06212004 June 21, 2004 Attachments
June 21. 2004
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MOTION: Council Member Smith made a motion to revoke the privilege license for retail
pouring of beer for Hyung Tae Kim for El Pastor, 350 Pat Mell Road, to be effective
immediately. The motion was seconded by Council Member Newcomb. Motion was approved
7 -0.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11 :25 p.m.
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MELLENY PRITCHETT, WARD 1
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RON NEWCOMB, WARD 2
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CHARLES PETE WOOD, WARD 7
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Ordinance 2004-24
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 106, VEGETATION, ARTICLE II,
SEe. 106-30. GENERAL CRITERIA FOR THE DETERMINATION OF SPECIMEN
TREES OR STANDS OF TREES, (a) (1) c., BE AMENDED BY REVISING SAID
SECTION TO REFLECT AN INCREASE IN THE MINIMUM SIZE
REQUIREMENT FOR UNDERSTORY SPECIMEN TREES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Chapter 106, Sec. 106-30. (a) (1) c. be amended to read as follows:
"10 inch dbh - Small trees such as dogwoods, redbuds, sourwoods, etc."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date ofthis ordinance.
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Severability: Should any section of this Ordinar.ce 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 21st day of June, 2004.
Attest:
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A. Max Bacon, Mayor
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S an D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 62
Acres 2.2
2004-21
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 June 21,2004 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 21st
June, 2004
A. Max Bacon, Mayor
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~~~~;nE~er~
City of Smyrna
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Scott A. Cochran, CIty Attorney
City of Smyrna
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Ordinance No. 2004-21
Exhibit "A"
All that tract or parcel of land lying and being in Land Lot 62 of the 18th District, 2nd
Section, Cobb County, Georgia and being more particularly described as follows:
Beginning on the southeast side of Oakdale Road, at an iron pin located on the north side
of said Land Lot 62; running thence southwesterly along the southeasterly side of
Oakdale Road 150 feet to an iron pin; thence south 53 degrees east 400 feet to an iron
pin; thence north 25 degrees east 400 feet to an iron pin located on the north line of said
Land Lot 62; thence running west along the north original line of Land Lot 62 a distance
of 400 feet to the point of beginning on Oakdale Road, being part of Tract No. 45 ofthe
Chattahoochee Brick Company property, being improved property having a one-story
frame residence located thereon, and known as 5861 Oakdale Road, Mableton, Georgia,
according to the present system of numbering houses in Cobb County, Georgia.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 752
Acres 0.4
2004-22
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 June 21, 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 ofthe 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 21st
June, 2004
fi
A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk
City of Smyrna
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S~tt A. chran, City Attorney
City of Smyrna
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Ordinance No. 2004-22
Exhibit "A"
All that tract or parcel ofland lying and being in Land Lot 752 of the 1 ih District, 2nd
Section, Cobb County, Georgia and being more particularly described as follows:
Beginning at a point on the west side of Oakdale Road, said point being located four
hundred (400) feet south of the intersection of the west side of Oakdale Road with the
north line of Land Lot 752 being also the southeast corner of the Pressley property; and
running thence northwest along the southern line of the Pressley property, 170 feet to a
point and corner; thence south or southwest parallel with Oakdaie Road, ninety (90) feet
to a point and corner; thence south or southeast parallel with the Pressley property one
hundred and seventy (170) feet to the west side of Oakdale Road; thence northerly along
the west side of Oakdale Road, ninety (90) feet to the point of beginning.
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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 21 st
day of June, 2004.
(2) That it is my understanding that O.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 21st of June, 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. S50-14-4(b) that such an affidavit be executed.
This 21 st day of June, 2004.
Sworn to and subscribed before me
This 21st
day of June, 2004.
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