02172003 February 17, 2003 Attachment
February 17,2003
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A. MAX BACON, MAYOR
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CHARLES PETE WOOD, WARD 7
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SUS N D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
WADE S. LNENICKA, WARD 6
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RESOLUTION
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WHEREAS, the mayor and council of the City of Smyrna find that the public
health, safety, welfare, and property values of the public in general are directly impacted
by the number, location, size, and height of signs located in the City of Smyrna; and
WHEREAS, the mayor and council of the City of Smyrna find that signs provide
an important medium through which individuals may convey a variety of messages both
noncommercial and commercial; and
WHEREAS, the mayor and council of the City of Smyrna find that unless signs
are properly regulated, signs can become a threat to the public safety as a traffic hazard;
and
WHEREAS, the mayor and council of the City of Smyrna find that unless signs
are properly regulated signs can have a detrimental effect to property values and the City
of Smyrna's overall public welfare and aesthetics; and
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WHEREAS, the mayor and council of the City of Smyrna find that recent court
rulings have had an adverse impact on certain of the City's current sign regulations and
the mayor and council of the City of Smyrna find that these impacts constitute an
emergency; and
WHEREAS, the mayor and council of the City of Smyrna find that a study
concerning signs and the City of Smyrna's Sign Ordinance is necessary to determine an
appropriate and constitutional level of regulation; and
WHEREAS, the mayor and council of the City of Smyrna find that it is within the
interest of the general public to maintain the status quo of signs and sign structures within
the City of Smyrna for a temporary, limited period of time in order to permit the City to
address its ordinance affected by the recent court rulings;
NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED BY
THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA AS FOLLOWS:
The legal counsel for the City of Smyrna is directed to review the City's sign
ordinance related to the regulation of signs, and to develop and propose constitutional
sign regulations for the adoption by the Mayor and Council of the City of Smyrna as soon
as possible; and
That the erection of any signs within the limits of the City of Smyrna shall not be
permitted from February 17,2003 through and including March 3, 2003; and
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That neither the City of Smyrna nor any of its departments shall accept or process
any applications for building permits, sign permits, or other types of permits for the
erection of signs from February 17,2003 through and including March 3,2003; and
That the provisions of this Resolution are severable, and should any part of this
Resolution be deemed by a court of competent jurisdiction to be invalid, such invalidity
shall not affect the validity of the Resolution as a whole, or any part thereof other than the
part declared to be invalid. tA---
APPROVED AND ADOPTED THIS /1 DA Y OF FEBRUARY, 2003.
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A. Max Bacon,
Mayor
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ATTEST,Qf~D. ~
Susan D. Hiott, City Clerk
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 490
Acres 0.562
2003-7
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 February 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 17t
February, 2003.
A. Max Bacon, Mayor
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City of Smyrna
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Scott A. Cochran, CIty Attorney
City of Smyrna
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ORDINANCE 2003-7
"Exhibit A"
All that tract or parcel ofland lying and being in Land Lot 490 of the I ih District, 2nd Section of
Cobb County, Georgia, containing 0.562 Acres (24,490 square feet) and being more particularly
described as follows:
Beginning at the northeast intersection of Dixie A venue and Belmont Avenue, and running thence
North 10 degrees 36 minutes 51 seconds West along the east right-of-way of Dixie Avenue a
distance 77.15 feet to an iron pin; thence continue running North 09 degrees 19 minutes 16
seconds West along the east right-of-way of Dixie Avenue a distance of63.90 feet to an iron pin
and the northwest property corner; thence running North 71 degrees 05 minutes 56 seconds East a
distance of 164.10 feet to an iron pin and the northeast property corner; thence running South 03
degrees 10 minutes 44 seconds East a distance of 169.92 feet to an iron pin and the north right-of-
way of Belmont Avenue; thence running South 73 degrees 48 minutes 49 seconds West along the
north right-of-way of Belmont Avenue a distance of 124.25 feet to an iron pin; thence running
North 60 degrees 45 minutes 09 seconds West along a right-of-way chamfer a distance of23.79
feet to an iron pin and the point of the beginning.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2003-5
Land Lot 274, 303, 304
Acres 47.523
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 100 percent of the land described in Exhibit "A"
attached hereto have been notified ofthe 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 February 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
February, 2003. 0' '-7 .-, ,/?/
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A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk
City of Smyrna
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Scott A. Cochran, CIty Attorney
City of Smyrna
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ORDINANCE 2003-5
EXHIBIT A
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in Land Lots 274, 303 and 304 of the ] 7'h District, 2nd
Section, Cobb County, Georgia, containing 47.523 acres and being more particularly described as
follows:
BEGINNING at an iron pin at the southeast corner of Land Lot 303 and the northeast corner of Land Lot
303 and the northeast corner of Land Lot 304 (said iron pin also being on the westerly right of way line of
Old Concord Road) (right of way varies); thence along the said westerly right of way line of Old Concord
Road and the easterly line of Land Lot 304 South 0 I degree 53 minutes 04 seconds East a distance of
681.38 feet to a nail on the northeasterly line of a 50 foot right of way of Smyrna - Powder Springs Road;
thence leaving said right of way line of Old Concord Road and easterly line of Land Lot 304 and along
the said northeasterly right of way line of Smyrna - Power Springs Road along the arc of a curve to the
right a distance of 566.11 feet (chord Bearing North 53 degrees 36 minutes 04 seconds West, chord
distance of 561.93 feet, radius 1,342.62 feet) to a point; thence continuing along said right of way line
North 38 degrees 20 minutes 07 seconds West a distance of 78.43 feet to a point; thence along the arc ofa
curve to the left a distance of 254.78 feet (chord bearing North 54 degrees 06 minutes 26 seconds West,
chord distance of 250.26 feet, radius 389.33 feet) to an iron pin; thence leaving said right of way line
North 00 degrees 24 minutes 00 seconds East a distance of 144.08 feet to a nail on the northerly line of
Land Lot 304; thence along said Land Lot Line North 89 degrees 36 minutes 00 seconds West a distance
of 655.00 feet to an iron pin at the Land Lot Comer common to Land Lots 273, 274, 303 and 304; thence
along the South line of Land Lot 274 South 85 degrees 46 minutes 00 seconds West a distance of 38].33
feet to an iron pin on the southeasterly right of way line of Benson Pool Road (right of way varies);
thence along said right of way line along the arc of a curve a distance of 190.67 feet (chord bearing North
21 degrees 06 minutes 19 seconds East, chord distance of 190.66 feet, radius 5,945.40 feet) to a point;
thence continuing along said right of way line North 18 degrees 45 minutes 42 seconds East a distance of
5] 7.39 feet to a point; thence along the arc of a curve to the right a distance of 302.04 feet (chord bearing
North 24 degrees 35 minutes 27 seconds East, chord distance of 30] .85 feet, radius 2,467.25 feet) to an
iron pin; thence South 61 degrees 54 minutes] 5 seconds East a distance of 4.89 feet to an iron pin; thence
North 27 degrees 02 minutes 46 seconds East a distance of 22.00 feet to a point; thence along the arc of a
curve to the right a distance of 248.88 teet (chord bearing North 3 I degrees 59 minutes 0 I second East,
chord distance of 248.55 feet, radius 1,395.57 feet) to a point; thence North 37 degrees 05 minutes 33
seconds East a distance of 31.74 feet to an iron pin; thence North 61 degrees 17 minutes 24 seconds East
a distance of 74.02 feet to an iron pin on the southerly right of way line of Windy Hill Road (right of way
varies); thence leaving said right of way line of Benson Pool Road and along the said right of way line of
Windy Hill Road North 88 degrees 3] minutes 12 seconds East a distance of 1,062.24 feet to an iron pin;
thence South 47 degrees 3] minutes 37 seconds East a distance of 37.81 feet to an iron pin on the
westerly right of way line of Old Concord Road; thence leaving said right of way line of Windy Hill Road
and along said right of way line of Old Concord Road South 01 degree 25 minutes 39 seconds East a
distance of ] 04.59 feet to an iron pin; thence continuing along right of way line North 88 degrees 25
minutes 39 seconds East a distance of 2.00 feet to an iron pin on the easterly line of Land Lot 303; thence
continuing along said right of way line and Land Lot Line South 0 I degree 34 minutes 2] seconds East a
distance of ],] ] 0.22 feet to an iron pin at the southeast comer of Land Lot 303 and the point of
BEGINNING.
Z:\Annexation 2003\LL 274,303.304 Hickory Lake 1.P\#571478 v I - Ixhibit A for Hickory Lake.doc
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ORDINANCE No. 2003- 10
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC
BEVERAGES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY
REVISING SECTION 6-118 OF SAID CODE, PROVIDING THAT A
REDUCTION IN THE MINIMUM DISTANCE REQUIREMENT FOR
PACKAGE WINE AND MALT BEVERAGE SALES IN THE SMYRNA
CENTRAL DOWNTOWN AREA BE INCLUDED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Section 6-118 of the Code of Ordinances, Distance from certain
locations, of the City of Smyrna, Georgia, be amended by the addition of
paragraph (b) (7) to read as follows:
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"Within the area defined as Smyrna Central Downtown, a license for
package wine and malt beverages, a suitable distance shall be 300 feet from
a church, and no distance requirement from a residence, park, public
building, or library."
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.
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ORDINANCE No. 2003- 10
Approved by Mayor and Council this 17th day of February, 2003.
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Attest:
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Susan D. Hiott, City Clerk
City of Smyrna
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Approved as to form:
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A. Max Bacon, Mayor