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06062005 June 6, 2005 June 6, 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 and representatives of the press. Mayor Bacon announced that Pastor Chuck Moon from Tillman United Methodist Church will be relocating to another area, and expressed appreciation to Pastor Moon for his service to the community. Mayor Bacon presented Pastor Moon and Mrs. Moon with a glass jonquil. Pastor Moon stated he has enjoyed living in Smyrna, and commented favorably on the City's government and leadership. Invocation was given by Pastor Moon, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon started an item will be added to the consent agenda. MAYOR'S REPORT: Mayor Bacon recognized Mr. Scott Livanec, President of the Forest Hills Preservation Group, and Mr. Livanec provided details to those present concerning the upcoming home and garden tour in the Forest Hills community. Mr. Livanec provided details to those present regarding other community activities and volunteer efforts which are conducted in Forest Hills. - Mayor Bacon stated that agenda item #6 G will be moved from the formal business segment of the proceedings for discussion and a vote at this time. Bid A ward - RFP # 5-021- Construction Program Management Services for Parks and Recreation Projects to be funded through the Parks Bond Issue Mr. Wright stated staff recommends contracting Moreland Altobelli Associates, Inc. (MA) for program management and pre-construction services for new park development and park improvements. Mr. Wright stated a need for approximately 30 months of project oversight by MA is estimated at a fee not to exceed of 4.25% of total construction cost. Council Member McNabb recognized Mr. Howard Bach and Mr. Christopher Kingsbury from MA. Council Member McNabb provided details to those present regarding the recent bid and selection process for construction program management services for parks and recreation projects. At Council Member McNabb's request, Messrs. Bach and Kingsbury provided details to those present regarding MA. Mayor Bacon asked if there is anyone present who has any questions regarding the parks and recreation construction program, and there was no response. Council Member McNabb stated MA will not be involved in the construction of sidewalks, curbs or gutters. MOTION: Council Member McNabb made a motion to approve bid award for RFP # 5-021 for construction program management services for parks and recreation projects to be funded through the parks bond issue to Moreland Altobelli Associates, Inc. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - June 6, 2005 2 LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Ordinance 2005-15-Zoning Code Amendment to Section 801 {Residential Districts}- Reduction of Allowed Percentage ofImpervious Surface - Mr. Wright stated that in accordance with the present regulations, residents can cover up to 35% of each lot in most single-family zoning districts with impervious surfaces such as structures and pavement. Mr. Wright stated that in order to maintain attractive streetscapes and limit storm water runoff, staff proposes restricting the amount of impervious surfaces to 25% on required front or street side yards in certain residential zoning districts. Council Member Newcomb stated that, in response to City regulations requiring vehicles parked in the front or side yards of residences to be on paved surfaces, some residents may pave a greater portion of the front or side areas oftheir yards. Council Member Newcomb stated this proposed regulation will limit the amount of impervious surfaces on required front or street side yards in certain residential zoning districts to 25%. Council Member Smith asked if any specific paving materials are required. Council Member Newcomb stated the matter of paving materials is not addressed in this proposed revision. Council Member Smith asked how the proposed ordinance revision might affect residences with existing paving in excess of the scope allowed under the proposed revision. Council Member Newcomb stated that existing paving which exceeds the scope permitted under the proposed revision will be allowed to remain as a continuing non-conforming use. MOTION: Council Member Newcomb made a motion to approve Ordinance 2005-15 for a zoning code amendment to Section 801 {Residential Districts} for reduction of allowed percentage of impervious surface, i.e., within the R-30, R-20, R-15 and R-12 Zoning Districts no more than 25% of the required front or street side yard shall be covered by paving or other impervious surfaces, and no driveway or other parking area shall be located closer than 5' to a side property line, The motion was seconded by Council Member McNabb. Council Member Smith asked if this ordinance will be enforceable. Council Member Newcomb stated he presumes this ordinance will be enforceable to the extent that all City ordinances are, Council Member Smith asked if a citizen repeatedly violates this ordinance, if a citation can be issued to the homeowner believed to be in violation of the ordinance. Council Member Newcomb stated that a property owner can be issued a citation for any violation of the City zoning code. Motion was approved 7 -0. - (B) Public Hearing - Ordinance 2005-16 - Zoning Code Amendment to Section 514.1 {Outside Display, Storage and Sale of Merchandise} - Additional Regulations pertaining to non-residential zoning areas Mr. Wright stated the purpose of the proposed ordinance is to restrict the display, storage and sale of merchandise outside of a building. Mr. Wright stated this ordinance would apply to all lots five acres in size or smaller in all zoning districts. Council Member Newcomb stated this proposed ordinance revision will be afforded further study before any decision is made regarding its approvaL MOTION: Council Member Newcomb made a motion to table Ordinance 2005-16 for a zoning code amendment to Section 514.1 until the July 18, 2005 meeting. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. ... June 6. 2005 3 PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Pawn Shop Operation - Anchor Financial Enterprise, Inc. - 2620 Cobb Parkway - Robert A. Sain, Agent Applicant - Mr. Wright stated the submitted application has been reviewed by staff and found to be complete. Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. At Council Member Pritchett's request, Mr. Sain provided details to those present concerning the car title pawn business he proposes to operate. Mr. Sain provided illustrations depicting an Anchor Financial Enterprise, Inc. (AFE) building for review by the present officials. Council Member Pritchett advised Mr. Sain that City ordinances prohibit the storage of motor vehicles at the subject premises, and Mr. Sain stated that a third party entity stores vehicles which AFE has taken possession of at an appropriate location. - MOTION: Council Member Pritchett made a motion to approve the privilege license request for a pawn shop operation for Anchor Financial Enterprise, Inc. at 2620 Cobb Parkway for Robert A. Sain as agent. The motion was seconded by Council Member Newcomb. Council Member Wood stated he is concerned about car title pawn operations in the City because such businesses have a history of keeping repossessed vehicles on their premises. Council Member Wood asked ifthe AFE location on Franklin Road will remain open, and Mr. Sain said no. Council Member Wood asked Mr. Sain why the Franklin Road office is closing. Mr. Sain stated the space at 2620 Cobb Parkway recently became available and that a lease for this space was obtained by AFE. Mr. Sain stated any repossessed vehicles are stored by the third party repossession company and sent to auction. Council Member Wood asked Mr. Sain ifhe is familiar with requirements for pawn operations to report certain information to local law enforcement authorities, and Mr. Sain answered in the affirmative. Council Member Pritchett advised Mr. Sain that City ordinances applicable to the business premises of AFE will be enforced. Motion was approved 7 - O. (B) Public Hearing - Privilege License Request - Retail Pouring (Beer & Wine) - Famous Yardbird of South Cobb DBA Famous Yardbirds - 4479 South Cobb Drive - Christopher A. Logie, Agent Applicant Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Wright stated the submitted application has been reviewed by staff and found to be complete. Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. - Council Member Lnenicka recognized Mr. Logie, and asked Mr. Logie when Famous Yardbirds (FY) will be open for business. Mr. Logie stated he expects FY to open around July 15. At Council Member Lnenicka's request, Mr. Logie provided details to those present concerning the restaurant he proposes to operate at the subject location. Council Member Lnenicka asked Mr. Logie if he has read a copy of the City ordinances regulating the sale of alcoholic beverages, and Mr. Logie answered in the affirmative. Council Member Lnenicka advised Mr. Logie that local law enforcement authorities conduct inquiries at businesses in the City which sell alcoholic beverages to help make certain that such beverages are being sold in a lawful manner. Council Member Lnenicka asked Mr. Logie to provide details to the present officials concerning steps he June 6, 2005 4 will take to train the staff at FY to sell alcoholic beverages in a lawful manner. Mr. Logie stated that appropriate initial training and supplementary training will be provided to all FY staff members involved in the sale of alcoholic beverages. Mr. Logie stated that all FY staff members involved in the sale of alcoholic beverages will be required to obtain suitable identification from all persons attempting to purchase such beverages at FY who appear to be under the age of 55. Mr. Logie stated a calendar indicating a date which persons attempting to purchase alcoholic beverages at FY must have been born on or after will be posted on the premises. Council Member Lnenicka asked Mr. Logie ifhe understands that, in his capacity as agent, he will be responsible for making certain that laws regulating the sale of alcoholic beverages are complied with at FY, and Mr. Logie answered in the affirmative. Council Member Lnenicka asked Mr. Logie ifhe understands that all servers at FY are required to have individual serving permits issued by the City police department, and Mr. Logie answered in the affirmative. Council Member Lnenicka recommended to Mr. Logie that he consider the implementation of some type of positive incentives to encourage FY servers to be vigilant against underage and unauthorized purchasers of alcoholic beverages. - MOTION: Council Member Lnenicka made a motion to approve the privilege license request for retail pouring of beer and wine for Famous Yardbirds of South Cobb DBA Famous Yardbirds at 4479 South Cobb Drive for Christopher A. Logie as agent. The motion was seconded by Council Member Wood. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Resolution for Extending the Emergency 911 Surcharge Mr. Wright stated the City of Smyrna operates an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna. Mr. Wright stated the City has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by this system for several years. Mr. Wright stated the City must annually reaffirm the need for the $1.50911 charge on telephone subscribers. - Council Member Lnenicka read Resolution No. R2005-4 - Emergency 911 Telephone Service to those present. MOTION: Council Member Lnenicka made a motion to approve the Resolution for extending the emergency 911 surcharge. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Approval of Renewal of Suntrust Corporate Resolution and Certificate ofIncumbency Mr. Wright stated the service agreement for the City's credit card is renewed annually. MOTION: Council Member Wood made a motion to approve renewal of the Suntrust Corporate Resolution and Certificate ofIncumbency. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (C) Public Hearing - Solid Waste Management Plan Mayor Bacon stated this is the first of two hearings to be held in connection with the solid waste management plan (SWMP). - June 6, 2005 5 - Mr. Wright stated this is the first of two public hearings required by Department of Community Affairs for the preparation of the City of Smyrna solid waste management plan. Mr. Wright stated the hearings are held in accordance with State law to elicit community input for needs and goals. Council Member Pritchett recognized Mr. Aiken from PBS & J Engineers, and Mr. Aiken provided details to those present concerning the process offormulating a SWMP program and periodic updates. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Aiken stated the next SWMP hearing is tentatively scheduled for the July 18,2005 meeting. (D) Ordinance 2005-18 - Revision of Section 50-33 (b) (3) {Establishment of fire lanes on private property devoted to public use} - Smyrna Code of Ordinances - Change in Required Dimensions for Fire Lane Signs Mr. Wright stated the City fire code specifies the size of signs which indicate fire lanes within the City. Mr. Wright stated the existing regulations do not allow the standard 12" x 18" signs, and staff recommends revising the ordinance to include fire lane signs with these dimensions. Council Member Lnenicka stated this revision will amend the City fire code to include provisions for use of the standard 12" x 18" signs as used by the State Department of Transportation. MOTION: Council Member Lnenicka made a motion to approve revision of Section 50-33 (b) (3) of the City fire code to allow fire lane signs in the 12" x 18" size. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - (E) Public Hearing - City of Smyrna Fiscal Year 2006 Proposed Budget Mayor Bacon stated this is the first of two hearings to be held in connection with the fiscal year (FY) 2006 budget, and that the proposed budget will be presented for adoption by the city council at the June 20, 2005 meeting. Mr. Wright stated the proposed FY 2006 budget is for funding City operations starting July I, 2005 and ending June 30, 2006. Mr. Wright stated the proposed budget totals $49,909,166 which reflects a 3.2% increase over the FY 2005 budget. Mr. Wright provided details to those present concerning the various components of the proposed budget. Mr. Wright stated there is no planned increase in the City property tax millage rate in connection with the proposed budget. Mr. Wright stated a $1.00 monthly increase in sanitation fees for biweekly in-ground collection is planned as part of the FY 2006 budget. Mr. Wright stated there is no planned increase in sanitation fees for customers with weekly collection service. Mr. Wright stated fee increases for water and sewer service are anticipated to reflect cost increases from the Cobb-Marietta Water Authority. Council Member Wood provided additional details to those present concerning the proposed budget. Council Member Wood stated the proposed budget is based on a millage rate of9.65 mils. Council Member Wood stated copies of the proposed FY 2006 budget are available for public inspection at City Hall. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - June 6, 2005 6 (F) Ordinance 2005-22 - Revision of Section 34-36 {Authority to establish probation office} Mr. Wright stated the ordinance needs to be amended to reflect current operations in the probation and court services departments. Mr. Wright stated changes include deleting the provision that the judge of the municipal court is the supervisor the probation office and clarifYing the source of duties assigned to the probation office. - MOTION: Council Member Scoggins made a motion to approve the revision of Section 34-36 {Authority to establish probation office} of the City ordinances as submitted. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (G) Bid Award - RFP # 5-021- Construction Program Management Services for Parks and Recreation Projects to be funded through the Parks Bond Issue (Clerk's Note: At Mayor Bacon's direction, this matter was brought up for discussion and a vote earlier in the meeting) (H) Authorization for Mayor to Sign the Special Local Option Sales Tax (SPLOST) Intergovernmental Agreement Mr. Wright stated Cobb County is proposing to call for a referendum in September seeking approval of a six-year SPLOST of one percent to begin in January of 2006. Mr. Wright stated that in order for the SPLOST to extend for six years, state law requires the County and Cobb's cities to agree on the disbursement ofthe proceeds. Mr. Wright stated the agreement provides for an estimated $825,000,000 to be collected, with $192,000,000 to be spent on public safety projects, including expansion of the County jail, a new courthouse, and replacement of the 800 mhz radio system. Mr. Wright stated the remainder, $634,000,000, is to be spent on transportation improvements throughout the County. Mr. Wright stated that under the agreement, the City of Smyrna will receive $44,250,458 in SPLOST funds, with $850,000 for replacement of 800 MHz radio equipment owned by the City, and $43,000,000 for transportation improvements within the City. - Mayor Bacon stated the City has worked closely with County officials to identifY specific needs in Smyrna. Mayor Bacon stated the City requested and received from the County a waiver of any additional upgrade costs associated with the 800 mhz communications system for the duration of the SPLOST. Mayor Bacon stated the County has also agreed to consult with City officials before making any decisions concerning upgrades to the 800 mhz radio system. Mayor Bacon stated the County's leadership has agreed to exclude from the SPLOST some transportation improvements which were considered for the area ofMt. Wilkerson Parkway. MOTION: Council Member Pritchett made a motion to approve authorization for the mayor to sign the Special Local Option Sales Tax (SPLOST) Intergovernmental Agreement. The motion was seconded by Council Member McNabb. Council Member Pritchett read to those present A Resolution by the Member Cities of the Cobb Municipal Association Expressing their Unanimous Support for the Special Local Option Sales Tax (SPLOST) Measure as proposed by the Cobb County Board of Commissioners and to be Placed on an Upcoming Ballotfor Public Vote. Council Member Lnenicka provided details to those present concerning various transportation improvement projects which will be funded by the SPLOST. Council Member Newcomb stated the SPLOST will result in tax collections from non-residents of Cobb County so that property owners will not be required bear the entire cost of the improvements. Council Member Pritchett - June 6, 2005 7 stated the Cobb County Board of Education will not receive any funds from this proposed SPLOST. Motion was approved 7 - O. - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: MOTION: Council Member Pritchett made a motion to suspend the rules to add an item to the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - o. MOTION: Council Member Pritchett made a motion to add item #8H (Approval of Temporary Street Closing for a Party on Afton Court on June 18,2005 from 6:00 p.m. until 10:00 p.m.) to the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (A) Approval of May 16,2005 Minutes (B) Approval to authorize the Mayor to sign the 2005 LARP contracts These contracts are for the resurfacing of various streets in the City. The following streets were approved for funding: Honeysuckle Drive, North Cooper Lake Road, Alpine Drive, Anderson Circle, and Brentwood Drive. The City Engineer has reviewed the documents and recommends approval. - (C) Approval to authorize the Mayor to sign an inter-local agreement with Cobb County for a Comprehensive Transportation Plan Cobb County has been awarded a federal grant in the amount of $1,000,000 for a county- wide long range Comprehensive Transportation Plan. The City of Smyrna's cost share based on population is $16,875.00. The City will be given an opportunity to participate, review and provide comment on the plan. The Community Development Director, City Engineer, and City Administrator recommend approval of this agreement. (D) Approval to Install Speed Humps on Mimosa Circle Residents have requested that the City install speed humps on Mimosa Circle due to excessive speeding on this residential street. A petition for speed humps has been signed by 70 percent of the affected property owners. All requirements of the Speed Hump Policy have been met. The City Engineer has reviewed the petition and recommends approval. (E) Approval ofInstallation of Stop Signs on Glenhurst Drive at Vinings Fall Drive It is proposed that stop signs be installed on Glenhurst Drive at Vinings Falls Drive, making this intersection a 3-way stop. The City has received a letter from the Vinings Glen Homeowners Association requesting this 3-way stop. Staff does not oppose the request. (F) Approval of revised Smyrna Municipal Court Bond Schedule / Fine Table The bond schedule / fine table currently in use by the City court needs revision to be in compliance with State standards due to recent passage of Joshua's Law, Senate Bill 226. - June 6, 2005 8 New surcharges have been added to traffic fines imposed in all courts. These are required to be added to the bond I fine and fee schedule. (G) Authorization of Mayor to Sign any and all Documents regarding a Bond Issue involving Ridgeview Institute and the Smyrna Hospital Authority - (H) Approval of Temporary Street Closing for a Party on Afton Court on June 18,2005 from 6:00 p.m. until 10:00 p.m. MOTION: Council Member Lnenicka made a motion to approve the revised consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated there is an opening available for the Ward 1 representative to the Keep Smyrna Beautiful Commission, and that interested persons may contact her regarding this post. Council Member Pritchett encouraged all citizens to consider the upcoming SPLOST measure and to vote on this proposal in the way which they believe best serves their interests. Council Member Scoggins yielded the floor with no report. Council Member McNabb provided additional details to those present concerning transportation improvement projects which can be funded by the proposed SPLOST. Council Member Smith yielded the floor with no report. Council Member Lnenicka reminded those present that there will be a concert in the Market Village area this weekend. Council Member Lnenicka provided additional details to those present regarding the installation of stop signs on Glenhurst Drive at Vinings Fall Drive which was approved at this meeting. Council Member Lnenicka commented favorably on the Memorial Day ceremony which was held at the Veterans Memorial. - Council Member Wood yielded the floor with no report. Mayor Bacon thanked the associates of American Legion Post 160 and everyone else who participated in the Memorial Day ceremony for helping to make this event a memorable one. Mayor Bacon expressed appreciation to Chairman Sam Olens for working with the City on the SPLOST measure. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 8:43 p.m. - June 6, 2005 - /~~ A. MAX BACON, MAYOR ;~.~ 3 - dL&uaJ~ CHARLES PETE WOOD, WARD 7 - 9 ~ ~O~ SUS N D. HIOTT, CITY CLERK ~" j~~ - RON NEWCOMB, WARD 2 ~~ WADE S. LNENICK , WAR 6 ORDINANCE No. 2005-15 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, SECTION 801, RESIDENTIAL DISTRICTS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE UPDATED PROVISIONS FOR LIMITING THE AREA OF IMPERVIOUS SURFACES WHICH CAN BE CREATED IN CERTAIN ZONING DISTRICTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A -Zoning, Section 801, Residential Districts, City of Smyrna, Georgia, be amended by appending additional language to read as follows: "Within the R-30, R-20, R-15 and R-12 Zoning Districts no more than 25% of the required front or street side yard shall be covered by paving or other impervious surfaces. No driveway or other parking area shall be located closer than 5' to a side property line." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this 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. Approved by Mayor and Council this 6th day of .June, 2005. Attest: ~cec~r~ City of Smyrna A. Max Bacon, Mayor Approved as to form: sc~an, Cily Attorney , - - RESOLUTION No. R2005-4 EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; - NOW, THEREFORE, BE IT RESOLVED tha~ the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Passed this 6th day of June, 2005. ~ A. Max Bacon, Mayor ATTEST: ~~is;?l;rY~ - - RESOLUTION No. R200S-4 EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; - NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Passed this 6th day of June, 2005. A. Max Bacon, Mayor ATTEST: ~ {)(YI~ Susan D. Hiott, City Clerk - Resolution No. R2005-5 - CORPORA TE RESOLUTION AND CERTIFICATE OF INCUMBENCY (Commercial Credit Card Account) I, Susan D. Hiott, hereby certify that I am the City Clerk and custodian ofthe records of the Q!y of Smyrna, a corporation duly organized and existing under the laws of Georgia; that the following is a true and correct copy of certain resolutions duly adopted by the Board of Directors of said corporation at a meeting held on the 6~day of June, 2005, at which a quorum was present; and that the following resolutions are in conformity with the charter and by-laws of said corporation and have not since been rescinded or modified. RESOLVED, that this corporation enter into a commercial credit card account relationship with SunTrust BankCard, N.A. ("Bank"); that anyone of the officers of this corporation listed below be and is hereby authorized to enter into, execute and del iver in the name of and on behalf of the corporation the agreements, documents or other instruments deemed reasonable or necessary to establish the commercial credit card account relationship with Bank; and that this corporation shall be bound by the terms and conditions of said agreements, documents or other instruments. RESOLVED FURTHER, that the corporation shall furnish to Bank a certified copy ofthese resolutions, which resolutions shall continue in full force and effect until written notice of the recision or modification of the same has been received by Bank, and to furnish said Bank the names and specimen signatures of the officer(s) named herein, and such persons from time to time holding the above positions. - I hereby certify that the following are the names and specimen signatures of the officer(s) listed in the foregoing resolutions and that each presently holds the title indicated therein: A. Max Bacon Mayor Name Title Wade S. Lnenicka Mayor Pro Tem Charles "Pete" Wood Finance & Administration Committee Chairperson Wayne P. Wright City Administrator ~ ~A.a-?1) f) ~ . i Susan D. Hiott City Clerk IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation this 6~day of June, 2005. (Corporate Seal) City of Smyrna (legal name of corporation) , B~f). C;!~ (print name) Susan D. Hiott Title: City Clerk - Sun Trust VISA Corporate Card Maintenance Form - NAME OF COMPANY: City of Smyrna TYPE OF REQUEST: _ New Account Delete Account _ Change Existing Account # 426627450001 7258 ACCOUNT INFORMA nON CHANGED: Name Address Account Code _ Monthly Credit Limit _ Single Transaction Limit L Other Annual extension CARDHOLDER INFORMATION: Please complete only the appropriate spaces below to indicated change(s) needed. Susan D. Hiott First Name Middle Initial Last Name - 247-13-5041 Social Security Number Account Code Unit No. 770 319 5303 Home Phone Number Business Phone Number Monthly Reconciliation Statement Address P.O. Box 1226 Smyrna, GA 30081 State Zip City LIMITS - Monthly Credit Limit n DC;~ ~ature .. ~~?~ Company gram Manager(9Signature ~ //}/~,S f I Date 6/IO!IJ5" Date Single Transaction Limit ORDINANCE No. 2005-18 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, CHAPTER 50, SECTION 50-33 ESTABLISHMENT OF FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION OF SAID CHAPTER TO REFLECT REQUIRED DIMENSIONS FOR STANDARD SIZE FIRE LANE SIGNS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 50, Sec. 50-33, Establishment of fire lanes on private property devoted to public use, City of Smyrna, Georgia, be amended by changing Sec. 50-33 (b) (3) to read as follows: "Signs shall be, 12 inches by 18 inches or 24 inches by 30 inches or 18 inches by 24 Inches. (Maximum of 50 feet between signs.)" All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this 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. Approved by Mayor and Council this 6th day of June, 2005. Attest: A. Max Bacon, Mayor ~ (~~i1et,/~ f;k >1;<:5~16. City of Smyrna Approved as to form: - 1~ Scott A. Cochran, City Attorney ORDINANCE No. 2005-22 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 34, SECTION 34-36, AUTHORITY TO ESTABLISH PROBATION OFFICE, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION OF SAID CHAPTER TO CLARIFY THE SOURCE OF DUTIES ASSIGNED TO THE PROBATION OFFICE AND TO INCORPORATE CURRENT ST AFFING AND SUPERVISORY ASSIGNMENTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 34, Sec. 34-36, Authority to establish probation office, City of Smyrna, Georgia, be amended to read as follows: "The City shall have the authority to create a probation office. The probation office shall have the duty of supervising persons sentenced to probation in the municipal court. The probation office shall have such other duties as may be given to it by the City. The probation office may collect a monthly probation fee from any individual on probation as is set by the judge of the municipal court." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this 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. Approved by Mayor and Council this 6th day of June, 2005. A. Max Bacon, Mayor ~,'7~ Su an D. Hiott, City Clerk City of Smyrna Approved as to form: - J~ - Scott A. Cochran, City Attorney