RES2025-011 - Smyrna- Resolution to Authorize Legal Action
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Resolution 2025-011
Authorizing Legal Action to Resolve a dispute regarding the SDS
Special Called Mayor and Council June 2, 2025
RESOLUTION 2025-011
STATE OF GEORGIA
COBB COUNTY
CITY OF SMYRNA
A RESOLUTION OF THE CITY OF SMYRNA, GEORGIA, AUTHORIZING LEGAL
ACTION TO RESOLVE A DISPUTE REGARDING THE SERVICE DELIVERY
STRATEGY FOR COBB COUNTY; AND FOR OTHER PURPOSES.
WITNESSETH:
WHEREAS, the City of Smyrna, Georgia ("Smyrna") is a municipal corporation duly
organized and existing under the laws of the State of Georgia; and,
WHEREAS, the Service Delivery Act, O.C.G.A. § 36-70-20,
et seq., requires each
county and all cities located therein to develop, approve, and implement a service delivery
strategy that specifies the manner in which all local governmental services will be provided and
funded; and,
WHEREAS, the sanctions provided for in O.C.G.A. § 36-70-27 may soon be
imposed on all local governments and governmental entities within Cobb County. Although a
Service Delivery Agreement between Cobb County and the Cities of Acworth, Austell, Kennesaw,
Marietta, Powder Springs, and Smyrna has been entered into and verified by the Georgia
Department of Community Affairs, there is no Service Delivery Strategy Agreement between
Cobb County and the City of Mableton that has been verified by the Georgia Department of
Community Affairs; and,
WHEREAS, the Service Delivery Act provides for a means by which local governments
can resolve a dispute regarding a service delivery strategy.
THEREFORE, IT IS NOW RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SMYRNA AS FOLLOWS:
1. Incorporation of Recitals. The above -stated recitals are true and correct and
are incorporated as though fully set forth herein.
2. Authorization to Legal Counsel. Smyrna hereby authorizes the firm of Smith,
Welch, Webb & White, LLC., as Special Counsel, upon the imposition of the
sanctions provided for in O.C.G.A. § 36-70-27, to take all actions necessary
or convenient toward seeking mandatory mediation and holding sanction s in
abeyance, judicial resolution, or any other necessary legal endeavor , pursuant
to the dispute resolution process provided for in the Service Delivery Act
generally and O.C.G.A. § 36- 70-25.l(d) particularly. Moreover, the firm of
Smith, Welch, Webb & White, LLC. is hereby authorized to take all such other
legal actions as may be necessary or convenient toward protecting the rights of