority") as its Redevelopment Agency pursuant to O.C.G.A. S
36-44-1 et seq.; and
WHEREAS, the Authority has prepared a Redevelopment Plan for the Atlanta Road
Corridor Redevelopment Area pursuant to a.c.G.A. ~ 36-44-3(9); and
WHEREAS, the Council desires to adopt the Atlanta Road Corridor Redevelopment
Plan and create Tax Allocation District Number One -- Atlanta Road Corridor.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SMYRNA, GEORGIA
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Smyrna finds and declares that the Atlanta Road Corridor
Redevelopment Area has not been subject to growth and development through private enterprise
and would not reasonably be anticipated to be developed without the approval of the Atlanta
Road Corridor Redevelopment Plan (the "Redevelopment Plan").
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Section 2. The City of Smyrna finds and declares that improvement of the Atlanta
Road Corridor Redevelopment Area is likely to enhance the value of a substantial portion of
other real property in the district.
Section 3. The City of Smyrna adopts the attached Redevelopment Plan, prepared by
the Authority, as the Redevelopment Plan for the aforesaid area pursuant to the Redevelopment
Powers Law.
Section 4. The City of Smyrna creates Tax Allocation District Number One --
Atlanta Road Corridor (the "Atlanta Road Corridor TAD") pursuant to the Redevelopment
Plan and the Redevelopment Powers Law.
Section 5. Tax Allocation District Number One -- Atlanta Road Corridor is hereby
created as of December 31, 2003, and shall continue in existence until all redevelopment costs,
including financing costs and debt service on tax allocation bonds, are paid in full.
Section 6. The City of Smyrna hereby establishes the estimated Tax Allocation
Increment Base of $29,279,178. The property taxes to be used for computing tax allocation
increments are specified in the attached Redevelopment Plan and incorporated herein by
reference.
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Section 7. The City of Smyrna designates the Authority to serve as its redevelopment
agent to implement the provisions of the Redevelopment Plan and to effectuate the
redevelopment of the Atlanta Road Corridor Redevelopment Area pursuant to the
Redevelopment Plan and the Redevelopment Powers Law.
A TLANT A:4591802.\
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Section 8. The City of Smyrna intends, if practical, to authorize the issuance of tax
allocation bonds and such other redevelopment bonds as may be necessary to implement
provisions of the Redevelopment Plan as adopted by the Council.
Section 9. In the event that tax allocation bonds or other redevelopment bonds are
issued pursuant to the Redevelopment Plan, the Council authorizes the use of the proceeds of
such bonds by the Authority and the City of Smyrna for any and all eligible uses including,
without limitation, costs of issuance of the tax allocation bonds; capital costs of public and
private improvements, including but not limited to streets, bridges, utilities, storm and sanitary
sewers, parks, parking facilities, sidewalks and streetscapes; professional services costs,
including fees for architectural, engineering and environmental services; and such other uses
deemed necessary pursuant to provisions of the Redevelopment Plan and the Redevelopment
Powers Law.
Section 10. The property proposed to be pledged for payment or as security for
payment of tax allocation bonds will include the positive ad valorem tax allocation increments
derived from Tax Allocation District Number One -- Atlanta Road Corridor.
Section 11. All resolutions and parts of resolutions in conflict with this Resolution are
hereby repealed to the extent of such conflict.
Approved by Mayor and Council this 17th day of November, 2003.
"...
Attest:
A. Max Bacon, Mayor
~D.~
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
JAz--
Scot A. Cochran, City Atto~
City of Smyrna
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A TLANT A:459] 802.1
r
" 'NSOLIDATED MUNICIPAL/COUNTY CEHTIFICATION OF U.ETURNS FOR:
( ) SPECIAL ELECTION
( vfGENERAL ELECTION
( ) RUNOFF ELECTION
Mt/C:~/{k'7( u: o/Od 3
--- J'
Date .,
~/& ~:/~1L/~;(/~
jJ~.I-r.;~. ii~:~1 ii~iCo 1111 t yT-
0a,6,6 av-</7i
Jllsfruc!iOIlS: Prepare alld (Jrilll (4) copit's of llle Elertioll SlllllllJar)' (cOIIIII)' l'tlllsolidall'd \OIl' lolals IT(Jorllllat is gelleraled b)' GEI\IS).
Alwch copies of this t""lsolidaled culilkalioll rl'JlOrl as /i,lIolls:
I. White sheet is attlldled 10 E1ertioll SUllllllalj' alld n'lur/ll'd 10 SelTdar)' of' Slall'.
2. Yellow sheet is attadled to Elel'lioll SUIIUllal"Y alld IlIailllailll'd hy SlIpedlllt'lHll'lI1.
J. l'il;/< sheet is allaclled 10 EIl'l'lioll SUllllllary alld ,Sl'lIt 10 C'lt'dl of Superiol' COlli."
4. (;oldelln/d Copy is attaclll'd 10 EIl'l'Iioll SUllllllal'Y alld illll/ll'cliatl'ly posll'd at Il1l' ('ify I'all (dly) 01' ('oUl"ll1ouSl' (COllllt)')
EI.ECTION S'II\II\IAH\' MUST BE AnAI'llIm To TillS FOI{I\I
WIUTE-IN VOTES: Ret.:onl totallllllllhel' of votes I'et.:cived hy all (llIalified write-ill nllldidates.
Votes ret.:onJed hel'e mol' the "Tite-ill totals "null Dired J{l't.:ol'd Elt-d rollk 1\ ladlilll's alld Optical
St.:all Ahselltee/Provisiollal Ballots.
,..
WRITE-IN CANDIDATES
(Insert Titles of Oflkes and
Namcs of Calldidates)
Insert Vote Totals 011 Blanks Below:
---~_..._----_._----.._----- -----.-.
Votl'S
____~__ Votes
VOtl'S
VOtl's
Votes
Votes
Votes
-----_.~- ---~._-------------
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,
We, the 1I11dersiglled Supel"illtelldellt of Elediolls alld his/hel' Assistmlts, do joilltly allll
severally t.:ertify that the aUat.:hed Eledioll SUIllIlUII'y is u true alld t.:olTed t.:ount of the
votcs t.:ast in this City/COUllty, and that the u!Jovc listcd Write-In Vot.cs t.:ollstitute all
votes t.:ast for qualified Write-Ill Candidatcs 011 Direct RCt.:ord Elcctrollic Mat.:hillcs
and Optical St.:an A hselltecJPl'Uvisiollal Bullots. In TESTIMONY 'VJlEl~EOI'~ We have
h~.,:unto set OUI' hallds an~l.se~lIs this 7 day of 11ttJV'c){~-~ .:...1~ SU;NEl> IN
QrADRUPLlCA' , J '-,_
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JRM# CR.SCM.IJHE-lJ).C
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Election Summary Report
.'
Municipal General Election
Summary [701' Smyrna, All Counters, City or Smyrna
OFFICIAL RESULTS
Date: 11/07/03
Timc: 10:29: 10
Page: I of I
MA YOR OF SMYI{NA I
Total
-- ~~----- --- ----------~--- ---- - - - -- ----
~~~~ili~~:_.~,==cOC"zw~="~=~.,=,===~~~~,.,.'c......".".~~:L:.~
CITY COUNCIL WARD I . ~
Total I
M. PRITCHETT 153 %.23'X,'
Write-III VolCS (, 3.77% I
~. .......-- ~__~~____''-_________ .... -~-r-"I"'",-".""" ..__.._.....__.....__9. .--
~~r::><:'I ~ .~.-'" _..~_...~.......,.....................~~~............_~,........__:J.1.:'."""'~_'~._~"'",,"""""'~~mr.=.
CITY COUNCIL WARt) 2
l.J'dUll;A[~.r-~~!;.I'.i.~~.-:w ;'.i'~ ~.:....:.:_.l. .: ~'i.. J... .~.-' .-.jU':':.. i,'i:';W..I;J;:""';"L.'\..:':"J.___\J.!..-':~ :,b.,.... .j:, I~" ". J'...,. ._'...
RON NEWCOMB
Write-ill Voles
Total \]
229 98.71'Yo:
3 1.29% :
.. . .~. ." -', . - ..'.-.. .-, \'" .... ." .'
...,.'....-.\.. ..._'.._.L ._"..);A,:\:,<-_,:,~",,,,_,\,,,"~II ....'1...-
CITY COUNCIL WARD J
JEAN AARON
13ILL SCOGGINS
Write-in Votes
Total
Ib2
273
o
J 7 .24t~~) I
62.76% ,
0.00%;
,...
~']::..:..~...u~...r,.~-...a.:....r~~".~:'_'''''~I' ( c,. ~... ..._."U.;.'"...i.~.u...:."...:,_.,..~.~'.:.).~'""~..-A..,'.l_.,,.
.~'.,:",... ~~:, _~.:.. .;.:..:..:li'l;;:.:..;:-,....;.:.,l.... .:'..: -........... :;;
~------------_.._---~--_.._---_._--
u______~~L__: I
1.1 1.5.1'~;, I J
(0) ) I 51'" ' I
0..... ..... ,0 j
2')H J5.220Al' I
19X 2J,40% I
II-I 13,48%:.1
41 4.85% i
.
0- __(!~~;~, _ !
CITY COUNCIL WARD 4
(JON C!lEEK
!lOW ARD MARTIN
MIKE McNABB
!lOW ARD SMITIl
PAULA WEEKS
MARK WOODS
Writc-in Votcs
_____0_0 _.... ____.__ -'-'---'-
.. .....6000_......-:..../......._--...... ...............
JACK SIIINALL
JIMMY SMIT!I
Writc-in VolCS
Total
222
2.1')
I
, I
:J
47.03%.1
52.75%'1
().2 1 \~" I
CITY COUNCIL WARD 5
------------------.' ..
........-;......../.;,..~_........,h~t.... __.~';.._.l...l._'_'_"
___ ..._._____ ______'n_______ ,
~.' . ........-..- ,--.-.... ~~ .. .
CITY COUNCIL WARD 6
WADE LNENICKA
FLOYD MILLIS
Write-ill Votcs
Total
541
2.18
o
(,8.57% ;
J 1 ..I J'~;, ,
O.()O'~;) :
oJ ....4t.:r:::J.~.-:=i~:_~l:l..:=.i:l':...:-' - ,..- .-~":.',-', .-,':.
-'.-7 -"-'-" -.--....,.---.----.
.,..or,,,.'. ...1........
----.'-'--" ~-._._..~----~.
. .. .... . . . .. ~ .... ... ".-
'I
Total "
258 2J.98% 'j
118 IO.970/0!
700 65.06'1'0 i
() o. OO'~-o i
~.__._-_._-,.. rr-1-.-----~
,~:.".~..,....6l>Jf...~.....""._...~...,; -.l.-J..~ '
CITY COUNCIL W AIUJ 7
,...:
GARRY OSBORNE
R. REED-I1ARRIS
PETE WOOD
. Write-in Votes
~~~:~.~~~{~lccfry/i1=:/I' .
~ .. :r~L
.. ,"--.'. ,,,'
. "
I. J\
ORDINANCE No. 2003-35
"....
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE
CODE OF ORDINANCES, CHAPTER 106 - VEGETATION, ARTICLE II, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 106-29 TO PROVIDE
FOR A DEFINITION OF PUBLIC TREE; AND BY THE ADDITION OF SECTION 106-
40.1 AND SECTION 106-52 TO PROVIDE FOR THE PROTECTION AND CARE OF
PUBLIC TREES AND CREATION OF A CITY TREE BOARD; AND BY AMENDING
SECTIONS 106-28 AND 106-51 TO CLARIFY PROVISIONS FOR TREE
MAINTENANCE AND CERTAIN EXEMPTIONS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Chapter 106, Article II, of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such Chapter shall read as follows:
Section 106-28 - Exemptions shall be amended to read as follows:
"(a) (1) The removal of trees from single-family or duplex lots of less than two acres in size."
~ Section 106-29 Definitions shall be amended by the addition of the following definition:
"Public Tree - A tree located on City property including, but not limited to, City street rights-of-way, buildings,
parks and cemeteries."
Section 106-40.1 Protection and care for public trees shall be added as follows:
"( 1 ) The city shall have the right to plant, maintain, prune, and remove trees, shrubs, and plants within the
rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other City grounds,
as may be necessary or desirable to insure public safety, to preserve tree health, and to maintain and increase
tree canopy cover.
(2) All trees growing on city property shall be protected from damage to the crown, trunk, and roots. It shall be
unlawful for any person to engage in any activity on private property that directly or indirectly adversely affects
the health, safety, or condition of a tree on city property. Furthermore, active tree protection measures, as
described in this chapter, shall be undertaken by the person engaging in any such activity to protect each
affected tree's roots, trunk, crown, and critical root zone, from damage. If a person damages, destroys, or fails to
protect a city tree, the city may require the person responsible for the damage to pay a fine equal to the appraised
value of the tree, the cost of repairing the damage, and/or the cost of restoring the site to its original condition or
as near as possible to its original condition.
Ordinance 2003-35
be runed or removed any city tree or part thereof which is in an
(4) The ci~ ~ay prun~, remove or caus~:~oca:on or condition is' or may be injurious to sewers, wa~er lines,
unsafe condltlo~ or whlc~ by reasohn of I bl' . ments or is infested with any injurious fungus, msect, or
electric power hnes, gas hnes, or ot er pu IC Improve ,
Ordinance 2003-35
--
(4) The city may prune, remove or cause to be pruned or removed, any city tree or part thereof which is in an
unsafe condition or which by reason of its location or condition is or may be injurious to sewers, water lines,
electric power lines, gas lines, or other public improvements, or is infested with any injurious fungus, insect, or
other pest."
Section 106-51- Tree Maintenance shall be amended by the addition of the following paragraph:
"A two year tree maintenance bond shall also be required for any work within public rights-of-way or utility
easements. This bond shall be equivalent to the restoration cost associated with all existing trees and shall be
furnished to the City. This bond may be released by the City within two years after the work is completed
provided trees are certified to be in good condition by the Community Development Director or his/her
designee."
Section 106-52 - Tree Board shall be added as follows:
"( 1) A Tree Preservation Board (hereinafter referred to as the "Board") is hereby established to advise the
Mayor and Council on matters pertaining to the preservation of trees and conservation of tree canopy cover
within the City and to take instruction from the Mayor and Council regarding such issues.
(2) The Board shall consist of eight (8) members who shall be appointed by the Mayor and Council. They shall
serve without compensation.
~ (3) A Chairman and Vice-Chairman shall be elected by the Board from among the Board members.
Nominations for these positions shall be submitted to the Board annually at least ten (10) working days and not
more than thirty (30) working days prior to the first meeting of each calendar year. Elections shall be held at the
first meeting of each calendar year, at which time the term of office shall begin.
(4) A Secretary elected by the board from among the board members shall maintain records of the Board's
proceedings and assist the City Clerk with dissemination of information, public awareness, and such other
administrative duties as may be assigned by the Board.
(5) The term of office for each member of the Tree Preservation Board shall be four (4) years.
(6) In the event that a vacancy occurs during the term of any member, his or her successor shall be appointed by
either the Mayor or Council. The Chairman of the Tree Preservation Board shall recommend to the Mayor and
Council that a replacement be appointed for any member who fails to perform hislher duties.
(7) A majority of the members of the Board shall constitute a quorum.
(8) The Tree Preservation Board shall meet not less frequently than quarterly and shall establish rules and
regulations for its operation consistent with the provisions of this chapter."
,-
2
Ordinance 2003-35
--
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of
the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not affect the
validity of the Ordinance as a whole or any part thereof which is not specifically declared to be
invalid or unconstitutional.
Approved by Mayor and Council this 17th day of November, 2003.
Attest:
A. Max Bacon, Mayor
-
~f)~/
Su an D. Hiott, City Clerk
City of Smyrna
Approved as to form:
J ---JIh- -
Scott A. Cochran, City Attorney
City of Smyrna
-
3