11012004 November 1, 2004 Attachments
November I. 2004
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A. MAX BACON, MAYOR
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'BILL SCOGGINS, WA 3
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CHARLES PETE WOOD, WARD 7
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SUSAN D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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MIC EL McNABB, WARD
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Resolution No. 2004-5
A Resolution by the Mayor and Council of the City of Smyrna,
Georgia, authorizing the Community Development Department to submit a
grant application to the State of Georgia for a Quality Growth Grant
Whereas:
The State provides funds to local governments to prepare
ordinances and regulations which promote growth preparedness,
sustainable development or other quality growth strategies. These
activities, which are funded through the State's Quality Growth
Grant Program, require a 100% local match; and,
Whereas:
The Community Development Department has prepared a grant
application to fund an update of the City's Zoning Code. If
approved, the grant would enable the City to create a new Land
Development Code to replace the existing Zoning Code
incorporating the City's existing requirements, while providing
additional standards for landscaping and innovative neo-traditional
zonings; and,
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Whereas:
The total estimated budget for the study is approximately $82,000
of which $15,000 will come from the FY 05-06 Community
Development budget and $27,000 will be provided as in-kind
contributions. The remainder of the costs would be funded by the
State.
Therefore:
Be it hereby resolved by the Mayor and City Council of the City of
Smyrna, Georgia that the Community Development Director is
authorized to proceed with the submission of said grant
application.
IN WITNESS THEREOF, this Resolution has been duly adopted
by the governing authority of the City of Smyrna, Georgia on the
1st day of November, 2004.
A. Max Bacon, Mayor
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ATTEST.' ./<-4l-tJl-/J J[) 'lO.ff.--ccr
Susan D. Hiott, City Clerk
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 673
Acres 7.542
2004-31
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 hearing on such on November 1,2004
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 1 st
November, 2004
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A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk
City of Smyrna
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sl.cbAttorney
City of Smyrna
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Ordinance No. 2004-31
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS
673 & 696 OF THE 171'1-1 DISTRICT, 2ND SECTION, OF COBB COUNTY AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF LEE
ROAD EXTENSION (HAVING A 30.' R/W) AND THE WEST RIGHT-OF-WAY OF
PINE RIDGE ROAD (HAVING A 30' R/W),
GO THENCE S87012'55"W A DISTANCE OF 155.36' TO A POINT;
GO THENCE N05036' 18"E A DISTANCE OF 81.71' TO A POINT;
GO THENCE N59011 '49"W A DISTANCE OF 139.03' TO A POINT;
GO THENCE S04007'56"E A DISTANCE OF 54.84' TO A POINT;
GO THENCE S87018'26"W A DISTANCE OF 196.34' TO A POINT;
GO THENCE NIl 045, 19"E A DISTANCE OF 43.18' TO A POINT;
GO THENCE S87021' 12"W A DISTANCE OF 158.34' TO A POINT;
GO THENCE SI1047'45"W A DISTANCE OF 150.29' TO A POINT;
GO THENCE S87020'30"W A DISTANCE OF 76.85' TO A POINT;
GO THENCE N04000'00"W A DISTANCE OF 630.63' TO A POINT;
GO THENCE N87006'23"E A DISTANCE OF 173.14' TO A POINT;
GO THENCE S58015'45"E A DISTANCE OF 105.74' TO A POINT;
GO THENCE S67012'22"E A DISTANCE OF 103.87' TO A POINT;
GO THENCE S74046'29''E A DISTANCE OF 100.13' TO A POINT;
GO THENCE S86023'36"E A DISTANCE OF 103.64' TO A POINT;
GO THENCE S77046'44''E A DISTANCE OF 96.91' TO A POINT;
GO THENCE S64001 '51"E A DISTANCE OF 83.70' TO A POINT;
GO THENCE S04018'58''E A DISTANCE OF 214.67' TO A POINT;
GO THENCE S04010'2TE A DISTANCE OF 182.73' TO A POINT;
GO THENCE S04013'27''E A DISTANCE OF 21.07' TO A POINT AND THE POINT
OF BEGINNING.
SAID TRACT CONTAINS 7.542 ACRES
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor 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 Mayor and Council held on the 1 st
day of November, 2004.
(2) That it is my understanding that O.C.G.A. 950-14-4(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 tile 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 ~ of November, 2004, which was closed for the purpose(s) of discussion oflegal
matters as allowed by O.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
O.C.G.A. 950-14-4(b) that such an affidavit be executed.
This 1 st
day of November, 2004.
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Mayor/Presiding Of cer
Sworn to and subscribed before me
This 1st
day of November, 2004.
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor 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 Mayor and Council held on the 1 st
day of November, 2004.
(2) That it is my understanding that O.C.G.A. 950-14-4(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 tile 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 st of November, 2004, which was closed for the purpose(s) of discussion of legal
matters as allowed by O.C.G.A., Title SO, 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
O.C.G.A. 9S0-14-4(b) that such an affidavit be executed.
This 1 st
day of November, 2004.
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Mayor/Presiding Officer
Sworn to and subscribed before me
This 1 st
day of November, 2004.
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