04182005 April 18, 2005 Attachments
April 18, 2005
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County came to the City for a site visit to obtain ideas for redevelopment. Mayor Pro Tern
Lnenicka stated he is honored that U. S. Treasury Secretary Anna Cabral visited the City for a
town hall meeting about Social Security reform, and thanked the Library staff and the Friends of
the Library for hosting this visit. Mayor Pro Tern Lnenicka provided details to those present
concerning water and sewer infrastructure improvements under construction in Ward 6. Mayor
Pro Tern Lnenicka provided details to those present regarding another congressional redistricting
plan which was introduced during the recent session of the Georgia General Assembly. Mayor
Pro Tern Lnenicka stated that a work session of the city council which began earlier this evening
will continue after this meeting.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:02 p.m.
A. MAX BACON, MAYOR
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. SU AND. HIOTT, CI~ CLERK
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MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2
(fL~u)~
CHARLES PETE WOOD, WARD 7
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 752
Acres 1.14
2005-6
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 April 18, 2005 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
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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
April,2005.
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Scott A. Co hmo, City Attorney
City of Smyrna
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Ordinance #2005-6
Exhibit "A"
LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND L YTNrJ /4ND S:ING IN LAND LOT 752 oP' THE 7 n"H
DISTRICT, 2ND SECTION C08e COUNTY. GeORGJA ANO 88NG MOR~ PARTICULARLY {)ESCR18~D
AS FOLLOWS:
8!GINNINC AT AN IRON PIN sa AT TN; INTERSEcnON OF THE EASr~Rf..Y RIGHT Ot:' WAY Or
SOUTH COB8 DRIVE (200' RIGHT OF WAY) AND TH~ SOUTH EASTF:RLY' RIGHT OF WAY OF"
OAKDAI.E ROAD (70' RICiI-{T o~ WA'r'). SAJO POINT SElNG T1-I~ POINT OF 8!GINNING; THCNCE
ALONG THE SOUTHEASTERN RIGHT OF WAY OF OAI<DALE ROAD NORTH ,].3 OEGR€e5 78 MINur~
03 SecONDS eAST A O/STANC~ OF 14D,S4 FEET' TO AN IRON PIN sa; rHENC~ LEA'VING SAJD
RIGJ-/T or WAY SOUTH B6 OCCRE~S .19 MINUT~S 27 S€CONOS cAST A DISTANC~ OF 186.34-
r~E:T TO A. 1/2. RaJAR FOUNO; THENC! SOUTH 00 VEGRErs J2 MlNt./TtS 08 SECONDS WEST
A DISTANCE OF 17g.9(i FEET TO A ,. IRON PIN FOUND ON rNE NORTHeRN RIGHT OF WAr or:-
CHURCH ROAO (VARIABLE); THE1JC~ AI.ONC; SA/(J RIGHT ()~ WA'r' AND A CURVS TO TH~ LEn-
HAVING A RADIUS OF 450 f'ffT ANa AN ARC OF 720 F"&i, BeiNG SUETCNOc:D 8Y A CHORD
OF SOUTH 72 DEGReES 44 MINUTr5 15 S'CONDS WCST A DISTANCE OF T 19.Q4 ~~f:T TO A
POINT,' TH~NC€ AI.ONf; SAID (VARIABLE) FflGHT O~ WAY NORm 8.1 D~GRfES 22 MINUTes 31
SeCONDS WEST A DISTANC~ OF 7 J6. 89 fEU TO AN IRON PIN SEi A T THE INTERSEcnON Of:"
Tl-IE NORTHCRN RIGHi OF' WAr or CHURCH ROAD AND THe EASTERN RIGHT OF WAY 0' SOUTH
COBe ORIVE,' THENCE W V1NG THI! CHURCH ROAD (VA~IABLe) R/~HT OF WA Y AND CONTINUING
AI.ONG THE EAS7ERN RIGI-fT OF" WAY OF'SOUTH case ORf~ NORTH 07 DcGRE~S OJ MfN/J1FS
55 SECONDS WEST A DISTANCE OF 9J.44. ~Ei TO AN IRON PIN sa AT TJ./~ INTERSeCTION OF
T4! EASTERN (200' RIGJ./T Of KIA Y) OF" SOUTH case DRIVE: AND TJ1E SOUTH E:AS~RN (70'
RIGkT QF' WA '1') O~ OAJ<DALE ROAD, SAID POINT BClNG THe POINT Of:" S!CINN/NG-
TC;GEAT~~R WITH AND SUSJ~CT TO COVENtWTS, ::AScMfNTS, AND ~ESTRICTIONS or:- ~ECORO.
SAID TRACT CONr,AINS 49, 699 SQf)AR~ FrrT OR 1. 74 ACRES MORC OR LESS.
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AUTHORIZING RESOLUTION #R2005-3
WHEREAS, the Downtown Smyrna Development Authority (the "Issuer") is a body
corporate and politic and public corporation duly created and validly existing under and pursuant
to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of
Georgia of 1945 (1970 Ga. Laws 1117 to 1119, inclusive), now specifically continued as a part
of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly
of the State of Georgia (1986 Ga. Laws 3957 to 3958, inclusive), as implemented by an Act of
the General Assembly of the State of Georgia (1989 Ga. Laws 4382 to 4396, inclusive)
(collectively, the "Act"); and
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WHEREAS, the Act authorizes the Issuer to borrow money and to issue its revenue
bonds for the purpose of paying all or any part of the cost of any "project" of the Issuer, which
includes the acquisition, construction, remodeling, altering, renovating, equipping, maintaining,
and operating of buildings, both private and public, and the usual and convenient facilities
appertaining to such undertakings and extension and improvement of such buildings; the
acquisition of parking facilities or parking areas in connection therewith; the construction,
reconstruction, alteration, changing, and closing of streets, roads, and alleys; the acquisition of
the necessary property therefor, both real and personal; and the lease and sale of any part or all of
such buildings, including real and personal property, so as to ensure the efficient and proper
development, maintenance, and operation of such buildings, streets, roads, and alleys deemed by
the Authority to be necessary, convenient, or desirable in connection therewith; and
WHEREAS, the Act also authorizes the Issuer to acquire by purchase, lease, or
otherwise, and to hold and dispose of real and personal property of every kind and character for
its corporate purposes; and
WHEREAS, the Act also authorizes the Issuer (1) to make contracts and leases and to
execute all instruments necessary or convenient, including contracts for construction of projects
or contracts with respect to the use of projects which it causes to be erected or acquired, and to
contract with the City of Smyrna (the "City") upon such terms and for such purposes as may be
deemed advisable for a term not exceeding 50 years and (2) to pledge and allocate the revenues,
fees, tolls, and earnings derived from any project as security for repayment of its revenue bonds;
and
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WHEREAS, the Issuer proposes to issue, sell, and deliver revenue bonds to be known as
"Downtown Smyrna Development Authority Revenue Bonds (City of Smyrna Project), Series
2005" (the "Series 2005 Bonds"), in an aggregate principal amount of $22,000,000, for the
purpose of obtaining funds to finance the costs of acquiring, constructing, and installing
acquiring, constructing, and installing new park and recreational facilities, adding to, renovating,
repairing, and improving existing park and recreational facilities and public sidewalks, and
acquiring land to be preserved for future parks or greenspace, and other facilities, equipment, and
property useful in connection therewith, all located within the corporate limits of the City
(collectively, the "Capital Projects"), and to finance related costs; and
6660605.1
- WHEREAS, the Issuer will lease the Capital Projects to the City pursuant to a Lease
Agreement (the "Agreement"), to be dated as of April 1, 2005, under the terms of which the City
(1) will agree to make payments of Basic Lease Payments (as defined in the Agreement) to the
Issuer in amounts sufficient to enable the Issuer to pay the principal of, premium, if any, and
interest on the Series 2005 Bonds when due, and (2) will agree to levy an annual ad valorem tax
on all taxable property located within the corporate limits of the City, at such rates, without
limitation as to rate or amount, as may be necessary to produce in each year revenues that are
sufficient to fulfill the City's obligations under the Agreement; and
WHEREAS, the Issuer anticipates that it will adopt a Master Bond Resolution on April
21, 2005 (the "Bond Resolution"), authorizing the issuance of the Series 2005 Bonds for the
purpose of financing the costs of acquiring, constructing, and installing the Capital Project; and
WHEREAS, pursuant to the Bond Resolution, the payments to be received by the Issuer
from the City pursuant to the Agreement are pledged to, and a first priority lien is created thereon
as security for, the payment of principal of, and premium, if any, and interest on the Series 2005
Bonds and any Additional Bonds (as defined in the Bond Resolution) that may be issued; and
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WHEREAS, the Bond Resolution sets forth, among other things, the interest rates that
the Series 2005 Bonds bear and the principal amount of the Series 2005 Bonds that will mature
in each year, and the Issuer will furnish the City with a certified copy of the Bond Resolution in
order that any payments required to be made by the City under the Agreement may be accurately
computed and conclusively established; and
WHEREAS, the Issuer has agreed to sell the Series 2005 Bonds to Morgan Keegan &
Company, Inc., Knox Wall Division (the "Underwriter"), pursuant to a Bond Purchase
Agreement (the "Purchase Contract"), the form of which has been filed with the City and
submitted to the Mayor and Council of the City, among the Issuer, the City, and the Underwriter;
and
WHEREAS, pursuant to the Bond Resolution, the Issuer has ratified and authorized the
marketing of the Series 2005 Bonds by means of a Preliminary Official Statement, dated April
14, 2005 (the "Preliminary Official Statement"), and an Official Statement, to be dated the date
of the Bond Resolution (the "Official Statement"), both of which shall contain information about
the Issuer, the City, and the Capital Project; and
WHEREAS, after careful study and investigation, the City desires approve the issuance
of the Series 2005 Bonds, to enter into the Agreement and the Purchase Contract (collectively,
the "Contracts"), and to ratify and authorize the preparation, use, and distribution of the
Preliminary Official Statement and the Official Statement;
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6660605. 1
- NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Smyrna as follows:
1. The issuance by the Issuer of $22,000,000 in aggregate principal amount of
Downtown Smyrna Development Authority Revenue Bonds (City of Smyrna Project), Series
2005, be and is hereby authorized and approved for the purpose of providing funds to be applied
as aforesaid. The Series 2005 Bonds shall be dated, shall be in such form, shall bear interest
from date at such rates, shall mature and be subject to redemption, and shall contain such other
provisions all as shall be provided in the Bond Resolution.
2. The form, terms, and conditions and the execution, delivery, and performance of the
Contracts, which have been filed with the City, are hereby approved and authorized. The
Contracts shall be in substantially the forms submitted to the Mayor and Council of the City with
such changes, corrections, deletions, insertions, variations, additions, or omissions as may be
approved by the Mayor or Mayor Pro Tempore of the City, whose approval thereof shall be
conclusively evidenced by the execution of the Contracts.
3. The Mayor or Mayor Pro Tempore of the City is hereby authorized and directed to
execute on behalf of the City the Contracts, and the City Clerk of the City is hereby authorized
and directed to affix thereto and attest the seal of the City, upon proper execution and delivery of
the Issuer, provided, that in no event shall any such attestation or affixation of the seal of the City
be required as a prerequisite to the effectiveness thereof, and the Mayor or Mayor Pro Tempore
- and City Clerk of the City are authorized and directed to deliver the Contracts on behalf of the
City to the Issuer, and to execute and deliver all such other contracts, instruments, documents,
affidavits, or certificates and to do and perform all such things and acts as each shall deem
necessary or appropriate in furtherance of the issuance of the Series 2005 Bonds and the carrying
out of the transactions authorized by this Resolution or contemplated by the instruments and
documents referred to in this Resolution.
4. This Resolution and the Contracts, as approved by this Resolution, which are hereby
incorporated in this Resolution by this reference thereto, shall be placed on file at the office of
the City and made available for public inspection by any interested party immediately following
the passage and approval of this Resolution.
5. The use and distribution of the Preliminary Official Statement and the Official
Statement with respect to the Series 2005 Bonds shall be and is hereby authorized, ratified,
confirmed, and approved, and execution and delivery of the Official Statement in final form shall
be and is hereby authorized, ratified, confirmed, and approved. The Mayor or Mayor Pro
Tempore of the City is hereby authorized and directed to ratify, confirm, approve, execute, and
deliver the Official Statement on behalf of the City, and the execution of an Official Statement
by the Mayor or Mayor Pro Tempore of the City shall constitute conclusive evidence of the his
ratification, confirmation, approval, and delivery thereof on behalf of the City.
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6. Any and all other resolutions or parts of resolutions in conflict with this Resolution
this day adopted, be and the same are hereby repealed and this Resolution shall be in full force
and effect from and after its adoption.
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6660605 I
_ PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18th day of
April 2005.
CITY OF SMYRNA
(SEAL)
BY:~
Mayor
Attest:
~~D. y~
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6660605. 1
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CITY CLERK'S CERTIFICATE
I,qj1LJ^#lD,~jhe duly appointed, qualified, and acting City Clerk of the City
ofSmyma (the "City"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter
constitute a true and correct copy of a resolution adopted on April 18, 2005, by the Mayor and
Council of the City in a meeting duly called and assembled in accordance with applicable laws
and with the procedures of the City, by a vote of 3-- Y ea and ~ Nay, which meeting was
open to the public and at which a quorum was present and acting throughout, and that the
original of the foregoing resolution appears of public record in the Minute Book of the City,
which is in my custody and control.
GIVEN under my hand and the seal ofthe City, this 18th day of April 2005.
(SEAL)
~~ff1 D~
Cit Clerk, City of Smyrna
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6660605, I
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A RESOLUTION OF THE CITY OF SMYRNA CONSENTING TO A TRANSFER OF
O\VNERSHIP AND CONTROL OF TELEPORT COMMUNICATIONS ATLANTA,
INC. FROM AT&T CORP. TO SBC COMI\1UNICA nONS, INC.
WHEREAS, ON August 21 2000, the City of Smyrna ("City") granted to Teleport
Communications Atlanta, Inc, ("Grantee"), a nonexclusive franchise (the "Franchise") to occupy
and use the streets within the corporate limits of the City to provide telecommunications
services through a telecommunications system; and
WHEREAS, , Grantee requested renegotiation of a renewal franchise agreement, pursuant to
Article II(5) of the agreement, by means of a letter dated November 5,2003, attached hereto as
Exhibit A, and such renewal negotiations are pending; and
WHEREAS, Grantee and SBC Communications, Inc ("SBC") have submitted a letter dated
February 28, 2005 to the City, a copy of which is attached hereto as Exhibit B, describing the
pending acquisition of AT&T Corp. ("AT&T"), the direct parent of Grantee, by SBC and as a
result of the acquisition, Grantee will become a wholly owned subsidiary of SBC (the
"Transaction"); and
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\VHEREAS, the Transaction represents a transfer of control of the Grantee and, pursuant to the
requirements of Article VIII (2) of the Franchise, Grantee has requested the City's consent to the
transfer;
NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna does hereby consent to the
proposed Transfer, subject to the following conditions, to which the parties have agreed:
SECTION I. That Grantee, shall not be released from any obligations or liabilities under the
Franchise arising prior to the consummation of the Transfer and shall continue to assume all
obligations and liabilities under the Franchise, including without limitation, all obligations, if
any, as are currently required to have been performed but may not have not been performed, and
the obligations ofthe Grantee with respect to Franchise fee payments.
SECTION 2. That the parties submitting the application requesting consent stipulate that neither
the City's consent to the Transfer nor the completion of the Transfer themselves shall in any way
diminish or otherwise affect adversely any right that the City has, may have, or may at any time
subsequently acquire with respect to any matter, including, without limitation, any right of the
City to require compliance with the terms of the Franchise; it being acknowledged that the
stipulation in this Section 2 does not affect the finality of the City's consent to the Transfer
granted under this Resolution.
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- SECTION 3. That the City's consent does not constitute and shall not be construed to constitute
a waiver of any obligations of the Grantee under the Franchise.
SECTION 4. That the transfer of control of the Franchisee and of all the rights and obligations
under the franchise and under this Resolution shall take effect on and after the consummation of
the Transaction between and among AT&T and SBC.
Section 5. The City's consent shall be null, void and of no effect whatsoever if the Transaction
is not consummated by April I, 2007.
RESOL VED, this resolution shall become effective upon execution by the Grantee, SBC, and the
City.
/$/-day of ~
,2005.
ADOPTED this
By:
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Name: A. Max Bacon
Title: Mayor
CITY OF SMYRNA
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(Seal) ~ ~
Attest: D t
Agreed to and Accepted:
Teleport Communications Atlanta, Inc,
Agreed to and Accepted:
SBC Communications, Inc.
By:
By:
Printed Name:
Title:
Printed Name:
Title:
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