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07052005 July 5, 2005 July 5, 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, Deputy City Clerk Lee Miller and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 8 F (Approval to reduce the speed limit from 35 mph to 25 mph and install a traffic calming island on King Street) will be removed from the agenda in order to subsequently study this matter further at the committee level. MAYOR'S REPORT: Mayor Bacon had no report. LAND ISSUES/ZONING/ANNEXATION: (A) Annexation and Rezoning Requests - Church Road and Groover Drive - Easlan Real Estate Acquisitions, LLC Mayor Bacon stated this request was tabled from the June 20, 2005 meeting. - Mr. Wright stated the applicant proposes to build 29 single-family houses on the subject property at a density of 4.24 units per acre. Mr. Wright stated that the Planning and Zoning Board (PZB) has approved this rezoning request, and that staff supports the request with a number of conditions. (I) Public Hearing - Rezoning Request Z05-009 - 6.844 Acre Tract - Cobb County R-20 and Tourist Services [TS] to RAD Conditional- Land Lot 752, Church Road and Groover Drive-Easlan Real Estate Acquisitions, LLC Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Wood recognized Mr. Mark Shaw, representing Easlan Real Estate Acquisitions, LLC (ERE), and asked Mr. Shaw to provide details to those present concerning the applicant's plans for the subject property. Mr. Shaw stated ERE proposes to build 29 single- family houses on the subject property. Mr. Shaw provided details to those present concerning the architectural style proposed for the new houses. Mr. Shaw stated the proposed houses will have a selling price of around $350,000 per house. Mr. Shaw stated the lots will range in size from 6,200 s.f. to 14,000 s.f. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes stated she and other residents ofthe affected area have met with Mr. Shaw and discussed their concerns about the proposed redevelopment with him. - July 5. 2005 2 Council Member Smith asked Mr. Shaw if the variation in sizes ofthe proposed lots is attributable to topography, and Mr. Shaw answered in the affirmative. Council Member Smith asked Mr. Shaw if any storm water detention structures to be built in connection with the proposed development will be located on separate lots, and Mr. Shaw answered in the - affirmative. (2) Approval of Annexation Requests {I 00% of owners requesting annexation} a. Annexation Request - Tract I - 1.610 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Prateen V. Desai, Prasanna V. Kadaba and Jaikrishnan Kadambi MOTION: Council Member Wood made a motion to approve annexation of Tract I, 1.610 acre tract in Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for Prateen V. Desai, Prasanna V. Kadaba and Jaikrishnan Kadambi to become a part of Ward 7 ofthe City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. b. Annexation Request - Tract II - 0.415 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Prateen V. Desai, Prasanna V. Kadaba and Jaikrishnan Kadambi MOTION: Council Member Wood made a motion to approve annexation of Tract 11,0.415 acre tract in Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for Prateen V. Desai, Prasanna V. Kadaba and Jaikrishnan Kadambi to become a part of Ward 7 of the City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - c. Annexation Request - Tract III - 0.383 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Michael Boatright MOTION: Council Member Wood made a motion to approve annexation of Tract III, 0.383 acre tract, Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for Michael Boatright to become a part of Ward 7 of the City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 -0. d. Annexation Request - Tract IV, V and VIII - 1.46 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Ellen Cooper MOTION: Council Member Wood made a motion to approve annexation of Tract IV, V and VIII, 1.46 acre tract, Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for Ellen Cooper to become a part of Ward 7 of the City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. e. Annexation Request - Tract VI - 0.423 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Jess Kight and Paul McParland MOTION: Council Member Wood made a motion to approve annexation of Tract VI, 0.423 acre tract, Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Julv 5, 2005 3 for Jess Kight and Paul McParland to become a part of Ward 7 of the City of Smyrna with an effective date of August 1, 2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - f. Annexation Request - Tract VII - 1.282 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Jess Kight and Paul McParland MOTION: Council Member Wood made a motion to approve annexation of Tract VII, 1.282 acre tract, Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for Jess Kight and Paul McParland to become a part of Ward 7 of the City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. g. Annexation Request - Tract IX - 0.408 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Dolores Cagle MOTION: Council Member Wood made a motion to approve annexation of Tract IX, 0.408 acre tract, Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for Dolores Cagle to become a part of Ward 7 of the City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. h. Annexation Request - Tract X - 0.863 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - John Hill - MOTION: Council Member Wood made a motion to approve annexation of Tract X, 0.863 acre tract, Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. for John Hill to become a part of Ward 7 of the City of Smyrna with an effective date of August 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (3) Final Vote on Rezoning Request 205-009 MOTION: Council Member Wood made a motion to approve Rezoning Request 205-009 for a 6.844 acre tract from Cobb County R-20 and Tourist Services [TS] to RAD Conditional in Land Lot 752, Church Road and Groover Drive for Easlan Real Estate Acquisitions, LLC. Council Member Wood stated approval of the rezoning request will be subject to the following conditions: Standard Conditions (Requirements #2,8, & 17 from Section 1201 of the Zoning Code are not applicable) I. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. - July 5, 2005 4 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association - 4. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right- of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of2' shall be provided between the back of curb and sidewalk. 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". - 11. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 14. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 15. A 10' landscape buffer shall be installed and maintained along the western boundary of the development. - July 5, 2005 5 16. The final plat for the development shall include a right-of-way dedication of 5' on Church Road per the City Engineer. - 17. The development shall maintain the following setbacks: Front -20' Rear - 20' Side - 5' Between Buildings - 15' Mayor Bacon asked Mr. Shaw if he understands the conditions as read by Council Member Wood. Mr. Shaw provided details to those present regarding different setback requirements he would like to apply to this development. Mayor Bacon thanked Mr. Shaw for his efforts to build good-quality houses in Smyrna. Mayor Bacon asked Council Member Wood if the conditions as read into the record are the ones recommended by staff, and Council Member Wood answered in the affirmative. The motion was seconded by Council Member Pritchett. Motion was approved 6 -1, with Council Member McNabb in opposition. Mr. Shaw asked which conditions will apply to the rezoning, and Mayor Bacon stated the conditions formulated by staff and read into the record by Council Member Wood will apply. (B) Public Hearing - Approval of Extension ofthe Apartment Moratorium in the City of Smyrna - Council Member Newcomb stated that, based upon the findings of the Smyrna Apartment Density Study prepared by John Moeller in 1994, at least 60% of the housing in the City should be owner- occupied. Council Member Newcomb stated the moratorium has been in effect since 1994, and that it will be expiring soon and must be extended to remain in effect. MOTION: Council Member Newcomb made a motion to approve extension of the apartment moratorium for another six months. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Variance Request VOS-022 - Reduction of Rear Building Setback - Cooper Lake Road at Nickajack Road (Lot 6) - Affinity Property Holdings - Mr. Wright stated the applicant is requesting a reduction of the rear building setback line from 30 feet to 25 feet to provide additional kitchen and stairwell space. Mr. Wright stated staff believes that the proposed reduction will not adversely affect adjoining residential properties and recommends approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Wood recognized Mr. Michael Tsompanas, representing Affinity Property Holdings (APH), and asked Mr. Tsompanas to explain the need for the requested variance to those present. Mr. Tsompanas provided details to those present concerning the configuration of the structure planned for the subject property and the proposed manner of placing the structure on this particular lot. Mayor Bacon recognized Mr. Randy Chauvin, residing near the subject property, and Mr. Chauvin stated he is seeking assurance that the variance will apply to only one room on the first floor of the proposed structure. Mr. Chauvin stated he is seeking assurance that there will be a Julv 5. 2005 6 screening buffer of suitable vegetation planted along the 72' property line separating his residence from the subject tract. Mayor Bacon asked Mr. Tsompanas if he will agree to comply with Mr. Chauvin's requests, and Mr. Tsompanas answered in the affirmative. Mr. Tsompanas stated he will consult with a landscape architect to determine the best type of plantings for the - subject area. Mayor Bacon recognized Ms. Viveca Famber, residing at 631 Summertree Court, and Ms. Famber expressed concern about tree removal and soil erosion in the subject area. Council Member Lnenicka asked Mr. Tsompanas and Mr. Chauvin if they are both agreeable to stipulations limiting the setback variance to one room on one floor of the proposed structure and requiring a suitable vegetative buffer to be approved by a registered landscape architect along the 72' property line separating Mr. Chauvin's residence from the subject tract, and Messrs. Tsompanas and Chauvin answered in the affirmative. Council Member Newcomb asked Mr. Tsompanas if there are silt fences correctly installed at the subject location, and if the buffer area at the subject location has been encroached upon. Mr. Tsompanas stated silt fences are currently in place at the subject location, and that additional silt fences were installed when the basement and foundation work began. Council Member Newcomb asked Mr. Tsompanas ifthe buffers at the subject location were designated as undisturbed buffers or landscape buffers, and Mr. Tsompanas stated they will be landscape buffers at the completion of the project. MOTION: Council Member Wood made a motion to approve Variance Request V05-022 for a reduction of rear building setback at Cooper Lake Road at Nickajack Road, Lot 6, for Affinity Property Holdings subject to the two stipulations as propounded by Council Member Lnenicka and agreed upon by Mr. Tsompanas and Mr. Chauvin. Council Member Wood stated the stipulations must be complied with before any building permits are issued for the subject property. The motion was seconded by Council Member Smith. Motion was approved 7 - O. -- PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: (A) 35,000 s.f. Retail Building - 3150 Highlands Parkway - The Dexter Company MOTION: Council Member Wood made a motion to approve a commercial building permit for a 35,000 s.f. retail building at 3150 Highlands Parkway for The Dexter Company. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of June 20, 2005 Minutes (B) Approval of Use of Council Chambers for a Meeting of the Roswell Street HOA on July 12,2005 at 7:00 p.m. -- July 5. 2005 7 (C) Approval of the Fiscal Year 2006 Road Improvement List $300,000 has been budgeted in FY2006 for road maintenance needs. Improvements include the resurfacing of 13 City streets and installing curb and gutter on parts of 5 streets to rectifY drainage problems. The City Engineer and Public Works Director have compiled this list and recommend approval. - (D) Approval of Street Closure, and use of Council Chambers if needed due to inclement weather, for Promotion Ceremony for Military Officer on Sunday, July 17,2005 (E) Approval of use of the Council Chambers on July 21,2005 from 7:00 p.m. - 9:00 p.m. for the Community Leadership Development Graduation Ceremony - (F) Amendment to GMEBS Retirement Program-Approval of One- Time COLA for retirees The Mayor and Council have agreed to give all retirees a one time 5% increase in their benefit effective January 1,2006. This ordinance will apply to all retirees and beneficiaries receiving benefits on January 1, 2006, pursuant to the City of Smyrna Retirement Plan established by an ordinance approved November 22, 1971. It is recommended that the Mayor and Council approve this amendment. (G) Amendment of Police Department Rules - Deletion of Article 04-01, sub. IV, D-39 The captioned section of regulations reads "A member shall not act as a parole or probation officer." With the transfer of the probation department, it will become necessary to rescind this one department rule as there will be police officers working as probation officers. MOTION: Council Member Scoggins made a motion to approve the revised consent agenda. The motion was seconded by Council Member McNabb. Motion was approved 6 - 0, with Council Member Newcomb abstaining. COMMITTEE REPORTS: Council Member Pritchett stated the probation department was recently moved to the police department offices for security reasons. Council Member Pritchett stated that, although recent public comment has been made suggesting that the City is operating its probation department improperly, the process of amending regulations and making other changes associated with this relocation has been in progress for some time. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb commented on the recent Supreme Court ruling regarding eminent domain. Council Member McNabb expressed the view that the City's leadership has used these powers of condemnation judiciously and only when necessary. Council Member Smith yielded the floor with no report. - Council Member Lnenicka reminded those present about the concert at the Village Green on Saturday night. Council Member Lnenicka provided details to those present regarding the promotion ceremony scheduled for July 17 at the Veterans Memorial. Council Member Lnenicka congratulated Mr. Wright for being selected as a featured panel speaker at the recent Georgia Municipal Association convention in Savannah. Council Member Lnenicka stated he credits July 5, 2005 8 former council member Jim Hawkins with conceiving the idea for providing benefit increases, for which no provisions exist under the guidelines ofthe City's retirement plan, to City retirees. Council Member Lnenicka stated a pension increase of this type was approved at this meeting. - Council Member Wood yielded the floor with no report. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed the view that some memorial to Stacy Fuller, a police officer killed in the line of duty in 1983, should be placed somewhere in the City police department's premises. ADJOURNMENT: With no further business, the meeting was adjourned at 8:43 p.m. A. MAX BACON, MAYOR ~D.~ SU AN D. HIOTT, CITY CLERK A ~J Je-J~ ~. - RON NEWCOMB, WARD 2 - / u,-WL/ -~ WADE S. LNENICKA, WARD 6 ~. ~~ cJ-JZ CHARLES PETE WOOD, WARD 7 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres 0.863 2005-9 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 Julv 5, 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 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 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 5th day of July, 2005. fi ~ ~ A. Max Bacon, Mayor /r'.~"~---___<,,\. J' ' (\'-./'~ ~/7U D. .---" Susan D. Hiott, City Clerk City of Smyrna - Ordinance 2005-9 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract X as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres 0.408 2005-10 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 July 5, 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 of the 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 sm~Of July, 2005, /. " A. Max Bacon, Mayor '- S . - , ( " C-\/ ,~( \'x// \ ~/l/U EJ. /~{--- /' S\;;!n D. Hiott, City Clerk City of Smyrna - J~ Scott A. Cochran, City Attorney City of Smyrna Ordinance 2005-10 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract IX as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres 1.610 2005-11 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 July 5, 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 ofthe property owners ofthe area to be annexed and ofthe citizens of the 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 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 July, 2005. yof A. Max Bacon, Mayor ~ .... \ ....~. / / .~\:/'-'(/l-LI<.- /l) D.. Y{.{&Y:{. S~ D. Hiott, City Clerk City of Smyrna - J~AttomCY City of Smyrna Ordinance 2005-11 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract I as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres .383 2005- I 2 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 July 5, 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 ofthe property owners ofthe area to be annexed and ofthe 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 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 July, 2005. / day of - A. Max Bacon, Mayor o " -gl~~~ [2k' cglj)~ City of Smyrna - J ,j} --- S ott A. Co~ City Attorney City of Smyrna Ordinance 2005-12 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract III as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres 1.46 2005-13 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe 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 July 5, 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 ofthe property owners of the area to be annexed and ofthe 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 of the City of Smyrna be amended to show the annexation of said property. / A. Max Bacon, Mayor day of SO ORDAINED by the City Council of the City of Smyrna, this July, 2005. ~ _ / .~-W/YL D, Susan D. Hiott, City Clerk City of Smyrna X~::66-- _G-- - ----. Scott A. Cochran, City Attorney City of Smyrna Ordinance 2005-13 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract IV, V & VIII as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres .423 2005-14 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe 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 July 5, 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 ofthe 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 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 July, 2005. A. Max Bacon, Mayor c;2\~uD.~6~ Susan D. Hiott, City Clerk City of Smyrna - l~~- Scott A. Cochran, City Attorney City of Smyrna Ordinance 2005-14 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract VI as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres .415 2005-26 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 ofthe 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 July 5, 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 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 ofthe City of Smyrna, this July, 2005. A. Max Bacon, Mayor c~~u 0. '-I!:d:l-- Susan D. Hiott, City Clerk City of Smyrna - '\ )~ Scott A. Cochran, City Attorney City of Smyrna -. Ordinance 2005-26 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract II as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 752 Acres 1.282 2005-27 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 July 5, 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 ofthe area to be annexed and ofthe citizens of the 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 5th day of luly, 2005, / ~~ A. Max Bacon, Mayor ._--.., (J ~~~;~lcfJ' City of Smyrna S1~'~'. .' . '" ...{ , '. ---.--->- , I' - / - cott A. Cochran, City Attorney City of Smyrna Ordinance 2005-27 - Exhibit "A" All that certain property situated and being in Land Lot 752 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Tract VII as shown on that survey for Easlan Capital of Atlanta, Inc., by Land Development Surveyors, Inc. dated 3/31/05, which survey is incorporated by reference. - -