03072005 March,7 2005 Attachments
March 7. 2005
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A. MAX BACON, MAYOR
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BILL COGGINS, D 3
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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 OF CITY OF SMYRNA
~HEREAS, the City of Smyrna, through its Mayor and Council has deemed it necessary
to acquire property to be used for parks and recreation facilities, and;
WHEREAS, the City previously authorized the acquisition of the property herein
described, and;
WHEREAS, an action seeking to acquire said property through the use of eminent
domain is pending in the Superior Court of Cobb County;
IT IS HEREBY RESOLVED THAT
The City of Smyrna reaffirms the authorization for the acquisition of property described
as Tract 1 on a survey for the City of Smyrna dated April 24, 1996, prepared by Welker &
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Associates, Inc., as shown on Exhibit "A" attached hereto and incorporated herein by reference.
IT IS FUTHER RESOLVED, that said property may be acquired by any lawful means
including eminent domain for the public purpose of parks and recreation facilities.
IT IS FURTHER RESOLVED that all actions taken by the Condemnor or its counsel in
the case of City of Smyrna v. American Legion. Smyrna. Georgia. Post 160. Inc..et aI, Civil
Action File No. 05-1-01440-99, pending in the Cobb County Superior Court are approved,
authorized and ratified.
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7th day of March, 2005.
ade . Lnemcka, ard
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Charles Pete Wood, Ward 7
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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 7th
day of March, 2005.
(2) That it is my understanding that O,C.G.A. ~50-14-4(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 ofthe 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 7th of March, 2005 which was closed for the purpose(s) of discussion of legal
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. ~50-14-4(b) that such an affidavit be executed,
This 7th
day of March. 2005.
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Sworn to and subscribeJ'~fore Jile~I~",'"
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Mayor/Presiding Officer
This 7th
day of March. 2005.
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No ary Public
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