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04042005 April 4, 2005 April 4, 2005 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Chief Stan Hook, Deputy Chief Michael Brown, Community Development Director Chris Miller and representatives of the press. Invocation was given by Associate Pastor Greg Wilson from Smyrna Assembly of God. The pledge to the flag was led by boy scouts from Troop I. AGENDA CHANGES: Mayor Bacon stated that agenda item #4C (Annexation Request - 1.14 Acre Tract - Land Lot 752, Parcel 31, 1 ih District, 2nd Section, Cobb County, Georgia - 2175 Church Road - Hemant Patel) will be tabled until the April 18, 2005 meeting. MAYOR'S REPORT: Mayor Bacon recognized Chief Hook and Deputy Chief Brown. Deputy Chief Brown introduced police explorer Michael Martin to those present. Deputy Chief Brown reported that during January of this year, Mr. Martin demonstrated courage and presence of mind when coming to the aid ofa young friend who was being attacked by two large dogs. Deputy Chief Brown presented Mr. Martin with a plaque in recognition of his bravery, and thanked him for his assistance in this emergency. - Council Member McNabb presented this month's school character education words to those present on behalf of the local students who were unable to attend this meeting. LAND ISSUES/ZONING/ANNEXA nON: (A) Public Hearing - Approval of2005 Comprehensive Plan Council Member Newcomb provided details to those present concerning the Future Land Use Map. Mr. Miller stated the Future Land Use Map has been converted to a digital format, and that there are also plans to convert the Zoning Map into the same electronic format. Mr. Miller stated that, based on recommendations from citizens and City officials, some properties in Wards 3 and 4 originally designated as medium density land use areas will be changed to reflect a new moderate density land use classification. Mr. Miller provided details to those present concerning other changes to the Future Land Use Map. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. ... Mayor Bacon recognized Mr. Lemuel Ward, residing on Spring Street, and Mr. Ward thanked the mayor and council members for favorably considering the alternative land use designation proposed by residents of Ward 3. Mr. Ward stated he believes this change in the land use plan will help preserve the character of the community. Mayor Bacon thanked the residents of Ward 3 for the effort they put forth in evaluating the proposed changes to the Future Land Use Map. Council Member Newcomb stated the assistance from citizens has enabled the City's leadership to craft a better document. Council Member Newcomb thanked the City's staff and officials and April 4. 2005 2 Planning and Zoning Board (PZB) members for their work on this project. MOTION: Council Member Newcomb made a motion to approve the Future Land Use Map as presented as part of the 2005 Comprehensive Plan as submitted. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. Mayor Bacon thanked Mr. Miller for his service to the City. - (B) Annexation Request - .77 Acre Tract - Land Lot 592, Parcel 3, 1 ih District, 2nd Section, Cobb County, Georgia - 153 Hawthorne Avenue - Ryan Locke Mr. Wright stated that 100% of the owners of the subject property have requested annexation of this tract. Mr. Wright stated the subject property is currently used for residential purposes, and that there are plans to replace an existing structure on the premises with two new single-family homes. Mr. Wright stated there is no rezoning request associated with this annexation application. Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve annexation ofa.77 acre tract in Land Lot 592, Parcel 3, 1 ih District, 2nd Section, Cobb County, Georgia at 153 Hawthorne Avenue for Ryan Locke with an effective date of May 1,2005. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (C) Annexation Request - 1.14 Acre Tract - Land Lot 752, Parcel 31, 17th District, 2nd Section, Cobb County, Georgia - 2175 Church Road - Hemant Patel - Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. MOTION: Council Member Wood made a motion to table annexation ofa 1.14 acre tract in Land Lot 752, Parcel 31, 1 ih District, 2nd Section, Cobb County, Georgia at 2175 Church Road for Hemant Patel until the April 18, 2005 meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (D) Approval of Amendment to Section 80-3 ofthe City Code Mr. Wright stated the proposed amendment would change the limit for parking commercial vehicles in residential areas from a maximum weight of 6,000 pounds to a 10,000-pound Gross Vehicle Weight Rating (GVWR). Mr. Wright stated staff recommends approval of the amendment. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb read the proposed amendment to those present. MOTION: Council Member Newcomb made a motion to approve amendment of Section 80-3 of the City Code as presented. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - April 4, 2005 3 PRIVILEGE LICENSE: - There were none. FORMAL BUSINESS: (A) Approval of Resolution appointing a Volunteer Planning Coordinator to preserve and promote the historic site at 5811 Oakdale Road Mr. Wright stated Ms. Roberta Cook has offered her services as an unpaid volunteer to help the City secure support, assistance and funding to further the City's objective of preserving and promoting the historic site at 5811 Oakdale Road. Council Member Wood read a Resolution Appointing a Volunteer Representative in Connection with Historic Building at 5811 Oakdale Road to those present. MOTION: Council Member Wood made a motion to approve the Resolution and appointment as read. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. Mayor Bacon thanked Ms. Cook for her interest in participating in the efforts to preserve and promote this historic site. (B) Reappointment of Members to the Downtown Development Authority (DDA) - Mr. Wright stated the current terms of the DDA members will expire soon. Mr. Wright stated the current DDA members are Hubert Black, C. J. Fouts, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman. MOTION: Council Member Wood made a motion to approve reappointment of Hubert Black, C. J. Fouts, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman for another one-year term on the Downtown Development Authority. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of March 21, 2005 Minutes (B) Approval of Street Closings for Special Event in the Market Village on Thursday, May 5, 2005 Requested street closings as follows: Top semi-circle of the Market Village at the Atlanta Road entrance, fountain area pass-by closed to vehicle traffic ending at the edge of the drives on the sides of Atkins Park Tavern and Cafe Michel. Vehicle traffic is to be allowed from the end of the fountain area through the remainder of the Market Village, leaving parking and traffic lanes open to residents and other merchants. Streets would be closed from approximately 2:00 p.m. on Thursday, May 5 through cleanup after the event, occurring around or after midnight. Approval ofthis first-time Market Village - April 4, 2005 4 Event (Cinco de Mayo) is recommended with the requirement that organizers hire specified/recommended number of police officers. (C) Approve transfer of control of the AT&T franchise from AT&T to SBC Communications SBC Communications plans to acquire AT&T, making it a wholly-owned subsidiary of SSC. On August 21, 2000 the City of Smyrna granted a non-exclusive telecommunications franchise throughout the City limits to Teleport Communications Atlanta, Inc., a subsidiary of AT&T Corporation. The City Attorney, along with GMA's telecommunications management group, have reviewed and approved the transfer resolution. Approval of the transfer is recommended. - (D) Bid Award #5-020 Public Works requested bids for the replacement and upgrade of 290 I.f. of storm sewer piping as a result of periodic flooding due to pipe deterioration and insufficient size. This installation is located on Creatwood Trail just north of Tecumseh Trail. Six vendors were solicited for bids with three vendors responding with the following: Wade Coots Co. Inc. $103,545.00 D&H Construction Co. Inc. $112,955.00 K. M. Davis Contracting Co. Inc. $115,000.00 Public Works staff and purchasing have reviewed the bids and recommend bid award to the lowest bidder Wade Coots Co. Inc. for $103,545.00 (E) Bid Award #5-018 Vendors were solicited for bids for the annual purchase of chemicals with nine vendors responding. The public works and purchasing staff members have reviewed the bid information and recommend a split bid award to Peoples Janitorial and ZEP Manufacturing. - MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated that work has commenced on the new building for fire station #3. Council Member Pritchett stated that funds have been set aside for a period of several years to enable the City to pay for this new structure. Council Member Pritchett reminded everyone present that there will be a golf tournament this month for the benefit of Campbell High School. Council Member Pritchett thanked those present for their thoughtfulness following the recent loss of her father. Council Member Newcomb stated that construction of the new fire station building is a positive development for the community, and thanked Council Member Pritchett for her leadership in this project. Council Member Scoggins yielded the floor with no report. Council Member McNabb expressed appreciation to everyone who made recommendations for the update of the Future Land Use Map. Council Member McNabb stated that some expansion of Emory Adventist Hospital is anticipated as the community continues to grow. Council member McNabb stated that the City will be hosting a town hall meeting this month for Anna Cabral from the U. S. Treasury Department. -- - - JZ..1!l /Ii - April 4. 2005 5 Council Member Smith reminded those present that the time change for daylight savings time is a good opportunity to make certain that residential smoke detectors are in working order. Council Member Lnenicka reminded those present that commemorative pavers are still available for subscription at the Veterans Memorial. Council Member Wood yielded the floor with no report. Mayor Bacon expressed condolences to Council Member Pritchett for the recent loss of her father. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 8:20 p.m. A. MAX BACON, MAYOR ~vUl>fU C< L/ SU N D. HIOTT, CITY CLERK ~.~ RON NEWCOMB, WARD 2 Y;1~ cJt BILL SCOGGINS, WARD 3 ~.~ JIMMY D. SMITH , WARD 5 L1~It~~ CHARLES PETE WOOD, WARD 7 A RESOLUTION OF THE CITY OF SMYRNA CONSENTING TO A TRANSFER OF _ O\VNERSHIP AND CONTROL OF TELEPORT COMMUNICATIONS A TLANT A, INC. FROM AT&T CORP. TO SBC COMMUNICATIONS, INC. \VHEREAS, ON August 21 2000, the City of Smyrna ("City") granted to Teleport Communications Atlanta, Inc, ("Grantee"), a nonexclusive franchi"se (the "Franchise") to occupy and use the streets within the corporate limits of the City to provide telecommunications services through a telecommunications system; and \VHEREAS, , Grantee requested renegotiation of a renewal franchise agreement, pursuant to Article 11(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 - \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 of the 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. - 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 SBe. Section 5. The City's consent shall be null, void and of no effect whatsoever if the Transaction is not consummated by April 1,2007. RESOL VED, this resolution shall become effective upon execution by the Grantee, SBC, and the City. . ~ ADOPTED this ~ day of }9~ ,2005. By: CITY OF SMYRNA ~::~:~~f) ~ - Printed Name: F' (eti.e.tlc.k.. ~. Wo.. \\0..0\-\ Title: .pre~~Qf\t - Agreed to and Accepted: SBC Communications, Inc. By: cJ{ '- LJ 4-. Printed Name: Title: HOLT NEY ZATCOFF & WASSERMAN, LLP ATTORNEYS AT LAW May 24, 2005 ., 100 GALLERIA PARKWAY, SUITE 600 ATLANTA, GEORGIA 30339-5911 TELEPHONE 770-956-9600 (x202) FACSIMILE 770-956-1 James M. Ney, P.C. (Direct: 770-661-1202) e-mail jney@hnzw.com Ms. Susan D. Hiott, MBA, CMC City Clerk City of Smyrna 2800 King Street Smyrna, Georgia 30081 Re: AT &T /SBC Merger - Execution Originals of Final Resolutions for the City of Smyrna Georgia (HNZW File No. 1980/7) Dear Susan: '-' Enclosed for your file please find one original fully executed Final Resolution of the City of Smyrna Consenting to the Transfer of Ownership and Control of Teleport Communications Atlanta, Inc. from AT&T Corp to SBC Communications, Inc., which was adopted by the City of Smyrna on April 1, 2005. Best regards. Sincerely, JMN:jap Enclosure ;68608_1 DOC cc: Wayne Wright, City Administrator, Smyrna Ms. Theresa Pisciotti, AT&T '_'i ..., 11/05/03 14:36 FAX 9575505 IP LAW 141001 EXHIBIT A LEIB NKATTsc ATTORNEYS AT LAW " .. November 5. 2003 Mr. Wayne Wright City Administrator City of Smyrna 2800 King Street Smyrna, GA 30081 Dear Mr. Wright: I reprE!Sent Teleport Communications Atlanta, Inc. (TCG). Pursuant to Article II, Section 5 of the franchise agreement (Agreement) between the City of Smyrna and TCG, TCG by this letter requests that the Agreement be renewed for an additional period of 4 years. In addition, TCG requests that ARTICLE VII be revised as follows: 1 . Paragraph 4. Add the following sentence to the end of the paragraph ''The Grantee and its officers, employees, agents, attorneys, consultants and independent contractors shall have no liability to the City, any Affiliated Person, or any other Person for any special, incidental, consequential, punitive, 01' other damages as a result of the exercise of any right of the Grantee pursuant to this Ilgreement or applicable law. Nothing herein shall be deemed an admission of liability by Gmntee nor be interpreted to waive any protection for the Grantee against any liability under law." \r This makes both the Grantee and the City not liable for special, incidental, punitive and consequential damages. 2. Paragraph 5, second suntence, 13th line. Insert "negligence," between "of" and "gross". The City should be responsible for its own negligence. 3. Insert a new paragraph 6 to read as follows, "The indemnified party shall notify the indemnifying party in writing promptly upon learning 01 any claim or suit for which indemnification may be sc.,ught. The indemnified party shall have the right to participate in such defense or settlement with its own counsel and at its sole expense, but the indemnifying party shall have control of this defense or settlement. Thank you for your assistance in this matter. My direct dial number is (414) 351-8407 if you have any questions or wish to discuss this further. Very truly yours, R.{t-~~ g. &~ IJf Rosalie J. Leib .." Leib &- Katt, Sc. Attorneys at Law 740 North Plankinton Avenue . Suite 600 . Milwaukee. Wisconsin '512cn ~ EXHIBIT B - - ATlaT - tIr February 28, 2005 BY HAND DELIVERY Mr. Wayne Wright City Administrator 2800 King Road Smyma, Georgia 30080-3506 BY HAND DELIVERY Mr. Wayne Wright City Administrator 2190 Atlanta Road Smyrna, Georgia 30080 Re:. Telecommunications Franchise Agreement Between The City of Smyrna and Teleport Communications Atlanta, Inc. dated August 21, 2000 Merger of SBC Communications, Inc. and AT&T Corp.; Petition for Consent Dear Mr. Wright: " We are pleased to inform you of the pending acquisition of AT&T Corp. ("AT &T") by SBC Communications, Inc. ("SBC"). AT&T is the direct parent of Teleport Communications Atlanta, Inc. ("AT&T Subsidiary"). We request your consent, if you believe it is required, to the transfer of control of the AT&T Subsidiary from AT&T to SBC at your earliest convenience. With respect to the transaction, SBC will acquire AT&T. At closing, a wholly- owned subsidiary ofSBC will be merged with and into AT&T, and each share of common stock of AT&T will be converted into 0.77942 shares of SBC common stock. In addition, at that time, AT&T will pay its shareholders a special dividend of $1.30 per share. AT&T thus will become a wholly-owned subsidiary of SBC. AT&T will continue to own the stock of its subsidiaries. What that means with respect to you is that while SBC will become the new parent of AT&T, there will be no transfer of the telecommunications franchise held by the AT&T Subsidiary. The AT&T Subsidiary will continue to hold such franchise, and the transaction will not affect the AT&T Subsidiary's obligations under the franchise. ,.., We are confident in SBC's qualifications. SBC, a Fortune 50 Company with revenues of more than $41 billion in 2003, ranks among the largest providers of telecommunications services in the U.S. and the world. SBC companies provide voice and data telecommunications products and services for consumers and businesses, and they currently serve more than 54 million access lines nationwide. In addition, SBC indirectly holds a 60 percent economic and 50 percent voting interest in Cingular Wireless LLC, the largest wireless carrier in the United States. SBC is a holding company incorporated under the laws of the State of Delaware in 1983 and has its principal executive offices in San Antonio, Texas. Without question, SBC has the necessary HNZW/SmymaConsent.DOC w 16 8 Recycled Paper -- financial resources, technical and management experience and expertise in the telecommunications industry, and legal qualifications to be the parent ofthe AT&T Subsidiary. Moreover, AT&T and SBC will obtain all the necessary federal and state regulatory approvals before closing. " The combined company will have robust, high-quality network assets, both in the United States and around the globe, and complementary expertise and capabilities. It will have the resources and skill sets to innovate and more quickly deliver to customers the next generation of advanced, integrated IP-wireline and wireless communications service. More information regarding SBC and the acquisition of AT&T may be found at w\vw.sbc.com, which will be regularly updated. We look forward to responding to any questions you may have, and to receiving your prompt consent if you believe it is required. We have enclosed a draft Resolution for your consideration. Please direct all communications concerning this petition to Theresa A. Pisciotti at (908) 234-8303. An official of SBC will be available to meet with you and to answer any questions upon your request. Sincerely, " s~ C~'Z'uni~ations, Jne peg~~~ General Attorney and Assistant General Counsel SBC Services, Inc. Enclosure ,., HNZW/SmymaConsent.DOC - RESOLUTION WHEREAS, on August 21, 2000, the City of Smyrna ("City") granted to Teleport Communications Atlanta, Inc., a subsidiary of AT&T Corp. and provider of telecommunications services ("TCA"), a franchise (the "Franchise"); WHEREAS, Article VIII(2) ofthe Franchise requires TCA to obtain prior written consent of the City, which consent shall not be unreasonably withheld, before a transfer of Control of TCA, its network or franchise, occurs; and WHEREAS, AT&T Corp. ("AT&T') and SBC Communications, Inc. ("SBC") have submitted a letter dated February 28, 2005 to the City, a copy of which is attached hereto, describing the pending acquisition of AT&T by SBC and requesting the City's consent to such change in control of TeA; and WHEREAS, the City Council having determined that the change in control of TeA, as described in the attached letter, should not affect TCA's obligations and operations under the Franchise, and accordingly should not cause the City's interests to be adversely affected; '- NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Smyrna, that consent is hereby granted, pursuant to Article VIII(2) of the Franchise, for the acquisition of the parent ofTCA by SBC. Adopted, this day of ,2005. [Adopted by the City Council of Smyrna on ,2005] [Approved by the Mayor on ' 2005] [Susan D. Hiott] City Clerk ~ 164112 ORDINANCE No. 2005-2 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 80, PROPERTY MAINTENANCE, ARTICLE I, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 80-3 OF SAID CHAPTER TO MORE SPECIFICALLY IDENTIFY THE TYPES OF COMMERCIAL VEHICLES NOT ALLOWED TO BE PARKED IN RESIDENTIAL AREAS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 80, Article I, City of Smyrna, Georgia, be amended so that such Chapter shall read as follows: Sec. 80-3. Parking of commercial vehicles weighing 10,001 pounds or more. - "It shall be unlawful to park any commercial vehicle with a gross vehicle weight rating (GVVlJR) of 10,001 pounds or more on the right-of-way of any residential street or upon residential property, unless said vehicle is making a delivery to said residential property. For the purposes of this section, a commercial vehicle is a vehicle designed or used to transport passengers or property and is either 1) used as part of a business or non-profit organization, 2) designed to carry more than 15 passengers, 3) or is transporting hazardous materials." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date ofthis 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. .... ORDINANCE No. 2005-2 - Approved by Mayor and Council this 4th day of April, 2005. Attest: 0~ [), '!w:t6 J Susan D. Hiott, City Clerk City of Smyrna Approved as to form: ,.1. ~.. J~ S--cOtt A. Cochran, City Attorney - -- 2 Resolution No. R2005-2 - RESOLUTION APPOINTING A VOLUNTEER REPRESENTATIVE IN CONNECTION WITH HISTORIC BUIILDING AT 5811 OAKDALE ROAD Whereas, the residence at 5811 Oakdale Road purportedly housed a Confederate hospital during the Civil War; and Whereas, the property has been officially designated by Cobb County as an historic structure; and Whereas, the property is considered to be one of numerous structures and fortifications surviving from the Civil War and specifically from General Johnston's river line defense of Atlanta; and Whereas, the area surrounding the 5811 Oakdale Road house is rapidly developing and redeveloping, threatening the preservation of historic fortifications and buildings, some of which have recently been lost; and Whereas, the City of Smyrna purchased the house when it was put on the market by its former owner in order to save this valuable link to our nation's history; and - Whereas, the City intends that an organization or entity be identified or created with the goal to acquire, preserve, and promote historic Civil War structures and fortifications in the river line area, and that this organization purchase the house at 5811 Oakdale Road from the City so that it may be preserved and restored appropriately; Now therefore, be it resolved, that Roberta Cook is hereby appointed as a volunteer representative of the City of Smyrna in efforts to secure support, assistance, and funding to further the City's intentions as stated above, and shall serve as a liaison to such groups that may be able to render assistance to further these intentions, and shall be entitled to reasonable, pre-approved expenses incurred while representing the City in her official capacity. ActoP:? of April A. Max Bacon, Mayor - .... ci~ci~;rk~ ../ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA -- Ordinance Number Land Lot 592 Acres 0.77 2005-5 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 4, 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 of the citizens ofthe municipality; and 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 ofthe 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. day of A. Max Bacon, Mayor ~1;~:{gl:~ City of Smyrna ... " 1L ~-~/. Scott A. Cochran, City Atrblll'-'y City of Smyrna - Ordinance #2005-5 Exhibit "A" Written description of 0.77 acre tract All that tract or parcel of land lying and being in Land Lot 592, District 17, Section 2, of Cobb County, Georgia, and being more particularly described as follows: - To ascertain the true point of beginning, commence at the point located at the intersection of the centerline of Hawthorne Avenue, having a 30 foot right-of-way, and the centerline of Hawthorne Court; thence south 03 degrees 46 minutes 47 seconds east a distance of 14.95 feet to a point located on the southerly right-of-way of Hawthorne Avenue, which is the true point of beginning; thence leaving said right-of-way and along a fence line south 25 degrees 41 minutes 18 seconds east a distance of200.67 feet to a point; thence continuing along said fence line south 86 degrees 08 minutes 42 seconds west a distance of225.00 feet to a 2 inch flatiron found; thence continuing along said fence line north 02 degrees 51 minutes 22 seconds east a distance of 195.73 feet to a point on the right-of- way of Hawthorne A venue; thence leaving said fence line and along said right of way north 89 degrees 47 minutes 04 seconds east a distance of 127.75 feet to the true point of beginning, described property having an area of 0.77 acres. Reference Plat of Survey for Sirron Group Engineering, LLC, by D&S Land Surveying, Inc. dated 11/20/2004. ...