Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19860000 English Page iii LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1986 19860000 Compiled and Published by Authority of the State Page v TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 1611 Vetoes by the Governor I Appellate CourtsPersonnel VI Superior CourtsPersonnel and Calendars VI IndexTabular XVII IndexGeneral LXV Population of Georgia CountiesAlphabetically CLXIII Population of Georgia CountiesNumerically CLXVI Georgia Senatorial Districts, Alphabetically by County CLXVIII Georgia Senators, Alphabetically by Name CLXX Georgia Senators, Numerically by District CLXXII Georgia House Districts, Alphabetically by County CLXXV Georgia Representatives, Alphabetically by Name CLXXVII Georgia Representatives, Numerically by District CLXXXV Status of Referendum Elections CXCIII VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of Local Application 3501 County Home Rule Actions 5661 Municipal Home Rule Actions 5725 Vetoes by the Governor I Appellate CourtsPersonnel VI Superior CourtsPersonnel and Calendars VI IndexTabular XVII IndexGeneral LXV Population of Georgia CountiesAlphabetically CLXIII Population of Georgia CountiesNumerically CLXVI Georgia Senatorial Districts, Alphabetically by County CLXVIII Georgia Senators, Alphabetically by Name CLXX Georgia Senators, Numerically by District CLXXII Georgia House Districts, Alphabetically by County CLXXV Georgia Representatives, Alphabetically by Name CLXXVII Georgia Representatives, Numerically by District CLXXXV Status of Referendum Elections CXCIII Page i COMPILER'S NOTE General Acts and Resolutions of the 1986 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 1611. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties which were filed in the office of the Secretary of State during 1985 are printed in Volume II beginning at page 5661. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1985 are printed in Volume II beginning at page 5725. There are no numbered pages between page 1632 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index also contains a list of Code sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the governor. Page vi ACTS BY NUMBERS, PAGE REFERENCES 771 3501 772 3515 773 3531 774 3533 775 1 776 3540 777 3 778 3542 779 3554 780 3557 781 10 782 30 783 3568 784 3578 785 3586 786 3598 787 32 788 37 789 3607 790 38 791 44 792 3609 793 3624 794 3633 795 3635 796 148 797 3644 798 3648 799 3653 800 3658 801 3661 802 149 803 3665 804 3673 805 3675 806 3679 807 3681 808 3684 809 3696 810 3708 811 3710 812 150 813 3712 814 3716 815 3722 816 3724 817 3735 818 153 819 3752 820 3756 821 3772 822 3774 823 3776 824 3778 825 3780 826 3782 827 3784 828 3786 829 3788 830 3790 831 3792 832 3794 833 3796 834 3798 835 3800 836 3803 837 3805 838 3807 839 3809 840 3811 841 3815 842 3819 843 3821 844 3827 845 3829 846 3831 847 3838 848 3840 849 3842 850 3844 851 3846 852 3848 853 155 854 3850 855 3852 856 3855 857 3857 858 3859 859 3861 860 3863 861 3865 862 3867 863 3869 864 3871 Page vii 865 3873 866 3875 867 3877 868 3879 869 3881 870 3883 871 3886 872 3888 873 3890 874 3892 875 3895 876 3897 877 3899 878 3901 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4783 1193 4786 1194 4788 1195 4790 1196 264 1197 272 1198 274 1199 275 1200 277 1201 279 1202 281 1203 282 1204 283 1205 284 1206 288 1207 290 1208 291 1209 294 1210 299 1211 300 1212 303 1213 304 1214 305 1215 306 1216 308 1217 309 1218 311 1219 312 1220 314 1221 316 1222 318 1223 4793 1224 4795 1225 4797 1226 4806 1227 4808 1228 4810 1229 4812 1230 4814 1231 4816 1232 4818 1233 4820 1234 4822 1235 4824 1236 4826 1237 4828 1238 4830 1239 4832 1240 4834 1241 4837 1242 4840 1243 4843 1244 4853 1245 4855 1246 4858 1247 4862 1248 4872 1249 320 1250 321 1251 326 1252 328 1253 330 1254 338 1255 339 1256 344 1257 347 1258 348 1259 350 1260 356 1261 357 1262 362 1263 364 1264 375 1265 377 1266 4902 1267 4948 1268 4953 1269 4961 1270 5002 1271 5004 1272 5007 1273 5009 1274 5011 1275 5013 1276 5015 1277 5017 1278 5019 1279 5023 1280 5026 Page xi 1281 5029 1282 5038 1283 5042 1284 5043 1285 5047 1286 5049 1287 5053 1288 5057 1289 5061 1290 5063 1291 5065 1292 5068 1293 5070 1294 5072 1295 5075 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1259 1610 1262 1611 1263 1612 1265 1613 1266 1614 1269 1615 1272 1616 1277 1617 1280 1618 1283 1619 1312 1620 1313 1621 1321 1622 1322 1623 1325 1624 1326 1625 1329 1626 1333 1627 1337 1628 5656 1629 1445 1630 1446 1631 1453 1632 1454 1633 1459 1634 1460 1635 1464 1636 1465 1637 1467 1638 1468 1639 1478 1640 1480 1641 1483 1642 1488 1643 1489 1644 1491 1645 1494 1646 1496 1647 1508 1648 1513 1649 1516 1650 1518 1651 1519 1652 1526 1653 1531 1654 1534 1655 1536 1656 1538 1657 1543 1658 1547 1659 1549 1660 1550 1661 1552 1662 1553 1663 1555 1664 1559 1665 1581 1666 1584 1667 1585 1668 1586 1669 1588 1670 1591 1671 1594 1672 1596 1673 1601 1674 1603 1675 1605 1676 1607 1677 1608 RESOLUTIONS BY NUMBER, PAGE REFERENCES 52 8 53 39 54 185 55 186 Page xv 56 188 57 190 58 231 59 262 60 457 61 516 62 518 63 519 64 520 65 522 66 523 67 524 68 525 69 526 70 529 71 530 72 531 73 532 74 533 75 534 76 535 77 537 78 538 79 540 80 543 81 544 82 547 83 549 84 551 85 553 86 1612 87 1614 88 1619 89 567 90 1197 91 1198 92 1199 93 1201 94 1203 95 1204 96 5650 97 5652 98 5654 99 1622 100 1623 101 1625 102 1627 103 1628 104 1631 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 14 947 67 1653 80 1461 156 1654 175 1535 181 1399 182 1336 186 1655 212 1455 216 1462 251 1610 264 1481 289 1448 318 1430 328 1482 338 1437 344 1431 345 1611 355 1624 365 1433 377 1667 379 1656 391 1657 395 1018 397 1612 416 1658 422 1613 453 1257 460 948 466 1483 477 1668 493 1453 509 1629 510 821 513 822 514 823 515 824 516 825 517 826 518 827 Page xvi 520 828 521 829 522 830 523 831 524 832 525 833 526 834 527 835 528 836 529 837 555 1526 568 1659 595 1337 612 1660 615 1213 618 1614 666 1625 705 818 748 1669 775 1400 779 1661 787 1677 788 1401 795 1463 806 838 828 1432 840 1464 846 949 850 1484 858 1465 889 1450 906 Veto No. 5 908 1615 962 1616 969 1466 1005 795 1066 1402 1074 1536 1103 774 1105 1438 1109 1588 1113 839 1115 840 1116 841 1117 842 1120 950 1132 843 1133 844 1140 775 1142 1428 1143 951 1144 1467 1146 1670 1147 1436 1149 1662 1153 1338 1154 1503 1156 1339 1158 1663 1159 1537 1162 1214 1166 783 1167 784 1168 785 1169 1664 1171 952 1172 1340 1173 1504 1175 1485 1176 1403 1177 1505 1185 1486 1189 1589 1191 1451 1192 796 1193 1468 1200 1538 1204 820 1206 771 1207 772 1208 790 1210 1527 1211 1454 1212 1341 1213 781 1214 782 1215 787 1216 788 1217 777 1219 1469 1220 953 1222 773 1225 1539 1226 1404 1227 1528 1228 954 1233 1215 1235 1258 1236 1342 1237 778 1238 779 1239 780 1242 1405 1244 776 Page xvii 1246 1665 1252 845 1253 1440 1257 1590 1258 955 1259 791 1261 1449 1262 1447 1263 1446 1270 1666 1273 1470 1276 1487 1277 956 1278 1343 1280 1259 1281 1397 1282 1540 1283 1630 1284 846 1286 1529 1287 1429 1289 847 1290 848 1291 849 1292 850 1293 1541 1294 1631 1295 1344 1296 1632 1297 1633 1298 851 1299 852 1300 1627 1314 853 1315 1617 1316 Veto No. 10 1317 1542 1320 1406 1323 1216 1324 1345 1325 1346 1326 1407 1328 854 1329 1671 1330 1408 1334 1441 1335 1347 1338 1471 1340 1217 1341 1543 1342 1348 1344 1634 1346 1439 1347 1488 1348 1260 1349 957 1351 1349 1352 1350 1353 958 1354 959 1355 1409 1356 804 1357 1626 1359 1351 1360 960 1361 1565 1362 1635 1363 1410 1364 1261 1365 1352 1366 1218 1367 1530 1368 961 1369 1411 1370 1412 1375 1591 1376 1444 1377 1544 1378 1413 1382 1443 1384 1506 1385 1592 1386 1472 1390 786 1391 855 1392 1002 1393 1414 1395 789 1398 1003 1399 1004 1400 1005 1401 1006 1402 1007 1403 856 1404 857 1405 858 1406 859 1407 860 1408 861 1409 862 1412 1489 1416 1415 1420 1490 1421 1593 Page xviii 1422 863 1423 1491 1424 1473 1427 1008 1428 1009 1429 1010 1430 1011 1431 1012 1438 1636 1439 1620 1441 1474 1442 1013 1443 864 1444 1507 1445 1637 1446 1416 1447 1445 1448 1126 1449 865 1450 866 1451 867 1453 808 1454 809 1455 1594 1457 1223 1459 868 1460 1638 1461 869 1462 1262 1463 1417 1464 1492 1465 969 1467 1357 1470 1014 1471 1619 1474 870 1476 1475 1477 1476 1480 1595 1483 871 1487 1618 1488 1418 1489 1545 1490 1596 1491 1015 1492 1016 1493 1358 1494 872 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994 1653 1494 1654 803 1658 1510 1660 995 1661 1242 1662 1511 1664 996 1665 806 1666 1027 1667 879 1668 880 1669 1028 1670 1243 1671 1029 1672 1030 1673 1031 1677 807 1679 1069 1680 1001 1682 1549 1684 1599 1685 1070 1686 1459 1687 1495 1689 1032 1690 1033 1691 1034 1692 1035 1693 1673 1695 1220 1696 1478 1698 1318 1699 1298 1701 881 1702 1113 1703 1071 1704 1114 1710 1036 1711 1072 1712 1479 1713 1600 1714 1396 1717 1073 1720 1037 1721 1115 1722 1074 1723 1442 1724 1116 1727 1117 1728 1075 1729 1319 1730 801 1731 799 1733 1038 1735 1039 1736 1076 1737 1077 Page xx 1738 1078 1739 1079 1740 882 1742 1221 1743 883 1744 1040 1747 884 1748 1452 1749 1118 1750 1286 1751 1222 1752 1119 1755 805 1756 1120 1757 1601 1758 1121 1760 1320 1761 885 1762 886 1763 887 1764 1080 1765 1041 1766 1081 1767 1285 1768 1082 1769 1042 1770 1043 1771 1083 1772 1372 1773 1084 1774 1085 1775 1086 1776 1087 1777 1088 1778 1044 1779 1045 1780 1046 1781 1047 1782 1122 1784 1602 1785 1622 1786 1284 1787 1089 1788 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1930 1306 1932 1365 1933 1266 1934 1292 1935 1267 1938 1354 1939 1268 1941 1269 1942 1575 1943 1293 1944 1142 1945 1305 1946 1162 1948 1163 1949 1381 1950 1382 1951 1164 1952 1496 1953 812 1955 1165 1956 1576 1957 1577 1958 1294 1959 1383 1960 1304 1961 1384 1963 1166 1964 1295 1966 1578 1967 1303 1968 1296 1970 1302 1971 792 1972 1301 1973 1167 1975 1579 1976 1300 1978 1580 1980 1581 1981 1168 1982 1169 1983 1297 1984 1550 1985 1366 1986 1551 1987 1282 1988 1170 1989 811 1990 814 1991 1171 1993 1582 1994 1583 1995 1367 1996 1385 1997 1584 1998 1172 1999 1173 2000 Veto No. 6 2001 1512 2004 1585 2006 1564 2007 1368 2008 1369 2009 1370 2010 1371 Page xxii 2011 1281 2012 1386 2013 797 2014 798 2016 1387 2017 1388 2018 1174 2019 1175 2020 1176 2021 1177 2022 1280 2023 1279 2024 1389 2025 810 2026 Veto No. 9 2027 1586 2028 1278 2029 1178 2030 1179 2031 1390 2032 1180 2033 1181 2034 1391 2035 1392 2036 1277 2037 1276 2038 1182 2039 1275 2040 1393 2041 1183 2042 1274 2043 1273 2044 1394 2045 1184 2046 1272 2050 1587 2052 1271 2053 1395 2054 1355 2055 1185 2056 1356 2057 1563 2058 1270 2061 1566 2062 1359 2063 1360 2064 1361 2065 1186 2067 1362 2069 1363 2070 1364 2071 1248 69 99 125 100 330 74 363 86 470 75 472 76 476 94 477 95 481 77 482 78 500 58 505 87 506 88 507 79 512 80 514 81 515 60 519 82 566 53 572 83 585 89 586 84 587 85 588 61 591 62 593 63 633 64 635 65 643 66 644 102 660 96 662 103 666 67 686 97 689 68 690 91 691 90 716 69 717 70 718 101 720 92 742 71 743 72 770 73 794 98 4 1603 32 1196 45 931 50 1604 56 1460 77 1197 83 1642 109 1605 112 1513 120 1606 135 932 152 1552 164 1326 174 1607 175 888 186 933 206 1608 264 934 267 1674 273 1198 290 889 292 1514 293 1199 296 1327 302 1497 303 1424 306 1643 308 1200 309 1553 311 1515 312 1201 313 1249 316 1434 317 1250 318 1554 322 1644 330 962 331 1202 334 1555 338 935 339 1203 340 1458 341 1328 342 1645 344 936 346 1204 347 937 348 1516 350 938 352 1556 353 890 356 1675 359 891 367 892 368 1557 369 1646 370 939 372 1187 373 893 375 1517 376 1435 377 1647 380 1205 384 1518 386 894 387 1648 391 1425 392 1426 393 1329 395 1649 397 1330 405 1498 406 Veto No. 8 407 895 409 1558 410 940 411 1331 412 1332 415 1251 416 963 417 1499 419 1500 420 1519 421 1520 422 1252 423 1206 424 1207 Page xxiii 425 896 428 941 429 942 433 1333 436 1559 437 943 438 1521 440 1560 441 1501 442 964 443 1208 445 1609 446 897 447 1561 452 898 455 965 456 966 457 1209 463 1562 464 899 Page xxiv 465 1334 469 900 470 1210 471 1335 473 1522 474 944 477 945 478 1211 479 901 481 902 482 1523 484 967 486 903 487 904 489 1427 490 1524 494 968 496 1650 498 1048 499 1049 500 1050 501 1051 502 1052 503 1053 504 1054 505 1188 506 1055 507 1056 508 1057 509 1058 510 1059 511 1060 512 1061 513 1062 514 1063 515 1064 516 1065 518 1066 519 1067 520 905 521 906 522 907 523 908 524 909 525 910 526 911 527 912 528 913 529 914 530 915 531 916 532 1651 534 917 536 1253 537 1525 539 1652 547 918 548 919 549 920 550 1068 551 946 552 1676 553 1457 556 Veto No. 7 557 921 562 1254 565 1212 569 1189 571 1190 572 922 573 1191 574 1244 578 923 579 1255 580 1256 581 1245 583 1502 585 1192 586 1193 587 924 591 925 592 819 593 926 595 927 596 928 597 1246 598 1194 599 929 600 1195 602 930 289 59 292 57 322 52 330 104 334 56 339 54 361 93 436 55 Page 3501 LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1986 SUMTER COUNTY PUBLIC SCHOOL SYSTEM CREATION; MERGER OF SCHOOL SYSTEMS OF SUMTER COUNTY AND THE CITY OF AMERICUS; REFERENDUM. No. 771 (House Bill No. 1206). AN ACT To create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System; to provide for the election of members of the board and for their terms of office; to provide for electoral districts of board members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to provide for the compensation of board members; to provide that said board shall appoint the county school superintendent to serve at the pleasure of the board; to provide for protection of employment rights of current employees; to abolish the county school system of Sumter County and the independent school system of the City of Americus and the boards of education and school superintendents of such systems; to provide for all Page 3502 matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective July 1, 1987, there is created for Sumter County the Sumter County Public School System. The Sumter County Public School System shall be created by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus as such exist on June 30, 1987. The Sumter County Public School System shall be under the control and management of the Board of Education of Sumter County created by this Act. Section 2. Effective July 1, 1987, there is created a board of education for the Sumter County Public School System to be composed of nine members elected from the education districts provided for in Section 3 of this Act. Each member shall be a resident of the education district he represents and shall be elected by the voters of the education district in which he resides. All board members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Sumter County for at least one year immediately preceding the date of their election and within the education district which they represent at least six months immediately preceding the date of their election. Section 3. (a) For the purpose of electing the members of the Board of Education of the Sumter County Public School System, Sumter County shall be divided into nine education districts described by the following boundaries: Education District 1: Start at the intersection of Spring Street in Americus with the western city limits of Americus and follow the city limits of Americus northerly to S.R. 30 (Friendship Road, Adderton Street). Then run easterly along the Friendship Road (Adderton Street) to Armory Drive. Then run northerly along Armory Drive to Allmon Drive (southern most Allmon Drive). Then run westerly along Allmon Drive to the point that Allmon Drive turns to the north. Then run northerly Page 3503 along Allmon Drive to the point that Allmon Drive turns to the East. Then continue northerly in line with Allmon Drive (north and south direction) to the southern boundary of Wallis Acres Subdivision. Then run westerly along the southern boundary of Wallis Acres Subdivision to a point that lines up with the center line of Hickory Drive (north and south). Then run northerly into Hickory Drive and along Hickory Drive to Patton Drive. Then run westerly along Patton Drive to Morris Drive. Then run northerly along Morris Drive to the point where Morris Dr. turns East. Then run easterly along Morris Dr. and continue in a straight line along Morris Dr. extended in a straight line to the water line of Lake Collins. Then run northerly, easterly and southerly along the Americus city limits and the water line of Lake Collins to a point along Lake Collins water line due west of the end of Lakeshore Drive; then easterly along Lakeshore Dr. extended and Lakeshore Drive. Then run southerly and easterly along Lakeshore Drive and the Americus city limits to U.S. 19 (S.R.3). Then run southerly along U.S. 19 (S.R. 3) to Mary Blount Drive. Then run easterly along Mary Blount Drive to the city limits of Americus (west boundary of public housing project). Then run northerly and easterly along the city limits line to Pine St. (Roney Street ends at this point). Then run northerly along Pine St. to Pecan Road. Then run easterly along Pecan Road to Sunset Drive (Sunset Park Sub.). Then run southerly and easterly along Sunset Drive to the Bumphead Road. Then run southerly along the Bumphead Road to the Souther Field Road/Rucker Street intersection. Then run westerly along Rucker Street (Northside Drive) to North Jackson Street. Then run southerly along North Jackson Street to The Central of Georgia Railroad. Then run southwesterly along the Central of Georgia Railroad to Spring Street. Then run southwesterly along Spring Street to the western city limits of Americus and the point of beginning of EDUCATION DISTRICT NO. 1. Education District 2: Start at the intersection of College Street and South Lee Street in the City of Americus and run westerly along West College Street to South Hampton Street. Then run southerly along South Hampton Street to Bell Street. Then run easterly along Bell Street to Oak Avenue. Then run southerly Page 3504 along Oak Avenue to the city limits of Americus (at the end of Oak Avenue). Then run northwesterly along the city limits of Americus to Spring Street. Then run northeasterly along Spring Street to the Central of Georgia Railroad. Then run northeasterly along the Central of Georgia Railroad to North Jackson Street. Then run northerly along North Jackson Street to Peppermint Way. Then run easterly along Peppermint Way to Montgomery Street NO. 1. Then run southerly along Montgomery Street NO. 1 to Price Street. Then run easterly along Price Street to Madison Street. Then run easterly and northerly along Madison Street to Elliott Street. Then run easterly along Elliott Street to Mayo Street. Then run southerly along Mayo Street to Oglethorpe Avenue. Then run southwesterly along Oglethorpe Avenue to East Forsyth Street. Then run westerly along East Forsyth Street to Strife Street. Then run southerly along Strife Street to East Lamar Street. Then run westerly along East Lamar Street to South Lee Street. Then run southerly along South Lee Street to College Street and the point of beginning of EDUCATION DISTRICT NO. 2. Education District 3: Start at the intersection of the Bumphead Road with the Schley-Sumter County Line and run southerly along the Bumphead Road to the intersection of Bumphead Road with Rucker Street and the Souther Field Road. Then run westerly along Rucker Street (Northside Drive) to North Jackson Street in Americus. Then run southerly along North Jackson Street to Peppermint Way. Then run easterly along Peppermint Way to Montgomery Street NO. 1. Then run southerly along Montgomery Street NO. 1 to Price Street. Then run easterly along Price Street to Madison Street. Then run easterly and northerly along Madison Street to Elliott Street. Then run easterly along Elliott Street to Mayo Street. Then run southerly along Mayo Street to Oglethorpe Avenue. Then run easterly along Oglethorpe Avenue to Sunset Drive (Sunset Subdivision). Then run northerly along Sunset Drive to Ridge Street. Then run westerly along Ridge Street to Douglas Circle. Then run northerly along Douglas Circle to Clara Drive. Then run westerly along Clara Drive to Ridge Street. Then run northerly, easterly and southerly along Ridge Street to Douglas Circle. Then run easterly along Page 3505 Douglas Circle to Pinecrest Drive. Then run northerly along Pinecrest Drive to Pine Avenue. Then run easterly and southerly along Pine Avenue to Sharon Drive. Then run easterly along Sharon Drive to Sharon Circle. Then run northerly, easterly and southerly along Sharon Circle to Sharon Drive. Then run easterly along Sharon Drive to S.R. 49 (Macon Road). Then run northerly along S.R. 49 (Macon Road) to the old Stage Road (C.R. 15). Then run easterly along the old Stage Road to the Niel Hodges Road (C.R. 62). Then run along the Niel Hodges Road to C.R. 66. Then continue along the Niel Hodges Road (now C.R. 66) to the Sam Bradley Road (C.R. 14). Then run easterly along the Sam Bradley Road to S.R. 195. Then run southerly along S.R. 195 to Chambliss Mill Creek (Mountain Creek). Then run easterly along the creek to Flint River and the Sumter/Dooly County line. Then run northerly along the Sumter/Dooly County line to its intersection with the Sumter/Macon County line. Then run westerly, northerly and westerly along the Sumter/Macon County line to its intersection with the Sumter/Schley County line. Then run southerly and westerly along the Sumter/Schley County line to its intersection with Bumphead Road and the point of beginning. Education District 4: Start at the intersection of U.S. 19 (S.R. 3) with the Lee-Sumter County line and run northerly along U.S. 19 (S.R. 3) to Bear Creek. Then run easterly along Bear Creek to Muckalee Creek. Then run northerly along Muckalee Creek to the McLittle Bridge Road (C.R. 44). Then run easterly along the McLittle Bridge Road across South Lee Street Road and along the Mask Road (C.R. 45) to S.R. 30 (Leslie Road). Then run southeasterly along S.R. 30 (Leslie Road) to the B. H. Harris Road (C.R. 11). Then run northerly along the B. H. Harris Road to Little Lime Creek. Then run easterly along Little Lime Creek to Lime Creek (which flows thru Browns Mill Pond on the Vienna Road). Then run northerly along Lime Creek to S.R. 27 (Vienna Road). Then run easterly along S.R. 27 (Vienna Road) to the Line Store Road (C.R. 10, Parker Store Road). Then run northerly along the Line Store Road to the Upper River Road (C.R. 296). Then run westerly along the Upper River Road to C.R. 68. Then run northerly along C.R. 68 to the Sam Bradley Road (C.R. Page 3506 14). Then run easterly along the Sam Bradley Road to S.R. 195. Then run Southerly along S.R. 195 to Chambliss Mill Creek (Mountain Creek). Then run easterly along Chambliss Mill Creek to Flint River. Then run southerly along Flint River to the Lee-Sumter County Line. Then run westerly along the Lee-Sumter County Line to U.S. 19 (S.R. 3) and the point of beginning of EDUCATION DISTRICT NO. 4. Education District 5: Start on U.S. 280 (Leslie Road) intersection with the Mask Road (C.R. 45) and run southeasterly to the B. H. Harris Road (C.R. 11). Then run northerly along the B. H. Harris Road to Little Lime Creek. Then run easterly along Little Lime Creek to Lime Creek (flows thru Browns Mill Pond). Then run northerly along Lime Creek to S.R. 27 (Vienna Road). Then run easterly along S.R.27 (Vienna Road) to Line Store Road (Parker Store Road C.R.10). Then run northerly along Line Store Road (C.R.10) to the Upper River Road (C.R. 296). Then run westerly along the Upper River Road to C.R. 68. Then run northerly along C.R. 68 to the Sam Bradley Road (C.R. 14). Then run westerly along the Sam Bradley Road (C.R. 14) to the New Era-Niel Hodges Road intersection. Then run northerly along the Niel Hodges Road (C.R. 66 and C.R. 62) to the old Stage Road (C.R. 15). Then run westerly along the old Stage Road to S.R. 49 (Macon Road). Then run southwesterly along S.R. 49 (Macon Road) to Sharon Drive in the city of Americus. Then run northwesterly along Sharon Drive to Sharon Circle. Then run around Sharon Circle northerly, westerly and southerly back to Sharon Drive. Then westerly along Sharon Drive to Pine Avenue. Then run northerly and westerly along Pine Avenue to Pinecrest Drive. Then run southerly along Pinecrest Drive to Douglas Circle. Then run westerly along Douglas Circle to Ridge Street. Then run along Ridge Street northerly, westerly and southerly to Clara Drive. Then run easterly along Clara Drive to Douglas Circle. Then run southerly along Douglas Circle to Ridge Street. Then run easterly along Ridge Street to Sunset Dr. (Sunset Subdivision). Then run southerly along Sunset Dr. to Oglethorpe Avenue. Then run westerly along Oglethorpe Avenue to East Forsyth Street. Then run westerly along East Forsyth Street to Strife Street. Then run southerly along Strife Street to East Lamar Street. Page 3507 Then run easterly along East Lamar Street to its intersection with U.S. 280. Then run southeasterly along U.S. 280 (Leslie Road) to the Mask Road (C.R. 45) and the point of beginning of EDUCATION DISTRICT NO. 5. Education District 6: Start at the intersection of the Webster-Sumter County line with S.R. 45 and run northerly along S.R. 45 to the old Botsford-Americus Road (C.R. 312). Then run southeasterly along the old Botsford-Americus Road (C.R. 312) to where the Botsford-Americus Road intersects Salters Mill Rd. (C.R. 313). Then run along the Salters Mill Rd. (C.R. 313) northeasterly to C.R. 28. Then run northerly along C.R. 28 to S.R. 308. Then run northwesterly along S.R. 308 to the Dupree Road (C.R. 82). Then run easterly along the Dupree Road to Spann Drive (C.R. 86). Then run along Spann Drive (C.R. 86) northerly and westerly to the city limits of Plains on the eastern side. Then run along the eastern city limits of Plains northerly to U.S. 280 (S.R. 27). Then run northeast along U.S. 280 to Slappey Road (C.R. 298). Then run westerly along Slappey Road to S.R. 45. Then run northerly along S.R. 45 to Youngs Mill Road (C.R. 21). Then run easterly along Youngs Mill Road to S.R. 30 (Friendship Road) intersection with Youngs Mill Road and Tallent Store Road (C.R. 306). Then run northerly along Tallent Store Road to Muckalee Creek. Then run easterly and southerly along Muckalee Creek to S.R. 30 (Friendship Road). Then run easterly along S.R. 30 (Friendship Road and now Adderton Street in Americus) to Armory Drive in the City of Americus. Then run northerly along Armory Dr. to Allmon Drive (southern most Allmon Drive). Then run westerly along Allmon Drive to the point that Allmon Drive turns to the North. Then run northerly along Allmon Drive to the point that Allmon Drive turns to the East. Then continue northerly in line with Allmon Drive (north south direction) to the southern boundary of Wallis Acres Subdivision. Then run westerly along the southern boundary of Wallis Acres Subdivision to a point that lines up with the center line of Hickory Drive (north and south). Then run northerly into Hickory Drive and along Hickory Drive to Patton Drive. Then run westerly along Patton Drive to Morris Drive. Then run northerly along Morris Drive to the point where Morris Dr. turns East. Page 3508 Then run easterly along Morris Dr. and continue in a straight line along Morris Dr. extended in a straight line to the water line of Lake Collins (western side). Then run northerly and easterly and southerly along the city limits of Americus and the water line of Lake Collins to a point along Lake Collins waterline due west of the end of Lakeshore Drive; then easterly along Lakeshore Dr. extended and Lakeshore Drive. Then run southerly and easterly along Lakeshore Drive and the Americus city limits to U.S. 19 (S.R. 3). Then run southerly along U.S. 19 to Mary Blount Drive. Then run easterly along Mary Blount Drive to the city limits of the City of Americus (West boundary of Public Housing Project). Then run northerly and easterly along the city limits of Americus to Pine Street (which is also the end of Roney Street). Then run northerly along Pine Street to Pecan Road. Then run easterly along Pecan Road to Sunset Dr. (Sunset Park Sub.). Then run southerly and easterly along Sunset Drive to Bumphead Road. Then run northerly along Bumphead Road to the Schley-Sumter County Line. Then follow the Schley-Sumter County Line to the northwest corner of Sumter County. Then follow the Marion-Sumter County Line and the Webster-Sumter County Line to S.R. 45 and the point of beginning of EDUCATION DISTRICT NO. 6. Education District 7: Start at the intersection of the Webster-Sumter County line with S.R. 45 and run northerly along S.R. 45 to the old Botsford-Americus Road (C.R. 312). Then run southeasterly along the old Botsford-Americus Road to its intersection with Salters Mill Rd. (C.R. 313). Then continue to run along the Salters Mill Road (C.R. 313) northeasterly to C.R. 28. Then run northerly along C.R. 28 to S.R. 308. Then run northwesterly along S.R. 308 to the Dupree Road (C.R. 82). Then run easterly along the Dupree Road to Spann Road (S.R. 86). Then run along Spann Road (C.R. 86) northerly and westerly to the eastern city limits of Plains. Then run northerly along the city limits of Plains to U.S. 280 (S.R. 27). Then run northeast along U.S. 280 to Slappey Road (C.R. 298). Then run westerly along Slappey Road to S.R. 45. Then run northerly along S.R. 45 to Youngs Mill Road (C.R. 21). Then run easterly along Youngs Mill Road to S.R. Page 3509 30 intersection with Tallent Store Road (C.R. 306). Then run northerly along Tallent Store Road to Muckalee Creek. Then run easterly and Southerly along Muckalee Creek to S.R. 30 (Friendship Road). Then run easterly along S.R. 30 (Friendship Road, Adderton Street in Americus) to the city limits of Americus (westerly side). Then follow the city limits of Americus on the western side southerly to the intersection of the city limits with the Central of Georgia Railroad. Then run southerly along the Central of Georgia Railroad to Muckalee Creek. Then run southeasterly along Muckalee Creek to Murphys Mill Creek. Then run easterly along Murphys Mill Creek to South Lee Street Road (S.R. 377). Then run southerly along South Lee Street Road (S.R. 377) to McLittle Bridge Road (C.R. 44). Then run westerly along McLittle Bridge Road to Muckalee Creek. Then run southerly along Muckalee Creek to Bear Creek. Then run westerly along Bear Creek to U.S. 19 (S.R. 3). Then run southerly along U.S. 19 to the Lee-Sumter County line. Then run westerly along the Lee-Sumter County line to a point where the Lee-Sumter County line turns and runs South. Then run southerly along the Lee-Sumter County line to Kinchafoonee Creek. Then run northwesterly along Kinchafoonee Creek (Terrell/Sumter County line) to the Webster County line. Then run northerly along the Webster-Sumter County line to S.R. 45 and the point of beginning of EDUCATION DISTRICT NO. 7. Education District 8: Start at the intersection of College Street and South Lee Street in Americus and run southerly along South Lee Street to Glessner Street. Then run easterly along East Glessner Street to the Seaboard Systems Railroad. Then run southeasterly along the Seaboard Systems Railroad to its intersection with the southerly city limits of Americus. Then run in a southeasterly, southerly, easterly and northeasterly direction along the city limits of Americus to the intersection of the city limits with U.S. 280 (Leslie Road). Then run southeasterly along U.S. 280 (Leslie Road) to the Mask Road (C.R. 45). Then run southwesterly along the Mask Road to the South Lee Street Road (S.R. 377). Then run northerly along South Lee Street Road to Murphys Mill Branch. Then run westerly along Murphys Mill Branch to Muckalee Creek. Page 3510 Then run northwesterly along Muckalee Creek to the Central of Georgia Railroad. Then run northerly along the Central of Georgia Railroad to that portion of the city limits of Americus due west of Oak Avenue. Then run easterly along the city limits of Americus to Oak Avenue. Then run northerly along Oak Avenue to Bell Street. Then run westerly along Bell Street to South Hampton Street. Then run northerly along South Hampton Street to West College Street. Then run easterly along West College Street to South Lee Street and the point of beginning of EDUCATION DISTRICT NO. 8. Education District 9: Start at the intersection at College Street and South Lee Street in the City of Americus and run southerly along South Lee Street to Glessner Street. Then run easterly along East Glessner Street to the Seaboard Systems Railroad. Then run southeasterly along the Seaboard Systems Railroad to its intersection with the southerly city limits of Americus. Then run in a southeasterly, southerly, easterly and northeasterly direction along the city limits of Americus to the intersection of the city limits with U.S. 280 (Leslie Road). Then run northwesterly along U.S. 280 to its intersection with East Lamar Street. Then run westerly along East Lamar Street to Lee Street. Then run southerly along South Lee Street to College Street and the point of beginning of EDUCATION DISTRICT NO. 9. (b) Any reference in subsection (a) of this section to the city limits of the City of Americus shall mean the city limits as such existed on July 10, 1985. Section 4. (a) The first members of the board of education shall be elected at the general election held in November, 1986. The five members elected from Education Districts 1, 3, 5, 7, and 9 shall take office on July 1, 1987, and shall serve for initial terms which shall expire on December 31, 1990, and when their successors are elected and qualified. The four members elected from Education Districts 2, 4, 6, and 8 shall take office on July 1, 1987, and shall serve for initial terms which shall expire on December 31, 1988, and when their successors are elected Page 3511 and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Any member of the board of education shall be eligible to succeed himself. (b) All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 5. In the event a vacancy occurs on the board of education for any reason other than expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Section 6. The members of the Board of Education of the Sumter County Public School System shall elect annually one of their number to serve as chairman of the board. Section 7. The members of the board of education shall be compensated by an amount equal to that provided by Code Section 20-2-55 of the O.C.G.A. Section 8. The Board of Education for the Sumter County Public School System created by this Act shall be the successor to the board of education of the county school system of Sumter County and the board of education of the independent school system of the City of Americus and shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to county boards of education. Section 9. The Board of Education for the Sumter County Public School System shall appoint the school superintendent for such system who shall serve at the pleasure of the board. The superintendent shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to superintendents of county school systems. Page 3512 Section 10. All employees of the county school system of Sumter County and the independent school system of the City of Americus shall have the same employment rights in the system created by this Act as they hold under constitutional and statutory provisions of the State of Georgia. Section 11. Effective July 1, 1987, all property and facilities and all assets, debts, and obligations, except as provided in Section 12 of this Act, of the county school system of Sumter County and the independent school system of the City of Americus shall be transferred to the Sumter County Public School System and shall become the property and facilities and the assets, debts, and obligations of the Sumter County Public School System. Section 12. Outstanding bonded indebtedness of the county school system of Sumter County and outstanding bonded indebtedness of the independent school system of the City of Americus shall not be transferred to and shall not become obligations of the Sumter County School System. (b) Bonds issued by the independent school system of the City of Americus shall remain obligations of the taxpayers of the City of Americus as it shall exist on June 30, 1987, and no property in Sumter County outside of the corporate limits of the City of Americus shall be liable to taxation for the payment of the bonded indebtedness incurred by the independent school system of the City of Americus prior to July 1, 1987. Each year the city shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon. (c) Bonds issued by the county school system of Sumter County shall remain obligations of the taxpayers of Sumter County School District as it shall exist on June 30, 1987, and no property in the City of Americus shall be liable to taxation for the payment of the bonded indebtedness incurred by the county school system of Sumter County prior to July 1, 1987. Each year the county shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon. Section 13. The board of education of the county school system in Sumter County and the board of education of the Page 3513 independent school system in the City of Americus shall continue to control and manage their respective school systems until June 30, 1987. Effective July 1, 1987, the county school system in Sumter County, the board of education of such school system, and the position of school superintendent for such system and the independent school system in the City of Americus, the board of education of such system, and the position of school superintendent for such system shall stand abolished, and the terms of office of the members of such boards shall expire. Section 14. No elections shall be held to fill any positions on the board of education of the county school system in Sumter County as such system exists on the effective day of this Act. Members of the board of education of the county school system whose current terms expire December 31, 1986, shall continue to serve until July 1, 1987. Section 15. Not less than 15 nor more than 30 days after the earliest date on which the special election provided for in this section may lawfully be called under the federal Voting Rights Act of 1965, it shall be the duty of the election superintendent for Sumter County and the election superintendent for the City of Americus to simultaneously issue the call for elections to be held on the same date for the purpose of submitting this Act separately to the electors of the Sumter County School District and to the electors of the City of Americus School District for approval or rejection. The election superintendents shall set the date of such elections for the same day not less than 30 days after the date of the issuance of the call. The election superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Sumter County and the City of Americus. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating the Sumter County Public School System and the board of education for the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus and providing for other matters relative thereto be approved? Page 3514 All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast in the Sumter County School District and if more than one-half of the votes cast in the City of Americus School District are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such elections shall be borne by Sumter County and the City of Americus. It shall be the duty of the election superintendents to hold and conduct such elections. It shall be their further duty to certify the result thereof to the Secretary of State. Section 16. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 2903 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill creating the Sumter County Public School System and the Board of Education for the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus and providing for other related matters; and providing for a referendum and for other purposes. William T. Hodges, Sumter County Board of Education Dr. James Herron, Americus City Board of Education Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who, on oath, deposes and says that he is Representative from the 116th Page 3515 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following date: January 10, 1986. /s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved January 21, 1986. TROUP COUNTY BOARD OF EDUCATION; ELECTION; SCHOOL SUPERINTENDENT; APPOINTMENT; ACT CONTINUING LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM. No. 772 (House Bill No. 1207). AN ACT To provide a board of education of Troup County; to provide for the election of members of the board; to provide education districts from which members of the board shall be elected; to provide qualifications of members of the board; to provide for an appointed school superintendent; to provide for filling vacancies; to provide for other matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Page 3516 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The board of education of Troup County shall be composed of six members who shall be elected as provided in this Act. For the purpose of electing members of the board, Troup County shall be divided into six education districts described as follows: EDUCATION DISTRICT 1: BEGINNING at the point of intersection of the centerline of Avenue E in the City of West Point, Georgia and the county line separating the Counties of Troup and Harris and extending in a northerly direction along the centerline of said Avenue E to its intersection with the centerline of U. S. Highway 29; continuing thence in a northerly direction along the centerline of Avenue E and U. S. Highway 29 to its point of intersection with the centerline of the Seaboard System Railroad right of way; thence proceed in a northeasterly direction along the centerline of the Seaboard System Railroad right of way to its point of intersection with the centerline of Lovelace Road; thence in an easterly direction along the centerline of Lovelace Road to its intersection with the centerline of Long Cane Creek; thence in a northerly direction following the meanderings of the centerline of Long Cane Creek to its intersection with the centerline of the aforementioned Seaboard System Railroad; thence in a northerly and northeasterly direction along the centerline of Seaboard System Railroad right of way across Gabbettville Road to its intersection with the centerline of an unnamed branch; thence following the meanderings of the centerline of said branch to its intersection with the centerline of Cannonville Road (Long Cane Road); thence in a westerly direction along the centerline of Cannonville Road (Long Cane Road) to its point of intersection with the centerline of U. S. Highway 29; thence in a northeasterly direction along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Old West Point Road; thence in a northeasterly direction along the centerline of Old West Point Road to its intersection with the centerline of Cannonville Road as extended; thence in a southerly direction along the centerline of Cannonville Road to its point of intersection with the centerline of an unnamed road, as extended, (being road numbered 371); thence in an easterly, southerly and westerly direction along the centerline of said unnamed road to its point of intersection Page 3517 with the centerline of Cannonville Road; thence in a southeasterly direction along the centerline of Cannonville Road to its intersection with the centerline of the Seaboard System Railroad right of way; thence in a northeasterly direction along the centerline of said railroad right of way to its point of intersection with an unnamed branch; thence southerly along the centerline of said unnamed branch to its intersection with the centerline of Long Cane Creek; thence in a generally southerly direction along the centerline of Long Cane Creek to its intersection with the centerline of Robert Taylor Road; thence in an easterly direction along the centerline of Robert Taylor Road to its point of intersection with the centerline of the right of way of U. S. Highway Interstate 85-1; thence in a southwesterly direction along the centerline of the right of way of U. S. Highway Interstate 85-1 to its intersection with the centerline of Old Gabbettville Road, dead end, (being road numbered 308); thence in a southeasterly direction along the centerline of said Old Gabbettville Road to its point of intersection with the centerline of Webb-Bartley Road; thence in an easterly direction along the centerline of Webb-Bartley Road to its intersection with the centerline of Webb Road; thence in a southerly direction along the centerline of Webb Road to its intersection with the centerline of Adams Road as extended; thence in an easterly and southeasterly direction along the centerline of Adams Road to its intersection with the centerline of Georgia Highway 18; thence in a southeasterly direction along the centerline of Georgia Highway 18 to its intersection with the centerline of Flat Shoals Creek; thence in a northerly, easterly and northwesterly direction following the meanderings of the centerline of Flat Shoals Creek to its intersection with the centerline of Georgia Highway 219; thence in a northeasterly direction along the centerline of Georgia Highway 219 to its intersection with the centerline of Burkes Chapel Road; thence in a northeasterly direction along the centerline of Burkes Chapel Road to its intersection with the centerline of Salem Road; thence in a southerly and southeasterly direction along the centerline of Salem Road to its intersection with the centerline of Oak Grove Road; thence in a southeasterly and easterly direction along the centerline of Oak Grove Road to its intersection with the centerline of Tucker Road; thence in a northerly direction along the centerline of Tucker Road to its intersection with the centerline of Thompson Road; thence in an easterly direction along the centerline of Thompson Road to its intersection with the Page 3518 centerline of U. S. Highway 27; thence in a northwesterly direction along the centerline of U. S. Highway 27 (Georgia Highway 1) to its point of intersection with the centerline of Flat Shoals Creek; thence in an easterly, northeasterly, southeasterly and northwesterly direction along the centerline of Flat Shoals Creek to its point of intersection with the centerline of Big Springs Creek; thence in a northeasterly direction following the meanderings of the centerline of Big Springs Creek to its intersection with the centerline of the right of way of the Coastline Railroad; thence in a westerly and northwesterly direction along the centerline of said railroad right of way to its point of intersection with the centerline of Frost School Road; thence in a northeasterly direction along the centerline of Frost School Road to its intersection with the centerline of Big Springs Creek; thence in a southerly direction along the centerline of Big Springs Creek to its intersection with the centerline of an unnamed creek at the line separating Georgia Militia District No. 698 from Georgia Militia District No. 697; thence in a northeasterly and southeasterly direction along the centerline of said unnamed creek to the county line dividing Troup County and Meriwether County; thence in a southerly direction along the county line dividing Meriwether County and Troup County and continuing along the county line dividing Harris County and Troup County to its point of intersection with Avenue E in the City of West Point, Georgia which is the beginning point. EDUCATION DISTRICT 2: BEGINNING at the point of intersection of the centerline of U. S. Highway Interstate 85-1 and the centerline of Old Gabbettville Road, dead end, (being road numbered 308) and extending in a southeasterly direction along the centerline of said Old Gabbettville Road to its intersection with the centerline of Webb-Bartley Road; thence in an easterly direction along the centerline of Webb-Bartley Road to its point of intersection with the centerline of Webb Road; thence in a southerly direction along the centerline of Webb Road to its intersection with the centerline of Adams Road as extended; thence in an easterly and southeasterly direction along the centerline of Adams Road to its intersection with the centerline of Georgia Highway 18; thence in a southeasterly direction along the centerline of Georgia Highway 18 to its intersection with the centerline of Flat Shoals Creek; thence in a northerly, easterly and northwesterly direction following the meanderings of the centerline of Flat Shoals Creek to its intersection Page 3519 with the centerline of Georgia Highway 219; thence in a northeasterly direction along the centerline of Georgia Highway 219 to its intersection with the centerline of Burkes Chapel Road; thence in a northeasterly direction along the centerline of Burkes Chapel Road to its intersection with the centerline of Salem Road; thence in a southerly and southeasterly direction along the centerline of Salem Road to its intersection with the centerline of Oak Grove Road; thence in a southeasterly and easterly direction along the centerline of Oak Grove Road to its intersection with the centerline of Tucker Road; thence in a northerly direction along the centerline of Tucker Road to the centerline of its intersection with Thompson Road; thence in an easterly direction along the centerline of Thompson Road to its intersection with the centerline of U. S. Highway 27; thence in a northwesterly direction along the centerline of U. S. Highway 27 (Georgia Highway 1) to its point of intersection with the centerline of Flat Shoals Creek; thence in an easterly, northeasterly, southeasterly and northwesterly direction along the centerline of Flat Shoals Creek to its point of intersection with the centerline of Big Springs Creek; thence in a northeasterly direction following the meanderings of the centerline of Big Springs Creek to its intersection with the centerline of the right of way of the Coastline Railroad; thence in a westerly and northwesterly direction along the centerline of said railroad right of way to its point of intersection with the centerline of Frost School Road; thence in a northeasterly direction along the centerline of Frost School Road to its intersection with the centerline of Big Springs Creek; thence in a southerly direction along the centerline of Big Springs Creek to its intersection with the centerline of an unnamed creek at the line separating Georgia Militia District No. 698 from Georgia Militia District No. 697; thence in a northeasterly and southeasterly direction along the centerline of said unnamed creek to the county line dividing Troup County and Meriwether County; thence in a northerly direction along the line separating Meriwether County and Troup County to its point of intersection with the centerline of Georgia Highway 109; thence in a westerly direction along the centerline of Georgia Highway 109 to its intersection with the Corporate Limits of Mountville, Georgia (inactive); thence in a southerly and westerly direction along the city limit line of Mountville (inactive) to its point of intersection with the centerline of Georgia Highway 109; thence in a westerly direction along the centerline of Georgia Highway 109 to its Page 3520 point of intersection with the centerline of Callaway Church Road; thence in a southeasterly direction along the centerline of Callaway Church Road to its point of intersection with the city limits of the City of LaGrange; thence in a westerly direction along the city limits of the City of LaGrange to its point of intersection with the centerline of U. S. Highway Interstate 85-1; thence in a southwesterly direction along the centerline of U. S. Highway Interstate 85-1 to its point of intersection with the centerline of Big Springs Road; thence in an easterly and southeasterly direction along the centerline of Big Springs Road to its point of intersection with U. S. Highway Interstate 185; thence in a southerly direction along the centerline of U. S. Highway Interstate 185 to its intersection with the centerline of Panther Creek; thence in a westerly and southwesterly direction along the centerline of Panther Creek to its point of confluence with Long Cane Creek; thence along the centerline of Long Cane Creek to its intersection with the centerline of Georgia Highway 219; thence in a northerly direction along the centerline of Georgia Highway 219 to its point of intersection with the centerline of U. S. Highway Interstate 85-1; thence in a southwesterly direction along the centerline of U. S. Highway Interstate 85-1 to its intersection with the centerline of Old Gabbettville Road, dead end, which is the Point of Beginning. EDUCATION DISTRICT 3: BEGINNING at the point of intersection of the centerline of Georgia Highway 109 and the county line dividing Troup County and Meriwether County and extending thence in a westerly direction along the centerline of said Highway 109 to its intersection with the Corporate Limits of Mountville, Georgia (inactive); thence in a southerly and westerly direction along the city limit line of Mountville (inactive) to its point of intersection with the centerline of Georgia Highway 109; thence in a westerly direction along the centerline of Georgia Highway 109 to its point of intersection with the centerline of U. S. Highway Interstate 85-1; thence in a northeasterly direction along the centerline of U. S. Highway Interstate 85-1 to its point of intersection with the centerline of Beech Creek; thence along the meanderings of the centerline of Beech Creek in a generally westerly direction across Youngs Mill Road into property of the United States of America, Corps of Engineers (the West Point Dam Project) and continuing in the West Point Dam Project along the bed of Beech Creek and continuing along the bed of Yellow Jacket Creek to its intersection in the Page 3521 West Point Dam Reservoir with the bed of the Chattahoochee River; thence in a northerly direction in the West Point Dam Project along the bed of the Chattahoochee River to its intersection with the bed of Wall Creek; thence in a northerly direction along the bed of Wall Creek and out of the West Point Dam Project along the centerline of Wall Creek to its intersection with the county line separating Troup County and Heard County, Georgia; thence in a northerly, easterly, southerly and northeasterly direction along the county line separating Heard and Troup counties and continuing along the county line separating Coweta County and Troup County and along the county line separating Meriwether County and Troup County to the point of intersection of the Meriwether and Troup County line with the centerline of Georgia Highway 109 which is the Point of Beginning. There is excluded herefrom and not included as a part of this Education District 3, that portion encompassed by and included within the Corporate Limits of the City of Hogansville which is by this reference excluded herefrom. EDUCATION DISTRICT 4: BEGINNING at the point of intersection of the county line separating Troup County and Heard County, Georgia with the centerline of Wall Creek and extending in a southerly direction along the meanderings of the centerline of Wall Creek to the point at which such creek enters property of the United States of America, Corps of Engineers (the West Point Dam Project) and continuing along the bed of said creek in the West Point Dam Project to the point of intersection of the bed of said creek with the bed of the Chattahoochee River in the West Point Dam Project; continuing in a southerly direction along the bed of the Chattahoochee River in the West Point Dam Project to its point of intersection with the bed of Yellow Jacket Creek in the West Point Dam Project; thence in a northeasterly direction along the bed of Yellow Jacket Creek to its point of intersection with the bed of Jackson Creek; thence in a southeasterly direction along the bed of Jackson Creek to its point of intersection with the centerline of Country Club Road; thence in a southeasterly direction along the centerline of Country Club Road to its intersection with the city limits of LaGrange; thence in a generally southerly, westerly, northerly, westerly, southerly, and westerly direction along said city limits of LaGrange to its intersection with the centerline Page 3522 of Old West Point Road; thence northerly along the centerline of the Old West Point Road to its intersection with the center line of U. S. Highway 29; thence southwesterly along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Fling Road; thence in a northerly direction along the centerline of Fling Road to its point of intersection with the centerline of Seaboard System Railroad right of way; thence in a generally westerly direction along the centerline of said railroad right of way to the point of intersection of said railroad right of way with the centerline of Georgia Highway 109 in the vicinity of Pyne Road; thence along the centerline of Georgia Highway 109 in a southwesterly and northwesterly direction to its point of intersection with the line dividing Georgia Militia District 735 from Georgia Militia District 656; thence in a southwesterly direction along the line dividing Georgia Militia District 735 from Georgia Militia District 656 to the point of intersection of said district line with the district line dividing Georgia Militia District 656 from Georgia Militia District 804 which point is within property of the United States of America, Corps of Engineers (the West Point Dam Project) and in the bed of the Chattahoochee River; thence in a southwesterly direction totally within the confines of the West Point Dam Project to the State Line separating the State of Georgia from the State of Alabama and which is also the line separating Troup County, Georgia from Chambers County, Alabama; thence in a northerly direction along said State Line which is also the line separating Chambers County, Alabama from Troup County, Georgia and which becomes the line separating Randolph County, Alabama from Troup County, Georgia to its point of intersection with the county line separating Heard County, Georgia from Troup County, Georgia; thence in a northeasterly and northerly direction along the county line separating Heard County and Troup County to its point of intersection with the centerline of Wall Creek which is the Point of Beginning. There is excluded herefrom and not included as a part of this Education District 4, that portion encompassed and included with the Corporate Limits of the City of LaGrange which is by this reference excluded herefrom. EDUCATION DISTRICT 5: BEGINNING at the point of intersection of U. S. Highway Interstate 85-1 and the centerline of Georgia Highway 109 and running thence in a northeasterly Page 3523 direction along the centerline of U. S. Highway Interstate 85-1 to its point of intersection with the centerline of Beech Creek; thence along the centerline of Beech Creek in a westerly direction across U. S. Highway 29, Hammett Road and Youngs Mill Road into property of the United States of America, Corps of Engineers (the West Point Dam Project); thence along the bed of Beech Creek in the West Point Dam Project and continuing along the bed of Yellow Jacket Creek in the West Point Dam Project to its point of intersection in the West Point Dam Project with the bed of Jackson Creek; thence in a southeasterly direction along the bed of Jackson Creek in the West Point Dam Project to its point of intersection with the centerline of Country Club Road; thence in a southeasterly direction along the centerline of Country Club Road to its intersection with the city limits of LaGrange; thence in a generally southerly, westerly, northerly, westerly, southerly, and westerly direction along said city limits of LaGrange to its point of intersection with the centerline of Old West Point Road; thence northerly along the centerline of Old West Point Road to its intersection with the centerline of U. S. Highway 29 (Georgia Highway 14); thence in a southwesterly direction along the centerline of U. S. Highway 29 to its point of intersection with a branch between the intersection of said U. S. Highway 29 with Hudson Road (Road Number 103) on the southwest and Road Number 104 on the Northeast; thence in a southeasterly, easterly and southerly direction along said branch across the Old West Point Road in the vicinity of Road Number 102 and continuing across the right of way of the Seaboard System Railroad to the point of intersection of said branch with the centerline of Blue John Creek; thence in a southwesterly direction along the centerline of Blue John Creek to its point of intersection with the centerline of Long Cane Creek; thence in a southeasterly direction along the centerline of Long Cane Creek to its point of intersection with the centerline of U. S. Highway Interstate 85-1; thence in a northeasterly direction along the centerline of U. S. Highway Interstate 85-1 to its point of intersection with the centerline of Georgia Highway 219; thence in a southerly direction along the centerline of Georgia Highway 219 to its point of intersection with the centerline of Long Cane Creek; thence in a northeasterly direction along the centerline of Long Cane Creek to its point of intersection with the centerline of Panther Creek; thence in a northeasterly direction along Panther Creek to its point of intersection with the centerline of U. S. Highway Interstate Page 3524 185; thence in a northerly direction along the centerline of U. S. Highway Interstate 185 to its point of intersection with the centerline of Big Springs Road; thence in a westerly direction along the centerline of Big Springs Road to its point of intersection with the centerline of U. S. Highway Interstate 85-1; thence in a northeasterly direction along the centerline of U. S. Highway Interstate 85-1 to its point of intersection with the Corporate Limits of the City of LaGrange; thence along the Corporate Limits of the City of LaGrange in a southerly, easterly and northwesterly direction to its intersection with the centerline of Georgia Highway 109; thence westerly along the centerline of Georgia Highway 109 to its point of intersection with the centerline of U. S. Highway Interstate 85-1, the Point of Beginning. There is excluded herefrom and not included as a part of this Education District 5, that portion encompassed and included within the Corporate Limits of the City of LaGrange which is by this reference excluded herefrom. EDUCATION DISTRICT 6: BEGINNING at the point of intersection of the centerline of Avenue E in the City of West Point, Georgia and the county line separating the Counties of Troup and Harris and extending in a northerly direction along the said Avenue E to its intersection with U. S. Highway 29; continuing thence in a northerly direction along the centerline of Avenue E and U. S. Highway 29 to its point of intersection with the centerline of the Seaboard System Railroad right of way; thence in a northeasterly direction along the centerline of the Seaboard System Railroad right of way to its point of intersection with the centerline of Lovelace Road; thence in an easterly direction along the centerline of Lovelace Road to its intersection with the centerline of Long Cane Creek; thence in a northerly direction following the meanderings of the centerline of Long Cane Creek to its intersection with the centerline of the aforementioned Seaboard System Railroad; thence in a northerly and northeasterly direction along the centerline of the Seaboard System Railroad right of way across Gabbettville Road to its intersection with the centerline of an unnamed branch; thence following the meanderings of the centerline of said branch to its intersection with the centerline of Cannonville Road (Long Cane Road); thence in a westerly direction along the centerline of Cannonville Road (Long Cane Road) to its point Page 3525 of intersection with the centerline of U. S. Highway 29; thence in a northeasterly direction along the centerline of U. S. Highway 29 to its point of intersection with the centerline of Old West Point Road; thence along the centerline of Old West Point Road to its intersection with the centerline of Cannonville Road as extended; thence in a southerly direction along the centerline of Cannonville Road to its point of intersection with the centerline of an unnamed road, as extended (being road numbered 371); thence in an easterly, southerly and westerly direction along the centerline of said unnamed road to its point of intersection with the centerline of Cannonville Road; thence in a southeasterly direction along the centerline of Cannonville Road to its intersection with the centerline of the Seaboard System Railroad right of way; thence in a northeasterly direction along the centerline of said railroad right of way to its point of intersection with an unnamed branch; thence southerly along the centerline of said unnamed branch to its intersection with the centerline of Long Cane Creek; thence in a generally southerly direction along the centerline of Long Cane Creek to its intersection with the centerline of Robert Taylor Road; thence in an easterly direction along the centerline of Robert Taylor Road to its point of intersection with the centerline of the right of way of U. S. Highway Interstate 85-1; thence in a northeasterly direction along the centerline of U. S. Highway Interstate 85-1 to its point of intersection with the centerline of Long Cane Creek which is also on the Militia District line separating Georgia Militia District 804 and Georgia Militia District 655; thence in a northwesterly direction along said creek to its point of intersection with the centerline of Blue John Creek; thence northeasterly along the centerline of Blue John Creek to its intersection with an unnamed branch; thence in a northerly and northwesterly direction across Old West Point Road to the intersection of said branch with the centerline of U. S. Highway 29; thence in a northeasterly direction along the centerline of said U. S. Highway 29 to its point of intersection with the centerline of Fling Road; thence in a northerly direction along the centerline of Fling Road to its intersection with the centerline of the Seaboard System Railroad right of way; thence in a generally westerly direction along the centerline of the Seaboard System Railroad right of way to its point of intersection with the centerline of Georgia Highway 109; thence in a southwesterly and northwesterly direction along the centerline of Georgia Highway 109 to its point of intersection with property owned Page 3526 by the United States of America, Corps of Engineers (the West Point Dam Project) in the bed of the Chattahoochee River at its point of intersection with the line dividing Georgia Militia District 735 from Georgia Militia District 656; thence in a southwesterly direction along the line dividing Georgia Militia District 735 from Georgia Militia District 656 which is in the bed of the Chattahoochee River to the point of intersection of such line with the line dividing Georgia Militia District 656 from Georgia Militia District 804; thence in a southwesterly direction within property owned by the United States of America, Corps of Engineers, (the West Point Dam Project) to the State Line dividing the State of Georgia from the State of Alabama which is also the county line dividing the County of Troup from Chambers County, Alabama; thence in a southerly direction along the line dividing the State of Alabama from the State of Georgia and also Chambers County, Alabama from Troup County, Georgia to its point of intersection with the line dividing Harris County, Georgia from Troup County, Georgia; thence in an easterly direction along the line dividing Harris County, Georgia from Troup County, Georgia to its point of intersection with Avenue E in the City of West Point, Troup County, Georgia, the Point of Beginning. The boundary lines described above are drawn in red on a map entitled General Highway Map - Troup County, Georgia prepared by the Department of Transportation, Division of Planning and Programming, Planning Data Services, in cooperation with the U. S. Department of Transportation, Federal Highway Administration - 1985, triplicate copies of which are permanently filed in the office of the Superintendent of the Troup County School System and the boundary lines shown thereon are by this reference incorporated in and made a part hereof. Section 2. There shall be one member of the board elected from each education district. A person may not offer as a candidate for election to the board from any education district other than the education district in which he or she is a legal resident. The board member representing each education district shall be elected by a majority vote of the registered voters of that district casting ballots in an election. In the event a member moves his or her residence from the education district which the member represents, a vacancy shall be created. Page 3527 Section 3. No person shall be eligible to offer for election to the board or serve thereon unless that person is at least 21 years of age, has been a resident of the state at least one year, and has been a resident of the territory embraced within the education district from which that person offers as a candidate for at least six months immediately preceding the date such person qualifies as a candidate. Should a vacancy occur in the office of any member of the board, a successor shall be appointed by the grand jury of Troup County for the unexpired term. Section 4. (a) The two members of the board of education of Troup County who were elected at the general election of 1982 shall continue to serve until December 31, 1988. Effective January 1, 1987, W. L. Cooley shall be the member representing Education District 5 and James G. Heflin shall be the member representing Education District 6. The successors to such members shall be elected at the 1988 general election and shall take office on January 1, 1989, for terms of six years and until their successors are elected and qualified. Future successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of six years and until successors are elected and qualified. (b) The two members of the board of education of Troup County who were elected at the general election of 1984 shall continue to serve until December 31, 1990. Effective January 1, 1987, Jamie B. Taylor shall be the member representing Education District 2 and J. Frank Slaughter shall be the member representing Education District 3. The successors to such members shall be elected at the 1990 general election and shall take office on January 1, 1991, for terms of six years and until their successors are elected and qualified. Future successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of six years and until successors are elected and qualified. (c) The first members of the board of education provided for by this Act from Education Districts 1 and 4 shall be elected at the general election of 1986. These members shall take office on the first day of January, 1987, for terms of six years and until their successors are elected and qualified. Thereafter, successors Page 3528 shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified. Section 5. On and after January 1, 1987, the county school superintendent of Troup County shall be appointed by majority vote of the board of education of Troup County to serve at the pleasure of the board or for such definite term of office, not exceeding four years, as may be established or granted by the board. The person presently serving as the county school superintendent shall continue to serve until the expiration of his term of office. Any vacancy occurring in the office of school superintendent shall be filled within 90 days by the board of education appointing, by majority vote, a person to fill the unexpired term and until a successor is appointed and qualified. All constitutional and statutory provisions relative to county school superintendents shall be applicable to the county school superintendent appointed by the board of education of Troup County. Section 6. An Act approved March 12, 1984 (Ga. L. 1984, p. 3860) continuing in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the division of Troup County into school districts, the election of members of the county board of education from those school districts and their terms of office and qualifications, and the election and appointment by the county board of education of a superintendent of the county school system and his qualifications and term of office (Resolution Act No. 87; Senate Resolution No. 84; Ga. L. 1952, p. 510), is repealed in its entirety. Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Troup County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Troup County school district for approval or rejection. The superintendent shall conduct the election on May 6, 1986, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week Page 3529 for two weeks immediately preceding the date thereof in the official organ of Troup County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides for an elected board of education for Troup County, for new education districts, and for an appointed school superintendent be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Troup County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 0123 JAN. 10 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a Bill to provide a board of education of Troup County and for the election of members of the board; to provide for an appointed school superintendent; to provide for other matters relating to the board of education and school superintendent; to repeal a specific Act; and for other purposes. Page 3530 This 8th day of January, 1986. /s/ Jamie B. Taylor, Jr. Vice Chairman, Troup County Board of Education Publisher's Affidavit. Georgia, Troup County. Personally before the undersigned officer duly authorized to administer oaths appeared Glen O. Long who on oath deposes and says that he is the Publisher of the LaGrange Daily News, the newspaper in which the Sheriff's advertisements for Troup County, Georgia are published and that the attached Notice of Intention to Introduce Local Legislation was published therein on January 10, 1986. /s/ Glen O. Long Publisher LaGrange Daily News Sworn to and subscribed before me, on this 10th day of January, 1986. /s/ James R. Lewis Notary Public, Troup County, Georgia. Notary Public, Georgia State at Large. My Commission Expires Sept. 12, 1988. (Seal). Approved January 22, 1986. Page 3531 MOUNTVILLE WATER AUTHORITY SERVICE AREA; REVENUE BONDS. No. 773 (House Bill No. 1222). AN ACT To amend an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), so as to enlarge the area that the authority may serve; to increase the ceiling under which certain negotiable revenue bonds may be issued; to increase the number of years over which such revenue bonds may mature; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), is amended by striking paragraph (6) of Section 3 and inserting in lieu thereof a new paragraph (6) to read as follows: (6) The Mountville Community shall consist of Land Lots 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 206, 205, 204, 203, 202, 201, 200, 199, 198, 197, 196, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 238, 237, 236, 235, 234, 233, 232, 231, 230, 229, 228, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, and 253 of the Seventh Land District of Troup County, Georgia, and Land Lots 33, 64, 65, 96, 97, 128, 129, 160, 161, 192, 193, 34, 63, 66, 95, 98, 127, 130, 159, 162, 191, 194, 62, 67, 94, 99, 126, 131, 158, 163, 190, 195, 68, 93, 100, 125, 132, 157, 164, 189, and 196 of the Sixth Land District of Troup County, Georgia. Section 2. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the Page 3532 issuance of negotiable revenue bonds, in a sum not to exceed $2,000,000.00 outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more project. The principal and interest of such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the rate permitted by law, payable semiannually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 3. All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: PUBLIC NOTICE LEGAL NO. 0102 JAN. 7 Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an act establishing the Mountville Water Authority, approved the 12th day of April, 1982 (Ga. L. 1982, p. 4452), so Page 3533 as to enlarge the area the Mountville Water Authority may serve, to raise the ceiling for which the Mountville Water Authority may issue negotiable revenue bonds and to increase the number of years over which revenue bonds may mature and for other purposes. has been published in said LaGrange Daily News, to-wit: January 7, 1986 being publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me, this 8th day of January, 1986. /s/ Faye Harper Notary Public, Troup County. My Commission Expires Sept. 15, 1989. (Seal). Approved January 22, 1986. FANNIN COUNTY BOARD OF REGISTRATIONS AND ELECTIONS CREATED. No. 774 (House Bill No. 1103). AN ACT To provide for a board of registrations and elections for Fannin County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for clerical assistants and other employees of the board; to provide compensation for members of the board; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 3534 Section 1. (a) The Board of Registrations and Elections of Fannin County is created which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in Fannin County, in accordance with the provisions of this Act. (b) As used in this Act, the word board means the Board of Registrations and Elections of Fannin County. Section 2. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of Fannin County, selected as provided in subsections (b) and (c) of this section. (b) Two members shall be appointed by the chairman of the county executive committees of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes cast in this state for members of the General Assembly, and two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committee or at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 45 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds' majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office, then such member shall be appointed in accordance with the provisions of Section 5 of this Act. (c) The fifth member of the board shall be appointed by a majority vote of the other four members of the board. Said fifth member shall be appointed within 30 days of the party appointed Page 3535 members taking office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this subsection shall also be entered upon the minutes of the governing authority. In the event the at-large fifth member of the board is not appointed by the other four members within the time limitation specified in this subsection, the judge of the superior courts of the Appalachian Judicial Circuit, within 15 days after the expiration of such time limitation, shall appoint such at-large member. Section 3. No person who holds any other elective or appointive public office shall be eligible to serve as a member of the board and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office or accepting appointment to another public office. Section 4. (a) The appointment of election of each appointed or elected member shall be made by the respective appointing or electing authority filing an affidavit with the clerk of the superior court, no later than 15 days preceding the date on which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. (b) The appointment of the fifth member of the board, known as the member at large, shall be made by the other four members of the board or the judge of the superior courts of the Appalachian Judicial Circuit, as the case may be, filing an affidavit with the clerk of the superior court, no later than 15 days preceding the date on which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. (c) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed or elected member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars. Section 5. In the event any appointing or electing authority fails to make a regular appointment or election within the Page 3536 times specified in Section 2 or Section 4 of this Act or fails to make an interim appointment or election to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of Fannin County. This section shall not apply to the selection process of the member at large. Section 6. Each appointed or elected member of the board shall: (1) Serve for a term of two years and until a successor is appointed or elected and qualified; (2) Be eligible to serve for successive terms of office; (3) Have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the superior court; and (4) Be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars. Section 7. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of the member's term, by removal, death, or resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. Section 8. (a) The first four members of the board under subsection (b) of Section 2 of this Act shall take office on April 1, 1986, for the purpose only of selecting the member at large under subsection (c) of Section 2 of this Act. All five members of the newly constituted board shall take office on May 1, 1986. (b) Before entering upon their duties, each member of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Page 3537 Section 9. (a) With regard to the preparation for and conduct of primaries and elections, the board shall succeed to and exercise all duties and powers granted to and incumbent upon superintendents of elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (b) With regard to the registration of electors, the board shall succeed to and exercise all powers, duties, and responsibilities conferred upon and incumbent upon boards of registrars as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 10. Any rule or regulation promulgated by a county executive committee under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board. Section 11. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority of Fannin County or any other public agency to bear any expense of conducting primaries not otherwise required by law. Section 12. With the consent of the governing authority of Fannin County, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to adequately inform and instruct electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion, or request for support, with respect to any political issue or matter of political concern. Section 13. (a) The board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Page 3538 (b) The board shall take action and make its decisions by a majority vote of the members of the board. Section 14. (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse at such times as shall be established by resolution of the board entered on its minutes. Any special called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the governing authority of Fannin County to provide public information. All meetings of whatever kind of the board shall be open to the public. (b) The board shall maintain a written record of policy decisions which shall be amended to include additions or deletions. Such written record shall be made available for the public for review. Section 15. The governing authority of Fannin County shall expend public funds to provide the board with such proper and suitable administrative offices and with such clerical assistants and other employees as said governing authority shall deem necessary or appropriate. The compensation of such personnel shall be paid by the governing authority of Fannin County from county funds. Section 16. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practical, from lists provided by the county executive committees of the two major political parties appointing members of the board as provided in subsection (b) of Section 2 of this Act. Section 17. The compensation of each member of the board shall be $100.00 per month and shall be paid by the governing authority of Fannin County from county funds. Section 18. As used in this Act, the words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed Page 3539 to those words by Code Section 21-2-2 of the O.C.G.A., unless the context of this Act clearly requires otherwise. Section 19. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a bill to create a board of Registration and Elections for Fannin County, to provide for matters relative there to and for other purposes. This 25th day of February, 1985. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit-Post which is the official organ of Fannin County, on the following date: March 1, 1985. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 4th day of March, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved January 29, 1986. Page 3540 CATOOSA COUNTY COMMISSIONER; PERSONNEL; COMPENSATION. No. 776 (House Bill No. 1244). AN ACT To amend an Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4002), so as to change the compensation and allowances of the commissioner; to change compensation of certain personnel in the office of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4002), is amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. (a) The commissioner of Catoosa County shall be paid an annual salary of $35,000.00, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall be authorized to purchase, at county expense, one automobile for use outside and inside the county for official county business, which automobile may be replaced with a new automobile at county expense no more often than once every two years. The commissioner shall also be reimbursed by the county for his actual expenses when traveling out of the county on county business. The commissioner may also reimburse other county employees when traveling out of the county on county business. (b) The commissioner may employ one administrative assistant. The salary of that assistant shall be as established Page 3541 by the commissioner but shall not exceed $28,500.00 per year. The commissioner may also employ clerical assistants, to be paid an amount not to exceed $45,000.00 per year. In the event the maximum allowance for the assistant or clerical assistance is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county. (c) The commissioner shall keep his office at the court-house open from 9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Georgia, Catoosa County. Before me, an officer authorized by law to administer oaths, appeared JIM CALDWELL, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News for three times on the issues dated January 1, 1986, January 8, 1986, and January 15, 1986. /s/ Jim Caldwell (Seal) Sworn to and subscribed before me, this 10th day of January, 1986. /s/ Connie C. Hughes Notary Public. (Seal). NOTICE Notice is hereby given that there will be suggested local legislation to increase the salary of the Commissioner of Catoosa Page 3542 County, Georgia, to increase the clerical allowance of the office of the Commission of Catoosa County, Georgia, and for other purposes at the January, 1986, Session of the General Assembly of the State of Georgia. This 23rd day of December, 1985. /s/ James A. Moreland, Commissioner Catoosa County, Georgia. 3tc, 1-1,8,15 Approved January 31, 1986. LIBERTY COUNTY BOARD OF EDUCATION CREATED; ELECTIONS; DISTRICTS; REFERENDUM. No. 778 (House Bill No. 1237). AN ACT To create the board of education of the Liberty County School District; to provide for a seven-member board of education consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected; to provide for current members; to provide for a special election; to provide for nonpartisan elections; to provide for the chairman of the board of education; to provide for staggered terms of office; to provide for the filling of vacancies; to provide for related matters; to provide for a referendum; to provide for submission of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 3543 Section 1. (a) There is created a board of education of the Liberty County School District consisting of a chairman and six additional members. (b) For the purpose of electing the chairman and the other six members of the board of education, the Liberty County School District shall be divided into seven education districts described as follows: DISTRICT 1 BEGINNING AT A POINT WHERE STATE HIGHWAY 196 INTERSECTS U.S. HIGHWAY 17. THENCE SOUTH ALONG STATE HIGHWAY 17 TO LAKE GEORGE ROAD; THENCE EAST ALONG LAKE GEORGE ROAD TO THE SEABOARD COAST LINE RAILROAD; THENCE SOUTH ALONG THE SEABOARD COAST LINE RAILROAD TO GRESS RIVER; THENCE EAST ALONG GRESS RIVER TO JERICO RIVER; THENCE SOUTH AND SOUTHEAST ALONG JERICO RIVER, LAUREL VIEW RIVER AND MEDWAY RIVER (THE LIBERTY COUNTY - BRYAN COUNTY LINE) TO THE ATLANTIC OCEAN AT ST. CATHERINES SOUND; THENCE SOUTH ALONG THE ATLANTIC OCEAN AT ST. CATHERINES ISLAND TO SOUTH NEWPORT RIVER; THENCE NORTH AND NORTHWEST ALONG SOUTH NEWPORT RIVER (THE LIBERTY COUNTY - MACINTOSH COUNTY LINE) TO BARRINGTON ROAD; THENCE NORTHWEST ALONG THE LIBERTY COUNTY - LONG COUNTY LINE TO TIBET ROAD; THENCE NORTH ALONG TIBET ROAD AND BACONTON CHURCH ROAD TO THE SOUTHERN CITY LIMITS OF ALLENHURST; THENCE NORTH AROUND THE EAST CITY LIMITS OF ALLENHURST TO GOULDINS CREEK; THENCE NORTHEAST AND NORTH ALONG GOULDINS CREEK TO THE SEABOARD COAST LINE RAILROAD; THENCE NORTHEAST ALONG THE SEABOARD COAST LINE RAILROAD TO PEACOCK CANAL; THENCE EAST AND SOUTHEAST ALONG PEACOCK CANAL TO HOLMESTOWN ROAD; THENCE NORTHEAST ALONG HOLMESTOWN ROAD TO U.S. HIGHWAY 82; THENCE NORTHWEST ALONG U. S. HIGHWAY 82 TO STATE HIGHWAY 196; THENCE EAST AND NORTHEAST ALONG STATE HIGHWAY 196 TO U.S. HIGHWAY 17 AND THE PLACE OF BEGINNING. Page 3544 DISTRICT 2 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS STRONG AVENUE. THENCE SOUTHEAST ALONG STRONG AVENUE TO WEST 18TH STREET; THENCE NORTHEAST ALONG WEST 18TH STREET TO DAVIS AVENUE; THENCE SOUTHEAST ALONG DAVIS AVENUE TO GREEN STREET; THENCE SOUTHWEST ALONG GREEN STREET TO BUNDY AVENUE; THENCE SOUTHEAST ALONG BUNDY AVENUE TO HERO ROAD; THENCE SOUTH ALONG HERO ROAD TO WILSON AVENUE; THENCE SOUTHEAST ALONG WILSON AVENUE AND MEMORIAL DRIVE TO THE FORT STEWART BOUNDARY LINE; THENCE SOUTHWEST ALONG THE FORT STEWART BOUNDARY LINE TO GENERAL SCREVEN WAY; THENCE SOUTHEAST ALONG GENERAL SCREVEN WAY TO STAFFORD STREET; THENCE NORTHWEST ALONG STAFFORD STREET TO FRANKLIN STREET; THENCE WEST ALONG FRANKLIN STREET TO THE FORT STEWART RAILROAD; THENCE SOUTH ALONG THE FORT STEWART RAILROAD TO THE CITY LIMITS OF ALLENHURST; THENCE SOUTHWEST ALONG THE CITY LIMITS OF ALLENHURST TO THE CITY LIMITS OF HINESVILLE; THENCE NORTH ALONG THE CITY LIMITS OF HINESVILLE AND MILL CREEK TO OLD RAILROAD GRADE; THENCE WEST ALONG OLD RAILROAD GRADE TO WEST 15TH STREET EXTENDED; THENCE NORTHEAST ALONG WEST 15TH STREET EXTENDED TO NEW STATE HIGHWAY 119 BY-PASS; THENCE NORTH ALONG STATE HIGHWAY 119 BY-PASS TO WILSON AVENUE; THENCE SOUTHEAST ALONG WILSON AVENUE TO WEST 6TH STREET; THENCE NORTHEAST ALONG WEST 6TH STREET TO GULICK AVENUE; THENCE NORTHWEST ALONG GULICK AVENUE TO STATE HIGHWAY 144; THENCE NORTHEAST ALONG STATE HIGHWAY 144 TO STRONG AVENUE AND THE PLACE OF BEGINNING. DISTRICT 3 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS THE LIBERTY COUNTY - BRYAN Page 3545 COUNTY LINE. THENCE SOUTHWEST ALONG STATE HIGHWAY 144 TO GULICK AVENUE; THENCE SOUTHEAST ALONG GULICK AVENUE TO WEST 6TH STREET; THENCE SOUTHWEST ALONG WEST 6TH STREET TO WILSON AVENUE; THENCE NORTHWEST ALONG WILSON AVENUE TO NEW STATE HIGHWAY 119 BY-PASS; THENCE SOUTHEAST ALONG NEW STATE HIGHWAY 119 BY-PASS TO WEST 15TH STREET; THENCE SOUTHWEST ALONG WEST 15TH STREET EXTENDED TO OLD RAILROAD GRADE; THENCE EAST ALONG OLD RAILROAD GRADE TO MILL CREEK; THENCE SOUTH ALONG MILL CREEK AND THE WEST CITY LIMITS OF HINESVILLE TO STATE HIGHWAY 196; THENCE SOUTHWEST ALONG STATE HIGHWAY 196 TO INDUSTRIAL ROAD, THENCE SOUTH ALONG INDUSTRIAL ROAD TO THE NORTH LIMITS OF WALTHOURVILLE; THENCE WEST ALONG THE NORTH LIMITS OF WALTHOURVILLE TO THE LIBERTY COUNTY - LONG COUNTY LINE; THENCE NORTHWEST AND NORTH ALONG THE LIBERTY COUNTY - LONG COUNTY LINE TO THE TATTNALL COUNTY LINE; THENCE NORTHEAST ALONG THE LIBERTY COUNTY - TATTNALL COUNTY LINE AND THE LIBERTY COUNTY - EVANS COUNTY LINE TO THE CANOOCHEE RIVER; THENCE SOUTHEAST AND SOUTH ALONG THE CANOOCHEE RIVER AND THE LIBERTY COUNTY - BRYAN COUNTY LINE TO STATE HIGHWAY 144 AND THE PLACE OF BEGINNING. DISTRICT 4 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS THE LIBERTY COUNTY - BRYAN COUNTY LINE. THENCE SOUTHEAST AND SOUTH ALONG THE LIBERTY COUNTY - BRYAN COUNTY LINE, HOPE CREEK AND JERICO RIVER TO GRESS RIVER; THENCE WEST ALONG GRESS RIVER TO THE SEABOARD COAST LINE RAILROAD; THENCE NORTH ALONG THE SEABOARD COAST LINE RAILROAD TO LAKE GEORGE ROAD; THENCE WEST ALONG LAKE GEORGE ROAD TO U. S. HIGHWAY 17; THENCE NORTH ALONG U. S. HIGHWAY 17 TO STATE HIGHWAY 196; THENCE SOUTHWEST AND WEST TO U. S. HIGHWAY Page 3546 82; THENCE SOUTHEAST ALONG U. S. HIGHWAY 82 TO HOLMESTOWN ROAD; THENCE SOUTHWEST ALONG HOLMESTOWN ROAD TO PEACOCK CANAL; THENCE NORTHWEST AND WEST ALONG PEACOCK CANAL TO THE SEABOARD COAST LINE RAILROAD; THENCE SOUTHWEST ALONG THE SEABOARD COAST LINE RAILROAD TO GOULDINS CREEK; THENCE SOUTH AND SOUTHWEST ALONG GOULDINS CREEK TO THE NORTHEAST CITY LIMITS OF ALLENHURST; THENCE NORTHWEST AROUND THE NORTH CITY LIMITS OF ALLENHURST TO U. S. HIGHWAY 82; THENCE NORTH ALONG U. S. HIGHWAY 82 TO FRASER DRIVE; THENCE EAST AND SOUTHEAST ALONG FRASER DRIVE TO FOREST STREET; THENCE SOUTHEAST ALONG FOREST STREET TO GRAY FOX ROAD; THENCE NORTHEAST ALONG GRAY FOX ROAD TO SANDY RUN DRIVE; THENCE NORTH AND NORTHWEST ALONG SANDY RUN DRIVE TO TUPELO TRAIL; THENCE EAST ALONG TUPELO TRAIL TO PEACOCK CANAL; THENCE NORTH ALONG PEACOCK CANAL TO THE HINESVILLE - FLEMINGTON CITY LIMITS LINE; THENCE NORTH ALONG THE HINESVILLE - FLEMINGTON CITY LIMITS LINE TO OLD SUNBURY ROAD; THENCE NORTHWEST ALONG OLD SUNBURY ROAD AND FORT STEWART ROAD 47 TO MURRAY AVENUE; THENCE SOUTHWEST ALONG MURRAY AVENUE TO EAST 16TH STREET; THENCE NORTHWEST ALONG EAST 16TH STREET TO PHILIPPINES DRIVE; THENCE NORTH AND NORTHWEST ALONG PHILIPPINES DRIVE TO STATE HIGHWAY 144; THENCE NORTHEAST ALONG STATE HIGHWAY 144 TO THE LIBERTY COUNTY - BRYAN COUNTY LINE AND THE PLACE OF BEGINNING. DISTRICT 5 BEGINNING AT A POINT WHERE THE FORT STEWART BOUNDARY LINE INTERSECTS GENERAL STEWART WAY. THENCE EAST ALONG GENERAL STEWART WAY TO GAUSE STREET; THENCE SOUTH ALONG GAUSE STREET TO SHIPMAN AVENUE; THENCE EAST ALONG SHIPMAN AVENUE TO REBECCA STREET; THENCE NORTH ALONG REBECCA STREET TO STEWART Page 3547 TERRACE; THENCE EAST AND NORTH ALONG STEWART TERRACE TO GENERAL STEWART WAY; THENCE EAST ALONG GENERAL STEWART WAY TO NORTH MAIN STREET; THENCE SOUTH ALONG NORTH MAIN STREET TO MILLS AVENUE; THENCE WEST ALONG MILLS AVENUE TO REBECCA STREET; THENCE SOUTH ALONG REBECCA STREET AND WELBORN STREET TO GENERAL SCREVEN WAY; THENCE SOUTHEAST ALONG GENERAL SCREVEN WAY TO U. S. HIGHWAY 82; THENCE SOUTH ALONG U. S. HIGHWAY 82 TO THE NORTH CITY LIMITS OF ALLENHURST; THENCE SOUTH AROUND THE EAST CITY LIMITS OF ALLENHURST TO BACONTON CHURCH ROAD; THENCE SOUTH ALONG BACONTON CHURCH ROAD AND TIBET ROAD TO THE LIBERTY COUNTY - LONG COUNTY LINE; THENCE NORTHWEST AND NORTH ALONG THE LIBERTY COUNTY - LONG COUNTY LINE TO THE NORTH CITY LIMITS OF WALTHOURVILLE; THENCE EAST ALONG THE NORTH CITY LIMITS OF WALTHOURVILLE TO INDUSTRIAL ROAD; THENCE NORTH ALONG INDUSTRIAL ROAD TO STATE HIGHWAY 196; THENCE NORTHEAST ALONG STATE HIGHWAY 196 TO THE WEST CITY LIMITS OF HINESVILLE; THENCE SOUTH ALONG THE WEST CITY LIMITS OF HINESVILLE TO THE CITY LIMITS OF ALLENHURST; THENCE NORTHEAST ALONG THE CITY LIMITS OF ALLENHURST TO THE FORT STEWART RAILROAD; THENCE NORTH ALONG THE FORT STEWART RAILROAD TO FRANKLIN STREET; THENCE EAST ALONG FRANKLIN STREET TO STAFFORD STREET; THENCE SOUTHEAST ALONG STAFFORD STREET TO GENERAL SCREVEN WAY; THENCE NORTHWEST ALONG GENERAL SCREVEN WAY TO THE FORT STEWART BOUNDARY LINE; THENCE NORTHEAST ALONG THE FORT STEWART BOUNDARY LINE TO GENERAL STEWART WAY AND THE PLACE OF BEGINNING. DISTRICT 6 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS PHILIPPINES DRIVE. THENCE SOUTHEAST AND SOUTH ALONG PHILIPPINES DRIVE Page 3548 TO E. 16TH STREET; THENCE SOUTHEAST ALONG E. 16TH STREET TO MURRAY AVENUE; THENCE NORTHEAST ALONG MURRAY AVENUE TO FORT STEWART ROAD 47; THENCE SOUTHEAST ALONG FORT STEWART ROAD 47 AND OLD SUNBURY ROAD TO THE HINESVILLE - FLEMINGTON CITY LIMITS LINE; THENCE SOUTH AND SOUTHEAST ALONG THE HINESVILLE - FLEMINGTON CITY LIMITS LINE TO PEACOCK CANAL; THENCE SOUTH ALONG PEACOCK CANAL TO TUPELO TRAIL; THENCE WEST ALONG TUPELO TRAIL TO SANDY RUN DRIVE; THENCE SOUTHEAST ALONG SANDY RUN DRIVE TO GRAY FOX ROAD; THENCE SOUTHWEST ALONG GRAY FOX ROAD TO FOREST STREET; THENCE NORTHWEST ALONG FOREST STREET TO FRASER DRIVE; THENCE WEST ALONG FRASER DRIVE TO U. S. HIGHWAY 82; THENCE SOUTH ALONG U. S. HIGHWAY 82 TO GENERAL SCREVEN WAY; THENCE NORTHWEST ALONG GENERAL SCREVEN WAY TO WELBORN STREET; THENCE NORTH ALONG WELBORN STREET AND REBECCA STREET TO MILLS AVENUE; THENCE EAST ALONG MILLS AVENUE TO NORTH MAIN STREET; THENCE NORTH ALONG NORTH MAIN STREET TO GENERAL STEWART WAY; THENCE WEST ALONG GENERAL STEWART WAY TO STEWART TERRACE; THENCE SOUTH AND WEST ALONG STEWART TERRACE TO REBECCA STREET EXTENDED; THENCE SOUTH ALONG REBECCA STREET TO SHIPMAN AVENUE; THENCE WEST ALONG SHIPMAN AVENUE TO GAUSE STREET; THENCE NORTH ALONG GAUSE STREET TO GENERAL STEWART WAY; THENCE WEST ALONG GENERAL STEWART WAY TO THE FORT STEWART BOUNDARY LINE; THENCE SOUTH ALONG THE FORT STEWART BOUNDARY LINE TO MEMORIAL DRIVE; THENCE NORTHWEST ALONG MEMORIAL DRIVE AND WILSON AVENUE TO HERO ROAD; THENCE NORTH ALONG HERO ROAD TO BUNDY AVENUE; THENCE NORTHWEST ALONG BUNDY AVENUE TO GREEN STREET; THENCE NORTHEAST ALONG GREEN STREET TO DAVIS AVENUE; THENCE NORTHWEST ALONG DAVIS AVENUE TO W. 18TH STREET; THENCE SOUTHWEST ALONG W. 18TH STREET TO STRONG AVENUE; THENCE NORTHWEST ALONG Page 3549 STRONG AVENUE TO STATE HIGHWAY 144; THENCE NORTHEAST ALONG STATE HIGHWAY 144 TO PHILIPPINES DRIVE AND THE PLACE OF BEGINNING. DISTRICT 7 District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty County. (c) For the purposes of this section, whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (d) If any portion of the Liberty County School District is not included within any of the education districts described in subsection (b) of this section, said portion shall be included within the education district contiguous to such portion which contains the least population according to the United States decennial census of 1980. Section 2. (a) The members serving on the board of education of Liberty County on the effective date of this Act shall continue to serve until December 31, 1986, at which time their offices shall be abolished. (b) The first election for members of the board of education of Liberty County under this Act shall be a special election which shall be conducted on the same date as the general election in November, 1986. The election superintendent of Liberty County shall issue the call and conduct the special election in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A, known as the Georgia Election Code. (c) At the special election provided for in subsection (b) of this section, the chairman of the board of education shall be elected from Education District 7. The chairman shall serve for an initial term of office of four years. Thereafter, the chairman shall be elected as provided in subsection (e) of this section for a term of office of four years. The chairman may reside anywhere within Liberty County but shall have been a resident of Liberty County for at least one year prior to the date of Page 3550 the general election and shall remain a resident of the county during a term of office. The chairman shall be elected by a majority of the electors voting county wide within Liberty County. (d) (1) At the special election provided for in subsection (b) of this section, three members of the board of education shall be severally elected from Education Districts 1 through 3 and they shall each serve for an initial term of office of two years. Thereafter, three members of the board of education shall be severally elected from Education Districts 1 through 3 as provided in subsection (e) of this section and they shall each serve for a term of office of four years. (2) At the special election provided for in subsection (b) of this section, three members of the board of education shall be severally elected from Education Districts 4 through 6 and they shall each serve for an initial term of office of four years. Thereafter, three members of the board of education shall be severally elected from Education Districts 4 through 6 as provided in subsection (e) of this section and they shall each serve for a term of office of four years. (3) Candidates for district positions shall have been residents of their respective education districts for at least one year prior to the date of the general election and must remain residents of their respective education districts during a term of office. District members of the board of education shall be elected by a majority of the electors voting within their respective education districts. (e) Beginning in 1988, the members of the board of education of Liberty County shall be elected at nonpartisan primaries and elections. The nonpartisan primaries and elections shall be conducted on the same date as the general primary in the years during which general primaries are conducted and the nonpartisan elections shall be conducted on the same date as the general election in the years during which general elections are conducted. Except for the members of the board of education excluding the chairman being elected from education districts comprising only a portion of Liberty County as provided in this Page 3551 Act, each member of the board of education including the chairman shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (f) The chairman and the other six members of the board of education shall take office on the first day of January immediately following their respective elections and shall each serve for the terms of office to which elected and until their successors are elected and qualified. Section 3 . (a) In the event of a vacancy in the office of chairman of the board of education when the remaining term of office is six months or more, the vacancy shall be filled for the unexpired term at a special election. A special election to fill a vacancy in the office of chairman shall be held and conducted on a county-wide basis. If the remaining term of office is less than six months, the vice chairman shall serve as chairman for the remaining term of office, and the remaining members of the board of education shall appoint a person from the county at large to serve as a member of the board of education until the chairman elected at the next following general election takes office. (b) In the event of a vacancy in the office of a district member of the board of education when the remaining term of office is six months or more, the vacancy shall be filled in a special election. A special election to fill a vacancy in the office of a district member of the board of education shall be held only in the education district in which the vacancy exists. If the remaining term of office is less than six months, the remaining members of the board of education shall appoint a qualified resident of the education district in which the vacancy exists to serve for the unexpired term. (c) The election superintendent of Liberty County shall issue the call for a special election to fill a vacancy as required by this section. The call for a special election shall be issued within 30 days after the existence of a vacancy has been established. A special election to fill vacancies shall be conducted Page 3552 in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A, known as the Georgia Election Code. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Liberty County School District for approval or rejection. The election superintendent shall conduct that election on Tuesday, August 12, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Liberty County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a seven-member board of education of the Liberty County School District consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected for staggered terms of office? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Liberty County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. It shall be the duty of the attorney of the Liberty County School District to submit this Act to the United States Department of Justice for review under the federal Voting Page 3553 Rights Act of 1965. It shall be the duty of the board of education to direct and ensure that such submissions are made in a timely manner by such attorney. It shall be the duty of such attorney and the board of education of the Liberty County School District to ensure that such submission has been completed as soon as practicable after the Governor approves this Act or after it becomes law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the Board of Education of the Liberty County School District; to provide for a seven-member board of education consisting of one county wide district and six single-member districts; to provide for the chairman of the board of education; to provide for the filling of vacancies; to provide for other matters related to the foregoing; to provide for a referendum; to provide for the submission of this Act under the federal Voting Rights Act of 1965; and for other purposes. This 6th day of January, 1986. Honorable Glenn E. Bryant Senator, 3rd District Honorable James M. Floyd Representative, 154th District No. 1366 (Jan. 8) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Marvin Floyd, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Page 3554 Courier which is the official organ of Liberty County, on the following date: January 8, 1986. /s/ James M. Floyd Representative, 154th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved February 10, 1986. LIBERTY COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 779 (House Bill No. 1238). AN ACT To provide that the school superintendent of the Liberty County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; to provide that the term of future school superintendents shall be contractually agreed upon by the board and the superintendent for no more than four years; to provide for other matters related to the foregoing; to provide for a referendum; to provide for the submission of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The school superintendent of the Liberty County School District in office on November 5, 1986, shall serve Page 3555 out the term for which elected. All future school superintendents of the Liberty County School District shall be appointed by the Liberty County Board of Education. The term of each school superintendent appointed by the board shall be contractually agreed upon by the board of education and the superintendent for no more than four years. No such contract shall preclude the removal of the school superintendent during a tenure of office in any manner authorized by statute, and any such contract shall provide that the board of education may remove the school superintendent from office for good cause after notice and hearing. Section 2. Not less than 30 days nor more than 60 days before the date of the November, 1986, general election, the election superintendent of Liberty County shall issue the call for an election for the purpose of submitting this Act to the voters of the Liberty County School District. The superintendent shall set the date of the election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of Liberty County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act which provides that future school superintendents of the Liberty County School District shall be appointed by the board of education rather than elected by the voters be approved? All persons desiring to vote for approval shall vote Yes and those persons desiring to vote against approval shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become effective immediately; otherwise said Section 1 of this Act shall be void. The expense of the election shall be borne by Liberty County. The election superintendent shall hold and conduct the election and certify the result thereof to the Secretary of State. Section 3. It shall be the duty of the attorney of the Liberty County School District to submit this Act to the United States Page 3556 Department of Justice for review under the federal Voting Rights Act of 1965. It shall be the duty of the board of education to direct and ensure that such submissions are made in a timely manner by such attorney. It shall be the duty of such attorney and the board of education of the Liberty County School District to ensure that such submission has been completed as soon as practicable after the Governor approves this Act or after it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that the school superintendent of the Liberty County School district shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; to provide that the term of future school superintendents shall be contractually agreed upon by the board and the superintendent at no more than four years; to provide for a referendum; to provide for the submission of this Act under the federal Voting Rights Act of 1965; and for other purposes. This 6th day of January, 1986. Honorable Glenn E. Bryant Senator, 3rd District Honorable James M. Floyd Representative, 154th District No. 1367 (Jan. 8) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Marvin Floyd, who, Page 3557 on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following date: January 8, 1986. /s/ James Marvin Floyd Representative, 154th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved February 10, 1986. LIBERTY COUNTY BOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; VACANCIES. No. 780 (House Bill No. 1239). AN ACT To amend an Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, p. 2237), so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected; to change the method of filling vacancies; to provide for other matters related to the foregoing; to provide for the submission of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes. Page 3558 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, p. 2237), is amended by striking Sections 1, 2, and 2A in their entirety and substituting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. (a) There is created a board of commissioners of Liberty County consisting of a chairman and six additional members. (b) For the purpose of electing the chairman and the other six members of the board of commissioners, Liberty County shall be divided into seven commissioner districts described as follows: DISTRICT 1 BEGINNING AT A POINT WHERE STATE HIGHWAY 196 INTERSECTS U.S. HIGHWAY 17. THENCE SOUTH ALONG STATE HIGHWAY 17 TO LAKE GEORGE ROAD; THENCE EAST ALONG LAKE GEORGE ROAD TO THE SEABOARD COAST LINE RAILROAD; THENCE SOUTH ALONG THE SEABOARD COAST LINE RAILROAD TO GRESS RIVER; THENCE EAST ALONG GRESS RIVER TO JERICO RIVER; THENCE SOUTH AND SOUTHEAST ALONG JERICO RIVER, LAUREL VIEW RIVER AND MEDWAY RIVER (THE LIBERTY COUNTY - BRYAN COUNTY LINE) TO THE ATLANTIC OCEAN AT ST. CATHERINES SOUND; THENCE SOUTH ALONG THE ATLANTIC OCEAN AT ST. CATHERINES ISLAND TO SOUTH NEWPORT RIVER; THENCE NORTH AND NORTHWEST ALONG SOUTH NEWPORT RIVER (THE LIBERTY COUNTY - MCINTOSH COUNTY LINE) TO BARRINGTON ROAD; THENCE NORTHWEST ALONG THE LIBERTY COUNTY - LONG COUNTY LINE TO TIBET ROAD; THENCE NORTH ALONG TIBET ROAD AND BACONTON CHURCH ROAD TO THE SOUTHERN CITY LIMITS Page 3559 OF ALLENHURST; THENCE NORTH AROUND THE EAST CITY LIMITS OF ALLENHURST TO GOULDINS CREEK; THENCE NORTHEAST AND NORTH ALONG GOULDINS CREEK TO THE SEABOARD COAST LINE RAILROAD; THENCE NORTHEAST ALONG THE SEABOARD COAST LINE RAILROAD TO PEACOCK CANAL; THENCE EAST AND SOUTHEAST ALONG PEACOCK CANAL TO HOLMESTOWN ROAD; THENCE NORTHEAST ALONG HOLMESTOWN ROAD TO U.S. HIGHWAY 82; THENCE NORTHWEST ALONG U. S. HIGHWAY 82 TO STATE HIGHWAY 196; THENCE EAST AND NORTHEAST ALONG STATE HIGHWAY 196 TO U.S. HIGHWAY 17 AND THE PLACE OF BEGINNING. DISTRICT 2 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS STRONG AVENUE. THENCE SOUTHEAST ALONG STRONG AVENUE TO WEST 18TH STREET; THENCE NORTHEAST ALONG WEST 18TH STREET TO DAVIS AVENUE; THENCE SOUTHEAST ALONG DAVIS AVENUE TO GREEN STREET; THENCE SOUTHWEST ALONG GREEN STREET TO BUNDY AVENUE; THENCE SOUTHEAST ALONG BUNDY AVENUE TO HERO ROAD; THENCE SOUTH ALONG HERO ROAD TO WILSON AVENUE; THENCE SOUTHEAST ALONG WILSON AVENUE AND MEMORIAL DRIVE TO THE FORT STEWART BOUNDARY LINE; THENCE SOUTHWEST ALONG THE FORT STEWART BOUNDARY LINE TO GENERAL SCREVEN WAY; THENCE SOUTHEAST ALONG GENERAL SCREVEN WAY TO STAFFORD STREET; THENCE NORTHWEST ALONG STAFFORD STREET TO FRANKLIN STREET; THENCE WEST ALONG FRANKLIN STREET TO THE FORT STEWART RAILROAD; THENCE SOUTH ALONG THE FORT STEWART RAILROAD TO THE CITY LIMITS OF ALLENHURST; THENCE SOUTHWEST ALONG THE CITY LIMITS OF ALLENHURST TO THE CITY LIMITS OF HINESVILLE; THENCE NORTH ALONG THE CITY LIMITS OF HINESVILLE AND MILL CREEK TO OLD RAILROAD GRADE; THENCE WEST ALONG OLD Page 3560 RAILROAD GRADE TO WEST 15TH STREET EXTENDED; THENCE NORTHEAST ALONG WEST 15TH STREET EXTENDED TO NEW STATE HIGHWAY 119 BY-PASS; THENCE NORTH ALONG STATE HIGHWAY 119 BY-PASS TO WILSON AVENUE; THENCE SOUTHEAST ALONG WILSON AVENUE TO WEST 6TH STREET; THENCE NORTHEAST ALONG WEST 6TH STREET TO GULICK AVENUE; THENCE NORTHWEST ALONG GULICK AVENUE TO STATE HIGHWAY 144; THENCE NORTHEAST ALONG STATE HIGHWAY 144 TO STRONG AVENUE AND THE PLACE OF BEGINNING. DISTRICT 3 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS THE LIBERTY COUNTY - BRYAN COUNTY LINE. THENCE SOUTHWEST ALONG STATE HIGHWAY 144 TO GULICK AVENUE; THENCE SOUTHEAST ALONG GULICK AVENUE TO WEST 6TH STREET; THENCE SOUTHWEST ALONG WEST 6TH STREET TO WILSON AVENUE; THENCE NORTHWEST ALONG WILSON AVENUE TO NEW STATE HIGHWAY 119 BY-PASS; THENCE SOUTHEAST ALONG NEW STATE HIGHWAY 119 BY-PASS TO WEST 15TH STREET; THENCE SOUTHWEST ALONG WEST 15TH STREET EXTENDED TO OLD RAILROAD GRADE; THENCE EAST ALONG OLD RAILROAD GRADE TO MILL CREEK; THENCE SOUTH ALONG MILL CREEK AND THE WEST CITY LIMITS OF HINESVILLE TO STATE HIGHWAY 196; THENCE SOUTHWEST ALONG STATE HIGHWAY 196 TO INDUSTRIAL ROAD, THENCE SOUTH ALONG INDUSTRIAL ROAD TO THE NORTH LIMITS OF WALTHOURVILLE; THENCE WEST ALONG THE NORTH LIMITS OF WALTHOURVILLE TO THE LIBERTY COUNTY - LONG COUNTY LINE; THENCE NORTHWEST AND NORTH ALONG THE LIBERTY COUNTY - LONG COUNTY LINE TO THE TATTNALL COUNTY LINE; THENCE NORTHEAST ALONG THE LIBERTY COUNTY - TATTNALL COUNTY LINE AND THE LIBERTY COUNTY - EVANS COUNTY LINE TO THE CANOOCHEE RIVER; THENCE SOUTHEAST AND SOUTH ALONG THE CANOOCHEE RIVER AND Page 3561 THE LIBERTY COUNTY - BRYAN COUNTY LINE TO STATE HIGHWAY 144 AND THE PLACE OF BEGINNING. DISTRICT 4 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS THE LIBERTY COUNTY - BRYAN COUNTY LINE. THENCE SOUTHEAST AND SOUTH ALONG THE LIBERTY COUNTY - BRYAN COUNTY LINE, HOPE CREEK AND JERICO RIVER TO GRESS RIVER; THENCE WEST ALONG GRESS RIVER TO THE SEABOARD COAST LINE RAILROAD; THENCE NORTH ALONG THE SEABOARD COAST LINE RAILROAD TO LAKE GEORGE ROAD; THENCE WEST ALONG LAKE GEORGE ROAD TO U. S. HIGHWAY 17; THENCE NORTH ALONG U. S. HIGHWAY 17 TO STATE HIGHWAY 196; THENCE SOUTHWEST AND WEST TO U. S. HIGHWAY 82; THENCE SOUTHEAST ALONG U. S. HIGHWAY 82 TO HOLMESTOWN ROAD; THENCE SOUTHWEST ALONG HOLMESTOWN ROAD TO PEACOCK CANAL; THENCE NORTHWEST AND WEST ALONG PEACOCK CANAL TO THE SEABOARD COAST LINE RAILROAD; THENCE SOUTHWEST ALONG THE SEABOARD COAST LINE RAILROAD TO GOULDINS CREEK; THENCE SOUTH AND SOUTHWEST ALONG GOULDINS CREEK TO THE NORTHEAST CITY LIMITS OF ALLENHURST; THENCE NORTHWEST AROUND THE NORTH CITY LIMITS OF ALLENHURST TO U. S. HIGHWAY 82; THENCE NORTH ALONG U. S. HIGHWAY 82 TO FRASER DRIVE; THENCE EAST AND SOUTHEAST ALONG FRASER DRIVE TO FOREST STREET; THENCE SOUTHEAST ALONG FOREST STREET TO GRAY FOX ROAD; THENCE NORTHEAST ALONG GRAY FOX ROAD TO SANDY RUN DRIVE; THENCE NORTH AND NORTHWEST ALONG SANDY RUN DRIVE TO TUPELO TRAIL; THENCE EAST ALONG TUPELO TRAIL TO PEACOCK CANAL; THENCE NORTH ALONG PEACOCK CANAL TO THE HINESVILLE - FLEMINGTON CITY LIMITS LINE; THENCE NORTH ALONG THE HINESVILLE - FLEMINGTON CITY LIMITS LINE TO OLD SUNBURY ROAD; THENCE NORTHWEST ALONG OLD SUNBURY Page 3562 ROAD AND FORT STEWART ROAD 47 TO MURRAY AVENUE; THENCE SOUTHWEST ALONG MURRAY AVENUE TO EAST 16TH STREET; THENCE NORTHWEST ALONG EAST 16TH STREET TO PHILIPPINES DRIVE; THENCE NORTH AND NORTHWEST ALONG PHILIPPINES DRIVE TO STATE HIGHWAY 144; THENCE NORTHEAST ALONG STATE HIGHWAY 144 TO THE LIBERTY COUNTY - BRYAN COUNTY LINE AND THE PLACE OF BEGINNING. DISTRICT 5 BEGINNING AT A POINT WHERE THE FORT STEWART BOUNDARY LINE INTERSECTS GENERAL STEWART WAY. THENCE EAST ALONG GENERAL STEWART WAY TO GAUSE STREET; THENCE SOUTH ALONG GAUSE STREET TO SHIPMAN AVENUE; THENCE EAST ALONG SHIPMAN AVENUE TO REBECCA STREET; THENCE NORTH ALONG REBECCA STREET TO STEWART TERRACE; THENCE EAST AND NORTH ALONG STEWART TERRACE TO GENERAL STEWART WAY; THENCE EAST ALONG GENERAL STEWART WAY TO NORTH MAIN STREET; THENCE SOUTH ALONG NORTH MAIN STREET TO MILLS AVENUE; THENCE WEST ALONG MILLS AVENUE TO REBECCA STREET; THENCE SOUTH ALONG REBECCA STREET AND WELBORN STREET TO GENERAL SCREVEN WAY; THENCE SOUTHEAST ALONG GENERAL SCREVEN WAY TO U. S. HIGHWAY 82; THENCE SOUTH ALONG U. S. HIGHWAY 82 TO THE NORTH CITY LIMITS OF ALLENHURST; THENCE SOUTH AROUND THE EAST CITY LIMITS OF ALLENHURST TO BACONTON CHURCH ROAD; THENCE SOUTH ALONG BACONTON CHURCH ROAD AND TIBET ROAD TO THE LIBERTY COUNTY - LONG COUNTY LINE; THENCE NORTHWEST AND NORTH ALONG THE LIBERTY COUNTY - LONG COUNTY LINE TO THE NORTH CITY LIMITS OF WALTHOURVILLE; THENCE EAST ALONG THE NORTH CITY LIMITS OF WALTHOURVILLE TO INDUSTRIAL ROAD; THENCE NORTH ALONG INDUSTRIAL ROAD TO STATE HIGHWAY Page 3563 196; THENCE NORTHEAST ALONG STATE HIGHWAY 196 TO THE WEST CITY LIMITS OF HINESVILLE; THENCE SOUTH ALONG THE WEST CITY LIMITS OF HINESVILLE TO THE CITY LIMITS OF ALLENHURST; THENCE NORTHEAST ALONG THE CITY LIMITS OF ALLENHURST TO THE FORT STEWART RAILROAD; THENCE NORTH ALONG THE FORT STEWART RAILROAD TO FRANKLIN STREET; THENCE EAST ALONG FRANKLIN STREET TO STAFFORD STREET; THENCE SOUTHEAST ALONG STAFFORD STREET TO GENERAL SCREVEN WAY; THENCE NORTHWEST ALONG GENERAL SCREVEN WAY TO THE FORT STEWART BOUNDARY LINE; THENCE NORTHEAST ALONG THE FORT STEWART BOUNDARY LINE TO GENERAL STEWART WAY AND THE PLACE OF BEGINNING. DISTRICT 6 BEGINNING AT A POINT WHERE STATE HIGHWAY 144 INTERSECTS PHILIPPINES DRIVE. THENCE SOUTHEAST AND SOUTH ALONG PHILIPPINES DRIVE TO E. 16TH STREET; THENCE SOUTHEAST ALONG E. 16TH STREET TO MURRAY AVENUE; THENCE NORTHEAST ALONG MURRAY AVENUE TO FORT STEWART ROAD 47; THENCE SOUTHEAST ALONG FORT STEWART ROAD 47 AND OLD SUNBURY ROAD TO THE HINESVILLE - FLEMINGTON CITY LIMITS LINE; THENCE SOUTH AND SOUTHEAST ALONG THE HINESVILLE - FLEMINGTON CITY LIMITS LINE TO PEACOCK CANAL; THENCE SOUTH ALONG PEACOCK CANAL TO TUPELO TRAIL; THENCE WEST ALONG TUPELO TRAIL TO SANDY RUN DRIVE; THENCE SOUTHEAST ALONG SANDY RUN DRIVE TO GRAY FOX ROAD; THENCE SOUTHWEST ALONG GRAY FOX ROAD TO FOREST STREET; THENCE NORTHWEST ALONG FOREST STREET TO FRASER DRIVE; THENCE WEST ALONG FRASER DRIVE TO U. S. HIGHWAY 82; THENCE SOUTH ALONG U. S. HIGHWAY 82 TO GENERAL SCREVEN WAY; THENCE NORTHWEST ALONG GENERAL SCREVEN WAY TO WELBORN STREET; THENCE NORTH ALONG WELBORN Page 3564 STREET AND REBECCA STREET TO MILLS AVENUE; THENCE EAST ALONG MILLS AVENUE TO NORTH MAIN STREET; THENCE NORTH ALONG NORTH MAIN STREET TO GENERAL STEWART WAY; THENCE WEST ALONG GENERAL STEWART WAY TO STEWART TERRACE; THENCE SOUTH AND WEST ALONG STEWART TERRACE TO REBECCA STREET EXTENDED; THENCE SOUTH ALONG REBECCA STREET TO SHIPMAN AVENUE; THENCE WEST ALONG SHIPMAN AVENUE TO GAUSE STREET; THENCE NORTH ALONG GAUSE STREET TO GENERAL STEWART WAY; THENCE WEST ALONG GENERAL STEWART WAY TO THE FORT STEWART BOUNDARY LINE; THENCE SOUTH ALONG THE FORT STEWART BOUNDARY LINE TO MEMORIAL DRIVE; THENCE NORTHWEST ALONG MEMORIAL DRIVE AND WILSON AVENUE TO HERO ROAD; THENCE NORTH ALONG HERO ROAD TO BUNDY AVENUE; THENCE NORTHWEST ALONG BUNDY AVENUE TO GREEN STREET; THENCE NORTHEAST ALONG GREEN STREET TO DAVIS AVENUE; THENCE NORTHWEST ALONG DAVIS AVENUE TO W. 18TH STREET; THENCE SOUTHWEST ALONG W. 18TH STREET TO STRONG AVENUE; THENCE NORTHWEST ALONG STRONG AVENUE TO STATE HIGHWAY 144; THENCE NORTHEAST ALONG STATE HIGHWAY 144 TO PHILIPPINES DRIVE AND THE PLACE OF BEGINNING. DISTRICT 7 District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty County. (c) For the purposes of this section, whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (d) If any portion of Liberty County is not included within any of the commissioner districts described in subsection Page 3565 (b) of this section, said portion shall be included within the commissioner district contiguous to such portion which contains the least population according to the United States decennial census of 1980. Section 2. (a) The members serving on the board of commissioners of Liberty County on the effective date of this Act shall continue to serve until December 31, 1986, at which time their offices shall be abolished. (b) At the general election in 1986 and quadrennially thereafter, the chairman of the board of commissioners shall be elected from District 7. The chairman may reside anywhere within Liberty County but shall have been a resident of Liberty County for at least one year prior to the date of the general election and shall remain a resident of the county during a term of office. The chairman shall be elected by a majority of the electors voting county wide within Liberty County. (c) At the general election in 1986 and quadrennially thereafter, the other six members of the board of commissioners shall be severally elected from Commissioner Districts 1 through 6. Candidates for district commissioner shall have been residents of their respective commissioner districts for at least one year prior to the date of the general election and must remain residents of their respective commissioner districts during a term of office. District commissioners shall be elected by a majority of the electors voting within their respective commissioner districts. (d) Members of the board of commissioners shall take office on the first day of January immediately following their respective elections and shall each serve for terms of office of four years and until their successors are elected and qualified. (e) All members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' Section 2. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Page 3566 Section 9. (a) In the event of a vacancy in the office of chairman of the board of commissioners when the remaining term of office is six months or more, the vacancy shall be filled for the unexpired term at a special election. A special election to fill a vacancy in the office of chairman shall be held and conducted on a county-wide basis. If the remaining term of office is less than six months, the vice chairman shall serve as chairman for the remaining term of office, and the remaining members of the board of commissioners shall appoint a person from the county at large to serve as a member of the board of commissioners until the chairman elected at the next following general election takes office. (b) In the event of a vacancy in the office of district commissioner when the remaining term of office is six months or more, the vacancy shall be filled in a special election. A special election to fill a vacancy in the office of district commissioner shall be held only in the commissioner district in which the vacancy exists. If the remaining term of office is less than six months, the remaining members of the board of commissioners shall appoint a qualified resident of the commissioner district in which the vacancy exists to serve for the unexpired term. (c) The election superintendent of Liberty County shall issue the call for a special election to fill a vacancy as required by this section. The call for a special election shall be issued within 30 days after the existence of a vacancy has been established. A special election to fill vacancies shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A, known as the `Georgia Election Code. Section 3. It shall be the duty of the attorney for the board of commissioners of Liberty County to submit this Act to the United States Department of Justice for review under the federal Voting Rights Act of 1965. It shall be the duty of the board of commissioners to direct and ensure that such submissions are made in a timely manner by such attorney. It shall be the duty of such attorney and the board of commissioners of Liberty County to ensure that such submission has been completed as Page 3567 soon as practicable after the Governor approves this Act or after it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Liberty County approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, p. 2237), so as to provide for a seven-member Board of Commissioners consisting of one county wide district and six single-member districts; to change the method of filling vacancies; to provide for other matters related to the foregoing; to provide for the submission of this Act under the federal Voting Rights Act of 1965; and for other purposes. This 6th day of January, 1986. Honorable Glenn E. Bryant Senator, 3rd District Honorable James M. Floyd Representative, 154th District No. 1364 (Jan. 8) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Marvin Floyd, who, on oath, deposes and says that he is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County, on the following date: January 8, 1986. /s/ James Marvin Floyd Representative, 154th District Page 3568 Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved February 10, 1986. OGLETHORPE COUNTY BOARD OF EDUCATION; ELECTIONS; REFERENDUM. No. 783 (House Bill No. 1166). AN ACT To amend an Act providing for the election of members of the Board of Education of Oglethorpe County, approved March 31, 1967 (Ga. L. 1967, p. 2370), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3907), so as to change the descriptions of the education districts of the board and provide that members of the board will be elected by the electors of those districts and not at large; to provide for election, terms, vacancies, and qualifications of board members and for the composition of the board and for representation on the board for the newly described education districts; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the election of members of the Board of Education of Oglethorpe County, approved March 31, 1967 (Ga. L. 1967, p. 2370), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3907), is amended by striking Section 1 thereof and inserting in its place a new Section 1 to read as follows: Page 3569 Section 1. (a) The Board of Education of Oglethorpe County, sometimes referred to in this Act as the `board,' is continued and shall continue to be composed of five members, but one member shall be elected from and represent each of the five education districts described in subsection (b) of this section. (b) For purposes of electing members of the board under Section 4 of this Act, Oglethorpe County shall be divided into five education districts as follows: Education District 1 Begin on SR 10 east at Oglethorpe-Clarke county line, same as the Education District 3 beginning point, then follow SR 10 east to west Crawford city limits, then follow Crawford city limits south to County Road 316, then follow County Road 316 south to intersection with SR 77, then follow SR 77 south to intersection with County Road 114 just north of Stephens, then follow County Road 114 to intersection with County Road 115, then follow County Road 115 east extended to Long Creek, then follow Long Creek northeast to SR 22, then follow SR 22 south to intersection with County Road 149, then follow County Road 149 northeast to intersection with SR 10, then follow SR 10 east to Dry Creek at Oglethorpe-Wilkes county line. Then follow Wilkes County line south to Taliaferro County line, then follow Taliaferro County line south to Greene County line at Little River, then follow Greene County line west to Oconee County line at Oconee River, then follow Oconee County line north to Clarke County line at County Road 306. Then follow Clarke County line northeast to SR 10 or beginning point. Education District 2 Begin at Broad River, Oglethorpe-Elbert county line on SR 77 north, then follow SR 77 south to intersection with County Road 190, then follow County Road 190 south to intersection with County Road 189, then follow county 189 south to intersection with County Road 175, then follow County Road 175 east to intersection with County Road 188, then follow County Road 188 south to intersection with County Road 176, then follow County Road 176 southwest through Palmetto to intersection with County Road 170, Page 3570 then follow County Road 170 north to intersection with County Road 171, then follow County Road 171 northwest to intersection with SR 77, then follow SR 77 south to intersection with Academy Street in the City of Lexington, then follow Academy Street southwest to intersection with Church Street, then follow Church Street west to intersection with Greensboro Road, then follow Greensboro Road south and cross Boggs Street to dirt road near the Gilmer Home, then follow the dirt road west to Upson Street, then follow Upson Street north until it becomes Black Bottom Road, then follow Black Bottom Road to the north city limits of Lexington, then follow the city limits west and north to intersection with SR 22, then follow SR 22 north to intersection with County Road 315, then follow County Road 315 north to intersection with County Road 231 near Sandy Cross, then follow County Road 231 east to intersection with County Road 311, then follow County Road 311 east to County Road 214, then follow County Road 214 north to intersection with County Road 213, then follow County Road 213 north west to intersection with County Road 217, then follow County Road 217 west to County Road 315, then follow County Road 315 north to intersection with County Road 233, then follow County Road 233 west to intersection with County Road 227, then follow County Road 227 south to intersection with County Road 311, then follow County Road 311 west to Grove Creek, then follow Grove Creek north to Broad River at Oglethorpe-Madison county line, then follow Broad River east to SR 77 or beginning point. Education District 3 Begin at intersection of Broad River, Grove Creek, Oglethorpe and Madison county line. Follow Grove Creek south to intersection with County Road 311, then follow County Road 311 east to intersection with County Road 227, then follow County Road 227 north to intersection with County Road 233, then follow County Road 233 east to intersection with County Road 315, then follow County Road 315 south to intersection with County Road 217, then follow County Road 217 east to intersection with County Road 213, then follow County Road 213 east south to intersection with County Road 214, then follow County Road 214 south to intersection with County Road 311, then follow County Road 311 west to intersection with County Road 231, then follow Page 3571 County Road 231 west to intersection with County Road 232, then follow County Road 232 west to intersection with SR 22, then follow SR 22 north to intersection with County Road 9, then follow County Road 9 northwest to intersection with County Road 13, then follow County Road 13 west south to intersection with County Road 310, then follow County Road 310 north to intersection with County Road 46, then follow County Road 46 southwest to intersection with County Road 312, then follow County Road 312 northwest to intersection with County Road 309 near Sunlight Church, then follow County Road 309 southwest to intersection with County Road 307, then follow County Road 307 west to Winterville city limits Clarke County line, then follow Clarke-Oglethorpe county line to Madison-Oglethorpe county line, then follow Madison-Oglethorpe county line east to beginning point. Education District 4 Begin on SR 10 east at Oglethorpe-Clarke county line, then follow SR 10 east to west Crawford city limits, then follow Crawford city limits south east back to SR 10, then follow County Road 24 from SR 10 northwest to intersection with County Road 310, then follow County Road 310 north to intersection with County Road 312, then follow County Road 312 northwest to intersection with County Road 309 near Sunlight Church, then follow County Road 309 west to intersection with County Road 307, then follow County Road 307 northwest to Winterville city limits Clarke County line, then follow Winterville city limits Clarke County line west south to intersection with SR 10, the beginning point. Education District 5 Begin at Broad River, Oglethorpe-Elbert county line on SR 77 north, then follow SR 77 south to intersection with County Road 190, then follow County Road 190 south to intersection with County Road 189, then follow County Road 189 south to intersection with County Road 175, then follow County Road 175 east to intersection with County Road 188, then follow County Road 188 south to intersection with County Road 176, then follow County Road 176 southwest through Palmetto to intersection with County Road 170, Page 3572 then follow County Road 170 north to intersection with County Road 171, then follow County Road 171 northwest to intersection with SR 77, then follow SR 77 south to intersection with Academy Street in the City of Lexington, then follow Academy Street southwest to intersection with Church Street, then follow Church Street west to intersection with Greensboro Road, then follow Greensboro Road south and crossing Boggs Street to dirt road near the Gilmer Home, then follow the dirt road west to Upson Street, then follow Upson Street north until it becomes Black Bottom Road, then follow Black Bottom Road to the north city limits of Lexington, then follow the city limits west and north to intersection with SR 22, then follow SR 22 north to intersection with County Road 315, then follow County Road 315 north to intersection with County Road 232 near Sandy Cross, then follow County Road 232 west to intersection with SR 22, then follow SR 22 north to intersection with County Road 9, then follow County Road 9 northwest to intersection with County Road 13, then follow County Road 13 west south to intersection with County Road 310, then follow County Road 310 north to intersection with County Road 46, then follow County Road 46 southwest to intersection with County Road 312, then follow County Road 312 southeast to intersection with County Road 310, then follow County Road 310 south to intersection with County Road 24, then follow County Road 24 southeast to SR 10, then continue across SR 10 and follow Crawford city limits southwest to County Road 316, then follow County Road 316 south to intersection with SR 77, then follow SR 77 south to intersection with County Road 114 just north of Stephens, then follow County Road 114 to intersection with County Road 115, then follow County Road 115 east extended to Long Creek, then follow Long Creek northeast to SR 22, then follow SR 22 south to intersection with County Road 149, then follow County Road 149 northeast to intersection with SR 10, then follow SR 10 east to Dry Fork Creek, and Oglethorpe-Wilkes county line, then follow Dry Fork and Long Creek which is Oglethorpe-Wilkes county line north to Elbert County line at Broad River, then follow Elbert County line Broad River west to SR 77 or beginning point. (c) Any part of the Oglethorpe County School District not included in any education district described in subsection (b) of this section shall be included within that education Page 3573 district contiguous to such part which contains the least population according to the United States decennial census of 1980. Section 2. Said Act is further amended by striking Section 2 thereof and inserting in its place a new Section 2 to read as follows: Section 2. (a) Each member of the board representing an education district shall reside in that district and be elected by the qualified electors voting only in that district. (b) The provisions of Chapter 2 of Title 21 shall apply to regular and special elections of members of the board under this Act. Section 3. Said Act is further amended by striking Section 4 thereof and inserting in its place a new Section 4 to read as follows: Section 4. (a) Education Districts 1, 2, 3, 4, and 5, as they existed on January 1, 1986, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under Section 1 of this Act; and after January 1, 1987, members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under Section 1 of this Act. (b) Those members of the board serving as such from Education Districts 1, 3, 4, and 5 on January 1, 1986, shall continue to serve out their respective terms of office, which terms for Education Districts 3 and 5 expire December 31, 1986, and which terms for Education Districts 1 and 4 expire December 31, 1988, and until their respective successors are elected and qualified as provided in subsections (c) and (d) of this section. The term of office of that member of the board serving as a member from Education District 2 on January 1, 1986, which member was appointed to fill a vacancy in that office, shall be shortened so as to expire December 31, 1986, and upon the election and qualification of a successor pursuant to subsection (c) of this section. Page 3574 (c) Those members of the board first elected from Education Districts 3 and 5, as newly described in Section 1 of this Act, shall be elected at the November general election of 1986 and shall take office the first day of January, 1987, to serve for initial terms of four years each and until their respective successors are elected and qualified under subsection (e) of this section. That member of the board first elected from Education District 2, as newly described in Section 1 of this Act, shall be elected at the November general election of 1986 and shall take office the first day of January, 1987, to serve an initial term of two years and until a successor is elected and qualified under subsection (d) of this section. (d) Those members of the board first elected from Education Districts 1 and 4, as newly described in Section 1 of this Act, and the successor to that member first elected from newly described Education District 2 shall be elected at the November general election of 1988 and shall take office the first day of January, 1989, to serve for terms of four years each and until their respective successors are elected and qualified under subsection (e) of this section. (e) After the terms of office specified in subsections (c) and (d) of this section, successors to members of the board whose terms expire shall be elected at the November general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following their election to serve for terms of four years each and until their respective successors are elected and qualified. (f) For the period beginning January 1, 1987, and ending December 31, 1988, the board shall be composed of those three members elected from Education Districts 2, 3, and 5 under subsection (c) of this section and those two incumbent members from Education Districts 1 and 4 whose terms of office expire December 31, 1988, and upon the election and qualification of their respective successors under subsection (d) of this section. Section 4. Said Act is further amended by striking Section 6 thereof and inserting in its place a new Section 6 to read as follows: Page 3575 Section 6. (a) Vacancies on the board which occur within the first two years of a term of office and at least 35 days prior to the date of the general election to be held within those two years shall be filled by the remaining members of the board electing a successor from the education district in which the vacancy occurred to serve until the vacancy is filled by a qualified person elected at a special election held on the same date as that general election. The election superintendent shall call that special election no less than 30 nor more than 45 days prior to the date of the general election. The person elected to fill the vacancy at that special election shall serve out the unexpired term and until a successor is regularly elected and qualified. (b) Vacancies occurring at any time other than as provided in subsection (a) of this section shall be filled by the remaining members of the board electing a successor from the education district in which the vacancy occurred to serve out the unexpired term of office and until a successor is regularly elected and qualified. (c) The Oglethorpe County Board of Education created by this Act shall be successor to all the rights, powers, duties, and obligations of the immediately preceding Oglethorpe County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Oglethorpe County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Oglethorpe County School District for approval or rejection. The election superintendent shall conduct that election on May 13, 1986, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Oglethorpe County. The ballot shall have written or printed thereon the words: Page 3576 () YES () NO Shall the Act be approved which changes the description of the education districts of the Oglethorpe County Board of Education, provides that members of the board will be elected by the electors of those districts and not at large, and provides for elections, terms, vacancies, and qualifications of members of the board and for the composition of the board and representation thereon? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Oglethorpe County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are repealed. INTENT TO INTRODUCE LOCAL LEGISLATION. Notice is hereby given of the intent to have local legislation introduced in the 1986 session of the Georgia General Assembly amending the act providing for the election of the Oglethorpe County Board of Education approved March 31, 1967. 1967, Ga. laws 23-70, as amended and to provide for a referendum and for other purposes. Kelly Graham, Chairman Oglethorpe County Board of Education. 1-16-1c Page 3577 AFFIDAVIT. State of Georgia County of Oglethorpe Comes now, Ralph Maxwell, Jr., and states after being duly sworn, that: 1. I am the publisher of the Oglethorpe Echo , which is the newspaper for legal advertisements in Oglethorpe County. 2. Attached hereto is a copy of the legal advertisement for the Notice of Intention To Introduce Local Legislation in the 1986 Session of the Georgia General Assembly. 3. This advertisement was printed in the January 9, 1986 issue of the Oglethorpe Echo . This the 9th day of January, 1986. /s/ Ralph B. Maxwell, Jr. Sworn to and subscribed before me, this the 9th day of January, 1986. /s/ Teresa G. Barnett Notary Public. My Commission Expires 10-6-87. (Seal). Approved February 13, 1986. Page 3578 ELBERT COUNTY BOARD OF EDUCATION; RE-CREATION; REFERENDUM. No. 784 (House Bill No. 1167). AN ACT To reconstitute and re-create the Board of Education of Elbert County as successor to the Board of Education of Elbert County established by local constitutional amendment and provide for the election of that board; to provide for the composition of the board and districts therefor and elections therefrom; to provide for qualifications of the members of the board; to change certain terms of office of the members of the board and provide for new terms of office; to provide for vacancies; to provide for a chairman of the board; to provide for the applicability of other provisions of law; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There shall be a reconstituted Board of Education of Elbert County, sometimes referred to in this Act as the board, which shall be composed of five members. The board as established under this Act shall be the successor to the Board of Education of Elbert County established under the local constitutional amendment which was proposed by Resolution Act No. 186 (Ga. L. 1962, p. 965) and which was duly ratified at the 1962 general election (Ga. L. 1963, p. 872); and the board as established under this Act shall succeed to all powers, duties, rights, obligations, and liabilities of the board established under that local constitutional amendment. (b) One member of the board shall be elected from and represent each of the five education districts described in Section 2 of this Act. Each member representing an education district shall be elected by the qualified electors voting only in that district. Section 2. (a) For purposes of electing members of the board under this Act, Elbert County shall be divided into five education districts as follows: Page 3579 Education District 1 Begin at intersection of Ga. Hwy. 17 and 77 at the center of the City of Elberton and proceed north to the city limits; thence follow the city limits in a westerly direction to their intersection with Ga. Hwy. 17 North; thence proceed north along Ga. Hwy. 17 to the intersection of Ga. Hwy. 17 and Ga. Hwy. 72; thence proceed along Ga. Hwy. 72 in a southwesterly direction to its intersection with County Roads 68 and 289 (Mineral Springs Rd.); thence proceed in a southerly and easterly direction along Mineral Springs Road to its intersection with the city limits of Elberton; thence follow the city limits in a generally easterly and northerly direction to their intersection with Ga. Hwy. 17 South; thence proceed northeasterly along Ga. Hwy. 17 to its intersection with Ga. Hwy. 77 and to point of beginning. Education District 2 Begin at the intersection of Ga. Hwy. 17 South and the city limits of Elberton and proceed south along Ga. Hwy. 17 to its intersection with County Road 278 (Robinwood Road); proceed thence northeasterly along County Road 278 to its intersection with Ga. Hwy. 72; thence proceed southeasterly along Ga. Hwy. 72 to its intersection with County Road 47; proceed thence south along County Road 47 to its intersection with County Road 43; proceed thence east along County Road 43 to its intersection with County Road 24; thence south and east along County Road 24 to its intersection with County Road 25; proceed thence north along County Road 25 to its intersection with Ga. Hwy. 72; thence proceed east along Ga. Hwy. 72 to its intersection with County Road 17; proceed thence south along County Road 17 to its intersection with County Road 16; proceed thence east along County Road 16 to its intersection with Ga. Hwy. 72; proceed thence east along Ga. Hwy. 72 to its intersection with County Road 244; proceed north along County Road 244 to the waterline of Lake Richard B. Russell; proceed thence southeast along the waterline of Lake Richard B. Russell to the Savannah River and the Elbert County line; proceed south along the Savannah River and county line to the Broad River; thence west along the Broad River and the Elbert County line to its intersection with Cedar Creek; Page 3580 thence proceed north along Cedar Creek to its intersection with County Road 67; thence north and east along County Road 67 to its intersection with County Road 69; thence proceed north along County Road 69 to its intersection with Ga. Hwy. 72; thence northeasterly along Ga. Hwy. 72 to its intersection with County Roads 68 and 289 (Mineral Springs Road); thence proceed in a southerly and easterly direction along Mineral Springs Road to its intersection with the city limits of Elberton; thence follow the city limits of Elberton in a generally easterly direction to their intersection with Ga. Hwy. 17 South and the point of beginning. Education District 3 Begin at the intersection of Ga. Hwy. 17 South and the city limits of Elberton and proceed south along Ga. Hwy. 17 to its intersection with County Road 278 (Robinwood Road); proceed thence northeasterly along County Road 278 to its intersection with Ga. Hwy. 72; thence proceed southeasterly along Ga. Hwy. 72 to its intersection with County Road 47; proceed thence south along County Road 47 to its intersection with County Road 43; proceed thence east along County Road 43 to its intersection with County Road 24; thence south and east along County Road 24 to its intersection with County Road 25; proceed thence north along County Road 25 to its intersection with Ga. Hwy. 72; thence proceed east along Ga. Hwy. 72 to its intersection with County Road 17; proceed thence south along County Road 17 to its intersection with County Road 16; proceed thence east along County Road 16 to its intersection with Ga. Hwy. 72; proceed thence east along Ga. Hwy. 72 to its intersection with County Road 244; proceed north along County Road 244 to the waterline of Lake Richard B. Russell; proceed thence southeast along the waterline of Lake Richard B. Russell to the Savannah River and the Elbert County line; thence proceed north along the Savannah River and the Elbert County line to the Elbert and Hart county boundary; thence proceed west along the Elbert/Hart county line to its intersection with Elbert County Road 167; thence proceed south along County Road 167 to its intersection with County Road 169; thence north along County Road 169 to its intersection with Beaverdam Creek; thence follow Beaverdam Creek south to its intersection with County Road 306; thence proceed Page 3581 south and east along County Road 306 to its intersection with the Elberton Urban Area Boundary (UAB) as defined on the Georgia DOT maps; thence proceed south along this UAB to its intersection with County Road 260; thence proceed southwest along County Road 260 to its intersection with the city limits of Elberton; thence follow the city limits of Elberton in a generally southerly direction to their intersection with Ga. Hwy. 17 South and the point of beginning. Education District 4 Begin at the intersection of Ga. Hwy. 17 and Ga. Hwy. 72 West northwest of the Elberton city limits and proceed southwest along Ga. Hwy. 72 to its intersection with County Road 69; thence proceed south along County Road 69 to its intersection with County Road 67; proceed west and south along County Road 67 to its intersection with Cedar Creek; thence follow Cedar Creek south to its intersection with the Broad River and the Elbert County line; thence north along Broad River and the Elbert/Madison county line to the Elbert/Hart county line; thence east along the Elbert/Hart county line to its intersection with Elbert County Road 167; thence proceed south along County Road 167 to its intersection with County Road 163; thence proceed southwest along County Road 163 to its intersection with County Road 191; thence south along County Road 191 to its intersection with the old Southern Railroad track; follow southerly along the railroad track to its intersection with County Road 167; thence west on County Road 167 to its intersection with Ga. Hwy. 17; thence proceed southeast along Ga. Hwy. 17 to its intersection with Ga. Hwy. 72 West and the point of beginning. Education District 5 Begin at the intersection of the Elbert/Hart county line and Elbert County Road 167 and proceed south along County Road 167 to its intersection with County Road 169; thence north along County Road 169 to its intersection with Beaverdam Creek; thence follow Beaverdam Creek south to its intersection with County Road 306; thence proceed south and east along County Road 306 to its intersection with the Elberton Urban Area Boundary (UAB) as defined on the Georgia Page 3582 DOT maps; thence proceed south along this UAB to its intersection with County Road 260; thence proceed southwest along County Road 260 to its intersection with the city limits of Elberton; thence follow the city limits of Elberton in a generally southerly direction to their intersection with Ga. Hwy. 17 South; thence proceed north along Ga. Hwy. 17 to its intersection with Ga. Hwy. 77 at the center of the City of Elberton; proceed north along Ga. Hwy. 77 to the city limits; thence follow the city limits in a westerly direction to their intersection with Ga. Hwy. 17 North; thence proceed north along Ga. Hwy. 17 to the intersection of Ga. Hwy. 17 and County Road 167; thence west along County Road 167 to its intersection with the old Southern Railroad track; thence follow the Southern Railroad track north to its intersection with County Road 191; thence proceed north along County Road 191 to its intersection with County Road 167 and the point of beginning. (b) Any part of the Elbert County School District not included in any education district described in subsection (a) of this Section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980. Section 3. Each member of the board shall be a qualified elector of Elbert County and shall be a resident of the education district from which elected. If a member removes that member's residence from the education district which that member represents, the remaining members of the board shall immediately declare that a vacancy in that office exists and shall fill that vacancy as provided in Section 5 of this Act. Section 4. (a) The terms of office of those members of the board who are serving on January 1, 1986, as such members from Education Districts 4 and 5 shall be shortened so as to expire at the end of December 31, 1986, and upon the election, under subsection (b) of this section, and qualification of their successors from newly described Education Districts 4 and 5, respectively. Those members of the board who are serving on January 1, 1986, as such members from Education Districts 1, 2, and 3, shall serve out their respective terms of office, which shall expire at the end of December 31, 1986, and upon the election, under subsection (b) of this section, and qualification Page 3583 of their successors from newly described Education Districts 1, 2, and 3, respectively. (b) Those members of the board first elected from Education Districts 1 and 4, as described in Section 2 of this Act, shall be elected at the November general election in 1986, shall take office the first day of January, 1987, and shall serve for an initial term of two years and until their respective successors are elected and qualified. Those members of the board first elected from Education Districts 2, 3, and 5, as described in Section 2 of this Act, shall be elected at the November general election in 1986, shall take office the first day of January, 1987, and shall serve for an initial term of four years and until their respective successors are elected and qualified. (c) After the initial terms of office provided in subsection (b) of this section, successors to members of the board whose terms expire shall be elected from education districts described in Section 2 of this Act at the November general election immediately preceding the expiration of those respective terms of office, and shall take office the first day of January immediately following that election for terms of four years and until the election and qualification of their respective successors. Section 5. In the event a vacancy occurs on the board for any reason other than expiration of a term of office, the remaining members of the board shall appoint a successor to serve out the remainder of the unexpired term and until a successor is regularly elected and qualified. The person appointed to fill a vacancy shall be a resident of the education district, as described in Section 2 of this Act, in which the vacancy occurs. Section 6. The board, at its first meeting in January following the election of new members, shall elect a chairman, who shall serve for two years and until the next chairman is elected. Any person may succeed himself as chairman. Section 7. The board shall be subject to all constitutional and general statutory provisions relating to county boards of education unless those provisions are in conflict with this Act. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Elbert Page 3584 County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Elbert County School District for approval or rejection. That election superintendent shall conduct that election on May 13, 1986, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Elbert County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which reconstitutes and re-creates the Board of Education of Elbert County and provides for new single-member districts and elections therefrom, changes and provides for terms, and provides for qualifications, vacancies, and organization? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Elbert County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, legislation providing for the reorganization of the Board of Education of Elbert County on the basis of five, single member districts, Page 3585 with the voters in each district electing the member to serve from that district; to provide for the filling of vacancies, qualifications, and staggered terms; to specify when the terms of the newly-elected members shall begin and end; to provide for effective dates; to provide for a referendum of the people on the question as to whether said legislation shall become effective; to repeal conflicting laws; and for other purposes. This 20 day of December, 1985. /s/ Charles W. Yeargin Charles W. Yeargin Representative, 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Elberton Star which is the official organ of Elbert County, on the following date: December 31, 1985. /s/ Charles W. Yeargin Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, This the 20 day of Dec. 1985. /s/ Vivian H. Skelton Notary Public, State of Georgia My Commission Expires June 21, 1987. 12-31 AFFIDAVIT. Elbert County To Whom It May Concern: Page 3586 This is to certify that the legal notice attached hereto has been published in the: The ELBERTON STAR-The Elbert Beacon newspaper legal organ for Elbert County, the following dates, to-wit: December 31, 1985. Sworn to on the 6th day of January, 1986. /s/ Jon Hunt, Editor General Manager Sworn to and subscribed to before me, on the 6th day of January, 1986. /s/ Mary C. Taylor Notary Public. (Seal). Approved February 13, 1986. OGLETHORPE COUNTY BOARD OF COMMISSIONERS CREATED. No. 785 (House Bill No. 1168). AN ACT To create a Board of Commissioners of Oglethorpe County and provide for its composition; to provide for the election, qualification, terms, compensation and expenses, oath, commission, and bond of the chairman and members of the board; to provide for commissioner districts and vacancies; to provide for the duties and powers of the chairman and members of the board; to provide for organization, meetings, and quorum of the board; to provide that the board shall succeed to certain powers, rights, duties, privileges, responsibilities, obligations, and liabilities; to provide for effective dates; to repeal specifically certain laws; to repeal conflicting laws; and for other purposes. Page 3587 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) There is created the Board of Commissioners of Oglethorpe County, sometimes referred to in this Act as the board, which shall constitute the governing authority of Oglethorpe County. The board shall be composed of a chairman and five other members. (b) The chairman of the board shall be elected from the county at large. The remaining five members of the board shall be elected from and represent commissioner districts composed of portions of Oglethorpe County as provided in Section 2 of this Act. All of such members shall be elected at the times and in the manner provided for in this Act. (c) All members of the board shall be qualified electors of Oglethorpe County. Each of the persons elected from commissioner districts shall have been a resident of that person's respective commissioner district for at least six months prior to the date of taking office. In the event the chairman ceases to be a resident of Oglethorpe County during that person's term of office or in the event any member ceases to be a resident of the respective commissioner district from which that member was elected or appointed during that member's term of office, a vacancy shall thereby be created and shall be filled in the manner provided in Section 5 of this Act. The chairman of the board shall be elected by the qualified electors of the entire county. Each of the other members shall be elected by the qualified electors of Oglethorpe County residing within that member's respective commissioner district. Any person wishing to offer as a candidate for chairman shall offer as a candidate for that office. Any person offering as a candidate for commissioner other than chairman shall designate the commissioner district for which that person is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A. Section 2 . (a) For the purpose of electing the members of the board other than the chairman, Oglethorpe County shall be divided into five commissioner districts as follows: Page 3588 Commissioner District 1 Begin on SR 10 east at Oglethorpe-Clarke county line, same as the Education District 3 beginning point, then follow SR 10 east to west Crawford city limits, then follow Crawford city limits south to County Road 316, then follow County Road 316 south to intersection with SR 77, then follow SR 77 south to intersection with County Road 114 just north of Stephens, then follow County Road 114 to intersection with County Road 115, then follow County Road 115 east extended to Long Creek, then follow Long Creek northeast to SR 22, then follow SR 22 south to intersection with County Road 149, then follow County Road 149 northeast to intersection with SR 10, then follow SR 10 east to Dry Creek at Oglethorpe-Wilkes county line. Then follow Wilkes County line south to Taliaferro County line, then follow Taliaferro County line south to Greene County line at Little River, then follow Greene County line west to Oconee County line at Oconee River, then follow Oconee County line north to Clarke County line at County Road 306. Then follow Clarke County line northeast to SR 10 or beginning point. Commissioner District 2 Begin at Broad River, Oglethorpe-Elbert county line on SR 77 north, then follow SR 77 south to intersection with County Road 190, then follow County Road 190 south to intersection with County Road 189, then follow county 189 south to intersection with County Road 175, then follow County Road 175 east to intersection with County Road 188, then follow County Road 188 south to intersection with County Road 176, then follow County Road 176 southwest through Palmetto to intersection with County Road 170, then follow County Road 170 north to intersection with County Road 171, then follow County Road 171 northwest to intersection with SR 77, then follow SR 77 south to intersection with Academy Street in the City of Lexington, then follow Academy Street southwest to intersection with Church Street, then follow Church Street west to intersection with Greensboro Road, then follow Greensboro Road south and cross Boggs Street to dirt road near the Gilmer Home, then follow the dirt road west to Upson Street, then follow Upson Street north until it becomes Black Bottom Page 3589 Road, then follow Black Bottom Road to the north city limits of Lexington, then follow the city limits west and north to intersection with SR 22, then follow SR 22 north to intersection with County Road 315, then follow County Road 315 north to intersection with County Road 231 near Sandy Cross, then follow County Road 231 east to intersection with County Road 311, then follow County Road 311 east to County Road 214, then follow County Road 214 north to intersection with County Road 213, then follow County Road 213 north west to intersection with County Road 217, then follow County Road 217 west to County Road 315, then follow County Road 315 north to intersection with County Road 233, then follow County Road 233 west to intersection with County Road 227, then follow County Road 227 south to intersection with County Road 311, then follow County Road 311 west to Grove Creek, then follow Grove Creek north to Broad River at Oglethorpe-Madison county line, then follow Broad River east to SR 77 or beginning point. Commissioner District 3 Begin at intersection of Broad River, Grove Creek, Oglethorpe and Madison county line. Follow Grove Creek south to intersection with County Road 311, then follow County Road 311 east to intersection with County Road 227, then follow County Road 227 north to intersection with County Road 233, then follow County Road 233 east to intersection with County Road 315, then follow County Road 315 south to intersection with County Road 217, then follow County Road 217 east to intersection with County Road 213, then follow County Road 213 east south to intersection with County Road 214, then follow County Road 214 south to intersection with County Road 311, then follow County Road 311 west to intersection with County Road 231, then follow County Road 231 west to intersection with County Road 232, then follow County Road 232 west to intersection with SR 22, then follow SR 22 north to intersection with County Road 9, then follow County Road 9 northwest to intersection with County Road 13, then follow County Road 13 west south to intersection with County Road 310, then follow County Road 310 north to intersection with County Road 46, then follow County Road 46 southwest to intersection with County Road 312, then follow County Road 312 northwest to intersection Page 3590 with County Road 309 near Sunlight Church, then follow County Road 309 southwest to intersection with County Road 307, then follow County Road 307 west to Winterville city limits Clarke County line, then follow Clarke-Oglethorpe county line to Madison-Oglethorpe county line, then follow Madison-Oglethorpe county line east to beginning point. Commissioner District 4 Begin on SR 10 east at Oglethorpe-Clarke county line, then follow SR 10 east to west Crawford city limits, then follow Crawford city limits south east back to SR 10, then follow County Road 24 from SR 10 northwest to intersection with County Road 310, then follow County Road 310 north to intersection with County Road 312, then follow County Road 312 northwest to intersection with County Road 309 near Sunlight Church, then follow County Road 309 west to intersection with County Road 307, then follow County Road 307 northwest to Winterville city limits Clarke County line, then follow Winterville city limits Clarke County line west south to intersection with SR 10, the beginning point. Commissioner District 5 Begin at Broad River, Oglethorpe-Elbert county line on SR 77 north, then follow SR 77 south to intersection with County Road 190, then follow County Road 190 south to intersection with County Road 189, then follow County Road 189 south to intersection with County Road 175, then follow County Road 175 east to intersection with County Road 188, then follow County Road 188 south to intersection with County Road 176, then follow County Road 176 southwest through Palmetto to intersection with County Road 170, then follow County Road 170 north to intersection with County Road 171, then follow County Road 171 northwest to intersection with SR 77, then follow SR 77 south to intersection with Academy Street in the City of Lexington, then follow Academy Street southwest to intersection with Church Street, then follow Church Street west to intersection with Greensboro Road, then follow Greensboro Road south and crossing Boggs Street to dirt road near the Gilmer Page 3591 Home, then follow the dirt road west to Upson Street, then follow Upson Street north until it becomes Black Bottom Road, then follow Black Bottom Road to the north city limits of Lexington, then follow the city limits west and north to intersection with SR 22, then follow SR 22 north to intersection with County Road 315, then follow County Road 315 north to intersection with County Road 232 near Sandy Cross, then follow County Road 232 west to intersection with SR 22, then follow SR 22 north to intersection with County Road 9, then follow County Road 9 northwest to intersection with County Road 13, then follow County Road 13 west south to intersection with County Road 310, then follow County Road 310 north to intersection with County Road 46, then follow County Road 46 southwest to intersection with County Road 312, then follow County Road 312 southeast to intersection with County Road 310, then follow County Road 310 south to intersection with County Road 24, then follow County Road 24 southeast to SR 10, then continue across SR 10 and follow Crawford city limits southwest to County Road 316, then follow County Road 316 south to intersection with SR 77, then follow SR 77 south to intersection with County Road 114 just north of Stephens, then follow County Road 114 to intersection with County Road 115, then follow County Road 115 east extended to Long Creek, then follow Long Creek northeast to SR 22, then follow SR 22 south to intersection with County Road 149, then follow County Road 149 northeast to intersection with SR 10, then follow SR 10 east to Dry Fork Creek, and Oglethorpe-Wilkes county line, then follow Dry Fork and Long Creek which is Oglethorpe-Wilkes county line north to Elbert County line at Broad River, then follow Elbert County line Broad River west to SR 77 or beginning point. (b) Any part of Oglethorpe County not included in any commissioner district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census. Section 3. (a) The members first elected to the board under this Act shall be elected as follows: Page 3592 (1) The member first elected from Commissioner District 2 shall be elected at the November general election of 1986 and shall take office the first day of January, 1987, to serve for an initial term of two years and until the election and qualification of that person's successor under paragraph (2) of this subsection; (2) The chairman of the board first elected under this Act, the member first elected from Commissioner District 4, and the successor to the member first elected from Commissioner District 2 shall all be elected at the November general election of 1988 and shall take office the first day of January, 1989, to serve for terms of four years each and until their respective successors are elected and qualified; and (3) The members first elected from Commissioner Districts 1, 3, and 5 shall be elected at the November general election of 1988 and shall take office the first day of January, 1989, to serve for terms of office of two years each and until their respective successors are elected and qualified. (b) After the terms of office specified in paragraphs (2) and (3) of subsection (a) of this section, successors to the chairman and other members of the board whose terms expire shall be elected at the November general election immediately preceding the expiration of those respective terms of office and shall take office the first day of January immediately following that election to serve for terms of four years each and until the election and qualification of their respective successors. Section 4. (a) For the period beginning January 1, 1987, and ending December 31, 1988, the board shall consist of the member elected from Commissioner District 2 pursuant to subsection (a) of Section 3 of this Act, the three members elected at the November general election of 1984 to the advisory board to the commissioner, the probate judge who serves as ex officio commissioner, and the sole commissioner elected at the November general election of 1984. During that time those membership positions, other than for Commissioner District 2, on the Board of Commissioners of Oglethorpe County held on January 1, 1986, Page 3593 by the following persons shall be deemed to be the following commissioner district or chairman positions: Phil Massey - Commissioner District 1 Carlton V. Carter - Commissioner District 3 Thomas Meyer - Commissioner District 4 Beverly W. Nation - Commissioner District 5 J. W. Griffith - Chairman (b) Commissioner district residency otherwise required by this Act shall not apply to members of the board deemed to be from specified commissioner districts pursuant to subsection (a) of this section, but in the event a vacancy occurs in any commissioner district prior to December 31, 1988, a person may not be appointed or elected to fill that vacancy pursuant to Section 5 of this Act unless that person has resided in that district for at least six months prior to the date of taking office. Section 5. (a) In the event of a vacancy in the membership of the board because of death, resignation, removal of residency from the county or commissioner district, or for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (1) If the unexpired term is six months or less, the remaining members of the board, within 30 days after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy for the unexpired term. (2) If the unexpired term is more than six months and a November election, as defined by Code Section 21-2-2 of the O.C.G.A., will be held within 180 days, but not less than 30 days, after the occurrence of the vacancy, then the remaining members of said board of commissioners, within 30 days after the occurrence of said vacancy, shall appoint a qualified person to serve until the vacancy is filled for the remaining unexpired term by a person elected at a special election called for the same date as the November election as provided in this paragraph. The election superintendent of Oglethorpe County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the Page 3594 remaining unexpired term, and the election superintendent shall set the date of that special election for the same date as the November election. The call for that special election shall be issued not more than 45 days nor less than 30 days prior to the date of that special election. In the event the remaining term is more than six months but the vacancy occurs within less than 30 days prior to the date of the next November election, as defined in this paragraph, then such vacancy shall be filled in the manner prescribed by paragraph (3) of this subsection. (3) If the unexpired term is more than six months and a November election, as defined in paragraph (2) of this subsection, will not be held within 180 days and at least 30 days after the occurrence of the vacancy, then within 30 days after the occurrence of said vacancy, the election superintendent of Oglethorpe County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. That superintendent shall set the date of that special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. (b) When a vacancy occurs in the office of chairman of the board, the person elected or appointed, as the case may be, to fill that vacancy may reside anywhere within the territorial limits of Oglethorpe County, and when that vacancy is filled by a special election, the qualified electors of the entire County of Oglethorpe shall be eligible to vote at said special election. When the vacancy occurs in the office of a member of the board other than the chairman, the person elected or appointed, as the case may be, to fill said vacancy shall be a resident of the commissioner district wherein the vacancy exists, and when that vacancy is filled by a special election, only the qualified electors of Oglethorpe County who reside within the commissioner district wherein the vacancy exists shall be eligible to vote at said special election. Persons elected or appointed to fill vacancies as provided by this section shall be subject to the same qualifications as required of other persons elected to the office of chairman or commissioner of Oglethorpe County. Page 3595 (c) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. Section 6. (a) The chairman of the board shall: (1) Preside at all meetings of the board but shall not vote unless the board is equally divided, in which event the chairman shall vote and that vote shall be counted the same as the vote of any other member of the board; (2) Appoint members and chairmen of all committees of the board; (3) Be recognized as the official head of Oglethorpe County by state, federal, and other authorities for military and ceremonial functions; (4) Publish semiannually in the newspaper in the county in which the legal advertisements are published an itemized statement of all money received and expended by the board during the six months immediately preceding that publication and the sources from which received and the purposes for which expended, the expense of which publication shall be paid from the funds of Oglethorpe County; and (5) Generally supervise, direct, control, and provide for the administration of the affairs of Oglethorpe County. (b) The board shall hold a regular meeting at 1:00 P.M. on the first Tuesday of each month. Four members and the chairman of the board shall constitute a quorum for the transaction of business, but the vote of at least four commissioners shall be necessary to take official action. Section 7. (a) The chairman of the board shall be compensated in the amount of $400.00 per month from the funds of Oglethorpe County. Page 3596 (b) The members of the board, other than the chairman, shall be compensated in the amount of $200.00 per annum, payable annually from the funds of Oglethorpe County. (c) In addition to the compensation provided in subsections (a) and (b) of this section, the chairman and each member of the board shall be paid the reasonable and necessary expenses incurred in carrying out the duties of that person's office, which shall be paid from the funds of Oglethorpe County. Section 8. Prior to entering upon the discharge of their duties, persons elected as the chairman and other members of the board shall be commissioned and subscribe to the oath as required by general law, and the chairman shall also be required to give bond in the sum of $25,000.00, conditioned on the faithful performance of the chairman's duties. Section 9. The board created by this Act shall succeed to all the powers, rights, duties, privileges, responsibilities, obligations, and liabilities of the commissioner of Oglethorpe County, the advisory board for that commissioner, and the ex officio commissioner of Oglethorpe County as such ex officio commissioner, as well as those powers, rights, duties, privileges, responsibilities, obligations, and liabilities of county governing authorities as provided by the general law and Constitution of this state. Section 10. Those provisions of this Act relating to and necessary for the election of the member from Commissioner District 2 at the November general election of 1986 shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without that approval; the remaining provisions of this Act shall become effective January 1, 1987. Section 11. An Act creating the commissioner of Oglethorpe County, approved August 15, 1904 (Ga. L. 1904, p. 278), as amended, and an Act creating an advisory board for the commissioner of Oglethorpe County, approved August 1, 1911 (Ga. L. 1911, p. 475), as amended, are repealed in their entirety. Section 12. All laws and parts of laws in conflict with this Act are repealed. Page 3597 Notice of Intention to Introduce Local Legislation Legislation shall be introduced during the 1986 session of the Georgia General Assembly on behalf of Oglethorpe County to create a Board of Commissioners and provide for its composition; to provide for the election, qualification, terms, compensation and expenses, oath, commission, and bond of the chairman and members of the board; to provide for commission districts and vacancies; to provide for the duties and powers of the chairman and members of the board; to provide for organization, meetings, and quorom of the board; to provide that the board shall succeed to certain powers, rights, duties, privileges, responsibilities, obligations, and liabilities; to provide for effective dates; to repeal specifically certain laws; to repeal conflicting laws; and for other purposes. This legal notice is provided pursuant to OCGA 28-1-14. Oglethorpe County Board of Commissioners 1-16-2c AFFIDAVIT. STATE OF GEORGIA COUNTY OF OGLETHORPE COMES NOW, Ralph Maxwell, Jr., and states after being duly sworn, that: 1. I am the publisher of the Oglethorpe Echo , which is the newspaper for legal advertisements in Oglethorpe County. 2. Attached hereto is a copy of the legal advertisement for the Notice of Intention To Introduce Local Legislation in the 1986 Session of the Georgia General Assembly. 3. This advertisement was printed in the January 9, 1986 issue of the Oglethorpe Echo. This the 9th day of January, 1986. /s/ Ralph B. Maxwell, Jr. Page 3598 Sworn to and subscribed before me this the 9th day of January, 1986. /s/ Teresa G. Barnett Notary Public. My Commission Expires 10-6-87. (Seal). Approved February 13, 1986. ELBERT COUNTY BOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; COMPENSATION; DUTIES. No. 786 (House Bill No. 1390). AN ACT To amend an Act entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 25, 1883 (Ga. L. 1882-83, p. 509), an Act approved December 5, 1901 (Ga. L. 1901, p. 236), an Act approved August 11, 1913 (Ga. L. 1913, p. 385), an Act approved August 16, 1920 (Ga. L. 1920, p. 514), an Act approved July 18, 1925 (Ga. L. 1925, p. 636), an Act approved February 16, 1943 (Ga. L. 1943, p. 960), an Act approved February 3, 1949 (Ga. L. 1949, p. 133), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2319), an Act approved March 10, 1959 (Ga. L. 1959, p. 2627), an Act approved February 27, 1962 (Ga. L. 1962, p. 2319), an Act approved March 3, 1965 (Ga. L. 1965, p. 2115), an Act approved February 24, 1967 (Ga. L. 1967, p. 2054), an Act approved March 27, 1972 (Ga. L. 1972, p. 2473), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2479), so as to provide for the election of the Board of Commissioners of Elbert County; to provide for the composition of the board and districts therefor and elections therefrom; to provide qualifications of members of the board and to provide for their compensation; Page 3599 to provide for a chairman; to provide for vacancies; to provide for staggered terms; to define the duties of the board and chairman; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 25, 1883 (Ga. L. 1882-83, p. 509), an Act approved December 5, 1901 (Ga. L. 1901, p. 236), an Act approved August 11, 1913 (Ga. L. 1913, p. 385), an Act approved August 16, 1920 (Ga. L. 1920, p. 514), an Act approved July 18, 1925 (Ga. L. 1925, p. 636), an Act approved February 16, 1943 (Ga. L. 1943, p. 960), an Act approved February 3, 1949 (Ga. L. 1949, p. 133), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2319), an Act approved March 10, 1959 (Ga. L. 1959, p. 2627), an Act approved February 27, 1962 (Ga. L. 1962, p. 2319), an Act approved March 3, 1965 (Ga. L. 1965, p. 2115), an Act approved February 24, 1967 (Ga. L. 1967, p. 2054), an Act approved March 27, 1972 (Ga. L. 1972, p. 2473), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2479), is amended by striking Section 1, 1A, and 1B thereof and inserting in their place new Sections 1, 1A, and 1B to read as follows: Section 1. (a) The governing authority of Elbert County is vested in a board of commissioners, sometimes referred to in this Act as the `board,' to consist of five commissioners elected by the qualified voters of their respective commissioner districts only, as defined in subsection (c) of this section, and a chairman to be elected by all the qualified voters of Elbert County. (b) All board members shall be electors of Elbert County and, except for the chairman, must be residents of the respective commissioner districts which they represent. If any commissioner ceases to reside in that person's district, it shall be the duty of the board to declare that office vacant. The chairman shall be an elector and resident of Elbert County, and if the chairman ceases so to be, it shall be the duty of the board to declare that office vacant. Page 3600 (c) For purposes of electing members of the board, other than the chairman, Elbert County shall be divided into five commissioner districts as follows: Commissioner District 1 Begin at intersection of Ga. Hwy. 17 and 77 at the center of the City of Elberton and proceed north to the city limits; thence follow the city limits in a westerly direction to their intersection with Ga. Hwy. 17 North; thence proceed north along Ga. Hwy. 17 to the intersection of Ga. Hwy. 17 and Ga. Hwy. 72; thence proceed along Ga. Hwy. 72 in a southwesterly direction to its intersection with County Roads 68 and 289 (Mineral Springs Rd.); thence proceed in a southerly and easterly direction along Mineral Springs Road to its intersection with the city limits of Elberton; thence follow the city limits in a generally easterly and northerly direction to their intersection with Ga. Hwy. 17 South; thence proceed northeasterly along Ga. Hwy. 17 to its intersection with Ga. Hwy. 77 and to point of beginning. Commissioner District 2 Begin at the intersection of Ga. Hwy. 17 South and the city limits of Elberton and proceed south along Ga. Hwy. 17 to its intersection with County Road 278 (Robinwood Road); proceed thence northeasterly along County Road 278 to its intersection with Ga. Hwy. 72; thence proceed southeasterly along Ga. Hwy. 72 to its intersection with County Road 47; proceed thence south along County Road 47 to its intersection with County Road 43; proceed thence east along County Road 43 to its intersection with County Road 24; thence south and east along County Road 24 to its intersection with County Road 25; proceed thence north along County Road 25 to its intersection with Ga. Hwy. 72; thence proceed east along Ga. Hwy. 72 to its intersection with County Road 17; proceed thence south along County Road 17 to its intersection with County Road 16; proceed thence east along County Road 16 to its intersection with Ga. Hwy. 72; proceed thence east along Ga. Hwy. 72 to its intersection with County Road 244; proceed north along County Road 244 to the waterline of Lake Richard B. Russell; proceed thence southeast along the waterline of Lake Richard B. Page 3601 Russell to the Savannah River and the Elbert County line; proceed south along the Savannah River and county line to the Broad River; thence west along the Broad River and the Elbert County line to its intersection with Cedar Creek; thence proceed north along Cedar Creek to its intersection with County Road 67; thence north and east along County Road 67 to its intersection with County Road 69; thence proceed north along County Road 69 to its intersection with Ga. Hwy. 72; thence northeasterly along Ga. Hwy. 72 to its intersection with County Roads 68 and 289 (Mineral Springs Road); thence proceed in a southerly and easterly direction along Mineral Springs Road to its intersection with the city limits of Elberton; thence follow the city limits of Elberton in a generally easterly direction to their intersection with Ga. Hwy. 17 South and the point of beginning. Commissioner District 3 Begin at the intersection of Ga. Hwy. 17 South and the city limits of Elberton and proceed south along Ga. Hwy. 17 to its intersection with County Road 278 (Robinwood Road); proceed thence northeasterly along County Road 278 to its intersection with Ga. Hwy. 72; thence proceed southeasterly along Ga. Hwy. 72 to its intersection with County Road 47; proceed thence south along County Road 47 to its intersection with County Road 43; proceed thence east along County Road 43 to its intersection with County Road 24; thence south and east along County Road 24 to its intersection with County Road 25; proceed thence north along County Road 25 to its intersection with Ga. Hwy. 72; thence proceed east along Ga. Hwy. 72 to its intersection with County Road 17; proceed thence south along County Road 17 to its intersection with County Road 16; proceed thence east along County Road 16 to its intersection with Ga. Hwy. 72; proceed thence east along Ga. Hwy. 72 to its intersection with County Road 244; proceed north along County Road 244 to the waterline of Lake Richard B. Russell; proceed thence southeast along the waterline of Lake Richard B. Russell to the Savannah River and the Elbert County line; thence proceed north along the Savannah River and the Elbert County line to the Elbert and Hart county boundary; thence proceed west along the Elbert/Hart county line to its intersection with Elbert County Road 167; thence proceed Page 3602 south along County Road 167 to its intersection with County Road 169; thence north along County Road 169 to its intersection with Beaverdam Creek; thence follow Beaverdam Creek south to its intersection with County Road 306; thence proceed south and east along County Road 306 to its intersection with the Elberton Urban Area Boundary (UAB) as defined on the Georgia DOT maps; thence proceed south along this UAB to its intersection with County Road 260; thence proceed southwest along County Road 260 to its intersection with the city limits of Elberton; thence follow the city limits of Elberton in a generally southerly direction to their intersection with Ga. Hwy. 17 South and the point of beginning. Commissioner District 4 Begin at the intersection of Ga. Hwy. 17 and Ga. Hwy. 72 West northwest of the Elberton city limits and proceed southwest along Ga. Hwy. 72 to its intersection with County Road 69; thence proceed south along County Road 69 to its intersection with County Road 67; proceed west and south along County Road 67 to its intersection with Cedar Creek; thence follow Cedar Creek south to its intersection with the Broad River and the Elbert County line; thence north along Broad River and the Elbert/Madison county line to the Elbert/Hart county line; thence east along the Elbert/Hart county line to its intersection with Elbert County Road 167; thence proceed south along County Road 167 to its intersection with County Road 163; thence proceed southwest along County Road 163 to its intersection with County Road 191; thence south along County Road 191 to its intersection with the old Southern Railroad track; follow southerly along the railroad track to its intersection with County Road 167; thence west on County Road 167 to its intersection with Ga. Hwy. 17; thence proceed southeast along Ga. Hwy. 17 to its intersection with Ga. Hwy. 72 West and the point of beginning. Commissioner District 5 Begin at the intersection of the Elbert/Hart county line and Elbert County Road 167 and proceed south along County Road 167 to its intersection with County Road 169; thence Page 3603 north along County Road 169 to its intersection with Beaverdam Creek; thence follow Beaverdam Creek south to its intersection with County Road 306; thence proceed south and east along County Road 306 to its intersection with the Elberton Urban Area Boundary (UAB) as defined on the Georgia DOT maps; thence proceed south along this UAB to its intersection with County Road 260; thence proceed southwest along County Road 260 to its intersection with the city limits of Elberton; thence follow the city limits of Elberton in a generally southerly direction to their intersection with Ga. Hwy. 17 South; thence proceed north along Ga. Hwy. 17 to its intersection with Ga. Hwy. 77 at the center of the City of Elberton; proceed north along Ga. Hwy. 77 to the city limits; thence follow the city limits in a westerly direction to their intersection with Ga. Hwy. 17 North; thence proceed north along Ga. Hwy. 17 to the intersection of Ga. Hwy. 17 and County Road 167; thence west along County Road 167 to its intersection with the old Southern Railroad track; thence follow the Southern Railroad track north to its intersection with County Road 191; thence proceed north along County Road 191 to its intersection with County Road 167 and the point of beginning. (d) Any part of Elbert County not included in any commissioner district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980. Section 1A. (a) The persons serving from Commissioner Districts 2 and 4 under the law in effect immediately prior to the earliest effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1986, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from Commissioner Districts 2 and 4, as constituted under Section 1 of this Act, and the member first elected from new Commissioner District 5, as constituted under Section 1 of this Act, shall be elected at the general election in 1986 and take office the first day of January, 1987, to serve for initial terms of four years each and until their respective successors are duly elected and qualified. Page 3604 (b) The persons serving from Commissioner Districts 1 and 3 under the law in effect on December 31, 1986, shall thereafter be deemed to be serving from Commissioner Districts 1 and 3 as constituted under Section 1 of this Act and shall serve the remainder of their respective terms which shall expire December 31, 1988, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from Commissioner Districts 1 and 3, as constituted under Section 1 of this Act, shall be elected at the general election in 1988 and take office the first day of January, 1989, to serve for initial terms of four years each and until their respective successors are duly elected and qualified. (c) The person serving as chairman under the law in effect December 31, 1986, shall continue to serve the remainder of that person's term as chairman, which term shall expire December 31, 1988, and until that person's successor is duly elected and qualified pursuant to subsection (d) of this section. (d) After the initial terms of members specified in subsections (a) and (b) of this section and after the expiration of the term of the chairman under subsection (c) of this section, successors to commissioner members of the board and the chairman whose terms are to expire shall be elected at the general election immediately preceding the expiration of those terms and take office the first day of January following their election to serve for terms of four years each and until their respective successors are duly elected and qualified. (e) For the period beginning January 1, 1987, and ending December 31, 1988, the board shall consist of those three members first elected from newly described Commissioner Districts 2, 4, and 5 pursuant to subsection (a) of this section and those two incumbent members and the incumbent chairman serving as such pursuant to subsections (b) and (c) of this section. Section 1B. (a) In case of a vacancy in the office of commissioner other than that of chairman, other than due to the expiration of a term of office, the board shall elect a Page 3605 qualified person to serve the remainder of the unexpired term and until the successor is duly elected and qualified. In case of a vacancy in the office of chairman, other than due to the expiration of a term of office, the board shall elect a qualified person to serve as chairman for the remainder of the unexpired term and until the successor is duly elected and qualified if said unexpired term is for six months or less. If the unexpired term is greater than six months, it shall be the duty of the board to instruct the superintendent of elections for Elbert County to call and conduct a special election, and that special election shall be called and conducted for the county at large for the purpose of electing a qualified person to serve as chairman for the remainder of the unexpired term and until the successor is duly elected and qualified. (b) The chairman of the board shall preside at all meetings of the board, shall vote only in case of a tie vote, and shall have such other powers as were heretofore provided by law therefor. (c) The members of the board, other than the chairman, shall receive compensation in the amount of $200.00 per month payable from the funds of Elbert County; provided, however, that the chairman shall be compensated as provided in Section 2 of this Act. (d) The commissioners and chairman of the board shall have all powers heretofore provided by local and general law, with complete jurisdiction over all matters of government in Elbert County, and all existing laws relating to the powers, duties, and obligations of said officials shall remain in full force and effect. Section 2. Those provisions of this Act relating to and necessary for the election of members of the Board of Commissioners of Elbert County from Commissioner Districts 2, 4, and 5 at the 1986 general election shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 3606 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, legislation to amend an act providing a Board of Commissioners for Elbert County, approved February 27, 1875 (Ga. L. 1875, P. 253), as amended, and for other purposes. This 8th day of January, 1986. /s/ Charles W. Yeargin Representative, 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Elberton Star-The Elbert Beacon which is the official organ of Elbert County, on the following date: January 9, 1986. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved February 13, 1986. Page 3607 CITY OF CANTON CORPORATE LIMITS. No. 789 (H. B. No. 1395). AN ACT To amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to change the corporate limits thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, is amended by adding immediately following Section 2 thereof a new Section 2A to read as follows: Section 2A. In addition to any other property within the corporate limits of the City of Canton, those corporate limits shall include all of the right of way of Interstate Highway 575 in Cherokee County beginning at the width of the right of way of that highway as formed by a line perpendicular to the boundaries of that right of way and intersecting centerline station number 434+00, then proceeding northeasterly along the right of way of that highway; and ending at the width of that highway as formed by a line perpendicular to the boundaries of that right of way and intersecting centerline station number 481+83.77 as such right of way and centerline station numbers are specified in right of way plans for Interstate Highway 575 as filed in the state department of transportation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 3608 919 City of Canton Canton, Georgia 30114 Notice is hereby given that local legislation will be offered in the 1986 session of the Georgia General Assembly to expand the city limits of the City of Canton. By legislative delegation. 1:15,22 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: January 22, 1986. /s/ W. G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved February 20, 1986. Page 3609 LAKELAND-LANIER COUNTY CHARTER COMMISSION ACT PREPARATION OF A COUNTY-WIDE GOVERNMENT CHARTER; REFERENDUM. No. 792 (House Bill No. 1971). AN ACT To create the Lakeland-Lanier County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of the charter commission; to provide for the organizational meeting of the charter commission and for the chairman; to provide for the powers and duties of the charter commission; to provide that the charter commission shall be authorized to employ a staff to assist in carrying out its powers and duties; to provide for the expenses of the charter commission and for the payment of those expenses by the governing authorities of the City of Lakeland and Lanier County; to provide that the charter commission shall be authorized to study all matters relating to the governments of the City of Lakeland and of Lanier County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Lanier County; to provide for the powers of the charter commission relating to drafting a proposed county-wide government charter; to provide for the submission of such proposed county-wide government charter to the qualified voters of Lanier County for approval or rejection; to provide the manner in which such charter shall be submitted to those voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the Lakeland-Lanier County Charter Commission Act. This Act is pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. Page 3610 Section 2. As used in this Act the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) Charter commission or commission shall mean the Lakeland-Lanier County Charter Commission provided for in this Act. (2) Governing authority of Lanier County shall mean the Board of Commissioners of Lanier County. (3) Governing authority of the City of Lakeland shall mean the mayor and council of the City of Lakeland. Section 3. (a) There is created the Lakeland-Lanier County Charter Commission which shall consist of ten members who shall be the following individuals: Ruth D. Conine Mable R. Sirmans Ben Mack Mary R. Threatte V. L. Moore S. Heyward Watson W. A. Roquemore James T. White James S. Shaw, Sr. George H. Wynn (b) Mr. W. A. Roquemore shall be chairman of the charter commission. (c) If a vacancy shall occur on said commission for any reason, the remaining members of the charter commission shall, within 30 days of any such vacancy, appoint an individual to fill such vacancy. To be eligible for appointment, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of two years and a resident of Lanier County for a period of one year prior to the time of appointment. Notwithstanding the foregoing, any vacancy which occurs within 90 days prior to the submission of the proposed charter to the Lanier County election superintendent as provided in Section 9 of this Act need not be filled but may, at the option of the commission, be filled in its discretion. (d) Five members of the charter commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees Page 3611 which may, at the discretion of the charter commission, be appointed. Fifty percent of the number of members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (e) The charter commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (f) All persons who shall, from time to time, serve as members of the charter commission and all employees and staff hired by the charter commission from time to time shall be afforded coverage, and shall be included in the insured class, under the provisions of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of Lanier County extending to members of such governing authority of Lanier County what is commonly referred to as Public Official's Liability Insurance Coverage to the same extent and with identical coverage and limits as afforded to the individual members of the governing authority of Lanier County. Any additional premium amounts payable by Lanier County due to the extension of such coverage to the members of the charter commission and its employees and staff shall be paid one-half by Lanier County and one-half by the City of Lakeland, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (g) The governing authority of Lanier County and the governing authority of any county-wide government created under a charter adopted pursuant to this Act is authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is adopted. Page 3612 Section 4. (a) The charter commission shall hold organizational meeting within 21 days after the date this Act becomes effective. The chairman of the charter commission shall call such organizational meeting. In calling the organizational meeting, the chairman of the charter commission shall designate the date, time, and place that the organizational meeting shall be held. (b) The charter commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter commission as it shall deem necessary. The charter commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Lakeland and Lanier County and in drafting a charter. The charter commission shall not employ any person who holds any elective public office. (c) The members of the charter commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Lakeland and the governing authority of Lanier County are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. The said governing authorities shall initially appropriate not less than $3,000.00 each for the charter commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairman of the charter commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter commission, provided that such additional expenditures shall be first approved by both governing authorities. (d) The charter commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. Page 3613 (e) All public officials and employees of Lanier County and the City of Lakeland upon request shall furnish the charter commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter commission for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the commission as it shall request; and shall also appear and give testimony at the request of the commission before the commission or any of its committees, subcommittees, or advisory committees. Section 5. The commission shall be authorized to study all matters relating to the governments of the City of Lakeland and Lanier County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Lanier County. The charter commission shall draft a proposed charter creating a single county-wide government, which government shall supersede and replace the existing governments of the City of Lakeland and Lanier County and may also supersede and replace any public authorities and special service districts located and operating within Lanier County. Section 6. (a) The charter so drafted shall be submitted to the qualified voters of Lanier County for approval or rejection at the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory. (1) The charter shall provide for the abolishment of the existing governments of the City of Lakeland and Lanier County and for the creation of a new single government which may have all powers formerly exercised by the City of Lakeland and Lanier County and such other powers as may be necessary or desirable. The new single government may be given such rights, powers, duties, and liabilities as are now or hereafter vested in municipalities or counties or both by the Constitution and Page 3614 laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide. (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs. (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court, except for the Superior Court, the Probate Court, and the Magistrate Court of Lanier County. (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Lanier County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide. (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices, including coroner, county surveyor, or positions of public employment of the City of Lakeland and Lanier County and any public authorities or special service districts located or operating within Lanier County. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter commission shall deem necessary for the efficient functioning of the new county-wide government. (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, Page 3615 including the number of members of the governing authority, their powers, duties, terms of office, manner and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority. (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto. (8) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the county-wide government in accordance with the kind, character, type, and degree of services provided by the government within those taxing districts. The charter may provide that the rate and manner of taxation may vary in any one district from that in another or other districts and may provide that the powers, authority, duties, liabilities, and functions of the new governing authority may vary from district to district. The charter shall provide that any such taxing district established shall reflect the services received and that the governing authority of the new county-wide government shall periodically revise districts as changes in conditions and in services rendered, in its judgment, may require. (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A., or other similar legislation. (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and Page 3616 franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter. (11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes. (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia session laws. (13) The charter shall provide for the repeal of conflicting laws. (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Lakeland and Lanier County and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become Page 3617 the owner of all property, assets, and rights previously belonging to the City of Lakeland and Lanier County and any authorities or special services districts merged into the new government; and (3) The charter commission shall develop a summary budget for the first year of operation of the new county-wide government. (d) The charter commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees, to compel witnesses to testify thereat, and to subpoena of any person or entity all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairman or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Lanier County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter commission and the charter proposed by the commission and subsequently adopted may not: Page 3618 (1) Alter or affect the status of the Lanier County School District and the Lanier County Board of Education or any provision by which such named agency is authorized or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; (3) Abolish the office of sheriff, clerk of superior court, or tax commissioner; or (4) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the school district, board of education, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers herein granted to the charter commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. Section 7. The charter commission shall be required to hold at least one public hearing to determine the sentiment of the citizens of the City of Lakeland and Lanier County regarding the work of the charter commission. The charter commission shall cause the date, time, and place of such hearing to be advertised in the official organ of Lanier County once in the week immediately preceding the week during which the public hearing is held. The charter commission is authorized to hold more than one public hearing if it determines that additional public hearings are desirable. Section 8. (a) The charter commission shall complete its studies and shall prepare, complete, and file the charter within 12 months after the date of its initial meeting; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution Page 3619 duly adopted by the governing authority of the City of Lakeland and by a similar resolution being duly adopted by the governing authority of Lanier County and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any federal court or courts. (b) Certified copies of the charter shall be filed by the charter commission with the clerks of the governing authorities of the City of Lakeland and Lanier County and shall be authenticated by the signature of the chairman of the charter commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter commission shall also make available a copy of the charter to every daily or weekly newspaper published in Lanier County and to each radio station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter commission and prior to the time of filing or submission thereof as herein provided, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter commission to the Department of Justice to obtain approval by the Department of Justice shall not prevent the charter commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereto, and the charter commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department Page 3620 of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. Section 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the Lanier County election superintendent; and it shall be the duty of the election superintendent to call and hold a special referendum election for ratification or rejection of the proposed charter as provided in Section 10. (b) The charter commission shall be abolished by operation of law on midnight of the day the special referendum election on the proposed charter is held. Section 10. (a) Not less than seven days nor more than 30 days after receipt of the certified copy of the proposed charter and after receipt of approval by the United States Department of Justice of such proposed charter, it shall be the duty of the Lanier County election superintendent to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for a day not less than 30 days nor more than 60 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Lanier County. The ballot shall have written or printed thereon the following: () YES () NO Shall the charter consolidating the governments of the City of Lakeland and Lanier County and creating a single county-wide government to supersede and replace those governments be approved? (b) All persons desiring to vote for approval of the charter shall vote YES, and those persons desiring to vote for rejection of the charter shall vote NO. The votes cast on such question by the qualified voters of Lanier County residing within the corporate limits of the City of Lakeland and the votes cast on such question by the qualified voters of Lanier County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Lanier County residing within the Page 3621 corporate limits of the City of Lakeland are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Lanier County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Lakeland and Lanier County. (c) The special election shall be conducted pursuant to the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used herein, shall mean a voter of Lanier County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Lakeland who shall attach the same to the copy of the charter previously certified to him. One copy of the proclamation shall be delivered to the clerk of the governing authority of Lanier County who shall attach the same to the copy of the charter previously certified to him. (e) Whenever a charter for the consolidation of the governments of the City of Lakeland and Lanier County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Lakeland and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Lanier County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of Page 3622 the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him, and copies so certified by him shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. Section 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Lakeland and Lanier County shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. Section 12. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION NOTICE IS HEREBY GIVEN THAT LEGISLATION WILL BE INTRODUCED IN THE FORTHCOMING SESSION OF THE GEORGIA GENERAL ASSEMBLY TO ESTABLISH A Page 3623 CHARTER COMMISSION THAT WILL FORMULATE PLANS FOR A CONSOLIDATED COUNTY GOVERNMENT. Jim White Lanier County Commission Lakeland City Council Jay Shaw Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten, who, on oath, deposes and says that he is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lanier County News which is the official organ of Lanier County, on the following date: 2-6-86. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Dot H. Moore Notary Public, Lanier County, Georgia. (Seal). Approved March 3, 1986. Page 3624 RANDOLPH COUNTY BOARD OF COMMISSIONERS; RE-CREATION; ELECTIONS. No. 793 (House Bill No. 1847). AN ACT To amend an Act creating the board of commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended by an Act approved March 11, 1943 (Ga. L. 1943, p. 1103), an Act approved January 25, 1945 (Ga. L. 1945, p. 498), an Act approved February 26, 1947 (Ga. L. 1947, p. 132), an Act approved February 8, 1949 (Ga. L. 1949, p. 297), an Act approved February 18, 1959 (Ga. L. 1959, p. 2035), an Act approved February 21, 1961 (Ga. L. 1961, p. 2096), an Act approved January 27, 1978 (Ga. L. 1978, p. 3023), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3778), so as to provide for a board of commissioners as the governing authority of Randolph County; to provide for continuation of the present board of commissioners and its present members; to provide for the future composition and election of the board; to provide for districts for the election of members of the board; to provide for terms of office; to provide for a chairman; to provide for vacancies; to provide for a quorum; to repeal specific laws; to continue in effect current provisions relating to compensation; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended by an Act approved March 11, 1943 (Ga. L. 1943, p. 1103), an Act approved January 25, 1945 (Ga. L. 1945, p. 498), an Act approved February 26, 1947 (Ga. L. 1947, p. 132), an Act approved February 8, 1949 (Ga. L. 1949, p. 297), an Act approved February 18, 1959 (Ga. L. 1959, p. 2035), an Act approved February 21, 1961 (Ga. L. 1961, p. 2096), an Act approved January 27, 1978 (Ga. L. 1978, p. 3023), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3778), is amended by repealing in its entirety each of the following amendatory Acts: Page 3625 (1) The amendatory Act relating to terms of office and compensation of commissioners, approved March 11, 1943 (Ga. L. 1943, p. 1103); (2) The amendatory Act relating to election of commissioners, approved January 25, 1945 (Ga. L. 1945, p. 498); (3) The amendatory Act relating to election of commissioners, approved February 26, 1947 (Ga. L. 1947, p. 132); (4) The amendatory Act relating to election of commissioners, approved February 8, 1949 (Ga. L. 1949, p. 297); (5) The amendatory Act relating to compensation of commissioners, approved February 18, 1959 (Ga. L. 1959, p. 2035); (6) The amendatory Act relating to election of commissioners, approved February 21, 1961 (Ga. L. 1961, p. 2096); and (7) The amendatory Act relating to compensation of commissioners, approved January 27, 1978 (Ga. L. 1978, p. 3023). Section 2. The amendatory Act relating to compensation of commissioners, approved March 18, 1985 (Ga. L. 1985, p. 3778), is continued in effect; and the members of the board of commissioners shall continue to be compensated as provided in Section 19 of said 1935 Act, as amended by said 1985 Act, until otherwise provided by law. Section 3. Said 1935 Act is further amended by striking Sections 1 through 8 and inserting in their place new Sections 1 through 8 to read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the governing authority of Randolph County shall be the board of commissioners of Randolph County. Until January 1, 1987, the board of commissioners in office immediately prior to the effective date of this section shall continue to constitute the governing authority of Randolph County Page 3626 as provided by prior law and shall continue to operate under such prior law. The members of the board of commissioners in office immediately prior to the effective date of this section shall serve for the remainder of the terms of which they were elected and until their successors are elected and qualified, such terms to expire as follows: (1) Commissioner Lumpkin, term to expire December 31, 1986; (2) Commissioner Lamb, term to expire December 31, 1986; (3) Commissioner Moore, term to expire December 31, 1988; (4) Commissioner Bruner, term to expire December 31, 1988; and (5) Commissioner Jackson, term to expire December 31, 1988. Section 2. Be it further enacted by the authority aforesaid: (a) For the period beginning January 1, 1987, and ending December 31, 1988, the board of commissioners shall consist of six members. These six members shall be: (1) Commissioner Moore, serving for a term to expire December 31, 1988; (2) Commissioner Bruner, serving for a term to expire December 31, 1988; (3) Commissioner Jackson, serving for a term to expire December 31, 1988; (4) A member to be elected at the 1986 general election from and by the voters of Commissioner District No. 1, to serve for a term to expire December 31, 1990, and until his successor is elected and qualified; (5) A member to be elected at the 1986 general election from and by the voters of Commissioner District Page 3627 No. 5, to serve for a term to expire December 31, 1990, and until his successor is elected and qualified; and (6) A member to be elected at the 1986 general election from and by the voters of Commissioner District No. 3, to serve for a term to expire December 31, 1988, and until his successor is elected and qualified. (b) On and after January 1, 1989, the board of commissioners shall consist of five members. At the general election held in 1988 and quadrennially thereafter one member shall be elected from and by the voters of each of Commissioner Districts No. 2, 3, and 4. At the general election held in 1990 and quadrennially thereafter one member shall be elected from and by the voters of each of Commissioner Districts No. 1 and 5. All of the members elected in 1988 and thereafter shall be elected for terms of four years beginning on the first day of January next following their election, and until their successors are elected and qualified. A successor to each such member shall be elected at the general election next preceding the expiration of a term of office. (c) Each member of the board of commissioners elected on or after the effective date of this section shall be elected only by the voters of the district which he represents and not by the voters of the county at large. In order to be qualified for nomination or election as a member of the board of commissioners, a candidate must be a resident of the commissioner district and must have been a resident of said commissioner district for at least one year next preceding his qualification for nomination he seeks to represent. Section 3. Be it further enacted by the authority aforesaid that for purposes of electing the board of commissioners of Randolph County, the county is divided into five commissioner districts as follows: Commissioner District No. 1 Randolph Tract 9901 Blocks 109 through 117, 127 through 130, and 133 Page 3628 Tract 9902 Blocks 101 through 108, 118 through 124, and 139 through 149 Blocks 201 through 206 That part of Block 215 inside the City of Cuthbert Blocks 216 through 230 Block 405 Blocks 542 through 544 Commissioner District No. 2 Randolph Tract 9901 Blocks 101 through 108, 118 through 126, and 134 through 150 Blocks 201 through 206, 210, 211, 217 through 223, 227, and 228 Tract 9902 Blocks 109 through 115, 117, 125 through 133, and 137 Blocks 212 through 214 and 238 through 242 Commissioner District No. 3 Randolph Tract 9902 Blocks 134 through 136, 138, and 150 Blocks 207 through 211, 231 through 237, and 247 through 250 Blocks 301, 315 through 324, and 326 through 336 Blocks 402 through 404, 406 through 409, 411, and 412 Those parts of blocks 413 and 414 inside the City of Cuthbert Blocks 545 through 546 Commissioner District No. 4 Randolph Tract 9901 Blocks 240 through 242 and 248 through 250 Blocks 301 through 331 Page 3629 Tract 9902 That part of Block 215 outside the City of Cuthbert Block 348 Those parts of Blocks 413 and 414 outside the City of Cuthbert Blocks 415 through 450 Blocks 501 through 516 and 518 through 541 Commissioner District No. 5 Randolph Tract 9901 Blocks 207 through 209, 212 through 216, 224 through 226, 229 through 239, and 243 through 247 Tract 9902 Blocks 243 through 246 Blocks 302 through 314, 337 through 347, 349, and 350 Blocks 401 and 410 Section 4. Be it further enacted by the authority aforesaid: (a) For purposes of Section 3 of this Act, the terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (b) Whenever the description of any commissioner district in Section 3 of this Act refers to a named city, it shall mean the geographical boundaries of that city as shown on census maps for the United States decennial census of 1980 for the State of Georgia. (c) Any part of Randolph County which is not included in any district described in Section 3 of this Act shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Page 3630 Section 5. Be it further enacted by the authority aforesaid: (a) Except as provided in subsection (b) of this section, on and after January 1, 1987, any vacancy on the board of commissioners occurring more than 90 days before the expiration of the term of the member vacating his office shall be filled at a special election from and by the voters of the commissioner district left unrepresented. Any vacancy occurring within 90 days of the expiration of a term of office shall be filled by an appointment made by the judges of superior court of Randolph County. Any member selected to fill a vacancy shall serve for the remainder of the unexpired term and must be a qualified voter of the commissioner district he represents. (b) If, during the period beginning January 1, 1987, and ending December 31, 1988, any vacancy occurs in the seat held by Commissioner Jackson, such vacancy shall be filled from Commissioner District No. 2 in the manner specified in subsection (a) of this section. If, during the period beginning January 1, 1987, and ending December 31, 1988, any vacancy occurs in the seat held by Commissioner Moore or Commissioner Bruner, such vacancy shall not be filled and the number of members of the board of commissioners shall as of the date of such vacancy be reduced by operation of law to five members. If, however, during the period beginning January 1, 1987, and ending December 31, 1988, a vacancy occurs in both the seat held by Commissioner Moore and the seat held by Commissioner Bruner, then the first of such vacancies shall not be filled but the second such vacancy shall be filled from Commissioner District No. 4 in the manner specified by subsection (a) of this section. Section 6. Be it further enacted by the authority aforesaid that during any period of time when the number of members of the board of commissioners is fixed by the other provisions of this Act at six members, four members of the board shall constitute a quorum. During any period of time when the number of members of the board of commissioners is fixed by the other provisions of this Act at five members, three members of the board shall constitute a quorum. Section 7. Be it further enacted by the authority aforesaid that during any period of time when the number of members Page 3631 of the board of commissioners is fixed by the other provisions of this Act at six members, the affirmative votes of four members of the board shall be required for any action to be approved by vote of the board. During any period of time when the number of members of the board is fixed by the other provisions of this Act at five members, the affirmative vote of three members of the board shall be required for any action to be approved by the board. Section 8. Be it further enacted by the authority aforesaid that at its first meeting in calendar year 1987 and in each year thereafter, the board of commissioners shall elect from among the members of the board a chairman to serve as chairman until the election of a new chairman in the following calendar year. The chairman shall preside at all meetings of the board of commissioners, shall sign the minutes of each meeting, and shall sign, as chairman, all orders and processes of the board of commissioners. During any period of time when the number of members of the board of commissioners is fixed by the other provisions of this Act at six members, the chairman shall vote only to break a tie or if his vote is necessary to provide the fourth vote necessary for approval of a measure. During any period of time when the number of members of the board is fixed by the other provisions of this Act at five members, the chairman shall vote on all matters before the board in the same manner as other members of the board. Section 4. Said 1935 Act is further amended by striking Sections 12 and 13 and inserting in their place new Sections 12 and 13 to read as follows: Section 12. Reserved. Section 13. Reserved. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend Page 3632 an Act creating the board of commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended; to provide for all related matters; and for other purposes. This 3rd day of February, 1986. J. T. Bruner R. W. Moore Norman Lumpkin Bobby Lamb David L. Jackson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southern Tribune which is the official organ of Randolph County, on the following date: February 7, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 3, 1986. Page 3633 TROUP COUNTY BOARD OF EDUCATION; DISTRICT DEFINED; REFERENDUM. No. 794 (House Bill No. 1899). AN ACT To amend an Act providing a new board of education of Troup County, approved January 22, 1986, and designated as Act No. 772 of the regular 1986 session of the General Assembly (House Bill No. 1207), so as to provide for the submission of the Act to the voters of the Troup County School District for approval or rejection; to define the Troup County School District; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new board of education of Troup County, approved January 22, 1986, and designated as Act No. 772 of the regular 1986 session of the General Assembly (House Bill No. 1207), is amended by adding between Section 6 and Section 7 a new Section 6.1 to read as follows: Section 6.1 For the purposes of submission of this Act to the electors of the Troup County School District for approval or rejection as provided in Section 7 of this Act, the Troup County School District shall be defined to include all the unincorporated area of Troup County and that portion of the City of West Point lying within Troup County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 0190 FEB. 14 Page 3634 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a Bill to amend an Act providing a new Board of Education of Troup County, approved January 22, 1986 and designated as Act No. 772 of the regular 1986 session of the General Assembly (House Bill No. 1207), so as to provide for the submission of the Act to the voters of the Troup County School District for approval or rejection; to define the Troup County School District; and for other purposes. This 13th day of February, 1986. /s/ J. Frank Slaughter, Jr. Chairman, Troup County Board of Education PUBLISHER'S AFFIDAVIT Georgia, Troup County. Personally before the undersigned officer duly authorized to administer oaths appeared GLEN O. LONG who on oath deposes and says that he is the Publisher of the LaGrange Daily News, the newspaper in which the Sheriff's advertisements for Troup County, Georgia are published and that the attached Notice of Intention to Introduce Local Legislation was published therein on February 14, 1986. /s/ Glen O. Long, Publisher LaGrange Daily News Sworn to and subscribed before me on this 14th day of February, 1986. /s/ James R. Lewis Notary Public, Troup County, Georgia. Notary Public, Georgia State at Large My Commission Expires Sept. 12, 1988. (Seal). Approved March 3, 1986. Page 3635 CHEROKEE COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 795 (House Bill No. 1005). AN ACT To create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board; to provide for a chairman of the board; to provide for filling vacancies; to provide for oaths; to provide for bonds; to provide for the compensation of the chairman and members of the board; to provide for meetings of the board; to provide for the powers, duties, and responsibilities of the board; to provide reports on financial affairs; to provide for county employees and for certain appointments; to provide for the internal organization of the county government; to provide for budgeting and auditing; to provide for the expenditure of county funds; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The board of commissioners of Cherokee County, hereinafter referred to in this Act as the board, is created as the governing authority of Cherokee County. The members of the board shall be elected and organized as provided in this Act, and the board shall exercise the powers, duties, and responsibilities vested in and imposed upon the board by this Act. Section 2. (a) The board shall consist of three members. For the purpose of electing the members, Cherokee County is divided into three commissioner districts as follows: Commissioner District No. 1 All the territory within the boundaries of Cherokee County Page 3636 Commissioner District No. 2 Cherokee Tract 901 Block Group 1 Blocks 201 through 240 and 242 through 258 Tract 902 Block 122 Block 201 Tract 905 Blocks 101 through 147 That part of Block 148 north of the Etowah River Blocks 149 through 151 Block Groups 2 and 3 Tract 908 Block Group 1 Blocks 201 through 210 and 215 through 230 Blocks 301 through 314 Tract 909 Tract 910 Blocks 101 through 104, 111 through 122, 126, and 127 Commissioner District No. 3 Cherokee Tract 901 Block 241 Tract 902 Blocks 101 through 121, 139, 140, 143, and 144 Blocks 202 through 233 Block Group 3 Tracts 903 and 904 Tract 905 That part of Block 148 south of the Etowah River Tracts 906 and 907 Tract 908 Blocks 211 through 214 Blocks 315 through 318 Page 3637 Tract 910 Blocks 105 through 110 and 123 through 125 Tract 911 (b) The terms Tract and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (c) Any part of Cherokee County which is not included in any commissioner district described in subsection (a) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia and Cherokee County. Section 3. (a) One member of the board shall be elected from each of the commissioner districts provided for by Section 2 of this Act. The chairman of the board shall be the member elected from Commissioner District No. 1. Each candidate for election as a member of the board shall specify the commissioner district for which the candidate is offering. Each member of the board shall have been a resident of the member's respective commissioner district for at least one year prior to the date of taking office as a member of the board and must remain a resident of the respective district during the term to which elected. All members of the board shall be citizens of Cherokee County who are at least 21 years of age on the date of taking office as members of the board. (b) The board members shall be elected by a majority vote of the registered voters of Cherokee County. Section 4. (a) The chairman of the board from Commissioner District No. 1 shall be elected at the general election of 1986 and shall take office on the first day of January, 1987, for a term of four years and until a successor is elected and qualified. The first members of the board from Commissioner Districts No. 2 and 3 shall be elected at the general election of 1986 and shall take office on the first day of January, 1987, for terms of two years and until their successors are elected Page 3638 and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (b) All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 5 . The chairman of the board shall preside at meetings of the board and shall have such other and additional powers, duties, and responsibilities as provided by law or as the board by ordinance or resolution may delegate to the chairman. Section 6 . (a) In the event a vacancy occurs in the membership of the board by death, resignation, removal from the commissioner district from which elected, or for any other cause and the unexpired term of office is six months or less, the remaining members of the board shall appoint by majority vote a qualified resident of the commissioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office. If the members of the board fail to make the appointment within 15 days of the date the vacancy occurred, then the grand jury of the county shall appoint a qualified resident of the commissioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office. (b) If a vacancy occurs when the unexpired term is more than six months, it shall be the duty of the election superintendent of Cherokee County, within ten days after the date of the vacancy, to issue the call for a special election to elect a qualified person to fill such vacancy for the unexpired term. Such special election shall be held within the commissioner district wherein the vacancy occurred. Any person elected to fill such vacancy shall have the qualifications for membership on the board. Any such special election to fill a vacancy shall be called and held in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 7 . Before entering upon the discharge of duties, each member of the board shall subscribe to an oath before the judge of the Probate Court of Cherokee County for the true Page 3639 and faithful performance of his or her duties and that he or she is not the holder of any unaccounted for public funds. Section 8 . Each member of the board shall give a satisfactory surety bond approved by the judge of the probate court and payable to said officer and filed in the office of the judge of the probate court in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the member's office. The costs of such bonds shall be paid from the funds of Cherokee County. Section 9 . (a) Each member of the board, other than the chairman, shall receive an annual salary of $8,400.00, payable in monthly installments. The chairman of the board shall receive an annual salary of $40,000.00, payable in equal monthly installments. Such compensation shall be paid from the funds of Cherokee County. (b) In accordance with an ordinance or resolution duly adopted by the board governing expenses of the members of the board and reimbursement of such expenses, each member of the board may be reimbursed from county funds for all actual and necessary expenses incurred in the performance of official duties of office. Section 10 . At the first regular meeting in January of each year, the board shall provide by resolution for regular bimonthly meetings of the board. In addition to its regular meetings, the board may meet at any time on the call of the chairman or on the call of any two members of the board. Two members of the board shall constitute a quorum for the transaction of business but official action may be taken only by the affirmative vote of at least two members of the board. Section 11 . The board shall have the power to fix and establish, by appropriate resolution or ordinance duly adopted by the board, policies, rules, and regulations governing all matters within its jurisdiction as the governing authority of the county. The board may exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the board: Page 3640 (1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and enter into contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To allow the insolvent lists for the county; (10) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (11) To create and change the boundaries of special taxing districts as authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call bond elections; and (16) To exercise all of the power and authority heretofore vested by law in the judge of the probate court when Page 3641 sitting for county purposes and delegated by law to the board of commissioners of Cherokee County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 12. The board is authorized to require all department heads to report on the general or specific conduct of the financial affairs of their respective offices. This section shall not apply to the departments of the elected county officers listed in Article IX, Section I, Paragraph III of the Constitution. Section 13. (a) The board shall have the exclusive power and authority to appoint, remove, and fix the compensation of all employees of the county except the employees of the board of education of Cherokee County and the employees of the elected county officers listed in Article IX, Section I, Paragraph III of the Constitution. In addition, the board shall have the specific authority to hire a chief office administrator and to fix the salary of the chief office administrator. (b) The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the board. Section 14. (a) The internal organization of the county government, including its various departments and administrative agencies, shall be as prescribed by ordinance or resolution of the board. (b) The ordinances and resolutions of Cherokee County and the organization of the Cherokee County government in effect on December 31, 1986, shall continue in full force and effect until such time as the board created by this Act exercises its authority to repeal or modify such ordinances or resolutions or to change the internal organization of the county government. Section 15. The board shall comply with the budgeting and auditing procedures and requirements set forth in Chapter 81 of Title 36 of the O.C.G.A., relative to budgets and audits of local governments. Page 3642 Section 16. The expenditure of county funds shall be made in accordance with the county budget or amendments thereto adopted by the board. The board shall enforce compliance with this requirement by all departments of county government, including the departments of the elected county officers, and to this end, the board, by ordinance or resolution, shall institute a system to control county purchasing and to account for the expenditure of all funds budgeted and appropriated by the board. Section 17. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that election on May 6, 1986, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides a board of commissioners for Cherokee County, consisting of a chairman and two members representing commissioner districts, elected by the voters of the entire county be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, the provisions of the Act necessary for the election in 1986 of the members of the board of commissioners shall be effective upon the certification of the results of the referendum, and this Act shall become effective for all purposes on January 1, 1987. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. Page 3643 The expense of such election shall be borne by Cherokee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 18. If this Act is approved at the referendum provided for by Section 17, effective on January 1, 1987, an Act creating the office of Commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), and all amendatory Acts thereof shall stand repealed in their entirety. Section 19. All laws and parts of laws in conflict with this Act are repealed. 971 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia a bill to create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for all related matters; to provide for a referendum; to repeal specific Acts; and for other purposes. This 8th day of Feb., 1985. /s/ Wendell T. Anderson Honorable Wendell T. Anderson Representative, 8th District 2:13 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: February 13, 1985. /s/ Wendell T. Anderson, Sr. Representative, 8th District Page 3644 Sworn to and subscribed before me, this 25th day of February, 1985. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 4, 1986. CITY OF PELHAMMAYOR AND COUNCIL; ELECTIONS; TERMS; DISTRICTS; COMPOSITION OF COUNCIL. No. 797 (House Bill No. 2013). AN ACT To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), so as to provide for the election and terms of the mayor and council members; to provide for districts and election from districts; to provide for residency requirements; to provide for the number of council members; to provide for an election day; to provide that primaries shall not be held; to provide for election by plurality voting; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), is amended by striking in its entirety Section 2.10 and inserting in its place a new Section 2.10 to read as follows: Section 2.10. Creation; composition; number; election. The legislative authority of the government of the City of Pelham, except as otherwise specifically provided Page 3645 in this charter, shall be vested in a city council to be composed of a mayor and seven councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2. Said Act is further amended by striking in its entirety Section 5.10 and inserting in its place a new Section 5.10 to read as follows: Section 5.10. Mayor and council election. (a) For the purpose of electing the members of the city council, the City of Pelham is divided into two districts to be known as District 1 and District 2. The dividing line between the districts shall be as follows: COMMENCING at the intersection of the west city limit boundary with Hand Avenue, run thence along Hand Avenue in an easterly direction to Mize Street, run thence in a northerly direction along Mize Street to A Street, run thence in an easterly direction along A Street to School Street, run thence in an easterly direction along School Street to Hurst Street, run thence in a southerly direction along Hurst Street to Church Street; run thence in a northerly direction along Church Street to Rome Street, run thence in a southerly direction along Rome Street to West Railroad Street, run thence in a southerly direction along West Railroad Street to Upson Street, run thence in an easterly direction along Upson Street to Glausier Street, run thence in a northerly direction along Glausier Street until said street intersects with northern city limits boundary. (b) All property lying to the north or west of the dividing line within the corporate boundaries shall be part of District 1. All property lying to the south or east of the dividing line within the corporate boundaries shall be part of District 2. Properties annexed into the corporate limits shall accordingly be classified as a portion of the respective district into which such properties fall based upon the line of demarcation. (c) Until the city election in 1987, the city council shall be composed of six members. Commencing with the election Page 3646 in 1987 and thereafter, the council shall be composed of seven members. Three council members shall be elected from District 1 and four council members shall be elected from District 2. Members of the council shall be elected for a term of two years and until their successors are elected and qualified. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district. (d) No person may qualify as a candidate for election to the council unless such person resides in the district from which he offers for election. A council member elected from a district must continue to reside in the district during the term of office. (e) City elections shall be held annually on the second Tuesday in January. (f) (1) At the election held in 1987 and biennially thereafter, there shall be elected two council members from District 1 and two council members from District 2. Such members shall hold office for terms of two years and until their successors are elected and qualified. (2) At the election held in 1988 and biennially thereafter, there shall be elected one council member from District 1 and two council members from District 2. Such members shall hold office for terms of two years and until their successors are elected and qualified. (3) Members of the council holding office on the effective date of this Act shall serve for the remainder of their terms and until their successors are elected and qualified. (g) At the election in 1988 and biennially thereafter, there shall be elected a mayor from the city at large. The mayor shall serve for a term of two years and until a successor is elected and qualified. The mayor shall be a resident of the city. The mayor holding office on the effective date of this Act shall serve for the remainder of the term and until a successor is elected and qualified. (h) (1) Pursuant to Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall Page 3647 be nonpartisan and there shall be no municipal primary elections. (2) Pursuant to Code Section 21-3-407 of the O.C.G.A., elections for mayor and council members shall be by plurality vote. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given by The City of Pelham and The Pelham City Public School that at the direction of said bodies there will be introduced at the Regular 1986 Session of the General Assembly of Georgia a bill to provide for a new ward voting plan for the election of the Mayor and City Council and the members of the Board of Education; to provide for matters relatives to the foregoing: to repeal conflicting laws; and for other purposes. This the 14th day of February, 1986. /s/ A. Richard Royal A. Richard Royal, Representative House District No. 144 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pelham Journal which is the official organ of Mitchell County, on the following date: February 20, 1986. /s/ A. Richard Royal Representative, 144th District Page 3648 Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 5, 1986. CITY OF PELHAMBOARD OF EDUCATION; ELECTIONS; TERMS; DISTRICTS; COMPOSITION; REFERENDUM. No. 798 (House Bill No. 2014). AN ACT To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), so as to provide for the election and terms of office of the board of education of the public school system of the city; to provide for districts and election from districts; to provide for residency requirements; to provide for the number of members; to provide that the mayor shall not be a member; to provide for an election day; to change the terms of the present board members; to provide that primaries shall not be held; to provide for election by plurality voting; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), is amended by inserting between Articles VI and VII a new article, to be designated Article VI-A, to read as follows: Page 3649 Article VI-A Specific Boards and Commissions Section 6A.10. City of Pelham public school system. (a) The City of Pelham public school system existing on the date immediately preceding the effective date of this Act is continued in existence. Said system shall continue to be controlled by a board of education. For the purpose of electing the members of the board of education, the City of Pelham school district is divided into two districts to be known as District 1 and District 2. The dividing line between the districts shall be as follows: COMMENCING at the intersection of the west city limit boundary with Hand Avenue, run thence along Hand Avenue in an easterly direction to Mize Street, run thence in a northerly direction along Mize Street to A Street, run thence in an easterly direction along A Street to School Street, run thence in an easterly direction along School Street to Hurst Street, run thence in a southerly direction along Hurst Street to Church Street; run thence in a northerly direction along Church Street to Rome Street, run thence in a southerly direction along Rome Street to West Railroad Street, run thence in a southerly direction along West Railroad Street to Upson Street, run thence in an easterly direction along Upson Street to Glausier Street, run thence in a northerly direction along Glausier Street until said street intersects with northern city limits boundary. (b) All property lying to the north or west of the dividing line within the corporate boundaries shall be part of District 1. All property lying to the south or east of the dividing line within the corporate boundaries shall be part of District 2. Properties annexed into the corporate limits shall accordingly be classified as a portion of the respective district into which such properties fall based upon the line of demarcation. (c) Until the city election in 1987, the board shall be composed of six members and the mayor of the city. Commencing with the election in 1987 and thereafter, the board shall be composed of seven members and the mayor shall no longer be a member of the board. Three board members shall be elected from District 1, and four board members Page 3650 shall be elected from District 2. Members of the board shall be elected for a term of two years and until their successors are elected and qualified. Only those persons residing within a district shall be qualified to vote for members of the board of education from such district. (d) No person may offer for election to the board unless such person resides in the district from which he offers for election. A board member elected from a district must continue to reside in the district during the term of office. The qualifications for candidates for the board of education shall otherwise be the same as for the city council. (e) Elections for members of the board of education shall be held annually on the second Tuesday in January at the city elections. (f) (1) At the election held in 1987 and biennially thereafter, there shall be elected two board members from District 1 and two board members from District 2. Such members shall hold office for terms of two years and until their successors are elected and qualified. (2) At the election held in 1988 and biennially thereafter, there shall be elected one board member from District 1 and two board members from District 2. Such members shall hold office for terms of two years and until their successors are elected and qualified. (3) Members of the board holding office on the effective date of this Act shall serve for the period of time specified in this paragraph. The terms of office being served on the effective date of this Act by Rhonda McBee, Hope Sapp, and William Twitty shall expire upon the election and qualification of board members elected at the election held in 1987. The terms of office being served on the effective date of this Act by Kenneth West, Phillip Strickland, and Marlene Bishop shall expire upon the election and qualification of board members elected at the election held in 1988. (g) Members of the board shall assume the duties of office at the first regular meeting of the board in February following their election. Page 3651 (h) (1) Pursuant to Code Section 21-3-95 of the O.C.G.A., elections shall be nonpartisan, and there shall be no primary elections. (2) Pursuant to Code Section 21-3-407 of the O.C.G.A., elections shall be by plurality vote. (i) All other rules, regulations, and ordinances affecting the board not inconsistent with this section are continued in effect until otherwise modified or repealed. Section 2. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, but in no event later than November 4, 1986, and under the general laws of this state, the election superintendent of the City of Pelham shall call and conduct an election for the purpose of submitting this Act to the electors of the city for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Mitchell County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election and terms of the board of education of the public school system for the City of Pelham? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section on or before November 4, 1986, the Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section or on November 5, 1986, whichever date is earlier. The expense of such election shall be borne by the City of Pelham. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Page 3652 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given by The City of Pelham and The Pelham City Public School that at the direction of said bodies there will be introduced at the Regular 1986 Session of the General Assembly of Georgia a bill to provide for a new ward voting plan for the election of the Mayor and City Council and the members of the Board of Education; to provide for matters relatives to the foregoing: to repeal conflicting laws; and for other purposes. This the 14th day of February, 1986. /s/ A. Richard Royal A. Richard Royal, Representative House District No. 144 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pelham Journal which is the official organ of Mitchell County, on the following date: February 20, 1986. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 5, 1986. Page 3653 LINCOLN COUNTY BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; TERMS; DISTRICTS; COUNTY ATTORNEY; MEETINGS. No. 799 (House Bill No. 1731). AN ACT To amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, so as to change the composition of the board; to change the manner of electing the members of the board; to provide for terms; to provide for districts; to provide that the compensation of the county attorney shall be set by the board; to provide for meetings of the board; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, is amended by striking Section 1, relating to creation of the board of commissioners, in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. There is created a Board of Commissioners of Lincoln County. Said board shall consist of a chairman and four additional members elected as provided in this Act. Section 2. Said Act is further amended by striking Section 2, relating to districts, in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) For the purpose of electing the board of commissioners, Lincoln County shall be divided into five commissioner districts as follows: Page 3654 Commissioner District 1 Lincoln Tract 9901 Blocks 101 through 140, 142, and 145 Blocks 202 through 204 and 207 through 210 That part of Block 224 inside the City of Lincolnton Blocks 225, 226, and 233 through 236 Commissioner District 2 Lincoln Tract 9901 Blocks 141 and 144 Blocks 201, 205, 206, and 211 through 223 That part of Block 224 outside the City of Lincolnton Blocks 227 through 229, 232, and 237 through 264 Block 304 Commissioner District 3 Lincoln Tract 9901 Blocks 230 and 231 Blocks 301 through 303 and 305 through 351 Block 408 Commissioner District 4 Lincoln Tract 9901 Blocks 401 through 407 and 409 through 431 Commissioner District 5 Lincoln County in its entirety. (b) For the purposes of subsection (a) of this section: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the Page 3655 same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia; (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia; and (3) Any part of Lincoln County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 3. Said Act is further amended by striking Section 4, relating to compensation of the members of the board, in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The remaining members of said board shall be paid $100.00 per month. There shall be no limitation as to the number of meetings which are held each month. In addition to such compensation, each of the remaining members of the board shall receive an expense allowance of $50.00 per month. Section 4. Said Act is further amended by striking Section 6, relating to the county attorney, in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The board shall be authorized to hire an attorney, whose compensation shall be fixed by a majority vote of said board. Section 5. Said Act is further amended by striking Section 9, relating to election of members of the board, in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. (a) One commissioner shall be elected from each of the five commissioner districts. A candidate for commissioner shall have been a resident of the district from Page 3656 which he or she offers for election for at least one year prior to taking office and must remain a resident of such district during a term of office, provided that anyone offering for election as chairman may reside anywhere in the county. (b) Each commissioner shall be elected by a majority vote of the voters of the district from which such commissioner offers for election, except that the chairman shall be elected by a majority of the voters voting county wide within Lincoln County. Section 6. Said Act is further amended by striking Section 14, relating to meetings of the board, in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Be it further enacted by the authority aforesaid that said commissioners shall hold at least one session on the first Tuesday in each month at the site of the county courthouse. At and on the first Tuesday after the members of the board take office, or as soon thereafter as practical, the board of commissioners shall organize by electing one of the members as vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during a vacancy in the office of chairman, perform and discharge all the duties of chairman; and in the event of a vacancy in the office of chairman or vice-chairman, the same shall be filled by the board at its regular meeting. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced and that all officers, employees, and agents of said board faithfully discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall have the power to convene the board in extra session upon his own motion or upon the written request of the other members of the board and shall do so whenever three other members make such request. Section 7. Said Act is further amended by striking Section 20, relating to a quorum, in its entirety and inserting in lieu thereof a new Section 20 to read as follows: Section 20. Be it further enacted that the chairman and two other members of said board shall constitute a quorum Page 3657 for the transaction of any business of the board; and all votes of the board making appropriations authorizing the expenditure of county funds or fixing salaries of officers, agents, or employees shall be ayes and nays duly recorded in the minutes; and on any question or matter before the board any member may demand an aye and nay vote, and on such demand the vote shall be taken and recorded in the minutes. Section 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 Session of the General Assembly of Georgia an act to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, so as to change the composition of the board; to change the manner of electing the members of the board; to provide for terms, to provide for districts; to provide that the compensation of the county attorney shall be set by the board; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 1st day of February, 1986. S/S Ben B. Ross REPRESENTATIVE 82nd District 2 6 1tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following date: February 6, 1986. /s/ Ben Barron Ross Representative, 82nd District Page 3658 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 10, 1986. FORSYTH COUNTY WATER AND SEWERAGE AUTHORITY ABOLITION; TRANSFER OF RIGHTS, OBLIGATIONS, AND EMPLOYEES TO FORSYTH COUNTY. No. 800 (House Bill No. 1872). AN ACT To repeal the Forsyth County Water and Sewerage Authority Act, approved April 17, 1975 (Ga. L. 1975, p. 3767); to abolish the Forsyth County Water and Sewerage Authority; to provide that Forsyth County, acting by and through the governing authority of Forsyth County, shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority; to provide for employees of the authority to become employees of the governing authority of Forsyth County and members of the Forsyth County Civil Service System; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Forsyth County Water and Sewerage Authority Act, approved April 17, 1975 (Ga. L. 1975, p. 3767), is repealed in its entirety. Page 3659 Section 2. The Forsyth County Water and Sewerage Authority is abolished. Forsyth County, acting by and through the governing authority of Forsyth County, shall be the successor in interest to said authority. The governing authority shall succeed to all rights and obligations, of whatever nature, of said authority. Title to all real and personal property of said authority shall, as of the effective date of this Act, be vested in the governing authority of Forsyth County. The governing authority of Forsyth County shall, as of the effective date of this Act, assume all monetary and other liabilities of said authority. Section 3. For purposes of any public records concerning title to and interests in any real or personal property, this Act shall constitute a transfer of all real and personal property of the Forsyth County Water and Sewerage Authority to the governing authority of Forsyth County and an assumption by said governing authority of all liabilities of said authority; and a certified copy of this Act may be recorded in any such records in the same manner as other documents and instruments eligible to be recorded in such records. Section 4. All persons employed by the Forsyth County Water and Sewerage Authority immediately prior to the effective date of this Act shall as of the effective date of this Act become employees of the governing authority of Forsyth County and members of the Forsyth County Civil Service System. For purposes of computing length of service and for all other purposes under said civil service system, such employees shall be considered to have been employed by Forsyth County for all periods of time during which they were employed by said authority. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to repeal the Forsyth County Water and Sewerage Authority Act, approved April 17, 1975 (Ga. L. 1975, p. 3767); to abolish the Forsyth County Water and Sewerage Authority; to provide that Page 3660 Forsyth County shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority; to provide for all related matters; and for other purposes. This 7th day of February, 1986. S-Bill Barnett L-7682 2/12 Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following date: February 12, 1986. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 10, 1986. Page 3661 LINCOLN COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; VACANCIES; REFERENDUM. No. 801 (House Bill No. 1730). AN ACT To provide for election of members of the Board of Education of Lincoln County; to provide for education districts; to provide for terms; to provide for the manner of election; to provide for filling vacancies; to provide for a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The Board of Education of Lincoln County shall be composed of five members to be elected as provided in this Act. For the purpose of electing members of the board, Lincoln County shall be divided into five education districts as follows: Education District 1 Lincoln Tract 9901 Blocks 101 through 140, 142, and 145 Blocks 202 through 204 and 207 through 210 That part of Block 224 inside the City of Lincolnton Blocks 225, 226, and 233 through 236 Education District 2 Lincoln Tract 9901 Blocks 141 and 144 Blocks 201, 205, 206, and 211 through 223 That part of Block 224 outside the City of Lincolnton Page 3662 Blocks 227 through 229, 232, and 237 through 264 Block 304 Education District 3 Lincoln Tract 9901 Blocks 230 and 231 Blocks 301 through 303 and 305 through 351 Block 408 Education District 4 Lincoln Tract 9901 Blocks 401 through 407 and 409 through 431 Education District 5 The entire County of Lincoln. (b) For the purposes of subsection (a) of this section: (1) The terms Tract or Census Tract, Block Group, and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia; (2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia; and (3) Any part of Lincoln County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 2. One member shall be elected from each of the five education districts by majority vote of the voters of that Page 3663 district. The chairman shall be the member elected from the county-wide at-large district. A person may not offer as a candidate for election from any education district other than the education district in which he or she is a legal resident, except that the person offering for the county-wide at-large district may reside anywhere in the county and shall be elected by all voters in the county. Section 3. The terms of the members in office on the effective date of this section shall continue to serve until the expiration of their terms on December 31, 1988. The first members to be elected under this Act shall be elected at the general election held in 1988, shall take office on January 1, 1989, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, members shall be elected at the general election next preceding expiration of a term of office and shall take office on the first day of January following their election to serve for terms of four years and until their successors are elected and qualified. Section 4. The Board of Education of Lincoln County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the old Board of Education of Lincoln County and shall be subject to all constitutional and statutory provisions relating to county boards of education not in conflict with this Act. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lincoln County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lincoln County School District for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1986, general primary and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lincoln County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of a new Board of Education of Lincoln County composed Page 3664 of four members elected from single-member districts and a chairman elected from the county atlarge? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Lincoln County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 Session of the General Assembly of Georgia an act to provide for election of members of the Board of Education of Lincoln County; to provide for education districts; to provide for terms; to provide for the manner of election; to provide for filling vacancies; to provide for a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 1st day of February, 1986. S/S Ben B. Ross REPRESENTATIVE 82nd District 2 6 1tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention Page 3665 to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following date: February 6, 1986. /s/ Ben Barron Ross Representative, 82nd District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 10, 1986. CITY OF ROSWELL MAYOR AND COUNCILMEN; ELECTIONS; VACANCIES; ELECTION DATES; RECORDER. No. 803 (House Bill No. 1654). AN ACT To amend an Act establishing a new charter for the City of Roswell, Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3289), as amended, so as to change the provisions relating to the election of mayor and councilmen; to change the provisions relating to vacancies in the office of mayor or councilman; to change the date of regular elections; to change certain provisions relating to the recorder; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the City of Roswell, Georgia, approved April 10, 1971 (Ga. L. 1971, p. Page 3666 3289), as amended, is amended by striking Section 2.03 in its entirety and inserting in lieu thereof a new Section 2.03 to read as follows: Section 2.03 Election of mayor and councilmen. Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. All councilmember positions shall be designated by Post Numbers 1 through 6. All candidates for election to councilmember positions shall designate at the time of qualifying the positions to which they are seeking election. All positions are city at large positions. Councilmember position now held by Harold Smith is designated as Post 1, councilmember position now held by Albert Temples is designated as Post 2, councilmember position now held by Frank Wilbanks is designated as Post 3, councilmember position now held by Frank Brown is designated as Post 4, councilmember position now held by Jane Pruett is designated as Post 5, and councilmember position now held by Don White is designated as Post 6. Candidates for councilmember positions numbers 1, 2, and 3 shall be elected in the 1986 election. The mayor and candidates for councilmember positions numbers 4, 5, and 6 shall be elected in the 1988 election. The candidates for mayor and councilmen who receive a majority of the votes cast in said election shall be elected to a term of office of four years and until their successors are duly elected and qualified. In the event no candidate receives a majority of the votes cast in said election, a runoff election shall be held between the two candidates receiving the highest number of votes. Such a runoff shall be held on the fourteenth day after the day of holding the election, unless such run-off date is postponed by court order. Section 2. Said Act is further amended by striking Section 2.08 in its entirety and inserting in lieu thereof a new Section 2.08 to read as follows: Section 2.08 Vacancy in office of mayor or councilman. A vacancy shall exist if the mayor or a councilman resigns; dies; moves his residence from the city; forfeits his office by being absent from three consecutive regular meetings of the governing authority, except if granted a leave of absence Page 3667 (excused) by the city council and such leave of absence (excused) is entered on the minutes; is adjudged legally incompetent; or is convicted of malfeasance in office or of a felony. In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twelve (12) months of the expiration of the term, but not within ninety (90) days prior to the regular city election, the vacancy shall be filled by the remaining members of the council electing a qualified person to serve out the unexpired term of office; provided, however, that at no time shall there be more than one councilman so appointed holding office; and, if a vacancy occurs on the city council with one member so appointed on the city council, a special election shall be held within a period of sixty (60) days after the office becomes vacant pursuant to a call of a special election as provided by this charter; if said election is called, the previously filled vacancy and the existing vacancy shall be filled for the remainder of the unexpired terms; provided, further, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, the vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. If the vacancy occurs within ninety (90) days prior to the regular city election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of councilmen. If the vacancy occurs at any other time not provided for in this section, the vacancy shall be filled by a special election called for that purpose by the city council within a period of sixty (60) days after the office becomes vacant. It shall be the duty of the city council to publish notice of the special election in the official organ of the city once a week for the two-week period immediately preceding said special election. Page 3668 In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code, Chapter 3 of Title 21 of the O.C.G.A., as it now exists or may hereafter be amended, so long as the vacancy occurs at least three (3) months prior to the regular expiration date of the terms. If the vacancy occurs within three (3) months of the expiration date, the mayor pro-tem shall serve until the expiration date and shall be authorized, during said period, to exercise all of the powers of the mayor provided by this charter and the laws of this state. Section 3. Said Act is further amended by striking Section 5.01 in its entirety and inserting in lieu thereof a new Section 5.01 to read as follows: Section 5.01 Regular elections. Time for holding and taking office. The regular election for mayor, councilmen, or recorder as provided herein shall be held on the first Monday in October on every even-numbered year. Officials elected at any regular election shall take office on the first Monday in January next following such election. Section 4. Said Act is further amended by striking Section 6.02 in its entirety and inserting in lieu thereof a new Section 6.02 to read as follows: Section 6.02 Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he has attained the age of 21 years, is a qualified attorney (member of the State Bar of Georgia), is qualified to vote in the City of Roswell and Fulton County, and has resided in the City of Roswell at least one year next preceding his election. The person presently elected to office shall continue to serve until his successor is duly elected and qualified as provided by law. In the event no one qualifies for city recorder, the mayor and city council may appoint a recorder to serve until the next election. The person appointed to serve as recorder must possess the same qualifications as those required to qualify to run for the office of recorder. The candidate for recorder who receives a majority of the votes cast in said election shall be elected to a term of office of four years and until his successor is duly elected Page 3669 and qualified. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such a runoff shall be held on the fourteenth day after the day of holding the election unless such runoff date is postponed by court order. The compensation of the recorder shall be fixed by the city council. (b) A vacancy shall exist in the office of the recorder if the recorder resigns, dies, moves his residence from the city, neglects to convene court as provided in Section 6.01 of this charter, is adjudged legally incompetent, or is convicted of malfeasance in office or of a felony. In the event a vacancy occurs in the office of the recorder from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twelve (12) months of the expiration of the term, a recorder pro-tem shall be appointed by the city council to serve out the unexpired term of office. If the vacancy occurs at any other time, the vacancy shall be filled by a special election called for that purpose by the city council within a period of sixty (60) days after the office becomes vacant. At said election, a recorder shall be elected to serve the remainder of the unexpired term as provided in subsection (a) of this section and until his successor is duly elected and qualified. It shall be the duty of the city council to publish notice of the special election in the official organ of the city once a week for the two-week period immediately preceding said special election. In the event a recorder pro-tem is appointed by the city council, the recorder pro-tem shall meet the same qualifications as the recorder. (c) Before entering on duties of his office, the recorder or recorder pro-tem shall take an oath before an officer duly authorized to administer oaths in this state that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the city council. Page 3670 Section 5. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA FULTON COUNTY AFFIDAVIT OF PUBLICATION Personally appeared before the undersigned, an officer, duly authorized to administer oaths, KATHLEEN GRAY, who having been duly sworn, states: 1. That I am Kathleen Gray, advertising representative of the Roswell Neighbor, the official legal organ for the City of Roswell, Georgia. 2. That from my own personal knowledge and from reference to the files of said publication, the advertisement attached hereto and entitled City of Roswell, Public Notice of Intention to Amend the Charter of the City of Roswell was inserted in the regular editions of the said Roswell Neighbor on January 8, 1986, January 15, 1986 and January 22, 1986. This 31st day of January, 1986. /s/ Kathleen Gray Sworn to and subscribed before me this 31st day of January, 1986. /s/ Susan Blair Notary Public, Fulton County, Georgia. My Commission Expires Sept. 2, 1989. (Seal). CITY OF ROSWELL PUBLIC NOTICE of INTENTION TO AMEND THE CHARTER OF THE CITY OF ROSWELL The City of Roswell, pursuant to the provisions of O.C.G.A. 36-35-3 and O.C.G.A. 28-1-14, hereby notifies the public that it intends Page 3671 to amend the charter of the City of Roswell, Georgia so as to amend the procedures for election by creating a POST system for members of the City Council, to provide for election by majority vote and to change the date on which regular elections are to be held. Notice is hereby given that an ordinance to effect such matters shall be considered by the Mayor and Council at its regular meetings of January 20, 1986 and February 3, 1986. Notice is further given that thereafter legislation to accomplish such purposes shall be introduced in the General Assembly of the State of Georgia. A copy of the proposed amendment is on file in the office of Elwyn Gaissert, City Administrator and in the office of the clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public. W. L. MABRY, Mayor ELWYN GAISSERT City Administrator STATE OF GEORGIA,-County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13th, 20th 27th days of January, 1986. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 30th day of January, 1986. /s/ Alicia B. Head Notary Public, Fulton County, Georgia. My Commission Expires Jan. 7, 1990. (Seal). Page 3672 PUBLIC NOTICE OF INTENTION TO AMEND THE CHARTER OF THE CITY OF ROSWELL The City of Roswell, pursuant to the provisions of O.C.G.A. 36-35-3 and O.C.G.A. 28-1-14, hereby notifies the public that it intends to amend the charter of the City of Roswell, Georgia so as the amend the procedures for election by creating a post system for members of the City Council, to provide for election by majority vote and to change the date on which regular elections are to be held. Notice is hereby given that an ordinance to effect such matters shall be considered by the Mayor and Council at its regular meetings of January 20, 1986 and February 3, 1986. Notice is further given that there will be introduced in the 1986 session of the General Assembly of Georgia a bill to amend the act creating a new Charter for the City of Roswell, Georgia as approved April 10, 1971 (Ga. law 1971, page 3289) and acts amendatory thereof by providing for procedures for election by creating a post system for Councilmen, to provide for election by majority vote, to change the date on which regular elections are to be held and for other purposes. A copy of the proposed amendment is on file in the office of Elwyn Gaissert, City Administrator and in the office of the clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public. This 13th day of January, 1986. /s/ W. L. Mabry Mayor Jan 13 20 27 1986-2 Approved March 12, 1986. Page 3673 CITY OF ALPHARETTA CORPORATE LIMITS. No. 804 (House Bill No. 1356). AN ACT To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by adding at the end of Section 1.11 a new subsection (d) to read as follows: (d) In addition to the area now embraced within the corporate limits of the City of Alpharetta, the following described tract of land shall be included within said corporate limits: `All that tract or parcel of land lying and being in Land Lots 906, 967, and 968 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described as follows: Beginning at an iron pin found located at the common corner of Land Lots 907, 906, 967, and 966; running thence North 89 48[prime] East a distance of 490.0 feet to an iron pin set; running thence North 0 33[prime] West a distance of 1307.5 feet to an iron pin set; running North 89 46[prime] East a distance of 843.0 feet to an iron pin found; running thence South 0 45[prime] West a distance of 724.0[prime] to an iron pin found; running thence South 87 37[prime] West Page 3674 a distance of 210.8 feet to an iron pin found; running thence South 2 04[prime] East a distance of 576.3 feet to an iron pin found; running thence North 89 08[prime] East a distance of 1106.7 feet to an iron pin set; running thence in a southwesterly direction along the westerly right-of-way of Cogburn Road (said road having a 60 foot right-of-way) the following distances: running South 11 27[prime] West a distance of 84.84 feet to a point, running South 16 10[prime] West a distance of 98.48 feet to a point, running South 20 12[prime] West a distance of 98.66 feet to a point, running South 23 49[prime] West a distance of 98.30 feet to a point, and running South 26 08[prime] 30[Prime] West a distance of 301.46 feet to an iron pin found; running thence South 89 58[prime] West a distance of 653.9 feet to an iron pin found; running thence North 89 48[prime] West a distance of 1317.2 feet to an iron bar found; running thence North 0 17[prime] West a distance of 620.1 feet to an iron pin found which is the point of beginning. Said property being shown on a compiled plat for The City of Alpharetta, prepared by Rodney H. Reese, Georgia Registered Land Surveyor No. 2072, dated December 12, 1985. Total area equalling 52.85 acres.' Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to amend an Act consolidating, creating, revising, and superceding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said City, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to change the corporate limits of said City, and for other purposes. /s/ Jimmy Phillips Mayor, City of Alpharetta Page 3675 STATE OF GEORGIA COUNTY OF FULTON PUBLISHER'S AFFIDAVIT Before me, the undersigned, a notary public, this day personally came Walter G. Nale, who, being first duly sworn, according to law, says that he is the Vice President of the Daily Report Company, publishers of the Fulton County Daily Report, the newspaper in which sheriffs' advertisements appear for Fulton County, Georgia, and that the attached copy of Notice Of Intention To Introduce Local Legislation was published in said newspaper on the 10th day of January, 1986, as provided by law. /s/ Walter G. Nale Subscribed and sworn to before me, this 10 day of January, 1986. /s/ Dorothy G. Higgins Notary Public, Georgia, State at Large. My Commission Expires Nov. 21, 1986. (Notarial Seal). Approved March 12, 1986. CITY OF JACKSON MAYOR AND COUNCIL MEMBERS; DISTRICTS; SPECIAL ELECTION; TERMS; QUALIFICATIONS; VACANCIES. No. 805 (House Bill No. 1755). AN ACT To amend an Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, so as to provide that the territory of the city shall be divided into five districts; to provide that the municipal government Page 3676 and control of the city shall be vested in a mayor and five council members; to provide for a special election and terms of office for certain council members; to provide for the regular election of council members; to provide for terms of office; to provide for qualifications; to provide for vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. The territory of said city as indicated in Section 1 of this Act shall be divided into five districts, to be as nearly equal in population as practicable. Section 2 . Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. The municipal government and control of said city shall be vested in a mayor and five council members. Section 3 . Said Act is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows: Section 6. (a) There shall be a special election to fill the positions of council member from district one and council member from district two which shall be held on the first Tuesday following the sixtieth day subsequent to the decision by the Attorney General of the United States as to preclearance unless such day is a state holiday. The council member elected in district one shall serve from the date of election until December 31, 1987. The council member elected in district two shall serve until December 31, 1986. (b) Beginning in November of 1986 and continuing in each November thereafter, there shall be an election on the Tuesday next following the first Monday in November. In 1986, there shall be an election for mayor and council members from districts two and three. In 1987, there shall be Page 3677 an election for council members from districts one, four, and five. All officers shall serve until their successors are elected and qualified, with terms beginning on the first day of January next following the election and expiring after two years. The election of the mayor shall be by majority of the consolidated vote of the city. Council members must be bona fide residents of their respective districts, and they shall be elected by a majority of the qualified voters who are residents of their respective districts and voting in such an election for said office. If a majority is not achieved in the first election, then a run-off election shall be held between the two candidates who received the most votes in the general election on the twenty-first day following the general election. Such election shall be conducted in conformity with Chapter 3 of Title 21 of the O.C.G.A. All persons shall be qualified to vote at such election who are bona fide residents of said city and who are duly registered to vote. No one shall be allowed to vote in any city election unless they are duly registered at least 30 days prior to the date of such election, as provided by law. Section 4 . Said Act is further amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. If the office of mayor or any council member shall become vacant by death, resignation, removal, or otherwise, the mayor or a majority of the council members shall order a special election to fill the unexpired term as provided by law. If any council member ceases to be a resident of the district from which he was elected or of the city, or if the mayor ceases to be a resident of the city, the council or the remaining members thereof shall, after notice and opportunity for a hearing is given to such officer, declare such office vacant. Such special election shall be managed and returned and the result thereof shall be declared and published as heretofore provided in Section 6, provided there shall be no special election if the office shall become vacant within four months of the expiration of the regular term thereof. In the event the city council cannot obtain a quorum because a seat is vacant and no special election will be held because the term of such office will expire within four months, then the remaining members of the city council may appoint a qualified person to fill the unexpired term by majority vote. Page 3678 Section 5 . All laws and parts of laws in conflict with this Act are repealed. 86027-J NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended; and for other purposes. This 31st day of January, 1986. Larry Smith Rep., 78th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: February 5, 1986. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3679 WARE COUNTY COUNTY MANAGER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 806 (House Bill No. 1665). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 138 (House Resolution No. 563) enacted at the 1982 session of the General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2563) and which authorizes the governing authority of Ware County to create the office of county manager; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 138 (House Resolution No. 563) enacted at the 1982 session of the General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2563) and which authorizes the governing authority of Ware County to create the office of county manager shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 3680 in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment which was proposed by Resolution Act No. 138 (House Resolution No. 563) enacted at the 1982 general election (Ga. L. 1982, p. 2563) and which authorizes the governing authority of Ware County to create the office of county manager; to provide the authority for this Act; to provide for related matters; and for other purposes. This 25 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3681 GREENE COUNTY DEVELOPMENT AUTHORITY MEMBERSHIP; TERMS OF OFFICE. No. 807 (House Bill No. 1677). AN ACT To amend an Act known as the Greene County Development Authority Act, approved April 1, 1963 (Ga. L. 1963, p. 3005), as amended, so as to change the provisions relating to the membership of the authority; to change the number of members; to change the terms of office of the present membership; to provide for appointment of members and their terms of office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Greene County Development Authority Act, approved April 1, 1963 (Ga. L. 1963, p. 3005), as amended, is amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) Effective July 1, 1986, the authority shall consist of six members to be appointed in the manner set forth in this section. Two members of the authority shall be appointed by the Board of Commissioners of Greene County, one of whom shall have an initial term of office of two years and one of whom shall have an initial term of office of four years. Two members of the authority shall be appointed by the mayor and council of the City of Greensboro, one of whom shall have an initial term of office of two years and one of whom shall have an initial term of office of four years. Two members of the authority shall be appointed by the mayor and council of the City of Union Point, one of whom shall have an initial term of office of two years and one of whom shall have an initial term of office of four years. All terms of office shall begin on July 1 of even-numbered years. Following the initial terms of office provided in this section, each term of office shall be for four years and until a member's successor is appointed Page 3682 and qualified. The five members of the authority who are in office on April 1, 1986, shall continue in office as members of the authority until June 30, 1986, at which time the terms of office of such five members shall expire and the new six-member authority shall take office. (b) All members who have served on the authority shall be eligible for reappointment to succeed themselves if they are reappointed by the governing authority designated by this Act to appoint them. (c) Members of the authority shall be citizens of the United States who have attained the age of 21 years and shall have been citizens of this state for two years and residents of Greene County for one year immediately preceding their appointment as members of the authority. (d) Should any member resign, be unable to serve, or move beyond the territorial limits of Greene County, as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, a successor shall be appointed to serve the remaining term of such member by the respective appointing authority. (e) Prior to taking office, the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Greene County Development Authority, So Help Me God.' (f) The members of said authority shall be entitled to no compensation. (g) Any three members shall constitute a quorum for the transaction of ordinary business of the authority; however, any action with respect to any project of the authority must be approved by not less than three affirmative votes. No vacancy shall impair the power of the authority to act. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 3683 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act known as the Green County Development Authority Act, approved April 1, 1963 (Ga. L. 1963, P. 3005), as amended; and for other purposes. This 24th day of January, 1986 W. Seaborn Ashley, Jr. Attorney for Greene County Development Authority 31 ja 1tc Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Copelan, Jr., who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following date: January 31, 1986. /s/ Jesse Copelan, Jr. Representative, 106th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3684 GREENE COUNTY BOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; VACANCIES. No. 808 (House Bill No. 1453). AN ACT To amend an Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved February 20, 1964 (Ga. L. 1964, p. 2170) and an Act approved March 21, 1984 (Ga. L. 1984, p. 4628), so as to provide for the method of election of the chairman and members of the board of commissioners of Greene County; to provide for districts; to provide for residency requirements; to provide for vacancies and the filling thereof; to provide for voting by electors; to provide for initial and regular terms of office; to provide for practices and procedures; to provide for a statement of purpose and intent; to provide for other matters relative to the foregoing; to repeal certain provisions relating to the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted to comply with the amended consent order and decree filed on January 10, 1986, with the clerk of the United States District Court for the Middle District of Georgia, Athens Division, in the case of Ulysses Bacon et al. v. Harvey Higdon et al. , Civil Action No. 85-40-ATH. Section 2. An Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved February 20, 1964 (Ga. L. 1964, p. 2170) and an Act approved March 21, 1984 (Ga. L. 1984, p. 4628), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The chairman of the board of commissioners may reside anywhere within Greene County and shall be elected by the electors of the entire county. Page 3685 (b) For the purposes of electing the members of the board other than the chairman, Greene County is divided into four districts containing the following described territory: District No. 1: Beginning at the Easternmost corner of District No. 1, the same being the location where County Road #196 (Bethany Church Road) intersects with the Taliaferro County line and running thence from said point of intersection of County Road #196 and the Taliaferro County line in a Westerly direction along County Road #196 to the intersection of County Road #94 and County Road 196; thence turning on to County Road #94 (Thompson Road) and running in a Southwesterly direction to its intersection with Interstate #20; thence in a Westerly direction along Interstate #20 to its intersection with Beaverdam Creek; thence leaving Interstate #20 and running in a Northerly direction along the meanderings of Beaverdam Creek to the intersection of Beaverdam Creek and Georgia Highway #15; thence from the intersection of Beaverdam Creek and Georgia Highway #15 proceeding in a Northwesterly direction along Georgia Highway #15 toward and to the City of Greensboro and running to the intersection of Bush Street and Georgia Highway #15 (at Robinson Park); thence proceeding in a Westerly direction along Bush Street to its intersection with Walnut Street; thence turning on to Walnut Street and proceeding in a Southerly direction to its intersection with First Street; thence proceeding Westerly along First Street to its intersection with East Street; thence proceeding in a Southerly direction along East Street to its intersection with Third Street; thence proceeding along Third Street in a Westerly direction to its intersection with Spring Street; thence Southerly along Spring Street to its intersection with Fifth Street; thence in a Easterly direction along Fifth Street to its intersection with West Street; thence in a Southerly direction along West Street to its intersection with Seventh Street; thence in an Easterly direction along Seventh Street to its intersection with Georgia Highway #44; thence proceeding in a Southwesterly direction along Georgia Highway #44 across Interstate #20 to the intersection of County Road Page 3686 #68 (Meadowcrest Raod) and said Georgia Highway #44; thence running Easterly along said County Road #68 to its intersection with County Road #63 (the Walker's Church Road); thence running in a Northeasterly direction along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road (County Road #191); thence in a Southerly direction along the Veazey Road to the intersection of Beaverdam Creek and the Veazey Road; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek and running along Bowden Creek along the Northerly most branch thereof to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence along said Billy Merritt Road to its intersection with Stewart's Creek; thence leaving said Billy Merritt Road and running in a Southerly and Westerly direction along the meanderings of Stewart Creek to the intersection of said Stewart's Creek with the White Plains-Veazey Road (County Road #81); thence running along said White Plains-Veazey Road to the intersection of said White Plains-Veazey Road to its intersection with the Flat Rock Road (County Road #56); thence in a Southerly and Westerly direction along said County Road #56 to its intersection with the Liberty Church Road (County Road #191; thence along said Liberty Church Road in a Southerly direction to its intersection with the Flat Rock Church Road (County Road #61); thence in a Westerly direction along said County Road #61 to its intersection with County Road #60; thence in a southerly direction along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line at the Oconee River; thence running in a Northeasterly direction along the Hancock County line to its intersection with the Taliaferro County line; thence in a Northerly direction along the Taliaferro County line to its intersection with County Road 196 (the Bethany Church Road) which was the point of beginning of District 1. Page 3687 District 2: Beginning in the Northerly portion of District 2 the same being a point at which Georgia Highway #77 intersects with the Ogleghorpe County line; running thence from said Point of Beginning in a Southerly direction along Georgia Highway #77 to the City Limits of the town of Woodville; thence along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence running in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hensley Road; thence proceeding in a Westerly direction along said Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direction along said Shiloh Church Road to its intersection with the Greensboro-Penfield Road at Shiloh Church; thence proceeding Southerly along the Greensboro-Penfield Road (County Road #192) to its intersection with the Lickskillet Road (County Road #1); thence in a Southwesterly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15 the Greensboro-Athens Road; thence in a Southerly direction along said Georgia Highway #15 toward the City of Greensboro to its intersection with Buffalo Street; thence Easterly along Buffalo Street to Spring Street; thence Northerly along Spring Street to its interesection with Richland Avenue; thence Southeasterly along Richland Avenue and continuing along an extension thereof crossing the main line of the Georgia Railroad to its intersection with the Northerly most portion of Main Street; thence Easterly along said Northerly most portion of Main Street to its intersection with East Street in the City of Greensboro; thence Northerly along East Street to its intersection with the main line of the Georgia Railroad; thence in a Northeasterly direction along the main line of the Georgia Railroad to its intersection with County Road #150 known as the Swimming Pool Road; thence in a Easterly direction along the Swimming Pool Road to its intersection with U.S. Highway #278, the Greensboro-Union Point Road; thence along the Greensboro-Union Point Road in a Northeasterly direction to its intersection with a branch which merges to form the Page 3688 North fork of the Ogeechee River, said branch being located to the Southerly side of Bethel Church and running thence along said branch line in a due East direction to a point where said North fork of the Ogeechee River intersects with Georgia Highway #77 (the Union Point-Siloam Road); thence from said point running North along said Georgia Highway #77 to its intersection with County Road #111; running in a Northerly direction along said County Road #111 to its intersection with the City Limits of the City of Union Point; thence Northerly along the Southwesterly City Limits of the City of Union Point to its intersection with U.S. Highway #278; thence following the City Limits of Union Point along U.S. Highway #278 and leaving U.S. Highway #278 following the City Limits of said City and then rejoining U.S. Highway #278 at a point where the City Limits of Union Point traverses said U.S. Highway #278; thence Easterly along U.S. Highway #278 within the City of Union Point to its intersection with Georgia Highway #77; thence proceeding in a Northerly direction under the underpass of the main line of the Georgia Railroad to its intersection with Rhodes Street; thence Easterly along Rhodes Street travelling under the underpass of the Athens Branch of the Georgia Railroad to its intersection with Carlton Avenue; thence along Carlton Avenue in a Northwesterly direction to its intersection with Barnes Street; thence in a Northeasterly direction along Barnes Street to its intersection with the Old Crawfordville Road; thence in a Southeasterly direction along the Old Crawfordville Road to its intersection with the Easterly City Limits of the City of Union Point; thence in a Northerly direction along said Easterly City Limits of the City of Union Point to its intersection with Rhodes Street (Old Georgia Highway #44) (County Road #134) thence proceeding Northeasterly along said Old Georgia Highway #44 to its intersection with Georgia Highway #44; thence in a Easterly and Northeasterly direction along said Georgia Highway #44 to its intersection on the Taliaferro County line at its intersection with Little River; thence proceeding along the Taliaferro and Oglethorpe County lines to its intersection with Georgia Highway #77 (Woodville-Lexington Road) which was the point of beginning for District No. 2. Page 3689 District No. 3: Beginning at the Northeasterly most portion of District No. 3 the same being the point where the Georgia Highway #44 (Union Point-Washington Highway) intersects with Taliaferro County line at Little River; thence running in a Southwesterly direction along Georgia Highway #44 toward Union Point to its intersection with County Road #134 (the Old Georgia Highway #44); thence in a Southwesterly direction along Old Georgia Highway #44 to its intersection with the City Limits of Union Point; thence proceeding along the Easterly City Limits of Union Point in a Southerly direction to its intersection with the Old Crawfordville Road; thence proceeding in a Northwesterly direction along Old Crawfordville Road to its intersection with Barnes Street; thence in a Southwesterly direction along Barnes Street to its intersection with Carlton Avenue; thence in a Southeasterly direction along Carlton Avenue to its intersection with Rhodes Street; thence crossing under the Athens Branch of the Georgia Railroad along Rhodes Street to its intersection with Georgia Highway #77; thence Southerly along Georgia Highway #77 via the underpass under the main line of the Georgia Railroad to its intersection with U.S. Highway #278; thence proceeding in a Westerly direction along U.S. Highway #278 to its intersection with the City Limits of Union Point; thence leaving U.S. Highway #278 in a Southerly and Westerly and Northerly direction along the City Limits of Union Point to its intersection once again with U.S. Highway #278; thence in a Westerly direction along U.S. Highway #278 to its intersection with the Westerly City Limits of the City of Union Point; thence in a Southerly and Easterly direction along the City Limits of Union Point to its intersection with County Road #111; thence in a Southerly direction along County Road #111 to its intersection with Georgia Highway #77 leading from Union Point to Siloam; thence along Georgia Highway #77 in a Southerly direction to its intersection with the North fork of the Ogeechee River; thence running in a due West direction along the North fork of the Ogeechee River along a line intersecting U.S. Highway #278 just South of Bethel Church; thence running along said U.S. Highway #278 Page 3690 in a Westerly direction to its intersection with the Swimming Pool Road (County Road #150); thence running Northwesterly along the Swimming Pool Road to its its intersection with the main line of the Georgia Railroad; thence running in a Southwesterly direction along the main line of the Georgia Railroad to its intersection with East Street; thence running in a Southerly direction along East Street to its intersection with the Northernmost end of Main Street; thence running Westerly along said Main Street to its intersection with an extension of Richland Avenue and across the Main line of the Georgia Railroad; thence running Northwesterly along said Richland Avenue to its intersection with Spring Street; thence running South along Spring Street to its intersection with Buffalo Street; thence running West along Buffalo Street to its intersection with Georgia Highway #15 (also known as Laurel Avenue); thence running South along Laurel Avenue to its intersection with South Street; thence running Easterly along South Street to its intersection with Walnut Street; thence running South along Walnut Street to its intersection with Bush Street; thence running Easterly along Bush Street to its intersection with Georgia Highway #15; thence running Easterly along Georgia Highway #15 (the Greensboro-Siloam Highway); thence along said Georgia Highway #15 to its intersection with Beaverdam Creek; thence Southerly along the meanderings of Beaverdam Creek to its intersection with Interstate #20; thence Easterly along Interstate #20 to its intersection with County Road #94; thence Northerly along County Road #94 to its intersection with County Road 196 (the Bethany Church Road); thence Easterly along County Road #196 to its intersection with the Taliaferro County line; thence running Northerly along the Taliaferro County line to the intersection of the Taliaferro County line, Georgia Highway #44 (Union Point-Washington Road) and Little River which is the point of beginning. District No. 4: Beginning in the Northeasterly most portion of District No. 4 the same being a point at which the Woodville-Lexington Highway (Georgia Highway #77) enters and Page 3691 intersects Oglethorpe County; thence running in a Southerly direction along said Georgia Highway #77 to its intersection with the City Limits of the town of Woodville; thence proceeding along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hensley Road; thence in a Westerly direction along the Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direction along the Shiloh Church Road to its intersection with the Greensboro-Penfield Road (County Road #192) at Shiloh Church; thence in a Southerly direction along said County Road #192 to its intersection with the Lickskillet Road (County Road #1) thence in a Westerly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15; thence in a Southerly direction along Georgia Highway #15 to U.S. Highway #278 and crossing U.S. Highway #278 and proceeding along Laurel Avenue to its intersection with South Street; thence in an Easterly direction along South Street to its intersection with Walnut Street; thence in a Southerly direction along Walnut Street to its intersection with First Street; thence in a Westerly direction along First Street to its intersection with East Street; thence in a Southerly direction along East Street to its intersection with Third Steet; thence in a Westerly direction along Third Street to Spring Street and South along Spring Street to its intersection with Fifth Street; thence in a Northeasterly direction along Fifth Street to its intersection with West Street; thence South along West Street to its intersection with Seventh Street; thence East along Seventh Street to its intersection with Georgia Highway #44; thence along Georgia Highway #44 in a Southerly direction crossing the interchange at I-20 to its intersection with County Road #68 known as the Meadowcrest Road; thence Easterly along the Meadowcrest Road to its intersection with County Road #63 known as the Walker's Church Road; thence Northeasterly along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road; thence in a Southerly direction along County Road #191 to the intersection Page 3692 of said Veazey Road with Beaverdam Creek; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek; thence along the Northerly branch of Bowden Creek to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence in a Southeasterly direction along the Billy Merritt Road to its intersection with Stewart's Creek; thence leaving the Billy Merritt Road and proceeding in a Southerly and Westerly direction along Stewart's Creek to its intersection with County Road #81 the White Plains-Veazey Road; thence Easterly along the White Plains-Veazey Road to its intersection with County Road #56 known as Flat Rock Road; thence South along Flat Rock Road to its intersection with the Liberty Church Road (County Road #191); thence in a Southerly direction along the said County Road #191 to its intersection with the Flat Rock Church Road (County Road #61); thence Westerly along the Flat Rock Church Road to its intersection with County Road #60; thence Southerly along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line; thence Westerly along the Hancock County line to the Putnam County line; thence Northerly along the Putnam County line to the Morgan County line; thence Northerly along the Morgan County line to its intersection on the Oconee County line; thence Easterly along the Oconee County line till its intersection with the Oglethorpe County line; thence Southeasterly along the Oglethorpe County line to Highway #77 (Union Point-Lexington Highway) the Point of Beginning of District No. 4. (c) One member shall be elected to the board of commissioners from each district by the electors residing within the district. Each candidate seeking election from a district must reside within the district at the time the candidate qualifies to seek such position. Any member elected to the board from a district shall remain a resident of the district Page 3693 from which he or she was elected. If a member moves his or her residence outside the district from which he or she was elected or if the chairman moves his or her residence outside the county during his or her term of office, the position shall be declared vacant at the next regularly scheduled meeting of the board of commissioners. (d) The chairman and members of the board of commissioners who are in office on January 1, 1986, shall serve for the remainder of their respective terms of office to which they were elected and until succeeded as provided in this section. Such members shall possess and have the duty and responsibility of exercising all of the powers given to them by law until so succeeded. At the regularly scheduled primary and general election in August and November, 1986, members shall be nominated and elected from District No. 1 and District No. 3 for terms of office of four years each beginning on January 1, 1987. At the regularly scheduled primary and general election in August and November, 1988, the chairman shall be nominated and elected and the members shall be nominated and elected from District No. 2 and District No. 4 for terms of office of four years each beginning on January 1, 1989. Following the initial terms of office of the chairman and members provided herein, the term of office of the chairman and each member of the board shall be for four years and until their respective successors are duly elected and qualified. Such terms of office shall begin on January 1 following the date of the election. (e) All elections shall be governed by the general laws of this state and the majority vote requirements of Code Section 21-5-201 of the Official Code of Georgia Annotated shall apply to all elections under this section. (f) Vacancies in the office of chairman of the board or in the office of any member of the board shall be filled as provided in this subsection. (1) If there are less than two years remaining in the term of the person whose position is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs and the person so appointed shall serve for the remainder of the unexpired term of office. Page 3694 (2) If there are two or more years remaining in the term of the person whose position is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs, and the person so appointed shall serve until a person is elected as provided in subparagraph (A) or (B) of this paragraph to fill such position and such person assumes office. (A) If such a vacancy occurs prior to the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be nominated and elected at such primary and general election in the same manner as members are regularly nominated and elected. The person so elected to fill the vacancy shall take office on January 1 following the election for the remainder of the unexpired term of office. (B) If such a vacancy occurs after the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be elected in a special election to be called and conducted by the election superintendent of Greene County pursuant to the general laws of the State of Georgia. The cost of such special election shall be borne by Greene County. Any person elected in any such special election shall take office on January 1 following the special election or as soon thereafter as possible and shall serve for the remainder of the unexpired term of office. (3) In any regular or special election to fill a vacancy in the office of chairman, the electors of the entire county may vote. In any regular or special election to fill a vacancy in the office of a member from a district, only the electors residing in such district may vote. Section 3. Said Act is further amended by repealing Section 3 of said Act, relating to elections by the voters of the entire county, Section 3A of said Act, relating to elections and terms of office, and Section 3B of said Act, relating to vacancies, in their entirety. Page 3695 Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended; and for other purposes. This 15 day of January, 1986. Harvey T. Higdon, Chairman Greene County Commissioners 17 ja 1tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Copelan, Jr., who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following date: January 17, 1986. /s/ Jesse Copelan, Jr. Representative, 106th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3696 GREENE COUNTYBOARD OF EDUCATION; ELECTIONS; DISTRICTS; VACANCIES. No. 809 (House Bill No. 1454). AN ACT To provide for the board of education of Greene County; to provide for the method of election of the chairman and members of the board of education of Greene County; to provide for districts; to provide for residency requirements; to provide for vacancies and the filling thereof; to provide for voting by electors; to provide for initial and regular terms of office; to provide for practices and procedures; to provide for a statement of purpose and intent; to provide for other matters relative to the foregoing; to repeal that constitutional amendment providing for the election of members of the board of education of Greene County (Resolution Act No. 157; House Resolution No. 475-1186; Ga. L. 1964, p. 969) which was continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4248); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted to comply with the amended consent order and decree filed on January 10, 1986, with the clerk of the United States District Court for the Middle District of Georgia, Athens Division, in the case of Ulysses Bacon et al. v. Harvey Higdon et al. , Civil Action No. 85-40-ATH. Section 2. (a) The board of education of Greene County shall be composed of a chairman and four additional members. (b) The chairman of the board of education may reside anywhere within Greene County and shall be elected by the electors of the entire county. (c) For the purposes of electing the members of the board other than the chairman, Greene County is divided into four districts containing the following described territory: Page 3697 District No. 1: Beginning at the Easternmost corner of District No. 1, the same being the location where County Road #196 (Bethany Church Road) intersects with the Taliaferro County line and running thence from said point of intersection of County Road #196 and the Taliaferro County line in a Westerly direction along County Road #196 to the intersection of County Road #94 and County Road 196; thence turning on to County Road #94 (Thompson Road) and running in a Southwesterly direction to its intersection with Interstate #20; thence in a Westerly direction along Interstate #20 to its intersection with Beaverdam Creek; thence leaving Interstate #20 and running in a Northerly direction along the meanderings of Beaverdam Creek to the intersection of Beaverdam Creek and Georgia Highway #15; thence from the Intersection of Beaverdam Creek and Georgia Highway #15 proceeding in a Northwesterly direction along Georgia Highway #15 toward and to the City of Greensboro and running to the intersection of Bush Street and Georgia Highway #15 (at Robinson Park); thence proceeding in a Westerly direction along Bush Street to its intersection with Walnut Street; thence turning on to Walnut Street and proceeding in a Southerly direction to its intersection with First Street; thence proceeding Westerly along First Street to its intersection with East Street; thence proceeding in a Southerly direction along East Street to its intersection with Third Street; thence proceeding along Third Street in a Westerly direction to its intersection with Spring Street; thence Southerly along Spring Street to its intersection with Fifth Street; thence in a Easterly direction along Fifth Street to its intersection with West Street; thence in a Southerly direction along West Street to its intersection with Seventh Street; thence in an Easterly direction along Seventh Street to its intersection with Georgia Highway #44; thence proceeding in a Southwesterly direction along Georgia Highway #44 across Interstate #20 to the intersection of County Road #68 (meadowcrest Road) and said Georgia Highway #44; thence running Easterly along said County Road #68 to its intersection with County Road #63 (the Walker's Church Road); thence running in a Northeasterly direction along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road (County Road #191); Page 3698 thence in a Southerly direction along the Veazey Road to the intersection of Beaverdam Creek and the Veazey Road; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek and running along Bowden Creek along the Northerly most branch thereof to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence along said Billy Merritt Road to its intersection with Stewart's Creek; thence leaving said Billy Merritt Road and running in a Southerly and Westerly direction along the meanderings of Stewart Creek to the intersection of said Stewart's Creek with the White Plains-Veazey Road (County Road #81); thence running along said White Plains-Veazey Road to the intersection of said White Plains-Veazey Road to its intersection with the Flat Rock Road (County Road #56); thence in a Southerly and Westerly direction along said County Road #56 to its intersection with the Liberty Church Road (County Road #191; thence along said Liberty Church Road in a Southerly direction to its intersection with the Flat Rock Church Road (County Road #61); thence in a Westerly direction along said County Road #61 to its intersection with County Road #60; thence in a southerly direction along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line at the Oconee River; thence running in a Northeasterly direction along the Hancock County line to its intersection with the Taliaferro County line; thence in a Northerly direction along the Taliaferro County line to its intersection with County Road 196 (the Bethany Church Road) which was the point of beginning of District 1. District 2: Beginning in the Northerly portion of District 2 the same being a point at which Georgia Highway #77 intersects with the Ogleghorpe County line; running thence from said Point of Beginning in a Southerly direction along Georgia Highway Page 3699 #77 to the City Limits of the town of Woodville; thence along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence running in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hansley Road; thence proceeding in a Westerly direction along said Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direction along said Shiloh Church Road to its intersection with the Greensboro-Penfield Road at Shiloh Church; thence proceeding Southerly along the Greensboro-Penfield Road (County Road #192) to its intersection with the Lickskillet Road (County Road #1); thence in a Southwesterly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15 the Greensboro-Athens Road; thence in a Southerly direction along said Georgia Highway #15 toward the City of Greensboro to its intersection with Buffalo Street; thence Easterly along Buffalo Street to Spring Street; thence Northerly along Spring Street to its interesection with Richland Avenue; thence Southeasterly along Richland Avenue and continuing along an extension thereof crossing the main line of the Georgia Railroad to its intersection with the Northerly most portion of Main Street; thence Easterly along said Northerly most portion of Main Street to its intersection with East Street in the City of Greensboro; thence Northerly along East Street to its intersection with the main line of the Georgia Railroad; thence in a Northeasterly direction along the main line of the Georgia Railroad to its intersection with County Road #150 known as the Swimming Pool Road; thence in a Easterly direction along the Swimming Pool Road to its intersection with U.S. Highway #278, the Greensboro-Union Point Road; thence along the Greensboro-Union Point Road in a Northeasterly direction to its intersection with a branch which merges to form the North fork of the Ogeechee River, said branch being located to the Southerly side of Bethel Church and running thence along said branch line in a due East direction to a point where said North fork of the Ogeechee River intersects with Georgia Highway #77 (the Union Point-Siloam Road); thence from said point running North along said Georgia Highway #77 to its intersection with County Road #111; running Page 3700 in a Northerly direction along said County Road #111 to its intersection with the City Limits of the City of Union Point; thence Northerly along the Southwesterly City Limits of the City of Union Point to its intersection with U.S. Highway #278; thence following the City Limits of Union Point along U.S. Highway #278 and leaving U.S. Highway #278 following the City Limits of said City and then rejoining U.S. Highway #278 at a point where the City Limits of Union Point traverses said U.S. Highway #278; thence Easterly along U.S. Highway #278 within the City of Union Point to its intersection with Georgia Highway #77; thence proceeding in a Northerly direction under the underpass of the main line of the Georgia Railroad to its intersection with Rhodes Street; thence Easterly along Rhodes Street travelling under the underpass of the Athens Branch of the Georgia Railroad to its intersection with Carlton Avenue; thence along Carlton Avenue in a Northwesterly direction to its intersection with Barnes Street; thence in a Northeasterly direction along Barnes Street to its intersection with the Old Crawfordville Road; thence in a Southeasterly direction along the Old Crawfordville Road to its intersection with the Easterly City Limits of the City of Union Point; thence in a Northerly direction along said Easterly City Limits of the City of Union Point to its intersection with Rhodes Street (Old Georgia Highway #44) (County Road #134) thence proceeding Northeasterly along said Old Georgia Highway #44 to its intersection with Georgia Highway #44; thence in a Easterly and Northeasterly direction along said Georgia Highway #44 to its intersection on the Taliaferro County line at its intersection with Little River; thence proceeding along the Taliaferro and Oglethorpe County lines to its intersection with Georgia Highway #77 (Woodville-Lexington Road) which was the point of beginning for District No. 2. District No. 3: Beginning at the Northeasterly most portion of District No. 3 the same being the point where the Georgia Highway #44 (Union Point-Washington Highway) intersects with Taliaferro County line at Little River; thence running in a Southwesterly direction along Georgia Highway #44 toward Page 3701 Union Point to its intersection with County Road #134 (the Old Georgia Highway #44); thence in a Southwesterly direction along Old Georgia Highway #44 to its intersection with the City Limits of Union Point; thence proceeding along the Easterly City Limits of Union Point in a Southerly direction to its intersection with the Old Crawfordville Road; thence proceeding in a Northwesterly direction along Old Crawfordville Road to its intersection with Barnes Street; thence in a Southwesterly direction along Barnes Street to its intersection with Carlton Avenue; thence in a Southeasterly direction along Carlton Avenue to its intersection with Rhodes Street; thence crossing under the Athens Branch of the Georgia Railroad along Rhodes Street to its intersection with Georgia Highway #77; thence Southerly along Georgia Highway #77 via the underpass under the main line of the Georgia Railroad to its intersection with U.S. Highway #278; thence proceeding in a Westerly direction along U.S. Highway #278 to its intersection with the City Limits of Union Point; thence leaving U.S. Highway #278 in a Southerly and Westerly and Northerly direction along the City Limits of Union Point to its intersection once again with U.S. Highway #278; thence in a Westerly direction along U.S. Highway #278 to its intersection with the Westerly City Limits of the City of Union Point; thence in a Southerly and Easterly direction along the City Limits of Union Point to its intersection with County Road #111; thence in a Southerly direction along County Road #111 to its intersection with Georgia Highway #77 leading from Union Point to Siloam; thence along Georgia Highway #77 in a Southerly direction to its intersection with the North fork of the Ogeechee River; thence running in a due West direction along the North fork of the Ogeechee River along a line intersecting U.S. Highway #278 just South of Bethel Church; thence running along said U.S. Highway #278 in a Westerly direction to its intersection with the Swimming Pool Road (County Road #150); thence running Northwesterly along the Swimming Pool Road to its intersection with the main line of the Georgia Railroad; thence running in a Southwesterly direction along the main line of the Georgia Railroad to its intersection with East Street; thence running in a Southerly direction along East Street to its intersection with the Northernmost end of Main Street; thence running Westerly along said Main Street to its intersection with an extension Page 3702 of Richland Avenue and across the Main line of the Georgia Railroad; thence running Northwesterly along said Richland Avenue to its intersection with Spring Street; thence running South along Spring Street to its intersection with Buffalo Street; thence running West along Buffalo Street to its intersection with Georgia Highway #15 (also known as Laurel Avenue); thence running South along Laurel Avenue to its intersection with South Street; thence running Easterly along South Street to its intersection with Walnut Street; thence running South along Walnut Street to its intersection with Bush Street; thence running Easterly along Bush Street to its intersection with Georgia Highway #15; thence running Easterly along Georgia Highway #15 (the Greensboro-Siloam Highway); thence along said Georgia Highway #15 to its intersection with Beaverdam Creek; thence Southerly along the meanderings of Beaverdam Creek to its intersection with Interstate #20; thence Easterly along Interstate #20 to its intersection with County Road #94; thence Northerly along County Road #94 to its intersection with County Road 196 (the Bethany Church Road); thence Easterly along County Road #196 to its intersection with the Taliaferro County line; thence running Northerly along the Taliaferro County line to the intersection of the Taliaferro County line, Georgia Highway #44 (Union Point-Washington Road) and Little River which is the point of beginning. District No. 4: Beginning in the Northeasterly most portion of District No. 4 the same being a point at which the Woodville-Lexington Highway (Georgia Highway #77) enters and intersects Oglethorpe County; thence running in a Southerly direction along said Georgia Highway #77 to its intersection with the City Limits of the town of Woodville; thence proceeding along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hensley Road; thence in a Westerly direction along the Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direction along the Shiloh Church Road to its intersection Page 3703 with the Greensboro-Penfield Road (County Road #192) at Shiloh Church; thence in a Southerly direction along said County Road #192 to its intersection with the Lickskillet Road (County Road #1) thence in a Westerly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15; thence in a Southerly direction along Georgia Highway #15 to U.S. Highway #278 and crossing U.S. Highway #278 and proceeding along Laurel Avenue to its intersection with South Street; thence in an Easterly direction along South Street to its intersection with Walnut Street; thence in a Southerly direction along Walnut Street to its intersection with First Street; thence in a Westerly direction along First Street to its intersection with East Street; thence in a Southerly direction along East Street to its intersection with Third Steet; thence in a Westerly direction along Third Street to Spring Street and South along Spring Street to its intersection with Fifth Street; thence in a Northeasterly direction along Fifth Street to its intersection with West Street; thence South along West Street to its intersection with Seventh Street; thence East along Seventh Street to its intersection with Georgia Highway #44; thence along Georgia Highway #44 in a Southerly direction crossing the interchange at I-20 to its intersection with County Road #68 known as the Meadowcrest Road; thence Easterly along the Meadowcrest Road to its intersection with County Road #63 known as the Walker's Church Road; thence Northeasterly along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road; thence in a Southerly direction along County Road #191 to the intersection of said Veazey Road with Beaverdam Creek; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek; thence along the Northerly branch of Bowden Creek to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence in a Southeasterly direction along the Billy Merritt Road to its intersection with Stewart's Creek; thence leaving the Billy Merritt Road and proceeding in a Southerly and Westerly direction along Stewart's Creek to its intersection with County Road #81 the White Plains-Veazey Road; thence Page 3704 Easterly along the White Plains-Veazey Road to its intersection with County Road #56 known as Flat Rock Road; thence South along Flat Rock Road to its intersection with the Liberty Church Road (County Road #191); thence in a Southerly direction along the said County Road #191 to its intersection with the Flat Rock Church Road (County Road #61); thence Westerly along the Flat Rock Church Road to its intersection with County Road #60; thence Southerly along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line; thence Westerly along the Hancock County line to the Putnam County line; thence Northerly along the Putnam County line to the Morgan County line; thence Northerly along the Morgan County line to its intersection on the Oconee County line; thence Easterly along the Oconee County line till its intersection with the Oglethorpe County line; thence Southeasterly along the Oglethorpe County line to Highway #77 (Union Point-Lexington Highway) the Point of Beginning of District No. 4. (d) One member shall be elected to the board of education from each district by the electors residing within the district. Each candidate seeking election from a district must reside within the district at the time the candidate qualifies to seek such position. Any member elected to the board from a district shall remain a resident of the district from which he or she was elected. If a member moves his or her residence outside the district from which he or she was elected or if the chairman moves his or her residence outside the county during his or her term of office, the position shall be declared vacant at the next regularly scheduled meeting of the board of education. (e) The chairman and members of the board of education who are in office on Janaury 1, 1986, shall serve for the remainder of their respective terms of office to which they were elected and until succeeded as provided in this section. Such members shall possess and have the duty and responsibility of exercising all of the powers given to them by law until so succeeded. At the regularly scheduled primary and general election in August and November, 1986, members shall be nominated and elected from District No. 1 and District No. 3 for terms of office of four years each beginning on January 1, 1987. At the regularly Page 3705 scheduled primary and general election in August and November, 1986, the members shall be nominated and elected from District No. 2 and District No. 4 for terms of office of two years each beginning on January 1, 1987. At the regularly scheduled primary and general election in August and November, 1988, the chairman shall be nominated and elected from the county at large for a term of office of four years beginning on January 1, 1989. Following the initial terms of office of the chairman and members provided herein, the term of office of the chairman and each member of the board shall be for four years and until their respective successors are duly elected and qualified. Such terms of office shall begin on January 1 following the date of the election. (f) All elections shall be governed by the general laws of this state and the majority vote requirements of Code Section 21-5-201 of the Official Code of Georgia Annotated shall apply to all elections under this section. (g) Vacancies in the office of chairman of the board or in the office of any member of the board shall be filled as provided in this subsection. (1) If there are less than two years remaining in the term of the person whose position is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs and the person so appointed shall serve for the remainder of the unexpired term of office. (2) If there are two or more years remaining in the term of the person whose position is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs, and the person so appointed shall serve until a person is elected as provided in subparagraph (A) or (B) of this paragraph to fill such position and such person assumes office. (A) If such a vacancy occurs prior to the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be nominated Page 3706 and elected at such primary and general election in the same manner as members are regularly nominated and elected. The person so elected to fill the vacancy shall take office on January 1 following the election for the remainder of the unexpired term of office. (B) If such a vacancy occurs after the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be elected in a special election to be called and conducted by the election superintendent of Greene County pursuant to the general laws of the State of Georgia. The cost of such special election shall be borne by Greene County. Any person elected in any such special election shall take office on January 1 following the special election or as soon thereafter as possible and shall serve for the remainder of the unexpired term of office. (3) In any regular or special election to fill a vacancy in the office of chairman, the electors of the entire county may vote. In any regular or special election to fill a vacancy in the office of a member from a district, only the electors residing in such district may vote. Section 3. That constitutional amendment providing for the election of members of the board of education of Greene County (Resolution Act No. 157; House Resolution No. 475-1186; Ga. L. 1964, p. 969) which was continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4248), is repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for the election of members of the board of education of Greene Page 3707 County; to provide for terms of office; to provide for districts; to provide for practices and procedures; and for other purposes. This 15th day of January, 1986. Edward E. Corry Superintendent of Schools Greene County, Georgia 17 ja 1tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Copelan, Jr., who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County, on the following date: January 17, 1986. /s/ JESSE COPELAN, JR. Representative, 106th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3708 DOUGHERTY JUDICIAL CIRCUIT JUDGES; COUNTY SALARY SUPPLEMENTS. No. 810 (House Bill No. 2025). AN ACT To amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved February 26, 1973 (Ga. L. 1973, p. 15), so as to change the county supplements for the judges of that circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved February 26, 1973 (Ga. L. 1973, p. 15), is amended by adding at the end of Section 2(a) thereof the following: Instead of the supplement otherwise authorized by this subsection, each judge of the Superior Court of Dougherty County who has served in such office for three years or more shall receive from county funds a supplement of $10,000.00 per annum, except that any such judge who has served in that office for seven years or more shall receive from county funds a supplement of $12,000.00 per annum. The supplement provided by this subsection shall be paid from the funds of Dougherty County in equal monthly installments., so that when so amended that Section 2(a) shall read as follows: Section 2(a). The governing authority of Dougherty County is authorized to provide from county funds a supplement to the compensation of the Judge of the Superior Court of Dougherty County. The amount of such supplement shall be fixed by the governing authority of Dougherty County but shall not exceed $9,000.00 per annum. Within the limitations provided in this section, it shall be within the sole Page 3709 discretion of the governing authority of Dougherty County to establish the amount of such supplement and, from time to time, to increase or decrease said supplement in such manner as the governing authority of Dougherty County shall provide. Instead of the supplement otherwise authorized by this subsection, each Judge of the Superior Court of Dougherty County who has served in such office for three years or more shall receive from county funds a supplement of $10,000.00 per annum, except that any such judge who has served in that office for seven years or more shall receive from county funds a supplement of $12,000.00 per annum. The supplement provided by this subsection shall be paid from the funds of Dougherty County in equal monthly installments. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved February 26, 1973 (Ga. L. 1973, p. 15); and for other purposes. This 10th day of February, 1986. Tommy Chambless Representative, 133rd District February 13, 1986 1233 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the Page 3710 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following date: February 13, 1986. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. WORTH COUNTY BOARD OF EDUCATION; COMPENSATION. No. 811 (House Bill No. 1989). AN ACT To provide for the compensation of the chairman and members of the board of education of Worth County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The chairman of the board of education of Worth County shall receive a per diem of $125.00 and each member of the board shall receive a per diem of $100.00 for each day of attendance at meetings of the board or of meeting and traveling inside or outside the state as a member of a committee of the board on official business first authorized by a Page 3711 majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county school superintendent. Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 regular session of the General Assembly of Georgia, special legislation to provide for an increase in salary for members of the Board of Education of Worth County, Georgia and for other purposes. /s/ James E. Whitfield Superintendent Worth County Schools GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County, on the following date: January 16, 1986. /s/ Rep. Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 12, 1986. Page 3712 CHATTOOGA COUNTY AND CITY OF TRION SCHOOL DISTRICTS; LOCAL SALES AND USE TAX FOR EDUCATION; FORMULA FOR ALLOCATION. No. 813 (House Bill No. 1825). AN ACT To amend an Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the Chattooga County School District and the Trion Independent School District, approved March 27, 1985 (Ga. L. 1985, p. 4447), so as to change the formula by which the proceeds of such tax are to be allocated between said two school systems; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the Chattooga County School District and the Trion Independent School District, approved March 27, 1985 (Ga. L. 1985, p. 4447), is amended by striking Section 2 which reads as follows: Section 2. Pursuant to the authority granted to the General Assembly by said constitutional amendment to control by local law the subject matter of said amendment, the Board of Education of the Chattooga County School District and the governing authority of the City of Trion are each authorized to call for the imposition within the special district conterminous with Chattooga County of the tax authorized by Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated. If either said board of education or said governing authority elects to call for the imposition of the tax, it shall do so by resolution in the same manner as county and municipal governing authorities are authorized to do by Article 2 of Chapter 8 of Title 48 of the Official Page 3713 Code of Georgia Annotated. Any resolution so adopted shall be transmitted to the election superintendent of Chattooga County; and thereafter an election with respect to the imposition of the tax shall be held as if the governing authority of Chattooga County had transmitted such a resolution to the election superintendent. If approved by the voters in the manner specified by Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, the tax shall then be imposed on the first day of the first calendar quarter which begins more than 80 days after the date of the election at which the imposition of the tax is approved. Once imposed the tax shall be administered as provided in Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated and shall be distributed to the Chattooga County School District and to the Town of Trion for the use of the Trion Independent School District in the manner specified by said constitutional amendment. No distribution certificate shall be required to be filed in order for the tax to continue to be so imposed and distributed., and inserting in its place a new Section 2 to read as follows: Section 2. (a) This section is passed pursuant to the authority granted to the General Assembly by said constitutional amendment to control by local law the subject matter of said amendment. (b) The Board of Education of the Chattooga County School District and the governing authority of the Town of Trion are each authorized to call for the imposition within the special district conterminous with Chattooga County of the tax authorized by Article 2 of Chapter 8 of Title 48 of the O.C.G.A. If either said board of education or said governing authority elects to call for the imposition of the tax, it shall do so by resolution in the same manner as county and municipal governing authorities are authorized to do by Article 2 of Chapter 8 of Title 48 of the O.C.G.A. Any resolution so adopted shall be transmitted to the election superintendent of Chattooga County; and thereafter an election with respect to the imposition of the tax shall be held as if the governing authority of Chattooga County had transmitted such a resolution to the election superintendent. If approved Page 3714 by the voters in the manner specified by Article 2 of Chapter 8 of Title 48 of the O.C.G.A., the tax shall then be imposed on the first day of the first calendar quarter which begins more than 80 days after the date of the election at which the imposition of the tax is approved. Once imposed the tax shall be administered as provided in Article 2 of Chapter 8 of Title 48 of the O.C.G.A. (c) The net proceeds of the tax shall be distributed to the Chattooga County School District and to the Town of Trion for the use of the Trion Independent School District according to the ratio which the enrollment in each school system bears to the total enrollment in the two school systems, with each school system to receive the same fraction of the total net tax proceeds as its fraction of the total enrollment of the two school systems. For this purpose, enrollment shall be determined by the fall full-time equivalent (FTE) program count for the two school systems, as provided for in Code Section 20-2-160 of the O.C.G.A. or any similar general law hereafter enacted. For this purpose, the school superintendents of the two school systems shall jointly certify to the state revenue commissioner each school system's most recent fall full-time equivalent program count. The initial certification by the two school superintendents shall be made at least 30 days before the first date on which proceeds of the tax under this Act will be distributed by the state revenue commissioner. The state revenue commissioner shall use the initial certification to distribute the net proceeds of the taxes collected from the date of imposition of the tax until the next first day of July. Thereafter, at least 30 days prior to the first day of July in each year, the two school superintendents shall likewise jointly certify to the state revenue commissioner each system's most recent fall full-time equivalent program count. Upon receipt of such certification, the state revenue commissioner shall use such new certification to distribute the net proceeds of taxes collected during the fiscal year beginning on the first day of July following receipt of such certification. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 3715 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the Chattooga County School District and the Trion Independent School District, approved March 27, 1985 (Ga. L. 1985, p. 4447); and for other purposes. This 9th day of January, 1986. John G. Crawford 1tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: January 9, 1986. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3716 WORTH COUNTY BOARD OF EDUCATION; MEMBERSHIP; ELECTIONS; DISTRICTS; REFERENDUM. No. 814 (House Bill No. 1990). AN ACT To provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to provide for education districts; to provide for filling vacancies; to provide for eligibility; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Worth County Board of Education shall consist of a chairman and four additional members. The chairman shall be elected by a majority vote of the voters voting from the Worth County School District at large, and the other four members shall be elected from education districts by a majority vote of the voters voting from each district. The chairman and district members of the board shall serve for a term of four years and until their successors are elected and qualified. For the purpose of electing the four district members of the board, Worth County shall be divided into four education districts as follows: Education District No. 1 Worth Tract 9902 Those parts of Blocks 240 and 241 inside the City of Sylvester Blocks 242 through 290 Those parts of Blocks 291 and 292 inside the City of Sylvester Tract 9903 Blocks 101 through 123 Those parts of Blocks 126 and 129 inside the City of Sylvester Page 3717 Blocks 130 through 172 and 174 through 176 Those parts of Blocks 177 and 211 inside the City of Sylvester Blocks 212 through 220 That part of Block 221 inside the City of Sylvester Tract 9904 Blocks 235 through 239 That part of Block 240 inside the City of Sylvester Blocks 241 through 281 That part of Block 282 inside the City of Sylvester Education District No. 2 Worth Tract 9901 Blocks 234 through 247, 256 through 299, 301 through 317, 319 through 335, and 337 through 399 Block Group 4 Tract 9904 Block Group 1 Blocks 201 through 205, 207 through 232, and 234 Those parts of Blocks 240 and 282 outside the City of Sylvester Blocks 283 through 299, 301 through 314, 335, 336, 342, and 344 Education District No. 3 Worth Tract 9901 Block Group 1 Blocks 201 through 233, 248 through 255, and 318 Tract 9902 Block Group 1 Blocks 202 through 239 Those parts of Blocks 240, 241, 291, and 292 outside the City of Sylvester Page 3718 Blocks 293 through 299 Block Group 3 Education District No. 4 Worth That part of Tract 9903 outside the City of Sylvester Tract 9904 Blocks 315 through 317, 319 through 321, 323 through 334, 337 through 341, 343, and 345 through 392 Block Groups 4 and 5 Section 2 . From and after the effective date of this Act, no member of the Worth County Board of Education shall be appointed by the grand jury. The existing board of education shall continue in existence until such time as their successors shall be appointed or elected as provided in this Act. No term of a present member of the board shall be shortened or terminated by this Act. Section 3 . At the general election in 1988 and each four years thereafter, board members shall be elected from Education Districts No. 2 and No. 3 to represent the seats presently held by board members Bryan and Moore, respectively. At the general election in 1990 and each four years thereafter, the chairman and the board members from Education Districts No. 1 and No. 4 shall be elected to represent the seats presently held by Willis, Crapps, and Whitman, respectively. All elected board members shall take office on the first day of January immediately following their election. Section 4 . Any vacancy occurring on the board between the effective date of this Act and the time specified herein for such post to be filled by election of the voters shall be filled by the board of education as constituted at the time such vacancy occurs and whether such vacancy occurs by expiration of term, resignation, or otherwise. Section 5 . Should a vacancy occur in any post on the board of education after such post has been first filled by an election as provided by this Act, then the vacancy for the remainder of the unexpired term shall be filled as follows: Page 3719 (1) If more than two years shall remain on such unexpired term and the vacancy occurs more than 30 days preceding the next general election, the vacancy shall be filled for the unexpired term by the voters at the next succeeding general election; provided, however, that the board of education shall make an interim or temporary appointment of a member to fill the post until such time as the member elected to fill the unexpired term shall take office. (2) In all other instances, the vacancy shall be filled by the board of education as then constituted for the entire remainder of the unexpired term; provided, however, that any person appointed by the board shall meet all the qualifications for membership on the board. Section 6 . In the event a member elected to represent an education district removes his residence from the education district, the office shall not be declared vacant and the member shall be qualified to serve the full term to which he was elected. Section 7 . Until the chairman is elected by the voters and qualified as provided in this Act, a chairman shall be elected annually by the members of the board then sitting. Section 8 . To be eligible for service on the board of education and to be eligible to offer as a candidate for election to the board, a person must meet the following requirements: (1) Be a citizen of Georgia who has resided in Worth County, Georgia, for two years immediately preceding his qualification as a candidate and resided within the education district he seeks to represent for one year immediately preceding his qualification as a candidate for the office; (2) Be a registered voter qualified to vote for members of the General Assembly of Georgia and be at least 21 years of age; (3) Not be the holder of any other public elective office; (4) Have at least a high school education and be of good moral character; Page 3720 (5) Possess such other qualifications as required by law. Section 9. After the approval of this Act by the Governor or it otherwise becomes law without such approval, it shall be the duty of the election superintendent of Worth County to issue the call for an election for the purpose of submitting this Act to the electors of Worth County for approval or rejection. The election superintendent shall set the date of such election to coincide with the date of the general election to be held in 1986. The election superintendent shall issue the call for such election at least 30 days prior to the date thereof. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for education districts and providing for the election of the members and chairman of the Worth County Board of Education be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Worth County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 regular session of the General Assembly of Georgia, Legislation to provide for the number of members and for election of members of the Board of Education of Worth County, Georgia; to provide for election districts; to provide the manner of electing Page 3721 members of the Board; to provide for the compensation of the members of the Board; to provide for filling of vacancies on the Board; to provide for the election of a chairman of the Board; to provide for a referendum on the legislation by the voters of Worth County and other purposes. /s/ James E. Whitfield Superintendent Worth County Schools Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County, on the following date: January 16, 1986. /s/ Rep. Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 21st day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 12, 1986. Page 3722 COLQUITT COUNTY BOARD OF EDUCATION; COMPENSATION AND EXPENSES. No. 815 (House Bill No. 1810). AN ACT To amend an Act relating to the board of education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), so as to change the compensation and expense allowances of the members of the board of education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the board of education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), is amended by adding following Section 1 a new Section 1.1 to read as follows: Section 1.1. The members of the board of education of Colquitt County shall be compensated as follows: (1) At its first meeting after the enactment of this section and at its first meeting in January of each year thereafter, the board shall fix the compensation to be received by members of the board for that year, the compensation received by each member to be not less than $250.00 per month and not more than $500.00 per month. (2) At its first meeting after the enactment of this section and at its first meeting in January of each year thereafter, the board shall fix an allowance for travel inside the county to be received by members of the board for that year, the allowance received by each member to be not less than $150.00 per month and not more than $300.00 per month. (3) Subject to such procedures and restrictions as may be prescribed by the board, each member of the board shall be reimbursed for his or her actual and reasonable expenses incurred in traveling out of the county on official business of the board. Page 3723 Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Georgia Law 1970, Page 2582); to provide for all related matters; and for other purposes. This 31st day of January, 1986. Hugh Matthews W-Feb. 5 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Matthews, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following date: February 5, 1986. /s/ Hugh D. Matthews Representative, 145th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. Page 3724 COLQUITT COUNTY BOARD OF EDUCATION; COMPOSITION; ELECTIONS; DISTRICTS; REFERENDUM. No. 816 (House Bill No. 1811). AN ACT To amend an Act relating to the board of education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), so as to change the composition of the board of education of the Colquitt County School District; to provide for the method of election of members of the board; to provide for education districts from and by which members of the board shall be elected; to provide for the members' terms of office and qualifications; to provide for a quorum, the number of affirmative votes required for action, a chairman, a vice-chairman, and committees; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the board of education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), is amended by striking in their entirety Sections 1 through 3 and by inserting in their place new Sections 1 through 7 to read as follows: Section 1. The board of education of the Colquitt County School District shall until January 1, 1987, consist of five members. Thereafter the board shall consist of six members. The three members of the board who were elected under prior law to serve for terms to expire December 31, 1986, shall continue to serve until December 31, 1986, and until their successors are elected and qualified. The two members of the board who were elected under prior law for terms to expire December 31, 1988, shall continue to serve until December 31, 1988, and until their successors are elected and qualified. Page 3725 Section 2. (a) At the general election held in November, 1986, there shall be elected one member each from Education Districts No. 1, 3, 4, and 5 described in Section 7 of this Act. The members so elected from Education Districts No. 1, 4, and 5 shall take office January 1, 1987, for terms of four years and until their successors are elected and qualified. The member so elected from Education District No. 3 shall take office January 1, 1987, for a term of two years and until a successor is elected and qualified. (b) At the general election held in November, 1988, and quadrennially thereafter, there shall be elected one member each from Education Districts No. 2, 3, and 6. The members so elected shall take office on the first day of January following their election, for terms of four years and until their successors are elected and qualified. (c) At the general election held in November, 1990, and quadrennially thereafter, there shall be elected one member each from Education Districts No. 1, 4, and 5 described in Section 7 of this Act. The members so elected shall take office on the first day of January next following their election, for terms of four years and until their successors are elected and qualified. Section 3. Each member of the board shall be elected only by the voters of the education district he or she represents and not by the voters of the Colquitt County School District at large. Each member of the board must be a resident of the education district he or she represents; and if any member of the board ceases to reside within his or her education district, then his or her office shall be immediately vacated by operation of law. Section 4. At its first meeting in January of each year, the board shall organize itself by electing from among its number a chairman and a vice-chairman to serve until the first meeting in January and by establishing such standing committees as may be needed. Section 5. Four members of the board shall constitute a quorum and the affirmative votes of four members shall Page 3726 be required for any official action of the board. Until January 1, 1987, however, three members of the board shall constitute a quorum and official action may be taken by the affirmative votes of three members. Section 6. (a) For purposes of electing members of the board, the Colquitt County School District is divided into six education districts, the boundaries of which shall be as follows: Education District No. 1 Begin at the intersection of the center lines of Main Street and First Avenue, S.W., Moultrie, Colquitt County, Georgia, and from said point of beginning run West along the center line of First Avenue S.W. to its intersection with the center line of 11th Street, S.W.; thence run North along the center line of 11th Street, S.W. to its intersection with the center line of West Central Avenue; thence run Northwesterly along the center line of West Central Avenue (also known as Camilla Road) to its intersection with the center of the run of the Ochlockonee River; thence run in a general northerly direction along the center of the run of the Ochlockonee River to its intersection with the center line of Highway 133 Alt. (S1751); thence run Southeasterly along the center line of Highway 133 Alt. (S1751) to its intersection with the center line of County Road No. 241 (Buttermilk Alley); thence run Easterly along the center line of County Road No. 241 (Buttermilk Alley) to its intersection with the center line of State Highway No. 33 (Sylvester Highway); thence run South along the center line of State Highway No. 33 to its intersection with the center line of U. S. Highway No. 319 (Georgia State Highway No. 35); thence run Southwesterly along the center line of U. S. Highway No. 319 (Georgia State Highway No. 35) to its intersection with the center line of North Main Street; thence run Southerly along the center line of North Main Street to the Point Of Beginning. Education District No. 2 Begin at the intersection of the center line of Georgia Highway 37 East with the Eastern boundary of Colquitt Page 3727 County Georgia, and from said point of beginning run West along the center line of Georgia Highway No. 37 to its intersection with the center line of County Road No. 238 (Industrial Park Boulevard); thence run South along the center line of County Road No. 238 (Industrial Park Boulevard) to its intersection with the City Limits of Moultrie, Georgia; thence run West along the City Limits of Moultrie, Georgia, to the intersection of said City Limits with the center of the Seaboard Coast Line Railroad right of way; thence run westerly and northwesterly along the center of the Seaboard Coast Line railroad right of way to its intersection with the center line of North Main Street in Moultrie, Georgia; thence run Northerly along the center line of North Main Street to its intersection with the centerline of U. S. Highway No. 319 (Georgia Highway No. 35); thence run Northeasterly along the center line of U. S. Highway No. 319 (Georgia Highway No. 35) to its intersection with the center line of State Route No. 1946 (Sumner Road); thence run in a generally Northerly direction along the center line of State Route No. 1946 (Sumner Road) to its intersection with the Northern boundary of Colquitt County, Georgia; thence run in a general Easterly direction along the northern boundary of Colquitt, County, Georgia, to the intersection of the Northern boundary of Colquitt County, Georgia, with the Eastern boundary of Colquitt County, Georgia; thence run South along the Eastern boundary of Colquitt, County, Georgia, to the Point Of Beginning. Education District No. 3 Begin at the intersection of the Western boundary of Colquitt County, Georgia, with the center line of County Road No. 323, and from said point of beginning run in a general easterly direction along the center line of County Road No. 323 to its intersection with the center line of County Road No. 225; thence run in a Northeastern and Eastern direction along the center line of County Road No. 225 to its intersection with the center line of Georgia State Highway No. 202 (Thigpen Trail), thence run South along the center line of Georgia State Highway No. 202 (Thigpen Trail) to its intersection with the center Page 3728 line of County Road No. 303 (Dunn Road); thence run in a general Easterly and Northeasterly direction along the center line of County Road No. 303 (Dunn Road) to its intersection with the center line of County Road No. 24; thence run in a Northerly, Easterly, and Northerly direction along the center line of County Road No. 24 to its intersection with the center line of Georgia State Highway No. 37; thence run in a Southeasterly direction along the center line of Georgia State Highway No. 37 to its intersection with the center line of County Road No. 52; thence run South along the center line of County Road No. 52 to its intersection with the center line of County Road No. 303 (Dunn Road); thence run East along the center line of County Road No. 303 (Dunn Road) to its intersection with the center line of Georgia Highway No. 111; thence run Northeasterly along the center line of Georgia Highway No. 111 to its intersection with the City Limits of Moultrie, Georgia; thence run in a Southeasterly and Northeasterly direction along the City Limits of Moultrie, Georgia; to the intersection of the City Limits of Moultrie, Georgia, with the center line of Georgia Highway No. 37; thence run East along the center line of Georgia Highway No. 37 to its intersection with the center line of 11th Street, S.W.; thence run South along the center line of 11th Street, S.W. to its intersection with the center line of First Avenue, S.W.; thence run East along the center line of First Avenue, S.W. to its intersection with the center line of Main Street; thence run South along the center line of South Main Street to its intersection with the center line of the Lower Meigs Road (State Route No. 1205; County Road No. 480); thence run in a Southwesterly direction along the center line of the Lower Meigs Road (State Route No. 1205; County Road No. 480) to its intersection with the City Limits of Moultrie, Georgia; thence continuing along the City Limits of Moultrie, Georgia, in a Southerly, thence Easterly, thence Northerly, thence Easterly, thence Northerly, thence Westerly, thence Northerly, thence Easterly, thence Southerly, thence in a Northwesterly direction, thence Westerly, thence Southerly, thence Southeasterly, thence Southerly, thence Easterly along the City Limits of Moultrie, Georgia, to the intersection Page 3729 of the said city limits with the center line of the East By-Pass; thence run in a Southwesterly direction along the center line of the East By-Pass to its intersection with the center line of U. S. Highway 319 South (Georgia State Highway No. 35 South); thence run in a Southwesterly direction along the center line of U. S. Highway 319 South (Georgia State Highway No. 35 South) to its intersection with the center line of County Road No. 15 (Landfill Road); thence run in a Easterly direction along the center line of County Road No. 15 (Landfill Road) to its intersection with the center line of County Road No. 115 (Smith Road); thence run South along the center line of County Road No. 115 (Smith Road) to its intersection with the Southern border of Colquitt County, Georgia; thence run West along the Southern border of Colquitt County, Georgia, thence North along the Southern border of Colquitt County, Georgia, thence West along the Southern border of Colquitt County, Georgia, to the intersection of the Southern border of Colquitt County, Georgia, with the intersection of the Western border of Colquitt County, Georgia; thence run in a general Northerly direction along the Western border of Colquitt County Georgia to the Point of Beginning. Education District No. 4 Begin at the intersection of the Southern boundary of Colquitt County, Georgia, with the center line of County Road No. 115 (Smith Road) and from said point of beginning run in a Northerly direction along the center line of County Road No. 115 to its intersection with the center line of County Road No. 15 (Landfill Road); thence proceed West along the center line of County Road No. 15 (Landfill Road) to its intersection with the center line of U. S. Highway 319 (Georgia State Highway No. 35); thence proceed Northeasterly along the center line of U. S. Highway No. 319 (Georgia Hwy. 35), and continuing along same as same becomes the East By-Pass of Moultrie, Georgia, and continuing along the center line of the East By-Pass of Moultrie, Colquitt County, Georgia, Page 3730 to the intersection of the center line of the East By-Pass of Moultrie, Colquitt County, Georgia, with the City Limits of Moultrie, Georgia; thence proceed West along the City Limits of Moultrie, Georgia; thence proceed in a Northerly direction; thence in a Westerly direction; thence in a Northerly direction; thence in a Easterly direction; thence in a Southeasterly direction, thence in a Northwesterly direction; thence in a Westerly direction; thence in a Southerly direction; thence in a Southeasterly direction; thence in a Southern direction; thence in a Northwesterly direction; thence in a Southerly direction; thence in a Westerly direction; thence in a generally Northerly direction to the intersection of the City Limits of Moultrie, Georgia, with the center line of the Lower Meigs Road (State Route 1205); thence run in a general Northeasterly direction along the center line of said Lower Meigs Road (State Route 1205) to its intersection with the center line of the Thomasville Highway (U. S. Hwy. 319 and Georgia Hwy. 35); thence proceed in a Northerly direction along the center line of the Thomasville Highway (U. S. Hwy. 319 and Georgia Hwy. 35), and continue along same as same becomes South Main Street of Moultrie, Georgia, thence continue along same as same becomes North Main Street, Moultrie, Georgia, to the intersection of the center line of North Main Street, Moultrie, Georgia, (U. S. Hwy. 319 and Georgia Hwy. 35) with the center line of the Seaboard Coast Line Railroad right of way; thence proceed with a Southeasterly direction along the center of the Seaboard Coast Line Railroad right of way to the intersection of said right of way with the center of the run of Okapilco Creek; thence continue in a Southerly and a Southeasterly direction along the center of the run of Okapilco Creek to its intersection with the City Limits of Moultrie, Georgia; thence proceed West along the City Limits of Moultrie, Georgia; thence continue in a general Southerly direction along the City Limits of Moultrie, Georgia, thence in a general Westerly direction along the City Limits of Moultrie, Georgia; thence in a general Southerly direction along the City Limits of Moultrie, Georgia, to the intersection of said city limits with the center line of the Tallokas Road (State Route 1209); thence proceed in a general Southeasterly direction along the center line of the Tallokas Page 3731 Road (State Route 1209) to its intersection with the Southern boundary of Colquitt County, Georgia; thence run in a general westerly direction along the Southern boundary of Colquitt County, Georgia to the POINT OF BEGINNING. Education District No. 5 Begin with the intersection of the Northern boundary line of Colquitt County, Georgia, with the center line of State Route 1946 (Sumner Road) and proceed in a general Southerly direction along the center line of State Route 1946 (Sumner Road) to its intersection with the center line of U. S. Highway 319 (Georgia Hwy. 35); thence proceed in a Southwesterly direction along the center line of U. S. Highway 319 (Georgia Hwy. 35) to its intersection with the center line of Georgia Highway 33 (Sylvester Highway); thence proceed in a Northerly direction along the center line of Georgia Highway 33 (Sylvester Highway) to its intersection with the center line of County Road No. 241 (Buttermilk Alley); thence proceed West along the center line of County Road No. 241 to its intersection with the center line of Georgia Highway No. 133 Alt. (S1751); thence proceed in a Northwesterly direction along the center line of Georgia Highway No. 133 Alt. to its intersection with the center of the run of the Ochlockonee River; thence proceed in a Southerly; thence Southeasterly; thence Southerly direction along the center of the run of the Ochlockonee River to the intersection of the center of the run of the Ochlockonee River with the concurrent City Limits of Moultrie, Georgia and Riverside, Georgia; thence proceed in a Northwesterly direction along the City Limits of Moultrie, Georgia, to the intersection of the City Limits of Moultrie, Georgia, with the center line of Georgia Highway No. 111; thence run Southwesterly along the center line of Georgia Highway No. 111 to its intersection with the center line of County Road No. 303 (Dunn Road); thence run West along the center line of County Road No. 303 (Dunn Road) to its intersection with the center line of County Road No. 52; thence run North along the center line of County Road No. 52 to its intersection with the center line of State Highway No. 37; thence proceed Page 3732 in a Northwesterly direction along the center line of State Highway No. 37 to its intersection with the center line of County Road No. 24; thence run in a Southerly, Westerly, and Southerly direction along the center line of County Road No. 24 to its intersection with the center line of County Road No. 303 (Dunn Road); thence continue in a general Westerly direction along the center line of County Road No. 303 (Dunn Road) to the intersection of the center line of State Highway No. 202 (Thigpen Trail); thence run North along the center line of State Highway No. 202 to its intersection with the center line of County Road No. 225; thence run in a Westerly and Southwesterly direction along the center line of County Road No. 225 to its intersection with the center line of County Road No. 323; thence run in a generally Westerly direction along the center line of County Road No. 323 to its intersection with the Western boundary of Colquitt County, Georgia; thence run North along the Western boundary of Colquitt County, Georgia, to the Northern boundary of Colquitt County, Georgia; thence run East along the Northern boundary of Colquitt County, Georgia, to the POINT OF BEGINNING. Education District No. 6 Begin at the intersection of the Eastern boundary of Colquitt County, Georgia, with the center line of Georgia Highway No. 37 (Adel Highway) and run thence in a general Westerly direction along the center line of Georgia Highway No. 37 (Adel Highway) to its intersection with the center line of County Road No. 238 (Industrial Boulevard); thence run South along the center line of County Road No. 238 (Industrial Boulevard) to its intersection with the City Limits of Moultrie, Georgia; thence run West along the City Limits of Moultrie, Georgia, to their intersection with the center of the railroad right of way of the Seaboard Coast Line Railroad; thence run in a general Northwesterly direction along the center of the railroad right of way of the Seaboard Coast Line Railroad to its intersection with the center of the run of the Okapilco Creek; thence run in a general Southerly and Southeasterly direction along the center of the run Page 3733 of the Okapilco Creek to its intersection with the City Limits of Moultrie, Georgia; thence run West along the City Limits of Moultrie, Georgia; thence South along said City Limits; thence in a general Westerly direction along the City Limits of Moultrie, Georgia, thence South along the City Limits of Moultrie, Georgia, to their intersection with the center line of the Tallokas Road (State Route No. 1209); thence run in a Southeasterly direction along the center line of the Tallokas Road (State Route No. 1209) to its intersection with the Southern boundary of Colquitt County, Georgia; thence run East along the Southern boundary of Colquitt County, Georgia, to the Eastern boundary of Colquitt County, Georgia; thence run in a Northerly and a Northeasterly direction along the Eastern boundary of Colquitt County, Georgia, to the POINT OF BEGINNING. (b) When the description of any education district in subsection (a) of this section refers to the city limits of Moultrie, such reference is to the city limits as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (c) Any part of the Colquitt County School District which is not included in the description of Education Districts No. 1 through 6 shall be a part of that adjacent education district which includes the least population according to the United States decennial census of 1980 for the State of Georgia. Section 7. All laws and parts of laws in conflict with this Act are repealed. Section 2. As soon as is lawfully permissible and reasonably practicable, the election superintendent of Colquitt County shall call and conduct an election for the purpose of submitting this Act to the electors of the Colquitt County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Colquitt County. The ballot shall have written or printed thereon the words: Page 3734 () YES () NO Shall the Act be approved which changes the composition of the board of education of the Colquitt County School District? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Colquitt County School District. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Georgia Law 1970, Page 2582); to provide for all related matters; and for other purposes. This 31st day of January, 1986. /s/ Hugh Matthews W-Feb. 5 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Matthews, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following date: February 5, 1986. /s/ Hugh D. Matthews Representative, 145th District Page 3735 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. COLQUITT COUNTY BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; COMPENSATION; QUORUM. No. 817 (House Bill No. 1809). AN ACT To amend an Act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 4120), so as to change the composition and method of election of the board of commissioners; to provide for commissioner districts for the election of members of the board; to change the compensation of members of the board; to revise and comprehensively restate the law relating to the board; to provide for terms of office, vacancies in office; quorum and majority required for action, and all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 4120), is amended by striking Sections 1 through 24 in their Page 3736 entirety and inserting in their place new Sections 1 through 24 to read as follows: Section 1. Board of commissioners re-created. There is hereby re-created a Board of Commissioners of Colquitt County who, together with their successors in office, shall have full jurisdiction and control over all county matters in Colquitt County of whatever nature, except such matters as may otherwise be provided for in this Act or such matters that have by general law been conferred to some other officer. All powers and duties heretofore exercised by the Board of Commissioners of Colquitt County, except as may otherwise be provided for by this Act, shall be exercised by the board herein provided for. The term `board,' whenever used herein, shall mean the Board of Commissioners of Colquitt County, including the chairman and all members. Section 2. Commissioner districts. For purposes of electing the members of the board of commissioners, Colquitt County is divided into seven commissioner districts as provided in Section 22 of this Act. Each member shall be elected by only the voters of the commissioner district he represents and not by the voters of the county at large, except that the member to represent Commissioner District No. 7, which consists of the entire county, shall be elected by the voters of the entire county. Section 3. Election and terms of office of members. (a) Each person serving on the board of commissioners on the effective date of this section shall continue to serve until his present term of office shall expire. At the general election in 1986, there shall be elected one commissioner from each of Commissioner Districts No. 1, 3, 5, 6, and 7, whose terms shall commence on the first day of January, 1987. There shall be elected at the general election in 1988, one commissioner from each of Commissioner Districts No. 2, 4, and 6 whose terms shall commence on January 1, 1989. Each commissioner shall be a resident of the district he is elected to represent and shall possess the qualifications prescribed by law for members of the General Assembly. (b) The term of office of each commissioner shall be four years and until his successor is elected and qualified, except Page 3737 that the term of office for the commissioner from Commissioner District No. 6 elected in 1986 shall be two years, beginning January 1, 1987. All of the electors of Colquitt County shall be eligible to cast their vote for the candidate of their choice offering for election to the board from Commissioner District No. 7. Each member to represent Commissioner Districts No. 1 through 6 shall be voted on and elected only by the voters of the commissioner district he represents. Section 4. Bond and oaths. Each commissioner before entering upon the duties of his office shall give a good and sufficient bond to be approved by the probate judge of said county payable to the County of Colquitt in the sum of $1,000.00 conditioned that he will faithfully discharge the duties of his office and will account to the county for any misappropriation participated in by him of any of the public funds passing under the control of the board. Each commissioner shall be commissioned by the Governor upon giving bond as hereinbefore prescribed and taking the usual civil oath; provided, however, when a commissioner is elected to fill a vacancy as hereinafter provided, such commissioner upon taking the oath and signing his bond shall enter at once on the discharge of his duties as commissioner and shall be allowed 30 days in which to have his commission issued in compliance with this section. Section 5. Vacancies. Should a vacancy occur on said board, it shall be the duty of the probate judge or election superintendent of Colquitt County to call a special election, to be held in the necessary voting districts of Colquitt County, said call to issue within ten days after the vacancy shall become known to the probate judge. Should a vacancy occur within 60 days prior to a regular election, the special election shall be held at the same time as the regular election. The election shall be advertised in the official organ of said county at least two times before the election shall be held, and the probate judge or election superintendent shall, if the probate judge or election superintendent deems necessary, have notices posted in all the necessary districts or at the applicable voting precincts in said county. On the day following the special election, the probate judge or election superintendent shall canvass the returns of the special election, declare and certify the results, and the commissioner thus elected shall Page 3738 then sign a bond as hereinabove provided, take the usual civil oath, and enter at once on the discharge of his duties as a member of the board of commissioners. Section 6. Chairman. The chairman of the Board of Commissioners of Colquitt County shall be the commissioner elected to represent Commissioner District No. 7, and before entering upon the discharge of his duties as chairman, he shall give bond in the sum of $1,000.00, said bond to be approved by the other four members of the board of commissioners and by the probate judge of said county and be recorded in the office of the probate judge, conditioned that he will faithfully perform all the duties incumbent upon him as chairman and by virtue of his office, and will faithfully account for all funds coming into his hands and passing under his control or expended by virtue of his direction. Section 7. Clerk. The board shall keep and maintain an office open not less than five days per week, with the exception of weeks containing legal holidays, at the courthouse or the governmental building of said county; and to this end, the county administrator may appoint a clerk to keep the office open, which clerk shall keep the minutes and a full record of the proceedings of the board, keep a full financial record under the direction of the county administrator, and attend to all other matters that may be required by the board in connection with said office. The clerk shall receive a salary to be fixed by the board. The county administrator shall be ultimately responsible for the conduct or misconduct of the clerk, and it shall be the duty of the county administrator to see that the clerk faithfully performs the work of the office. The clerk shall hold office at the discretion of the county administrator and may be discharged at will by the county administrator for cause, or at will by the county administrator without cause upon one month's notice to the clerk. The clerk, before entering upon the discharge of the duties of his office, shall give a surety bond signed by a surety company licensed to do business in this state to be approved by the board of commissioners and the Probate Judge of Colquitt County, in the sum of $10,000.00, payable to the probate judge and his successors in office, and conditioned upon the satisfactory discharge of his duties in carrying out the conditions thereof, which bond may be Page 3739 sued upon in the name of the probate judge either on his own motion or by direction of the grand jury of the county. Section 8. Compensation. The members of the board, other than the chairman, shall receive as compensation for their services not less than $3,000.00 per annum, nor more than $4,200.00 per annum, the same to be paid in equal biweekly installments from the funds of Colquitt County. The compensation and salary of the chairman of the board for his services, shall be not less than $3,600.00 per annum, nor more than $4,800.00 per annum, payable in equal biweekly installments from the funds of Colquitt County. The salaries of the chairman and other board members shall be set by the board of commissioners at the first meeting of the board in July of each year and shall not be subject to change during the fiscal year for which said salaries have been set. The members of the board of commissioners shall be reimbursed for such necessary expenses as they may incur in the performance of the official duties of their office. The members of said board may submit an itemized statement for expenses incurred during the preceding month and upon approval by the board of commissioners, said expenses shall be paid from the funds of Colquitt County. Additionally or alternatively, the board may provide for reimbursement to all board members in the form of a regular monthly expense payment in an amount to be determined by the board. Section 9. County Administrator. There is hereby created the office of County Administrator of Colquitt County. The county administrator shall be appointed by a majority vote of the board. No member of the board shall be appointed county administrator or acting county administrator during the term of office for which he was elected or for a period of one year thereafter. Section 10. Compensation of county administrator. The county administrator shall be paid an annual salary to be fixed by the board. Section 11. Qualifications of county administrator. The county administrator shall be chosen by the board solely upon the basis of his executive and administrative qualifications with special reference to his actual experience in, or Page 3740 knowledge of, accepted practices in respect to the duties of his office as hereinafter set forth. He shall be appointed in January of each year for a period of 12 months. He shall be subject to removal from office at any time for just cause. He shall be subject to removal from office without cause after having received six months' notice of such removal. Section 12. Duties of county administrator. The county administrator shall be the chief executive officer of the County of Colquitt and head of the administrative branch of the county government. He shall be responsible to the board for the proper administration of all affairs of the county, except as otherwise provided by law, and it shall be his duty: (a) To appoint and remove all officers and employees of the county which the commissioners have been heretofore empowered to appoint and discharge, except the county attorney and county physician, who shall be appointed by the board; (b) To see that all rules and regulations adopted by the board are enforced; (c) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created; (d) To attend all meetings of the board, with the right to take part in the discussion; provided he shall have no vote before the board; (e) To prepare and submit to the board an annual budget; (f) To keep the board fully advised as to the financial condition and needs of the county; (g) To appoint and remove the clerk of the board, the assistant clerk, as well as the county warden, and all other officers and employees of the county, except as otherwise provided; and (h) To perform such other duties as may be required of him by the board. Page 3741 Section 13. Additional duties of county administrator. (a) The county administrator shall be the chief purchasing agent for the county, by whom all purchases of supplies and all contracts therefor shall be made. He shall countersign with the chairman all vouchers for the payment of the same under such rules and regulations as the board may adopt, not inconsistent herewith. The board shall adopt rules for regulating purchases made by the county and the county administrator shall be governed thereby. In no event shall the county administrator be authorized to spend in excess of $2,500.00 for the purchase of any item for use by the county without the prior consent of a majority of the duly qualified members of the board. (b) The county administrator is further vested with the authority to countersign with the chairman all payroll checks for the employees of Colquitt County. (c) The county administrator shall be directly responsible for the construction and maintenance of all roads and bridges under the jurisdiction of Colquitt County. He shall also appoint a county warden whose primary duties shall be to supervise the operation of the county farm and the Colquitt County Correctional Institution. Section 14. County administrator reports; bond. (a) The board shall have the right to require the county administrator to go before them at any time and make such report or reports as they may deem necessary. (b) The county administrator shall be required to execute and deliver a good and sufficient bond payable to the board, to be approved by them, conditioned upon the faithful performance of his duties, the amount thereof to be determined by the board. (c) The county administrator shall devote his full time to his office, and shall hold no other office or employment while so engaged. Section 15. Temporary county administrator. The board may designate some qualified person to act as temporary county administrator in the absence of the county administrator, Page 3742 provided that in the absence of a person acting as county administrator or temporary county administrator, the chairman of the board shall be vested with all the rights, duties, and authority of the county administrator. Section 16. County attorney. The board shall have authority to employ a county attorney whose duties shall be to advise the board, its chairman, and the county administrator on all legal matters coming before them, and to represent the county in all matters pending in the courts when the county is a party. Said attorney shall be appointed for a term not to exceed 12 months, and at such compensation as the board may agree upon. Whenever it is deemed necessary, the board may appoint additional counsel to assist the county attorney. Section 17. County physician. The board shall have authority to employ a county physician or physicians for the purpose of giving medical attention to the prisoners, convicts, and paupers, and in any other matters requiring the service of a physician in the administration of which the board stands charged. In the employing of the county physician or physicians, the board may, in its discretion, more definitely fix and outline their duties, and shall name the amount of their compensation. Section 18. Official signature. All process, original, reissue, or final, citations, notices, deeds, and contracts issued by or on behalf of said board, shall be signed by the chairman under the teste of the clerk. Section 19. Meetings of the board. The board shall hold monthly sessions at the courthouse or the governmental building in Colquitt County on the first Tuesday and third Monday in each month. The board shall have the right to hold special and adjourned sessions when, in their discretion, the business of the county may require. Special sessions are to be called by the chairman or by a majority of the board; provided that each board member shall be personally notified not less than 72 hours prior to any such meeting. Four members of the board shall constitute a quorum at any regular and special session, but four members shall concur on any Page 3743 matter requiring official action, regardless of the number present at the meeting, except that the quorum and number of members required to take action shall remain three until January 1, 1987. Section 20. Alternative signatures. Should the chairman, administrator, or clerk be physically or mentally incapacitated, or, in the case of an emergency, absent from the county or unable to perform his respective duties for any reason, then in such event or events the vice-chairman shall be authorized to substitute his signature for, and sign in the place of, one of the above-named signatories (chairman, administrator, or clerk) in any place where the signature of such person (chairman, administrator or clerk) is required by this Act. Section 21. Duties of the board. Except as may otherwise be provided in this Act, the board shall have and be charged with the following duties, but this enumeration is not intended to change any other powers and duties which they otherwise would have or which are given them in Section 1 of this Act. It shall be their powers and duties: to manage and make contracts relative to county property, county funds, and other things due and belonging to the county; to institute and defend suits on behalf of the county; to levy such general and special taxes as may be lawfully laid for county purposes; to borrow money to be used for county purposes on credit of the county, in such cases as money may be lawfully borrowed; to buy all machinery, implements, livestock, and other things necessary for work on county projects; to establish, maintain, and abandon county roads; to audit all claims against the county; to employ auditors to audit the records of the various offices of the county and have same published; to have jurisdiction over all county buildings; to promote public health as provided by law when they deem it necessary; to grant and refuse such licenses as county authorities have a right to grant or refuse; to have full and complete jurisdiction over all county matters; and to have such other duties and powers granted from time to time by the laws of the State of Georgia to county governing authorities, which said duties and powers are expressly incorporated by reference herein. Page 3744 Section 22. Commissioner districts. For purposes of electing members of the board of commissioners, Colquitt County is divided into seven commissioner districts. Commissioner District No. 7 shall consist of the entire area of Colquitt County. Each other commissioner district shall consist of a part of Colquitt County as described in this section. When the description of any commissioner district refers to the city limits of Moultrie, such reference is to the city limits as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. Any part of Colquitt County which is not included in the description of any of Commissioner Districts No. 1 through 6 shall be a part of that adjacent one of said commissioner districts which contains the least population according to the United States decennial census of 1980 for the State of Georgia. The boundaries of the commissioner districts shall be as follows: Commissioner District No. 1 Begin at the intersection of the center lines of Main Street and First Avenue, S.W., Moultrie, Colquitt County, Georgia, and from said point of beginning run West along the center line of First Avenue S.W. to its intersection with the center line of 11th Street, S.W.; thence run North along the center line of 11th Street, S.W. to its intersection with the center line of West Central Avenue; thence run Northwesterly along the center line of West Central Avenue (also known as Camilla Road) to its intersection with the center of the run of the Ochlockonee River; thence run in a general northerly direction along the center of the run of the Ochlockonee River to its intersection with the center line of Highway 133 Alt. (S1751); thence run Southeasterly along the center line of Highway 133 Alt. (S1751) to its intersection with the center line of County Road No. 241 (Buttermilk Alley); thence run Easterly along the center line of County Road No. 241 (Buttermilk Alley) to its intersection with the center line of State Highway No. 33 (Sylvester Highway); thence run South along the center line of State Highway No. 33 to its intersection with the center line of U. S. Highway No. 319 (Georgia State Highway No. 35); thence run Southwesterly along the center line of U. S. Highway No. 319 (Georgia State Highway No. 35) to its intersection Page 3745 with the center line of North Main Street; thence run Southerly along the center line of North Main Street to the Point Of Beginning. Commissioner District No. 2 Begin at the intersection of the center line of Georgia Highway 37 East with the Eastern boundary of Colquitt County Georgia, and from said point of beginning run West along the center line of Georgia Highway No. 37 to its intersection with the center line of County Road No. 238 (Industrial Park Boulevard); thence run South along the center line of County Road No. 238 (Industrial Park Boulevard) to its intersection with the City Limits of Moultrie, Georgia; thence run West along the City Limits of Moultrie, Georgia, to the intersection of said City Limits with the center of the Seaboard Coast Line Railroad right of way; thence run westerly and northwesterly along the center of the Seaboard Coast Line railroad right of way to its intersection with the center line of North Main Street in Moultrie, Georgia; thence run Northerly along the center line of North Main Street to its intersection with the centerline of U. S. Highway No. 319 (Georgia Highway No. 35); thence run Northeasterly along the center line of U. S. Highway No. 319 (Georgia Highway No. 35) to its intersection with the center line of State Route No. 1946 (Sumner Road); thence run in a generally Northerly direction along the center line of State Route No. 1946 (Sumner Road) to its intersection with the Northern boundary of Colquitt County, Georgia; thence run in a general Easterly direction along the northern boundary of Colquitt, County, Georgia, to the intersection of the Northern boundary of Colquitt County, Georgia, with the Eastern boundary of Colquitt County, Georgia; thence run South along the Eastern boundary of Colquitt, County, Georgia, to the Point Of Beginning. Commissioner District No. 3 Begin at the intersection of the Western boundary of Colquitt County, Georgia, with the center line of County Road No. 323, and from said point of beginning run in a general easterly direction along the center line of County Road No. 323 to its intersection with the center line of County Road No. 225; thence run in a Northeastern and Page 3746 Eastern direction along the center line of County Road No. 225 to its intersection with the center line of Georgia State Highway No. 202 (Thigpen Trail), thence run South along the center line of Georgia State Highway No. 202 (Thigpen Trail) to its intersection with the center line of County Road No. 303 (Dunn Road); thence run in a general Easterly and Northeasterly direction along the center line of County Road No. 303 (Dunn Road) to its intersection with the center line of County Road No. 24; thence run in a Northerly, Easterly, and Northerly direction along the center line of County Road No. 24 to its intersection with the center line of Georgia State Highway No. 37; thence run in a Southeasterly direction along the center line of Georgia State Highway No. 37 to its intersection with the center line of County Road No. 52; thence run South along the center line of County Road No. 52 to its intersection with the center line of County Road No. 303 (Dunn Road); thence run East along the center line of County Road No. 303 (Dunn Road) to its intersection with the center line of Georgia Highway No. 111; thence run Northeasterly along the center line of Georgia Highway No. 111 to its intersection with the City Limits of Moultrie, Georgia; thence run in a Southeasterly and Northeasterly direction along the City Limits of Moultrie, Georgia; to the intersection of the City Limits of Moultrie, Georgia, with the center line of Georgia Highway No. 37; thence run East along the center line of Georgia Highway No. 37 to its intersection with the center line of 11th Street, S.W.; thence run South along the center line of 11th Street, S.W. to its intersection with the center line of First Avenue, S.W.; thence run East along the center line of First Avenue, S.W. to its intersection with the center line of Main Street; thence run South along the center line of South Main Street to its intersection with the center line of the Lower Meigs Road (State Route No. 1205; County Road No. 480); thence run in a Southwesterly direction along the center line of the Lower Meigs Road (State Route No. 1205; County Road No. 480) to its intersection with the City Limits of Moultrie, Georgia; thence continuing along the City Limits of Moultrie, Georgia, in a Southerly, thence Easterly, thence Northerly, thence Easterly, thence Northerly, thence Westerly, thence Northerly, thence Easterly, thence Southerly, thence in a Northwesterly direction, thence Westerly, thence Southerly, thence Southeasterly, thence Southerly, thence Easterly along the City Limits of Moultrie, Georgia, to the intersection Page 3747 of the said city limits with the center line of the East By-Pass; thence run in a Southwesterly direction along the center line of the East By-Pass to its intersection with the center line of U. S. Highway 319 South (Georgia State Highway No. 35 South); thence run in a Southwesterly direction along the center line of U. S. Highway 319 South (Georgia State Highway No. 35 South) to its intersection with the center line of County Road No. 15 (Landfill Road); thence run in a Easterly direction along the center line of County Road No. 15 (Landfill Road) to its intersection with the center line of County Road No. 115 (Smith Road); thence run South along the center line of County Road No. 115 (Smith Road) to its intersection with the Southern border of Colquitt County, Georgia; thence run West along the Southern border of Colquitt County, Georgia, thence North along the Southern border of Colquitt County, Georgia, thence West along the Southern border of Colquitt County, Georgia, to the intersection of the Southern border of Colquitt County, Georgia, with the intersection of the Western border of Colquitt County, Georgia; thence run in a general Northerly direction along the Western border of Colquitt County Georgia to the Point Of Beginning. Commissioner District No. 4 Begin at the intersection of the Southern boundary of Colquitt County, Georgia, with the center line of County Road No. 115 (Smith Road) and from said point of beginning run in a Northerly direction along the center line of County Road No. 115 to its intersection with the center line of County Road No. 15 (Landfill Road); thence proceed West along the center line of County Road No. 15 (Landfill Road) to its intersection with the center line of U. S. Highway 319 (Georgia State Highway No. 35); thence proceed Northeasterly along the center line of U. S. Highway No. 319 (Georgia Hwy. 35), and continuing along same as same becomes the East By-Pass of Moultrie, Georgia, and continuing along the center line of the East By-Pass of Moultrie, Colquitt County, Georgia, to the intersection of the center line of the East By-Pass of Moultrie, Colquitt County, Georgia, with the City Limits of Moultrie, Georgia; thence proceed West along the City Limits of Moultrie, Georgia; thence proceed in a Northerly direction; thence in a Westerly direction; thence in a Northerly direction; thence in a Easterly direction; Page 3748 thence in a Southeasterly direction, thence in a Northwesterly direction; thence in a Westerly direction; thence in a Southerly direction; thence in a Southeasterly direction; thence in a Southern direction; thence in a Northwesterly direction; thence in a Southerly direction; thence in a Westerly direction; thence in a generally Northerly direction to the intersection of the City Limits of Moultrie, Georgia, with the center line of the Lower Meigs Road (State Route 1205); thence run in a general Northeasterly direction along the center line of said Lower Meigs Road (State Route 1205) to its intersection with the center line of the Thomasville Highway (U. S. Hwy. 319 and Georgia Hwy. 35); thence proceed in a Northerly direction along the center line of the Thomasville Highway (U. S. Hwy. 319 and Georgia Hwy. 35), and continue along same as same becomes South Main Street of Moultrie, Georgia, thence continue along same as same becomes North Main Street, Moultrie, Georgia, to the intersection of the center line of North Main Street, Moultrie, Georgia, (U. S. Hwy. 319 and Georgia Hwy. 35) with the center line of the Seaboard Coast Line Railroad right of way; thence proceed with a Southeasterly direction along the center of the Seaboard Coast Line Railroad right of way to the intersection of said right of way with the center of the run of Okapilco Creek; thence continue in a Southerly and a Southeasterly direction along the center of the run of Okapilco Creek to its intersection with the City Limits of Moultrie, Georgia; thence proceed West along the City Limits of Moultrie, Georgia; thence continue in a general Southerly direction along the City Limits of Moultrie, Georgia, thence in a general Westerly direction along the City Limits of Moultrie, Georgia; thence in a general Southerly direction along the City Limits of Moultrie, Georgia, to the intersection of said city limits with the center line of the Tallokas Road (State Route 1209); thence proceed in a general Southeasterly direction along the center line of the Tallokas Road (State Route 1209) to its intersection with the Southern boundary of Colquitt County, Georgia; thence run in a general westerly direction along the Southern boundary of Colquitt County, Georgia to the POINT OF BEGINNING. Commissioner District No. 5 Begin with the intersection of the Northern boundary line of Colquitt County, Georgia, with the center line of State Page 3749 Route 1946 (Sumner Road) and proceed in a general Southerly direction along the center line of State Route 1946 (Sumner Road) to its intersection with the center line of U. S. Highway 319 (Georgia Hwy. 35); thence proceed in a Southwesterly direction along the center line of U. S. Highway 319 (Georgia Hwy. 35) to its intersection with the center line of Georgia Highway 33 (Sylvester Highway); thence proceed in a Northerly direction along the center line of Georgia Highway 33 (Sylvester Highway) to its intersection with the center line of County Road No. 241 (Buttermilk Alley); thence proceed West along the center line of County Road No. 241 to its intersection with the center line of Georgia Highway No. 133 Alt. (S1751); thence proceed in a Northwesterly direction along the center line of Georgia Highway No. 133 Alt. to its intersection with the center of the run of the Ochlockonee River; thence proceed in a Southerly; thence Southeasterly; thence Southerly direction along the center of the run of the Ochlockonee River to the intersection of the center of the run of the Ochlockonee River with the concurrent City Limits of Moultrie, Georgia and Riverside, Georgia; thence proceed in a Northwesterly direction along the City Limits of Moultrie, Georgia, to the intersection of the City Limits of Moultrie, Georgia, with the center line of Georgia Highway No. 111; thence run Southwesterly along the center line of Georgia Highway No. 111 to its intersection with the center line of County Road No. 303 (Dunn Road); thence run West along the center line of County Road No. 303 (Dunn Road) to its intersection with the center line of County Road No. 52; thence run North along the center line of County Road No. 52 to its intersection with the center line of State Highway No. 37; thence proceed in a Northwesterly direction along the center line of State Highway No. 37 to its intersection with the center line of County Road No. 24; thence run in a Southerly, Westerly, and Southerly direction along the center line of County Road No. 24 to its intersection with the center line of County Road No. 303 (Dunn Road); thence continue in a general Westerly direction along the center line of County Road No. 303 (Dunn Road) to the intersection of the center line of State Highway No. 202 (Thigpen Trail); thence run North along the center line of State Highway No. 202 to its intersection with the center line of County Road No. 225; thence run in a Westerly and Southwesterly direction along the center line of County Road Page 3750 No. 225 to its intersection with the center line of County Road No. 323; thence run in a generally Westerly direction along the center line of County Road No. 323 to its intersection with the Western boundary of Colquitt County, Georgia; thence run North along the Western boundary of Colquitt County, Georgia, to the Northern boundary of Colquitt County, Georgia; thence run East along the Northern boundary of Colquitt County, Georgia, to the POINT OF BEGINNING. Commissioner District No. 6 Begin at the intersection of the Eastern boundary of Colquitt County, Georgia, with the center line of Georgia Highway No. 37 (Adel Highway) and run thence in a general Westerly direction along the center line of Georgia Highway No. 37 (Adel Highway) to its intersection with the center line of County Road No. 238 (Industrial Boulevard); thence run South along the center line of County Road No. 238 (Industrial Boulevard) to its intersection with the City Limits of Moultrie, Georgia; thence run West along the City Limits of Moultrie, Georgia, to their intersection with the center of the railroad right of way of the Seaboard Coast Line Railroad; thence run in a general Northwesterly direction along the center of the railroad right of way of the Seaboard Coast Line Railroad to its intersection with the center of the run of the Okapilco Creek; thence run in a general Southerly and Southeasterly direction along the center of the run of the Okapilco Creek to its intersection with the City Limits of Moultrie, Georgia; thence run West along the City Limits of Moultrie, Georgia; thence South along said City Limits; thence in a general Westerly direction along the City Limits of Moultrie, Georgia, thence South along the City Limits of Moultrie, Georgia, to their intersection with the center line of the Tallokas Road (State Route No. 1209); thence run in a Southeasterly direction along the center line of the Tallokas Road (State Route No. 1209) to its intersection with the Southern boundary of Colquitt County, Georgia; thence run East along the Southern boundary of Colquitt County, Georgia, to the Eastern boundary of Colquitt County, Georgia; thence run in a Northerly and a Northeasterly direction along the Eastern boundary of Colquitt County, Georgia, to the POINT OF BEGINNING. Page 3751 Commissioner District No. 7 Commissioner District No. 7 shall be composed of the entire county of Colquitt County, Georgia. Section 23. Invalidity of parts of this Act. If any section, subsection, paragraph, sentence, or part thereof of this Act shall be held invalid, ineffective, or unconstitutional, such invalidity, ineffectiveness, or unconstitutionality shall not affect or impair other parts of this Act, it being the intent in enacting this Act that each section, subsection, paragraph, and sentence, or part thereof, be enacted separately and independently of each other. Section 24. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the Regular 1986 Session of the General Assembly of Georgia a bill to amend an act recreating the Board of Commissioners of Colquitt County, approved March 22, 1974, (Ga. L. 1974, P. 3078), so as to change the method of election of the members of the Board of Commissioners; to provide that each member of the board shall be elected only by the voters of the district he represents; to provide for all related matters; to repeal conflicting law; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Matthews, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following date: January 29, 1986. /s/ Hugh D. Matthews Representative, 145th District Page 3752 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 12, 1986. CITY OF ACWORTHMAYOR AND ALDERMEN; ELECTIONS; QUALIFICATIONS; TERMS; REFERENDUM. No. 819 (Senate Bill No. 592). AN ACT To amend an Act creating a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, so as to change the provisions relating to the election of the mayor and aldermen; to provide for qualifications; to provide for entrance fees; to provide for election procedures; to provide for elections and run-off elections; to provide for staggered four-year terms of office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) The corporate powers of the City of Acworth shall be vested in a mayor and a board of aldermen. The board of aldermen shall consist of five members. Any person shall be eligible for the office of mayor or alderman who is qualified under Georgia law and who is a bona fide Page 3753 resident of said city at the time of such person's election and is a qualified voter of said city, provided that any candidate for the office of mayor or alderman shall register as a candidate for said office with the municipal election superintendent no earlier than 40 days and no later than 30 days prior to the general election and shall pay an entrance fee as prescribed by the mayor and board of aldermen by resolution duly passed. (b) The mayor and five aldermen shall be elected by a majority vote of the qualified voters voting in a general election held for the purpose. The five offices of aldermen shall be designated as Alderman Post 1, Alderman Post 2, Alderman Post 3, Alderman Post 4, and Alderman Post 5. Any person desiring to offer as a candidate for alderman shall designate the alderman post for which such person is announcing. In instances where one of the candidates for mayor or one of the candidates for any of the aldermanic posts does not receive a majority of the votes cast at the election held on the last Saturday in October, a run-off election shall be held between the two candidates for mayor and between the two candidates for any of the aldermanic posts receiving the highest number of votes. Said run-off election shall be held on the second Saturday in November. The candidate for mayor or for any of the aldermanic posts receiving a majority of votes cast in such run-off election shall be declared the winner. Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. At the first election to be held under the provisions of this Act on the last Saturday in October, 1986, or at the run-off election, if any is required, the aldermen for Post No. 4 and Post No. 5 and the mayor shall be elected for terms of three years and until their successors are elected and qualified and shall take office on the first day of January, 1987. The next election to be held under the provisions of this Act shall be held on the last Saturday in October, 1987. At the election to be held on the last Saturday in October, 1987, and at the run-off election, if any is required, the aldermen for Post No. 1, Post No. 2, and Post No. 3 shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January, 1988. The next election to be held under Page 3754 the provisions of this Act shall be held on the last Saturday in October, 1989. At the election to be held on the last Saturday in October, 1989, and at the run-off election, if any is required, the aldermen for Post No. 4 and Post No. 5 and the mayor shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January, 1990. Thereafter, elections shall be held on the last Saturday in October in the year prior to expiration of the terms of the mayor and respective aldermen, and at any run-off elections. The mayor and aldermen elected at such elections shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Acworth shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Acworth for approval or rejection. The election superintendent shall conduct that election on the first Saturday in May, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Acworth. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the terms of office of the mayor and board of aldermen of the City of Acworth and provides for staggered four-year terms of office? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. Page 3755 The expense of such election shall be borne by the City of Acworth. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. L-554 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended; and for other purposes. This 5th day of February, 1986. /s/ Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 14, 1986. Page 3756 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY GROUP INSURANCE AND RETIREMENT PLANS; COLLECTIVE BARGAINING; ARBITRATION. No. 820 (House Bill No. 1204). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to delete certain provisions regarding the participation by part-time and contract employees in group insurance and retirement plans; to authorize the recognition of and collective bargaining with authorized representatives of employees of the Authority; to provide for definitions; to provide for grievance arbitration; to require, regarding labor agreements, good faith collective bargaining to impasse if necessary; to provide for fact-finding and the procedures and conditions relating thereto; to provide for interest arbitration and the procedures and conditions relating thereto; to provide for factors to be considered in fact-finding and interest arbitration; to prohibit strikes and work stoppages and certain conduct relating thereto; to prohibit certain wage and benefit changes by the Authority pending establishment of new wages and benefits; to specify certain management rights; to provide for judicial determination of certain wage issues; to provide for jurisdiction of the Superior Court of Fulton County over certain matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking from the end of subsection (b) of Section 8 thereof, relating to general powers, the following: ,provided that no part-time or contract employee shall participate in group insurance or retirement benefits, so that when so amended that subsection (b) shall read as follows: Page 3757 (b) The power to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the Authority, but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants and advisors, allowing them suitable compensation and to make provisions for group insurance, retirement or other employee benefit arrangements. Section 2. Said Act is further amended by striking subsection (b) of Section 20, regarding rules and regulations of the board, which reads as follows: (b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for bargaining with its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transportation system. (2) The Authority shall submit labor disputes to binding grievance arbitration. Any labor dispute between the Authority and the authorized representative of its employees which involves the formulation of contract provisions governing matters other than wages, which dispute cannot be settled by collective bargaining within 60 days after the expiration of a labor agreement between the Authority and the authorized representative, shall be submitted to fact-finding under paragraph (5) of this subsection (b) and, if the dispute cannot be settled by collective bargaining by the earlier of 15 days following the issuance of the fact-finding report or 120 days after the expiration of the labor agreement, the dispute shall be submitted to binding interest arbitration. Any labor dispute involving the formulation of contract provisions governing wages may, with the consent of both parties, be submitted to binding interest arbitration. As used in this subsection (b), `interest arbitration' shall mean arbitration which determines or formulates the terms and conditions of a labor agreement between the Authority Page 3758 and the authorized representative, including the formulation of contract provisions governing wages, hours, and working conditions. As used in this subsection (b), `grievance arbitration' shall mean arbitration of a dispute between the Authority and the authorized representative acting on behalf of an employee which involves the application or interpretation of the terms and conditions of an existing labor agreement. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of a labor agreement between the Authority and the authorized representative. No award in arbitration and no labor agreement entered into by the Authority may dilute, diminish, or impair the inherent management rights of the Authority, which shall include, by way of illustration and not by way of limitation, the following: (A) The right to direct, appoint, employ, assign, respecting rights of seniority, and promote officers, agents, and employees and to determine the standards therefor; (B) The right to discharge and terminate employees for just cause; (C) The right to plan and determine the levels of service to be provided by the Authority; (D) The right, respecting rights of seniority, to assign work and the right to establish the standards of productivity of employees; (E) The right to determine whether goods or services, other than the operating of buses or rail vehicles, should be contracted for, leased, purchased, or otherwise acquired on either a permanent or temporary basis, provided that no employees of the Authority are laid off as a result of this subparagraph (E); (F) The right to hire part-time employees without payment of fringe benefits afforded to full-time employees, except that no part-time employee shall work more than 25 hours per week; and Page 3759 (G) The right, respecting rights of seniority, to establish the number of regular hours that may be worked by an employee in any one week, not to exceed 40 regular hours, and to establish the number of overtime hours that may be worked by an employee in any one week, not to exceed ten overtime hours. (3) Any neutral arbitrator appointed or selected to decide or determine any interest arbitration between the Authority and the authorized representative of any of its employees shall be a resident of either Fulton County or DeKalb County and must meet the standards established by the American Arbitration Association. (4) In any interest arbitration between the Authority and an authorized representative, the arbitrators shall consider and give weight primarily to the following factors in determining their award: (A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase (or improvement in fringe benefits or extension of vacation, holiday, or excused time) and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's represented employees and Page 3760 other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (E) The cost of consumer goods and services within the metropolitan area; (F) Any stipulation entered into between the Authority and the authorized representative. (5) Prior to any interest arbitration to determine, in whole or in part, the wages, hours, or working conditions of any employee of the Authority, the Authority and the authorized representative shall select (or failing their agreement within a reasonable period of time, the Presiding Judge of the Superior Court of Fulton County shall appoint) a neutral fact finder to explore the issues and render a report to the Authority, the authorized representative concerned, and the public. The report shall recommend appropriate wages, hours, and working conditions for the Authority employees and shall set forth supporting factual findings, determined with due and proper consideration of the factors set forth in paragraph (4) of this subsection (b). No interest arbitration proceedings may commence until a 15 day period following the issuance of said report has expired to give the Authority and said authorized representative an opportunity to continue collective bargaining in good faith during said 15 day period. (6) In enacting this subsection (b), the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the State to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection (b). (7) No employee of the Authority shall engage in any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall Page 3761 cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not increase, decrease, or otherwise change the wages (including accrued cost-of-living allowances) or fringe benefits of employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or arbitration. (8) Officers and employees of the Authority, other than the general manager, who are not covered by a labor agreement between the Authority and the authorized representatives of its employees shall receive no greater increase in salaries, wages, and fringe benefits than the average percentage increase in salaries, wages, and fringe benefits granted to employees covered by that labor agreement., and inserting in its place a new subsection (b) to read as follows: (b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings: (A) `Authorized representative' means the collective bargaining agent for a class of employees, recognized for such purposes by the Board. (B) `Collective bargaining' or `collectively bargain' means performing the mutual obligation of the Authority and the authorized representatives of represented employees to negotiate, in good faith and to impasse, if necessary, over wages, hours, and other terms and conditions of employment with the bona fide intention of reaching a negotiated agreement. (C) `Grievance arbitration' means arbitration of a dispute between the Authority and the authorized Page 3762 representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and conditions of that labor agreement to the claims of one or more employees. (D) `Interest arbitration' means arbitration which determines or formulates, in whole or in part, the terms and conditions of a labor agreement between the Authority and the authorized representative, including the formulation of contract provisions governing wages, hours, and working conditions. (E) `Labor agreement' means an agreement, including any agreement respecting pension or retirement benefits for represented employees, between the Authority and the authorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and conditions of employment for represented employees of the Authority. (F) `Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative. (3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of an existing labor agreement. (4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, within 60 days after expiration of an existing labor agreement, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement Page 3763 within a reasonable period of time and upon the petition of either or both parties, the Governor shall appoint a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. (5) The fact finder's report shall recommend as to all unresolved collective bargaining issues submitted for fact-finding appropriate wages, hours, and other terms and conditions of employment for represented employees, shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact finder shall be issued within 90 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, Page 3764 the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding. (6) Upon issuance of the fact finder's report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finder's recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finder's recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the party's counterproposal on the issue or issues, and the reasons for rejecting the fact finder's recommendations. Prior to the commencement of any interest arbitration proceeding, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finder's report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then request interest arbitration as to any unresolved issues between the parties and such issues shall be submitted to binding interest arbitration, except that the issue of wage rates for represented employees shall be submitted to interest arbitration only with the consent of both parties. The neutral arbitrator for such proceeding shall be compensated and selected or appointed in the same manner as the neutral fact finder, as set forth in paragraph (4) of this subsection, and shall be a resident of either Fulton County or DeKalb County. In the event that any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted to interest Page 3765 arbitration, the parties shall continue to collectively bargain with respect to such issues in a good faith effort to reach agreement on such issues or to agree upon the terms and conditions of a stipulation or submission agreement to be submitted to interest arbitration, as provided in this paragraph. (8) In any interest arbitration under this subsection, the arbitrators shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such arbitration. In determining their award, the arbitrators shall also give weight both to the report of the neutral fact finder and to the following factors: (A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and Page 3766 (E) The cost of consumer goods and services within the metropolitan area. (8.1) If within 60 days following the issuance of the factfinder's report the Authority and the authorized representatives are unable to resolve the issue of wage rates for represented employees and that issue has not then been submitted to binding interest arbitration, either party may submit that issue to the senior judge in time of service of the Superior Court of Fulton County, in even-numbered years, or the senior judge in time of service of the Superior Court of DeKalb County, in odd-numbered years, to resolve that issue. That judge, without a jury, shall decide the wage issue within 60 days after submission thereto and the Authority and the authorized representatives shall be bound by that decision and there shall be no appeal from that decision. That judge may require the Authority and the authorized representatives to provide that judge with such information as that judge determines to be necessary in the resolving of the wage issue submitted. (9) No employee of the Authority shall engage in any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote, or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages, including accrued cost-of-living allowances, or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or arbitration. (10) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. (11) In enacting this subsection, the General Assembly recognizes that arbitration ousts the jurisdiction of Page 3767 the courts and declares that it is appropriate for the state to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. L-684 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. /s/ John W. Greer John W. Greer, Chairman Martoc Representative, 39th District 12:20,27 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 20, 1985. /s/ John W. Greer Representative, 39th District Page 3768 Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. John W. Greer, Chairman Martoc Representative, 39th District 19-17-65 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily Clayton which is the official organ of Fulton County, on the following date: December 17, 1985. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Page 3769 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. John W. Greer, Chairman Martoc Representative, 39th District 16-2517,12/19 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: December 19, 1985. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill Page 3770 to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. John W. Greer, Chairman Martoc Representative, 39th District Dec. 16, 1985Reg-2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: December 16, 1985. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Page 3771 Laws 1965 p. 2243) as amended; to repeal conflicting Laws; and for other purposes. This 9th day of December, 1985. /s/ John W. Greer, John W. Greer, Chairman Martoc Representative, 39th District Dec. 20-1tc G 4657 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: December 20, 1985. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 14, 1986. Page 3772 COLUMBUS, GEORGIA AND MUSCOGEE COUNTY SCHOOL SYSTEM MERGER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 821 (House Bill No. 510). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 30 (House Resolution 92-465A) enacted at the 1947 session of the General Assembly and which was duly ratified at the 1948 general election (Ga. L. 1947, p. 1768) and which relates to the merger of the independent school system of the City of Columbus and the school district of Muscogee County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 30 (House Resolution 92-465A) enacted at the 1947 session of the General Assembly and which was duly ratified at the 1948 general election (Ga. L. 1947, p. 1768) and which relates to the merger of the independent school system of the City of Columbus and the school district of Muscogee County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LOCAL LEGISLATION. Notice is hereby given of intention to introduce at the regular 1985 session of the General Assembly of Georgia for passage Page 3773 a local bill to continue in force and effect as a part of the Constitution of the State of Georgia that Constitutional Amendment which was proposed by Resolution Act No. 30 (House Resolution 92-465A) enacted at the 1947 session of the General Assembly and which was duly ratified at the 1948 general election and which relates to the merger of the independent school system of the City of Columbus and the school district of Muscogee County, pursuant to Article XI, Section I, Paragraph IV of the Constitution of Georgia, which authorizes the continuation of certain amendments to the Constitution. This 20th day of December, 1984. Braxton A. Nail Superintendent of Education Muscogee County School District Pub.Dec.27,1984 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: December 27, 1984. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3774 MUSCOGEE COUNTY HEALTH DEPARTMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 822 (House Bill No. 513). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 35 (House Resolution No. 105-516A) enacted at the 1947 session of the General Assembly and which was duly ratified at the 1948 general election (Ga. L. 1947, p. 1780) and which relates to the Muscogee County Health Department; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 35 (House Resolution No. 105-516A) enacted at the 1947 session of the General Assembly and which was duly ratified at the 1948 general election (Ga. L. 1947, p. 1780) and which relates to the Muscogee County Health Department shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but, consistent with the provisions of Section 4-601 of the Columbus, Georgia, Consolidated City-County Charter (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 2007), as amended, is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Page 3775 regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 35 (House Resolution No. 105-516A) enacted at the 1947 session of the General Assembly and which was duly ratified at teh 1948 general election (Ga. L. 1947, P. 1780) and which relates to the Columbus Department of Public Health. This the 8th day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3776 COLUMBUS AIRPORT COMMISSION LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 823 (House Bill No. 514). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 215 (House Resolution No. 487-1050) enacted at the 1968 session of the General Assembly and duly ratified at the 1968 general election (Ga. L. 1968, p. 1655) and which relates to the Columbus Airport Commission (formerly Muscogee County Airport Commission); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 215 (House Resolution No. 487-1050) enacted at the 1968 session of the General Assembly and duly ratified at the 1968 general election (Ga. L. 1968, p. 1655) and which relates to the Columbus Airport Commission (formerly Muscogee County Airport Commission) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but, consistent with the provisions of Section 4-627 of the Columbus, Georgia, Consolidated City-County Charter (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 2007), as amended, is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Page 3777 regular 1984 Session of the General Assembly of Georgia, a Bill to provide for continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that Constitutional Amendment to the Constitution of the State of Georgia contained in Ga. Laws 1968, page 1655 ET SEQ., and the Columbus, Georgia Consolidated City-County Charter, Ga. Laws, 1971, page 2007 ET SEQ. as amended, said Amendments and Acts creating the COLUMBUS AIRPORT COMMISSION, and for other purposes. This the 12 day of December, 1984. COLUMBUS AIRPORT COMMISSION BY: YOUNG, LAYFIELD ROTHSCHILD /s/ L.M. Layfield, Jr., attorney for Columbus Airport Commission Pub.Dec.14,1984 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: December 14, 1984. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3778 COLUMBUS BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 824 (House Bill No. 515). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 106 (House Resolution No. 164-364) enacted at the 1966 session of the General Assembly and which was ratified at the 1966 general election (Ga. L. 1966, p. 946) and which relates to the Columbus Building Authority (formerly the Columbus and Muscogee County Building Commission); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 106 (House Resolution No. 164-364) enacted at the 1966 session of the General Assembly and which was ratified at the 1966 general election (Ga. L. 1966, p. 946) and which relates to the Columbus Building Authority (formerly the Columbus and Muscogee County Building Commission) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but, consistent with the provisions of Section 4-629 of the Columbus, Georgia, Consolidated City-County Charter (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 2007), as amended, is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Page 3779 regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that Constitutional Amendment set forth in Ga. Laws 1966, p. 946, and Ga. Laws 1970, p. 2401, and Ga. Laws September-October, 1971 Extraordinary Session, p. 2007 which created a public body corporate and politic to be known as the COLUMBUS BUILDING AUTHORITY an instrumentality and a public corporation of the State of Georgia. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 15th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3780 COLUMBUS-MUSCOGEE COUNTY PORT DEVELOPMENT COMMISSION LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 825 (House Bill No. 516). AN ACT To continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1965, p. 702) and which relates to the creation of the Columbus-Muscogee County Port Development Commission; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1965, p. 702) and which relates to the creation of the Columbus-Muscogee County Port Development Commission shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but, for the purposes specified in Section 4-623 of the Columbus, Georgia, Consolidated City-County Charter (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 2007), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3192), is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 3781 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution No. 170-372) enacted at the 1965 session of the General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1965,p.702) and which relates to the creation of the Columbus-Muscogee County Port Development Commission. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8, 1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3782 MUSCOGEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 826 (House Bill No. 517). AN ACT To continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution No. 106-252) enacted at the 1967 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 947) and which relates to the creation of the Muscogee County Industrial Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution No. 106-252) enacted at the 1967 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 947) and which relates to the creation of the Muscogee County Industrial Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but, for the purposes specified in Section 4-623 of the Columbus, Georgia, Consolidated City-County Charter (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 2007), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3192), is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 3783 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution No. 106-252) enacted at the 1967 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 947) and which relates to creation of the Muscogee County Industrial Development Authority. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3784 COLUMBUS, GEORGIA AND MUSCOGEE COUNTY CONSOLIDATION OF GOVERNMENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 827 (House Bill No. 518). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 112 (House Resolution No. 544-1191) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1508) and which relates to the consolidation of the City of Columbus and Muscogee County and the creation of a single county-wide government for said county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 112 (House Resolution No. 544-1191) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1508) and which relates to the consolidation of the City of Columbus and Muscogee County and the creation of a single county-wide government for said county shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Page 3785 regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 112 (House Resolution No. 544-1191) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, P. 1508) and which relates to the consolidation of the City of Columbus and Muscogee County and the creation of a single county-wide government for said county. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3786 COLUMBUS, GEORGIASTREET IMPROVEMENT BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 828 (House Bill No. 520). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1928 general election (Res. Act. No. 107, Ga. L. 1927, p. 109) and proclaimed by the Governor to be part of the Constitution of the State of Georgia, authorizing the issuance and selling of certain street improvement bonds by the City of Columbus; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1928 general election (Res. Act. No. 107, Ga. L. 1927, p. 109) and proclaimed by the Governor to be part of the Constitution of the State of Georgia, authorizing the issuance and selling of certain street improvement bonds by the City of Columbus shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill Page 3787 to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Act No. 107 of Title III of Part I of Acts and Resolutions of the General Assembly (Ga. L. 1927, p. 109) and which was duly ratified by popular vote at the next general election and which relates to the issuance and selling of street improvements bonds by the City of Columbus without the assent of two thirds of the voters but upon majority vote of the governing authority. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3788 MUSCOGEE COUNTY APPROPRIATIONS FOR ADVERTISING AND PROMOTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 829 (House Bill No. 521). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1962 general election (Res. Act No. 157, House Resolution No. 460-922, Ga. L. 1962, p. 840) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, authorizing Muscogee County to appropriate funds not derived from ad valorem taxation for advertising and promotion of agricultural, recreational, historic, and industrial resources of the county and to encourage new industries and tourism; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1962 general election (Res. Act No. 157, House Resolution No. 460-922, Ga. L. 1962, p. 840) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, authorizing Muscogee County to appropriate funds not derived from ad valorem taxation for advertising and promotion of agricultural, recreational, historic, and industrial resources of the county and to encourage new industries and tourism shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 3789 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 157 (House Resolution No. 460-922) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 840) and which relates to authorizing Muscogee County to appropriate county funds not derived from ad valorem taxation in order to advertise and promote its resources and assets to attract industries, tourists, and conventions of visitors. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Page 3790 Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. MUSCOGEE COUNTY REVENUE BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 830 (House Bill No. 522). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1962 general election (Res. Act No. 198, House Resolution No. 537-1034, Ga. L. 1962, p. 999) and proclaimed by the Governor to be part of the Constitution of the State of Georgia, authorizing Muscogee County to issue certain revenue anticipation obligations known as revenue bonds for the purposes stated therein; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1962 general election (Res. Act No. 198, House Resolution No. 537-1034, Ga. L. 1962, p. 999) and proclaimed by the Governor to be part of the Constitution of the State of Georgia, authorizing Muscogee County to issue certain revenue anticipation obligations known as revenue bonds for the purposes stated therein shall not be repealed or deleted on July 1, 1987, as a Page 3791 part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 198 (House Resolution No. 537-1034) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 999) and which relates to Muscogee County issuing certain revenue anticipation obligations known as revenue bonds for the purposes therein stated. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. Page 3792 /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. MUSCOGEE COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 831 (House Bill No. 523). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1974 general election (Res. Act No. 130, House Resolution 452-1298, Ga. L. 1974, p. 1678) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, extending a $2,000.00 homestead exemption to residents of the Muscogee County School District; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1974 general election (Res. Act No. 130, House Resolution 452-1298, Ga. L. 1974, p. 1678) and proclaimed by the Governor Page 3793 to be a part of the Constitution of the State of Georgia, extending a $2,000.00 homestead exemption to residents of the Muscogee County School District shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 130 (House Resolution No. 452-1298) enacted by the General Assembly and which was duly ratified at the 1974 General Election (Ga. L. 1974, p. 1678) and which relates to extending a $2,000 homestead exemption to the residents of the Muscogee County School District. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Page 3794 Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. MUSCOGEE COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 832 (House Bill No. 524). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1974 general election (Res. Act No. 129, House Resolution No. 451-1298, Ga. L. 1974, p. 1676) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing a homestead exemption from ad valorem taxation for educational purposes for all Muscogee County school district residents who are 62 years of age or over and have a certain limited income; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified Page 3795 at the 1974 general election (Res. Act No. 129, House Resolution No. 451-1298, Ga. L. 1974, p. 1676) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing a homestead exemption from ad valorem taxation for educational purposes for all Muscogee County school district residents who are 62 years of age or over and have a certain limited income shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 129 (House Resolution No. 451-1298) enacted by the General Assembly and which was duly ratified at the 1974 General Election (Ga. L. 1974, p. 1676) and which relates to homestead exemption from ad valorem taxes for educational purposes for all residents 62 years of age whose income does not exceed $6,000. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub. Jan. 8, 1985 Georgia, Fulton County. Page 3796 Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. MUSCOGEE COUNTY HOMESTEAD EXEMPTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 833 (House Bill No. 525). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1976 general election (Res. Act No. 222, House Resolution No. 755-1946, Ga. L. 1976, p. 1913) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, increasing the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 3797 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1976 general election (Res. Act No. 222, House Resolution No. 755-1946, Ga. L. 1976, p. 1913) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, increasing the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 222 (House Resolution No. 755-1946) enacted at the 1976 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1913) and which relates to the increase of homestead exemptions for tax purposes of certain property owned by residents of Muscogee County. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Page 3798 Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. MUSCOGEE COUNTY HOMESTEAD EXEMPTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 834 (House Bill No. 526). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 3799 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 153 (Senate Resolution No. 227) enacted at the 1980 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2009) and which relates to certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Page 3800 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. COLUMBUS, GEORGIA AND MUSCOGEE COUNTY VALUATION OF HOMESTEAD PROPERTY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 835 (House Bill No. 527). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution Page 3801 No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 76 (House Resolution No. 271) enacted at the 1981 session of the General Assembly and which was duly ratified at Page 3802 the 1982 general election (Ga. L. 1981, p. 1926) and which relates to the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub. Jan. 8, 1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3803 COLUMBUS, GEORGIA AND MUSCOGEE COUNTYAD VALOREM TAXATION OF PERSONAL PROPERTY IN TRANSIT OR STORED; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 836 (House Bill No. 528). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1976 general election (Res. Act No. 28, House Resolution No. 349-1192, Ga. L. 1975, p. 1724) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County to exempt from ad valorem taxation all tangible personal property within Muscogee County in transit through Muscogee County from outside the state to a final destination outside the state and all tangible personal property grown, harvested, manufactured, processed, or refined in Muscogee County and stored therein for shipment outside the state; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment duly ratified at the 1976 general election (Res. Act No. 28, House Resolution No. 349-1192, Ga. L. 1975, p. 1724) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County to exempt from ad valorem taxation all tangible personal property within Muscogee County in transit through Muscogee County from outside the state to a final destination outside the state and all tangible personal property grown, harvested, manufactured, processed, or refined in Muscogee County and stored therein for shipment outside the state shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 3804 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 28 (House Resolution No. 349-1192) enacted at the 1975 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1975, p. 1724) and which relates to authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County to exempt from ad valorem taxation all tangible personal property within Muscogee County in transit through Muscogee County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State. This the 8th day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. Page 3805 /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. COLUMBUS, GEORGIA CHARTER REVIEW COMMISSION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 837 (House Bill No. 529). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 162 (Senate Resolution No. 311) enacted at the 1980 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2045) and which relates to a Charter Review Commission for Columbus, Georgia; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 162 (Senate Resolution No. 311) enacted at the 1980 session of the General Assembly and which Page 3806 was duly ratified at the 1980 general election (Ga. L. 1980, p. 2045) and which relates to a Charter Review Commission for Columbus, Georgia, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 session of the General Assembly of Georgia, a Bill to provide for the continuation in force and effect, as part of the Constitution ratified at the General Election in 1982, that constitutional amendment which was proposed by Resolution Act No. 162 (Senate Resolution No. 311) enacted by the 1980 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2045) and which relates to a Charter Review Commission for Columbus, Georgia. This the 8 day of January, 1985. Thomas B. Buck, III State Representative, District 95 Pub.Jan.8,1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 8, 1985. Page 3807 /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. HABERSHAM COUNTY HOMESTEAD EXEMPTION FROM SCHOOL TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 838 (House Bill No. 806). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment exempting from Habersham County school taxes the value of a homestead owned by an individual who is totally disabled or 65 years of age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits (Res. Act No. 249; H.R. 755-1776; Ga. L. 1980, p. 2283); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment exempting from Habersham County school taxes the value of a homestead owned by an individual who is totally disabled or 65 years of Page 3808 age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits (Res. Act No. 249; H.R. 755-1776; Ga. L. 1980, p. 2283) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment exempting from Habersham County school taxes the value of a homestead owned by an individual who is totally disabled or 65 years of age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits (Res. Act No. 249; H. R. 755-1776; Ga. L. 1980, p. 2283); and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: February 7, 1985. /s/ William J. Dover Representative, 11th District Page 3809 Sworn to and subscribed before me, this 12th day of February, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. BIBB COUNTY BOARD OF PUBLIC EDUCATION AND ORPHANAGE; COMPENSATION. No. 839 (House Bill No. 1113). AN ACT To amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to authorize the board of commissioners of Bibb County to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Public Education and Orphanage for Bibb County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended by adding a new section, to be designated Section 5A, to read as follows: Section 5A. The board of commissioners of Bibb County is authorized to fix the compensation and to provide for the reimbursement of expenses for the elected members Page 3810 of the Board of Public Education and Orphanage for Bibb County holding posts one through eight. Such compensation and expenses, when fixed by the board of commissioners of Bibb County, shall be paid from the funds of the Board of Public Education and Orphanage for Bibb County. Section 2 . This Act shall become effective on July 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. AD NUMBER 495171 LOCAL LEGISLATION GEORGIA, BIBB COUNTY. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia for 1985 a Bill to amend an Act approved on October 23, 1872 establishing the Board of Public Education and Orphanage for Bibb County, Georgia, so as to authorize the Board of Commissioners of Bibb County to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Public Education and Orphanage. This 6th day of February, 1985. /s/ W. Warren Plowden, Jr. Attorney for Board of Public Education Orphanage for Bibb County, Georgia 2/9,16,23,3/2,1985-495171 912-744-4271 Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Judith R. McCallum, who deposes and says she is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping Page 3811 has been published in the Macon Telegraph and News on the following dates: 02/9, 02/16, 02/23, 03/02 /s/ Judith R. McCallum Sworn to and subscribed before me, this 02 day of March, 1985. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires, August 1, 1987. (Seal). Jones, Cork, Miller 500 Trust Co Bank Bldg Macon GA 31201 Approved March 18, 1986. HALL COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 840 (House Bill No. 1115). AN ACT To provide that the homestead of each resident of the Hall County School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes; to provide that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, Page 3812 or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted pursuant to the authority granted to the General Assembly in subparagraph (2) of Paragraph II of Section II of Article VII of the Constitution. Section 2. Effective for tax years beginning on and after January 1, 1987, the homestead of each resident of the Hall County School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. Section 3. After the approval of this Act by the Governor or after it otherwise becomes law without his approval, it shall be the duty of the election superintendent of Hall County to issue the call for an election for the purpose of submitting the Act to the electors of the Hall County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general primary election which is held in 1986. He shall issue the call for such election at least 30 days but not more than 60 days prior to the date of such election. The superintendent shall cause the date and Page 3813 purpose of the election and the form of the ballot to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hall County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that the homestead of each resident of the Hall County School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes and providing that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force or effect. The expense of such election shall be borne by Hall County. It shall be the duty of the superintendent to hold and conduct Page 3814 such election and to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia a bill to change the income limitation below which certain persons shall be eligible for an exemption from ad valorem taxes for educational purposes in the Hall County School District, and for other purposes. This 21 day of February, 1985. Senator Nathan Deal Rep. Joe T. Wood, Sr. Post 1 Rep. Bobby Lawson, Post 2 Rep. Jerry Jackson, Post 3 2/21 0124-85 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lanier Tribune which is the official organ of Hall County, on the following date: February 21, 1985. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 25th day of February, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3815 CITY OF GAINESVILLE INDEPENDENT SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 841 (House Bill No. 1116). AN ACT To provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes; to provide that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted pursuant to the authority granted to the General Assembly in subparagraph (2) of Paragraph II of Section II of Article VII of the Constitution. Section 2. Effective for tax years beginning on and after January 1, 1987, the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined Page 3816 by Georgia law, from all sources, except as hereinafter provided, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. Section 3. After the approval of this Act by the Governor or after it otherwise becomes law without his approval, it shall be the duty of the election superintendent of the City of Gainesville to issue the call for an election for the purpose of submitting the Act to the electors of the City of Gainesville Independent School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general primary election which is held in 1986. He shall issue the call for such election at least 30 days but not more than 60 days prior to the date of such election. The superintendent shall cause the date and purpose of the election and the form of the ballot to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hall County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources does not exceed $12,000.00 for the immediately preceding taxable Page 3817 year for income tax purposes and providing that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force or effect. The expense of such election shall be borne by the City of Gainesville. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia a bill to change the income limitation below which certain persons shall be eligible for an exemption from ad valorem taxes for educational purposes in the City of Gainesville Independent School District, and for other purposes. Page 3818 This 21 day of February, 1985. Senator Nathan Deal Rep. Joe T. Wood, Sr., Post 1 Rep. Bobby Lawson, Post 2 Rep. Jerry Jackson, Post 3 2/21 0123-84 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lanier Tribune which is the official organ of Hall County, on the following date: February 21, 1985. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 25th day of February, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3819 WALTON COUNTY CORONER; COMPENSATION. No. 842 (House Bill No. 1117). AN ACT To amend an Act placing the compensation of the clerk of the Superior Court, the judge of the Probate Court, and the coroner of Walton County on a salary basis in lieu of a fee basis, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended by an Act approved January 22, 1966 (Ga. L. 1966, p. 2655), an Act approved February 26, 1969 (Ga. L. 1969, p. 2045), an Act approved March 12, 1970 (Ga. L. 1970, p. 2478), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3084), so as to provide the compensation of the coroner of Walton County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the compensation of the clerk of the Superior Court, the judge of the Probate Court, and the coroner of Walton County on a salary basis in lieu of a fee basis, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended by an Act approved January 22, 1966 (Ga. L. 1966, p. 2655), an Act approved February 26, 1969 (Ga. L. 1969, p. 2045), an Act approved March 12, 1970 (Ga. L. 1970, p. 2478), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3084), is amended by striking subsection (c) of Section 2 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The coroner of Walton County shall be compensated in the amount of $3,000.00 per annum, to be paid in equal monthly installments from the funds of Walton County. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 3820 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia a bill to provide the compensation of the Coroner of Walton County; to repeal a specific Act; to repeal conflicting laws; and for other purposes. This 25th day of February, 1985. Honorable Neal Jackson Representative 65th District 438-18 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Neal Jackson, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 28, 1985. /s/ Neal Jackson Representative, 65th District Sworn to and subscribed before me, this 4th day of March, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3821 LAURENS COUNTY BOARD OF EDUCATION; ELECTIONS; REFERENDUM. No. 843 (House Bill No. 1132). AN ACT To provide for the election of the members of the board of education of Laurens County from single-member districts; to provide for districts; to provide residency requirements; to provide for implementation; to provide for all related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) For the purpose of electing the five members of the board of education of Laurens County, the school district shall be divided into education districts as follows: (1) District 1 shall have the following boundaries: BEGINNING at the intersection of Ga. Hwy. 31 and the Johnson County line; thence southeast along the Johnson County line to the north margin of Ga. Hwy. 86; thence west along the north margin of Ga. Hwy. 86 to where it intersects with the Robert Webb Road and Pughes Creek; thence south and southwest along Pughes Creek to where it intersects with Ga. Hwy. 29; thence northwest along Ga. Hwy. 29 to where it intersects with the East Dublin City Limits; thence west and northwest along the City Limits of East Dublin to where it intersects with the Oconee River; thence north along the eastern margin of the Oconee River to Central Drive; thence northeast along Central Drive and Ga. Hwy. 31 to where it intersects with east leg of Brewton Creek, across from the intersection of Ga. Hwy. 31 and the Brewton-Lovett Road; thence northwest along the east leg of Brewton Creek to the main portion of Brewton Creek; thence northeast along Brewton Creek to where it intersects with Hightower Creek; thence northeast along Hightower Page 3822 Creek to where it intersects with Ga. Hwy. 31; thence northeast on Ga. Hwy. 31 to its intersection with the Johnson County line and the point of beginning. (2) District 2 shall have the following boundaries: BEGINNING at the intersection of Ga. Hwy. 31 and the Johnson County line; thence northeast along said Johnson County line to that point at which the Johnson County line crosses the Keel Grove Church Road; thence northwesterly along the Johnson County line to that point at which Johnson and Wilkinson County intersect; thence southwest along the Wilkinson County line to that point at which Wilkinson and Bleckley County intersect; thence southeast along the Bleckley County line to where it intersects the north margin of Ga. Hwy. 26; thence northeast along Ga. Hwy. 26 (Old Hawkinsville Road) to where it intersects with State Route 19; thence proceeding northeasterly along County Road 436 to where it intersects with Turkey Creek; thence southeast along Turkey Creek to where it intersects with Ga. Hwy. 338; thence northeast along Ga. Hwy. 338 to where it intersects with Marley Cannon Road; thence east along the Marley Cannon Road to its intersection with the Strickland Road; thence northeast along the Strickland Road to its intersection with the Claxton Dairy Road; thence northwest along the Claxton Dairy Road to its intersection with Blackshear's Fairy Road; thence east along Blackshear's Fairy Road to its intersection with Ga. Hwy. 29 (U.S. 441 North); thence north along Ga. Hwy. 29 to that point where it intersects with Deep Creek; thence northeast along Deep Creek to where it intersects with Rocky Creek; thence east along Rocky Creek to where it intersects with the Oconee River; thence southeast along the Oconee River to where it intersects with Central Drive, East Dublin, (Ga. Hwy. 31); thence along the northwest margin of District #1 to the intersection of the Johnson County line and Ga. Hwy. 13 and the point of beginning. (3) District 3 shall have the following boundaries: BEGINNING at the intersection of Ga. Hwy. 86 and the Johnson County line; thence east along the southern Page 3823 boundary of District #1 to the Oconee River; thence cross said Oconee River and following the southern limits of the City of Dublin to the intersection of the Dublin City Limits and Ga. Hwy. 19 (U.S. Hwy. 80 East); thence east along said Ga. Hwy. 19 to where it intersects Turkey Creek; thence southeast along Turkey Creek to the Oconee River; thence southeast along said Oconee River to where it intersects Treutlen County; thence northeast along the Treutlen County line to where it intersects Emanuel County; thence along the Emanuel County line and Johnson County line to that point where the Johnson County line intersects Ga. Hwy. 86 and the point of beginning. (4) District 4 shall have the following boundaries: BEGINNING at the intersection of Ga. Hwy. 26 and the Bleckley County line; thence along the southern boundary of District #2 to the north margin of the Hershel Lovett Bridge; thence northwesterly following the City Limits of the City of Dublin to that point at where it intersects Ga. Hwy. 19 (U.S. Hwy. 80 East); thence east along Ga. Hwy. 19 to that point at which it intersects Turkey Creek; thence southeast along Turkey Creek to that point at which Turkey Creek intersects Blue Water Creek; thence southwest along Blue Water Creek to where it intersects with Ga. Hwy. 338 (Dexter-Cadwell Road); thence north on Ga. Hwy. 338 to that point where it intersects with the Eastman Road; thence southwest along the Eastman Road to the Dodge County line; thence northwesterly along the Dodge County-Bleckley County line to the intersection of Ga. Hwy. 26 and the point of beginning. (5) District 5 shall have the following boundaries: BEGINNING at the intersection of the Eastman Road and the Dodge County line; thence southeast along the Dodge County line to the southern tip of Laurens County; thence northeast along the Dodge County and Wheeler County lines to that point at which the Wheeler County line intersects with the Oconee River; thence north and northwest along the Oconee River to that point where Page 3824 the Oconee River intersects with Turkey Creek; thence northwest along Turkey Creek to that point at which Turkey Creek intersects with Blue Water Creek; thence southeast along Blue Water Creek to that point where Blue Water Creek intersects with Ga. Hwy. 338 (Dexter-Cadwell Road); thence north on Ga. Hwy. 338 to that point where Ga. Hwy. 338 intersects with the Eastman Road; thence southeast along the Eastman Road to the Dodge County line and the point of beginning. (b) Any part of the school district which is not included in any district provided in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census. Section 2. The board of education of Laurens County shall be composed of one member from each of the five districts described in Section 1 of this Act. Each member of the board shall be a resident of the district which the member represents for at least six months prior to the date of the election and shall be elected by a majority of the qualified voters voting within the respective district. No person shall be eligible for membership on the board who has not been a resident of Laurens County for at least one year immediately preceding the date of the member's election to the board. Section 3. Initial elections under this Act for board members from District 2, District 3, and District 5 shall be at the general election conducted in 1988. Initial elections under this Act for members from District 1 and District 4 shall be at the general election conducted in 1990. The members so elected shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall serve for terms of four years beginning on January 1 following their election and until successors are elected and qualified. Section 4. After this Act has been approved in accordance with Section 5 of the federal Voting Rights Act of 1965, as amended, and not less than 30 nor more than 45 days before Page 3825 the date of the November, 1986, general election, the election superintendent of Laurens County shall issue the call for election for the purpose of submitting this Act to the electors of the Laurens County School District for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Laurens County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the members of the board of education of Laurens County from single-member districts and providing for related matters be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval, then Sections 1 through 3 of this Act shall become of full force and effect; otherwise Sections 1 through 3 of this Act shall be void and of no force and effect. The expense of such election shall be borne by Laurens County. The election superintendent of Laurens County shall hold and conduct the election and shall certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed. LEGAL 85-86 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1985 Session of the General Assembly of Georgia, a bill to provide for the election of the members of the Board of Education of Laurens County from single-member districts; to provide for districts; to provide residency requirements; to provide for implementation; Page 3826 to provide for all related matters; to provide for referendum, and other purposes. This 28th day of February, 1985. MORRIS S. ROBERTSON ATTORNEY FOR LAURENS COUNTY BOARD OF EDUCATION x3-2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who, on oath, deposes and says that he is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official organ of Laurens County, on the following date: March 2, 1985. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 6th day of March, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (Seal). Approved March 18, 1986. Page 3827 HABERSHAM COUNTY BOARD OF EDUCATION; BORROWING; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 844 (House Bill No. 1133). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 102 (House Resolution No. 80-132) enacted at the 1966 session of the General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1966, p. 927) and which relates to the authority of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 102 (House Resolution No. 80-132) enacted at the 1966 session of the General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1966, p. 927) and which relates to the authority of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 3828 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1985 session of the General Assembly of Georgia a bill to continue in full force and effect as a part of the Constitution of the State of Georgia that local constitutional amendment relating to the authority of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof; and for other purposes. This 21 day of February, 1985. AFFIDAVIT This is to certify that the attached ad Notice of Intention to Introduce Local Legislation was published in the Tri County Advertiser the 21st of February, 1985, on page 7. /s/ Boey E. Williams Publisher, Tri County Advertiser Sworn to and subscribed before me, this 25th day of February, 1985. /s/ Jane B. Long Notary Public. My Commission Expires Oct. 28, 1988. (SEAL). Approved March 18, 1986. Page 3829 CITY OF TIFTON MUNICIPAL ELECTION DATES. No. 845 (House Bill No. 1252). AN ACT To amend an Act providing a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), so as to change the date for holding certain municipal elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), is amended by striking Section 2.03 and inserting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Commissioner Posts and Terms. There shall be five commissioner posts to be designated 1, 2, 3, 4, and 5. All persons offering themselves for election as commissioner shall designate the commissioner post for which he is offering as a candidate. Commissioners of posts one and three whose terms expire on December 31, 1979, shall be succeeded by commissioners of posts one and three who shall be elected on the first Wednesday in December, 1979, and shall take office on the first day of January of 1980. Commissioners of posts two and four whose terms expire on December 31, 1977, shall be succeeded by commissioners of posts two and four who shall be elected on the first Wednesday in December, 1977, and shall take office on the first day of January of 1978. Commissioner of post five whose term expires on December 31, 1978, shall be succeeded by commissioner of post five who shall be elected on the first Wednesday in December, 1978, and shall take office on the first day of January of 1979. Thereafter an election shall be held on the second Wednesday in October of each year to elect the commissioners of the commissioner post or posts whose terms of office will be expiring on December 31 of the same year and such commissioners or commissioner shall take office and be sworn in at the first meeting of the Commission Page 3830 in January of the next year following the election for terms of three years and until their successors are elected and qualified. Section 2. Said Act is further amended by striking Section 6.01 and inserting in lieu thereof a new Section 6.01 to read as follows: Section 6.01. Regular Elections; Time for Holding. On the second Wednesday in October of each year there shall be an election for the office of Chairman of the City Commission, Vice-Chairman of the City Commission, and for the offices of commissioners of the post whose term expires at the end of the year in which the election is held. The term of each person who is elected to any of these offices shall commence on the first day of the next January following the election. The elections herein provided for shall be under the management and control of an election superintendent and three citizens of the City of Tifton, all of whom shall be appointed by the Commission. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4853), so as to change the date for holding elections for Commissioners, Chairman of the City Commission and Vice-Chairman of the City Commission to the second Wednesday in October of each year; and for other purposes. This 18th day of December, 1985. Seymour S. Owens City Attorney for the City of Tifton December 21, 1985 Page 3831 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County, on the following date: December 21, 1985. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. DOUGHERTY COUNTY AND THE CITY OF ALBANY JOINT COUNTY-MUNICIPAL BOARD OF REGISTRATION AND ELECTIONS; CREATION. No. 846 (House Bill No. 1284). AN ACT To provide for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany pursuant to Code Section 21-2-45 of the O.C.G.A. and define its powers, duties, and responsibilities; to provide a method for the selection, resignation, and removal of its members and for filling vacancies; to provide for the qualification, terms, oath, Page 3832 and compensation of its members; to provide for rules, regulations, and resolutions of the joint board; to provide for a chairperson, clerical assistants, poll workers, and other employees and for their compensation and offices; to provide for expenditures of funds by the joint board; to abolish certain boards and provide for the transfer of certain of their property; to provide for definitions; to provide for effective dates; to repeal specifically a certain Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to the authority of Code Section 212-45 of the O.C.G.A., there is created and established in and for Dougherty County, Georgia, and the City of Albany, Georgia, the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, in this Act called the joint board. Section 2. The joint board shall be composed of five members, each of whom shall be an elector and resident of Dougherty County, and who shall be selected in the following manner: (a) One member shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the immediately preceding November general election received the largest number of votes in this state for members of the General Assembly, and one member shall be appointed by the chairperson of the county executive committee of the political party whose candidates at such election received the next largest number of such votes. Each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes. In the event any appointment is not ratified by the vote of a majority of the members of such executive committee at least 60 days immediately preceding the date on which such members are to take office, the members of the respective executive committees may elect such members by a two-thirds' majority of the membership of such executive committee at least 45 days immediately preceding the date on which such members are to take office; otherwise, such members shall be appointed in accordance with the provisions of Section 4 of this Act. Page 3833 (b) One member shall be appointed by the governing authority of Dougherty County, Georgia, and one member shall be appointed by the governing authority of the City of Albany and shall be a resident of the city. (c) The fifth member shall be designated the supervisor of registration and elections and shall be appointed by the county administrator of Dougherty County, the office of which administrator was established pursuant to an Act approved March 11, 1975 (Ga. L. 1975, p. 2651). This appointee shall be the administrator and chairperson of the joint board, shall carry out all duties of voter registration and elections, shall be a fulltime employee of Dougherty County, and shall have no regular term of office. Section 3. No person who holds elective public office shall be eligible to serve as a member of the joint board during the term of such elective office, and the position of any such member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. Section 4. No person shall take office as a member of the joint board unless the respective appointing or electing authorities file an affidavit with the clerk of the Superior Court of Dougherty County no later than 30 days immediately preceding the date on which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. That clerk of the superior court shall record each such certification on the minutes of the superior court and shall certify the name of each appointed or elected member and the name of the supervisor of registration and elections to the Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by state general law for registrars. In the event any appointing or electing authority fails to make a regular appointment or election within the time specified in this section or in Section 2 or fails to make an interim appointment or election to fill a vacancy in the joint board within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the concurrence of the governing authorities of Dougherty County and the City of Albany. Page 3834 Section 5. The initial appointees of the political party executive committees, of Dougherty County, and of the City of Albany shall serve for a term of office beginning July 1, 1987, and expiring at the end of December 31, 1988, and until the selection and qualification of their respective successors. Thereafter, all appointees shall serve for a term of two years beginning on the first day of January immediately following the expiration of the respective member's term of office and until a successor is appointed or elected and qualified, except in the event of resignation or removal as hereinafter provided. Successors shall be appointed in the manner specified in Section 2 of this Act for the appointment of the member who is being succeeded. Members shall be eligible to succeed themselves and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the Superior Court of Dougherty County. Members shall also be subject to removal from the joint board at any time, for cause, after notice and hearing, by the appointing or electing authority but otherwise in the same manner as provided by general state law for the removal of registrars. Section 6. The compensation of the supervisor of registration and elections shall be fixed by the governing authority of Dougherty County in the same manner as other county employees, and the compensation of the remaining members of the joint board shall be fixed and paid by the governing authority of Dougherty County. Section 7. In the event a vacancy occurs in the office of any member other than the supervisor of registration and elections before the expiration of that member's term of office, whether by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term and until a successor is regularly appointed or elected. Section 8. The first members of the joint board shall take office on July 1, 1987. Before entering upon a member's duties, each member shall take substantially the same oath as required by general state law for registrars and shall have the same privileges from arrest. Section 9. (a) The joint board and supervisor of registration and elections shall exercise all of the duties and powers with regard to the preparation, conduct, and administration Page 3835 of primaries and elections granted to and exercised by the Dougherty County Board of Elections pursuant to the constitutional amendment proposed as Resolution No. 222 of the 1970 session of the General Assembly of Georgia (Ga. L. 1970, p. 1127), notwithstanding the repeal of said constitutional amendment, and to county and municipal election superintendents by Chapters 2 and 3 of Title 21 of the O.C.G.A. and to municipal election superintendents by the charter of the City of Albany, Georgia. The joint board and supervisor of registration and elections shall also exercise all of the powers, duties, and responsibilities granted to and incumbent upon a board of registrars by Chapters 2 and 3 of Title 21 of the O.C.G.A. and to the Joint Board of Registrars for Dougherty County and the City of Albany created by an Act approved April 10, 1971 (Ga. L. 1971, p. 3543). It is the purpose and intention of this Act to grant to the joint board and the supervisor of registration and elections all powers, duties, and responsibilities relating to the registration of voters and to the preparation, conduct, and administration of primaries and elections in and for Dougherty County and the City of Albany. (b) With regard to the preparation for and conduct of primaries, in addition to the powers hereinbefore granted, the joint board shall have the power, duty, and responsibility of formulating, adopting, and promulgating rules and regulations, consistent with general state law and with rules and regulations of the state executive committee of each political party, governing the conduct of primaries, to the end that, insofar as practicable, all primaries shall be uniformly conducted by the joint board. Any rule or regulation promulgated by a county or municipal executive committee under the authority of general law, with regard to the conducting of primaries, shall be null and void if in conflict with a valid rule or regulation of the joint board. (c) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency bearing any expense of conducting primaries not otherwise required by law. Section 10. The joint board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided the joint board by the county executive committee of each political party. Page 3836 Section 11. With the consent of the governing authorities of Dougherty County and the City of Albany, the joint board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform adequately and instruct electors of the county with regard to elections. Section 12. Effective July 1, 1987, the Joint Board of Registrars for Dougherty County and the City of Albany, created by an Act approved April 10, 1971 (Ga. L. 1971, p. 3543), and the Dougherty County Board of Elections, created by constitutional amendment proposed by Resolution No. 222 at the 1970 session of the General Assembly of Georgia (Ga. L. 1970, p. 1127), shall be abolished and prior thereto shall deliver to the joint board's supervisor of registration and elections, upon written request, custody of all equipment, supplies, materials, books, papers, records, registrations, and facilities of every kind pertaining to the powers, duties, and responsibilities those abolished boards had immediately prior to their abolition. Section 13. The supervisor of registration and elections shall generally supervise, direct, and control the administration of the affairs of the joint board pursuant to law and pursuant to duly adopted resolutions of the joint board. The joint board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Section 14. The governing authority of the county shall provide the joint board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 15. As used in this Act, the words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Chapters 2 and 3 of Title 21 of the O.C.G.A. unless otherwise clearly apparent. Section 16. Only for purposes of selecting the initial members of the joint board under this Act, this Act shall become effective January 1, 1987. For all other purposes, this Act shall become effective July 1, 1987. Page 3837 Section 17. An Act creating the Joint Board of Registrars for Dougherty County and the City of Albany, approved April 10, 1971 (Ga. L. 1971, p. 3543), is repealed in its entirety. Section 18. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1986 Session of the General Assembly of Georgia a bill to establish a Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, to have power and authority over the registration of voters, and the conduct of primaries and elections, in said county and city. James V. Davis December 20, 1985 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following date: December 20, 1985. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3838 MERIWETHER COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 847 (House Bill No. 1289). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 77 of the 1950 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1950, p. 469) and which relates to the Meriwether County board of education and school superintendent; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 77 of the 1950 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1950, p. 469) and which relates to the Meriwether County board of education and school superintendent, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. VIND-9 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA COUNTY OF MERIWETHER Page 3839 Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 77 of the 1950 General Assembly which was duly ratified at the 1950 general election (Ga. L. 1950, p. 469) and which relates to the Meriwether County board of education and school superintendent; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 16th day of December, 1985. Claude A. Bray, Jr. State Representative 91st District 1:10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude Bray, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following date: January 10, 1986. /s/ Claude A. Bray, Jr. Representative, 91st District Sworn to and subscribed before me, this 14th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3840 MERIWETHER COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 848 (House Bill No. 1290). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 1 of the 1967 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 901) and which relates to the Meriwether County Development Authority and its powers and operation; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 1 of the 1967 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 901) and which relates to the Meriwether County Development Authority and its powers and operation shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. VIND-259 NOTICE ON INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA COUNTY OF MERIWETHER Page 3841 Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 1 of the 1967 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 901) and which relates to the Meriwether County Development Authority and its powers and operation; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 16th day of December, 1985. Claude A. Bray, Jr. State Representative 91st District (12:20) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude Bray, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following date: December 20, 1985. /s/ Claude A. Bray, Jr. Representative, 91st District Sworn to and subscribed before me, this 14th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3842 MUSCOGEE COUNTY SCHOOL DISTRICT; MUSEUMS; ART GALLERIES; ART CENTERS. No. 849 (House Bill No. 1291). AN ACT To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to authorize the school district to construct, maintain, and operate museums; to authorize the school district to obtain the services of a private nonprofit corporation to assist and work with the school district in the operation of its art galleries, art centers, and museums; to provide for expenditures for the maintenance and operation of these art galleries, art centers, and museums; to provide access for students of the school district; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, is amended by striking the fourth paragraph of Section 19 of said Act and inserting in lieu thereof a new paragraph to read as follows: The power is also granted said Muscogee County School District to construct, maintain, and operate public art galleries, art centers, and museums which shall constitute an integral part of said merged school system, and all powers relative to other portions of said school system shall also relate to said art galleries, art centers, and museums. It is further provided that said Muscogee County School District is empowered to obtain the services and efforts of a private non-profit corporation to assist and work with the school district in the operation of said public art galleries, art centers, and museums for such consideration and under such procedures as may be acceptable to the board of education. At the discretion of the board of education, the savings which may be realized in avoiding a part or portion of the expense of maintaining Page 3843 and operating said art galleries, art centers, and museums and the benefits which shall be realized in obtaining resources and exhibits which may be added to these centers, galleries, and museums by a private nonprofit corporation may constitute all or part of the consideration for the expenditure of funds by the school district to construct, maintain, and operate such art galleries, art centers, and museums. The board of education shall continue to be authorized to provide moneys for the construction, maintenance, and operation of said art galleries, centers, and museums; the private nonprofit corporation shall continue to maintain and operate such properties as public art galleries, art centers, and museums; and the properties shall continue to be made reasonably available to access by the public school students of the Muscogee County School District as a part of the regular educational program of the Muscogee County School District. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that I shall introduce a bill in the 1986 session of the General Assembly to Amend the Act creating the Muscogee County School District, approved February 25, 1949 (Ga. Laws 1949 ppg. 1086 et seq.) as amended, to empower and to authorize the Muscogee County School District (1) to obtain the services and efforts of a private non-profit corporation to assist the School District in the operation of public art galleries, art centers, and museums and (2) to continue to provide monies for the construction, operation, and maintenance of art galleries, art centers, and museums. This 23rd day of December, 1985. THOMAS B. BUCK, III House of Representatives District 95 Pub.Dec.27, 1985 Page 3844 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: December 27, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Susan Gordon Notary Public. (Seal). Approved March 18, 1986. MUSCOGEE COUNTY SCHOOL SUPERINTENDENT; EMERGENCY CONTRACTS. No. 850 (House Bill No. 1292). AN ACT To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00; to provide for rules and regulations; to provide a definition; to repeal conflicting laws; and for other purposes. Page 3845 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, is amended by adding between the first and second paragraph of Section 11 of said Act a new paragraph to read as follows: That the superintendent of the board of education in the event of an emergency may make contracts for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved does exceed $2,500.00, and that the board of education by resolution may adopt rules and regulations governing the administration of this paragraph, including specific procedures which the superintendent must follow in exercising these emergency spending powers. As used in this paragraph, the term `emergency' means an eventuality which cannot reasonably be foreseen and which if not corrected immediately will result in harm to people or property or in economic loss to said merged school system. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that I shall introduce a bill in the 1986 session of the General Assembly to Amend the Act creating the Muscogee County School District, approved February 25, 1949 (Ga. Laws 1949 ppg. 1086 et seq.) as amended, to permit the Superintendent of the Board of Education to make contracts for supplies, labor, repairs and other necessary social purposes in an emergency, even should such an expenditure exceed $2,500.00, without first being authorized by resolution of the Board of Education to incur the obligation. This 23rd day of December, 1985. THOMAS B. BUCK, III House of Representatives District 95 Pub. Dec. 27, 1985. Page 3846 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: December 27, 1985. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. BUTTS COUNTY BUSINESS LICENSES; PENALTIES. No. 851 (House Bill No. 1298). AN ACT An Act to authorize the board of commissioners of Butts County to levy, assess, and collect license fees upon certain business activities conducted within Butts County; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The board of commissioners of Butts County Page 3847 shall have the power to levy, assess, and collect a license fee from any person, firm, or corporation, except those subject to regulation by the Georgia Public Service Commission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Butts County outside the incorporated limits of municipalities located in Butts County. Section 2. The maximum punishment which may be imposed for the violation of any ordinance adopted pursuant to Section 1 of this Act shall be a fine of not more than $500.00 or imprisonment for not more than 60 days, or both. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice 85245-J NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to authorize the governing authority of Butts County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; and for other purposes. This 23rd day of December, 1985. Larry Smith Representative 78th District 12-31-2tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus Page 3848 which is the official organ of Butts County, on the following date: January 8, 1986. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 14th day of January, 1986. /s/ Connie F. Smith Notary Public. (Seal). Approved March 18, 1986. BUTTS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 852 (House Bill No. 1299). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Butts County Industrial Development Authority and providing for its powers, authority, funds, purposes, and procedures (Resolution Act No. 204; House Resolution No. 412-917; Ga. L. 1968, p. 1614); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Butts County Industrial Development Authority and providing for its powers, authority, funds, purposes, and procedures (Resolution Act No. 204; House Resolution No. 412-917; Ga. L. 1968, Page 3849 p. 1614) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice 85246-J NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue the Butts County Development Authority; and for other purposes. This 23rd day of December, 1985. Larry Smith Representative 78th District 12-31-2tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: January 8, 1986. /s/ Larry Smith Representative, 78th District Page 3850 Sworn to and subscribed before me, this 14th day of January, 1986. /s/ Connie F. Smith Notary Public. (Seal). Approved March 18, 1986. PULASKI COUNTY DEPUTY SHERIFFS; SALARY; NUMBER OF DEPUTIES. No. 854 (House Bill No. 1328). AN ACT To amend an Act placing the sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, so as to change the salary provisions relating to deputy sheriffs; to provide for an additional deputy sheriff; to provide for an additional part-time deputy sheriff; to change the provisions relating to cost-of-living increases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall have the authority to appoint four deputy sheriffs. Any person serving as a deputy sheriff on the effective date of this Act shall receive a salary Page 3851 of $1,200.00 per month. Any person who becomes a deputy sheriff after the effective date of this Act shall receive an initial salary of $975.00 per month; provided, however, that, after the expiration of six months, any such deputy sheriff shall receive a salary of $1,025.00 per month. Effective January 1, 1987, and each year thereafter, the deputy sheriffs shall receive a cost-of-living increase. The cost-of-living increase shall be in an amount equal to 5 percent of the salary received for the preceding 12 months. The governing authority of Pulaski County and the sheriff are hereby authorized to appoint two part-time deputy sheriffs who shall be compensated in an amount not to exceed $5,400.00 per year. Compensation of the deputy sheriffs shall be payable from the funds of Pulaski County. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate, name, and appoint the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace the deputies at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given of my intention to introduce legislation in the 1986 Session of the General Assembly which will provide vor increased compensation to deputies of the Pulaski County Sheriff's Department, and will also provide for the employment of one additional full-time deputy and a part-time deputy. This 6th day of January, 1986. Newt Hudson, Representative District No. 117 1-8-1tc-PC Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on Page 3852 oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dispatch and News which is the official organ of Pulaski County, on the following date: January 8, 1986. /s/ Newt Hudson Representative, 117th District Sworn to and subscribed before me, this 16th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. OGLETHORPE COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 855 (House Bill No. 1391). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 250, S.R. No. 146, Ga. L. 1962, p. 1188), duly ratified and proclaimed to be a part of the Constitution, which amendment creates the Oglethorpe County Development Authority; to provide the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 3853 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 250, S.R. No. 146, Ga. L. 1962, p. 1188), duly ratified and proclaimed to be a part of the Constitution, which amendment creates the Oglethorpe County Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. This Act shall become effective July 1, 1986. Section 4. All laws and parts of laws in conflict with this Act are repealed. Notice of Home Rule Legislation and Continuation of Local Constitutional Amendment The Oglethorpe County Board of Commissioners pursuant to its Home Rule Authority shall introduce a resolution providing for the continuation of the Oglethorpe County Development Authority as required by the Georgia Constitution of 1983, Article XI, Section 1, paragraph four. A copy of the proposed resolution shall be maintained on file in the office of the clerk of Superior Court of Oglethorpe County for the purpose of examination and inspection by the public. As required by law, the clerk of the Superior Court of Oglethorpe County shall furnish anyone, upon written request, with a copy of the proposed resolution. Oglethorpe County Board of Commissioners 12-26-2c Page 3854 AFFIDAVIT STATE OF GEORGIA. COUNTY OF OGLETHORPE. COMES NOW, Ralph Maxwell, Jr., and states after being duly sworn, that: 1. I am the publisher of the Oglethorpe Echo , which is the newspaper for legal advertisements in Oglethorpe County. 2. Attached hereto is a copy of the legal advertisement for the Notice of Home Rule Legislation and Continuation of Local Constitutional Amendment. 3. This advertisement was printed in the Dec. 19, 26, 1985 issues of the Oglethorpe Echo . This the 30th day of December, 1985. /s/ Ralph B. Maxwell, Jr. Sworn to and subscribed before me, on this the 30 day of December, 1985. /s/ Teresa G. Barnett Notary Public. My Commission 10-6-87. (SEAL). Approved March 18, 1986. Page 3855 RANDOLPH COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 856 (House Bill No. 1403). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 156 (House Resolution No. 455-918) of the 1962 General Assembly (Ga. L. 1962, p. 834) and which was duly ratified at the 1962 general election and which relates to the creation of the Randolph County Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 156 (House Resolution No. 455-918) of the 1962 General Assembly (Ga. L. 1962, p. 834) and which was duly ratified at the 1962 general election and which relates to the creation of the Randolph County Development Authority and provisions for its powers, authority, funds, purposes, and procedures shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 3856 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act. No. 156 (House Resolution No. 455-918) of the 1962 General Assembly (Ga. L. 1962, p. 834) and which was duly ratified at the 1962 general election and which relates to the creation of the Randolph County Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; and for other purposes. This 16th day of January, 1986. Honorable Gerald E. Greene Representative, 130th District 1/16. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southern Tribune which is the official organ of Randolph County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 3857 QUITMAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 857 (House Bill No. 1404). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 206 (House Resolution No. 421-932) of the 1968 General Assembly (Ga. L. 1968, p. 1620) and which was duly ratified at the 1968 general election and which relates to the creation of the Quitman County Industrial Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 206 (House Resolution No. 421-932) of the 1968 General Assembly (Ga. L. 1968, p. 1620) and which was duly ratified at the 1968 general election and which relates to the creation of the Quitman County Industrial Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 3858 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 206 (House Resolution No. 421-932) of the 1968 General Assembly (Ga. L. 1968, p. 1620) and which was duly ratified at the 1968 general election and which relates to the creation of the Quitman County Industrial Development Authority; to provide the authority for this Act; and for other purposes. This 7th day of January, 1986. /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District 1/16 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Quitman County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 3859 STEWART COUNTY BOARD OF EDUCATION; ELECTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 858 (House Bill No. 1405). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 104 (House Resolution No. 138-3996) of the 1956 General Assembly (Ga. L. 1956, p. 463) and which was duly ratified at the 1956 general election, as amended by Resolution Act No. 64 (Senate Resolution No. 92) of the 1958 General Assembly (Ga. L. 1958, p. 253) which was duly ratified at the 1958 general election, and which relates to the election of members of the Stewart County Board of Education by the people; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 104 (House Resolution No. 138-3996) of the 1956 General Assembly (Ga. L. 1956, p. 463) and which was duly ratified at the 1956 general election, as amended by Resolution Act No. 64 (Senate Resolution No. 92) of the 1958 General Assembly (Ga. L. 1958, p. 253) which was duly ratified at the 1958 general election, and which relates to the election of members of the Stewart County Board of Education by the people shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 3860 Section 3. All laws and parts of laws in conflict with this Act are repealed. -SWJ 144- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 104 (House Resolution No. 138-3996) of the 1956 General Assembly (Ga. L. 1956, p. 463) and which was duly ratified at the 1956 general election, as amended by Resolution Act No. 64 (Senate Resolution No. 92) of the 1958 General Assembly (Ga. L. 1958, p. 253) which was duly ratified at the 1958 general election, and which relates to the election of members of the Stewart County Board of Education by the people; to provide the authority for this Act; and ro other purposes. This 16th day of January, 1986. Honorable Gerald E. Greene Representative, 130th District (1:16) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Page 3861 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. STEWART COUNTY ELECTRICAL SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 859 (House Bill No. 1406). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 126 (House Resolution No. 405-912) of the 1960 General Assembly (Ga. L. 1960, p. 1249) and which was duly ratified at the 1960 general election and which relates to authorizing the construction of an electrical system in Stewart County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 126 (House Resolution No. 405-912) of the 1960 General Assembly (Ga. L. 1960, p. 1249) and which was duly ratified at the 1960 general election and which relates to authorizing the construction of an electrical system in Stewart County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 3862 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. -SWJ 140- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 126 (House Resolution No. 405-912) of the 1960 General Assembly (Ga. L. 1960, p. 1249) and which was duly ratified at the 1960 general election and which relates to authorizing the construction of an electrical system in Stewart County; to provide the authority for this act; and for other purposes. This the 16th day of January, 1986. Honorable Gerald E. Greene Representative, 130th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Page 3863 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. STEWART COUNTY CHATTAHOOCHEE RIVER BRIDGES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 860 (House Bill No. 1407). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 127 (House Resolution No. 406-912) of the 1960 General Assembly (Ga. L. 1960, p. 1251) and which was duly ratified at the 1960 general election and which relates to authorizing Stewart County to construct bridges across the Chattahoochee River; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 127 (House Resolution No. 406-912) of the 1960 General Assembly (Ga. L. 1960, p. 1251) and which was duly ratified at the 1960 general election and which relates to authorizing Stewart County to construct bridges across the Chattahoochee River shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Page 3864 Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. -SWJ 141- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 127 (House Resolution No. 406-912) of the 1960 General Assembly (Ga. L. 1960, p. 1251) and which was duly ratified at the 1960 general election and which relates to authorizing Stewart County to construct bridges across the Chattahoochee River; to provide the authority for this Act; and for other purposes. This the 16th day of January, 1986. Honorable Gerald E. Greene Representative, 130th District (1:16) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Page 3865 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. STEWART COUNTY NATURAL GAS SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 861 (House Bill No. 1408). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 163 (House Resolution No. 504-981) of the 1962 General Assembly (Ga. L. 1962, p. 864) and which was duly ratified at the 1962 general election and which relates to authorizing Stewart County to provide a natural gas system for said county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 163 (House Resolution No. 504-981) of the 1962 General Assembly (Ga. L. 1962, p. 864) and which was duly ratified at the 1962 general election and which relates to authorizing Stewart County to provide a natural gas system for said county shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia Page 3866 but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. -SWJ 142- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 163(House Resolution No. 504-981) of the 1962 General Assembly (Ga. L. 1962, p. 864) and which was duly ratified at the 1962 general election and which relates to authorizing Stewart County to provide a natural gas system for said county; to provide the authority for this Act; and for other purposes. This the 16th day of January, 1986. Honorable Gerald E. Greene Representative, 130th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Page 3867 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. STEWART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 862 (House Bill No. 1409). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 213 (House Resolution No. 476-1020) of the 1968 General Assembly (Ga. L. 1968, p. 1647) and which was duly ratified at the 1968 general election and which relates to the creation of the Stewart County Industrial Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 213 (House Resolution No. 476-1020) of the 1968 General Assembly (Ga. L. 1968, p. 1647) and which was duly ratified at the 1968 general election and which relates to the creation of the Stewart County Industrial Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically Page 3868 continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. -SWJ 143- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the constitutional amendment which was proposed by Resolution Act No. 213 (House Resolution No. 476-1020) of the 1968 General Assembly (Ga. L. 1968, p. 1647) and which was duly ratified at the 1968 general election and which relates to the creation of the Stewart County Industrial Development Authority; to provide the authority for this Act; and for other purposes. This 16th day of January, 1986. Honorable Gerald E. Greene Representative, 130th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 16, 1986. /s/ Gerald E. Greene Representative, 130th District Page 3869 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. CITY OF CHATSWORTH MAYOR AND ALDERMEN; DATE FOR TAKING OFFICE. No. 863 (House Bill No. 1422). AN ACT To amend an Act providing a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3923), so as to provide the date on which the mayor and aldermen shall take office following their election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3923), is amended by adding immediately following Section 4 a new Section 4A to read as follows: Section 4A. The mayor and aldermen who are elected as provided in Section 4 of this Act shall take office on the first Monday in January immediately following their election for terms of office provided for in said Section 4. Page 3870 Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended; and for other purposes. This 13 day of January, 1986. Honorable Tom Ramsey, Representative, 3rd District (1-22) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey, who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following date: January 22, 1986. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 3871 CITY OF COVINGTON PARKING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 864 (House Bill No. 1443). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Covington Parking Authority (Res. Act No. 78; House Resolution No. 205-832; Ga. L. 1973, p. 1506); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the City of Covington Parking Authority (Res. Act No. 78; House Resolution No. 205-832; Ga. L. 1973, p. 1506) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Legal No. 3641 Jan. 23, 30, Feb. 6 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Page 3872 the State of Georgia that constitutional amendment creating the City of Covington Parking Authority (Res. Act. No. 78; House Resolution No. 205-832; Ga. L. 1973, p. 1506); and for other purposes. This 21st day of January, 1986. Denny Dobbs Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: January 23, 1986. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 23rd day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3873 EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AD VALOREM TAXATION; POWERS AND DUTIES; MEMBERSHIP. No. 865 (House Bill No. 1449). AN ACT To further define and prescribe the powers and duties of the Effingham County Industrial Development Authority; to provide that the governing authority of Effingham County shall not be required to levy and collect an ad valorem tax for the authority; to provide for the exercise of the powers and duties of the authority; to provide for the membership of the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is passed pursuant to Paragraph N of the provisions of the Constitution which were added by Resolution Act 237 (House Resolution No. 632-1401) enacted at the 1968 session of the General Assembly, found at Ga. L. 1968, p. 1733, and creating the Effingham County Industrial Development Authority, which Paragraph N authorizes the General Assembly to define and prescribe the powers and duties of the authority and regulate the management and conduct of the authority. Section 2. The governing authority of Effingham County is authorized to and may, at its discretion, levy and collect an annual ad valorem tax of not more than two mills for development and promotion of industry and shall, if such tax is levied and collected, pay to the Effingham County Industrial Development Authority all funds derived from such tax to be used for the purposes of the authority. Notwithstanding the provisions of the Resolution Act referred to in Section 1 of this Act, the governing authority of Effingham County shall not be required to levy and collect such tax. Such discretionary grant of taxing authority is deemed by the General Assembly to be a further definition and prescription of the powers and duties of the authority and a further regulation of the management and conduct of the authority. Page 3874 Section 3. The authority shall be composed of eight members. One member shall be a resident of the City of Rincon, one member shall be a resident of the City of Springfield, one member shall be a resident of the City of Guyton, and five members shall be residents of Effingham County. The five members representing Effingham County shall be selected so as to ensure that one member resides in each county commissioner election district. All members of the authority shall be appointed by the governing authority of Effingham County. Prescribing the membership of the authority is deemed by the General Assembly to be a further definition and prescription of the powers and duties of the authority and a further regulation of the management and conduct of the authority. Section 4. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill further defining and prescribing the powers and duties of the Effingham County Industrial Development Authority; and providing for matters related thereto, and for other purposes. This 7th day of January, 1986. Dorothy Standard J8B Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following date: January 8, 1986. /s/ George A. Chance, Jr. Representative, 129th District Page 3875 Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. CITY OF ADEL BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 866 (House Bill No. 1450). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 128 enacted at the 1937-38 Extra Session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937-38 Ex. Sess., p. 7) and which authorizes the City of Adel to issue refunding bonds and which authorizes the City of Adel to issue general obligation bonds for certain systems without regard to debt limitations; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 128 enacted at the 1937-38 Extra Session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937-38 Ex. Sess., p. 7) and which authorizes the City of Adel to issue refunding bonds and which authorizes the City of Adel to issue general obligation Page 3876 bonds for certain systems without regard to debt limitations; shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as part of the Constitution of Georgia that constitutional amendment which was proposed by Resolution Act No. 128 enacted at the 1937 -38 Extra Session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937 -38 Ex. Sess., p. 7) and which authorizes the City of Adel to issue refunding bonds and which authorizes the City of Adel to issue general obligation bonds for certain systems without regard to debt limitations; to provide the authority for this Act; to provide for related matters and for other purposes. This 20th day of January, 1986. Hanson Carter Representative District 146th Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News Page 3877 and Tribune which is the official organ of Cook County, on the following date: January 22, 1986. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. BERRIEN COUNTY INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 867 (House Bill No. 1451). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 153 (House Resolution No. 416-862) of the 1962 General Assembly (Ga. L. 1962, p. 819), and which was duly ratified at the 1962 general election and which relates to the creation of the Berrien County Industrial Building Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 153 (House Resolution No. 416-862) Page 3878 of the 1962 General Assembly (Ga. L. 1962, p. 819), and which was duly ratified at the 1962 general election and which relates to the creation of the Berrien County Industrial Building Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment ratified in 1962 (Ga. L. 1962, p. 819), which created the Berrien County Industrial Building Authority; and for other purposes. This 21st day of January, 1986. Hanson Carter Representative, 146th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: January 22, 1986. /s/ Hanson Carter Representative, 146th District Page 3879 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. TOWN OF MARSHALLVILLE MAYOR'S OR RECORDER'S COURT; FINES. No. 868 (House Bill No. 1459). AN ACT To amend an Act reincorporating the Town of Marshallville in the County of Macon and making the same a city, approved March 13, 1970 (Ga. L. 1970, p. 2692), so as to increase the amount of fines which may be imposed for violating an ordinance of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the Town of Marshallville in the County of Macon and making the same a city, approved March 13, 1970 (Ga. L. 1970, p. 2692), is amended by striking in its entirety Section 3.04 and inserting in its place a new Section 3.04 to read as follows: Section 3.04. Mayor's or Recorder's Court. There shall be a mayor's or recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor or recorder in the courtroom in the city hall of said city as often as necessary. If the Page 3880 council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council, and if so appointed, such recorder shall conduct the court. If no recorder be appointed, then the mayor shall conduct the court. If both mayor and recorder be absent or disqualified, then any councilman designated by the mayor may hold court. Said recorder or mayor shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said city for a period not exceeding 30 days, or to impose a fine not exceeding $500.00. Either one or more of said penalties may be imposed, in the discretion of the presiding officer. The recorder or mayor shall have the right to issue criminal warrants, to hold preliminary trials, and to fix bonds of all persons tried before him to answer for their appearance at the Superior Court of Macon County or the State Court of Macon County for violations of the criminal laws of said state, or, in default of such bond, to commit such offenders to jail for safekeeping. The right of appeal to the Superior Court of Macon County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the probate court. An appeal to the superior court shall be a de novo proceeding. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act reincorporating the Town of Marshallville in the County of Macon and making the same a city, approved March 13, 1970 (Ga. L. 1970, p. 2692), so as to increase the amount of fines which may be imposed for violating an ordinance of the city; and for other purposes. This 15th day of January, 1986. Honorable Robert Ray Representative, 98th District Page 3881 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian which is the official organ of Macon County, on the following date: January 15, 1986. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. DOWNTOWN DALTON DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 869 (House Bill No. 1461). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 185 of the 1980 General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2119) and which relates to the creation, powers, and operation of the Downtown Dalton Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 3882 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 185 of the 1980 General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2119) and which relates to the creation, powers, and operation of the Downtown Dalton Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 185 of the 1980 General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2119) and which relates to the creation, powers, and operation of the Downtown Dalton Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 27th day of December, 1985. ROGER WILLIAMS State Representative District 6, Post 1 1-10, 1-17 Page 3883 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dalton Daily Citizen-News which is the official organ of Whitfield County, on the following date: January 17, 1986. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. CITY OF ATHENS MUNICIPAL COURT; CREATION. No. 870 (House Bill No. 1474). AN ACT To amend an Act providing a new charter for the City of Athens, approved April 11, 1979 (Ga. L. 1979, p. 3770), so as to provide that the Mayor and Council of the City of Athens shall be authorized to establish and maintain a municipal court for the City of Athens; to provide for the jurisdiction of the court; to provide for the power of the court to impose punishments; to provide for court costs and fees; to provide for bails and recognizances; to provide for applicability of general law; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 3884 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Athens, approved April 11, 1979 (Ga. L. 1979, p. 3770), is amended by adding a new Chapter 5 of Article IV to read as follows: CHAPTER 5 MUNICIPAL COURT Section 4-501. Creation. The Mayor and Council of the City of Athens shall be authorized to establish a municipal court for the City of Athens. Section 4-502. Jurisdiction. (a) The municipal court shall have jurisdiction to try and punish violations of municipal ordinances. (b) The punishment imposed for violation of any ordinance shall not exceed a fine of $1,000.00 or imprisonment for six months or both, except with respect to any matters for which a greater punishment is authorized by general law. (c) The municipal court shall have the power to punish those in its presence for contempt of court, provided that the punishment imposed for any contempt of court shall not exceed a fine of $500.00 or imprisonment for 20 days or both. Section 4-503. Bails and recognizances. The municipal court shall have the authority to provide for bails and recognizances and for surety therefor to ensure the presence of those charged with violations before the court; and the court shall have authority to provide for forfeitures of the same. Section 4-504. Other powers. The municipal court shall have the same authority as the superior courts to compel the production of evidence, to enforce obedience to its orders, and to administer oaths. The municipal court may compel the presence of parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served and executed by any appropriate officer in the same manner as process of the superior courts. Page 3885 Section 4-505. Applicability of general law. The municipal court shall be subject to all provisions of general law relating to courts of municipal corporations and shall have, in addition to the jurisdiction and powers enumerated in this chapter, all jurisdiction and powers granted by general law to courts of municipal corporations. Section 4-506. Rules. With the approval of the mayor and council the municipal court may make reasonable rules and regulations for the operation and administration of the court. Section 4-507. Costs and fees. With the approval of the mayor and council the municipal court may establish reasonable costs and fees to be charged by the court. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1986 regular session thereof for the passage of the Amendment to the City Charter to specifically provide for a Municipal Court and to establish the jurisdiction thereof; and for other purposes. This 21st day of January, 1986. Mayor and Council of the City of Athens, Georgia By: Denny C. Galis, City Attorney PN:1-24 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan, who, on oath, Page 3886 deposes and says that he is Representative from the 67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner Herald which is the official organ of Clarke County, on the following date: January 24, 1986. /s/ Hugh Logan Representative, 67th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 871 (House Bill No. 1483). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 237 (House Resolution No. 632-1401) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1733) and which creates the Effingham County Industrial Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 3887 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 237 (House Resolution No. 632-1401) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1733) and which creates the Effingham County Industrial Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as part of the Constitution of Georgia that constitutional amendment which was proposed by Resolution Act No. 237 (House Resolution No. 632-1401) enacted at the 1968 session of the General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1733) and which creates the Effingham County Industrial Development Authority; to provide the authority for this Act; to provide for related matters; and for other purposes. This 7th day of January, 1986. Dorothy Standard J8B Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, Page 3888 on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following date: January 8, 1986. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 22nd day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. TATTNALL COUNTY BOARD OF EDUCATION; COMPENSATION. No. 872 (House Bill No. 1494). AN ACT To amend an Act providing for elections of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended by an Act approved February 28, 1969 (Ga. L. 1969, p. 2135), an Act approved April 17, 1973 (Ga. L. 1973, p. 2960), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4760), so as to change the compensation of the chairman and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 3889 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for elections of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended by an Act approved February 28, 1969 (Ga. L. 1969, p. 2135), an Act approved April 17, 1973 (Ga. L. 1973, p. 2960), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4760), is amended by striking subsection (g) of Section 1 and inserting in its place a new subsection (g) to read as follows: (g) Salaries and expenses. Members shall receive as compensation for their services as members an amount not less than $125.00 and not more than $250.00 per month as determined by the board. The chairman shall receive as compensation for his services an amount of not less than $200.00 and not more than $400.00 per month as determined by the board. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for elections of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, so as to change the compensation of the chairman and members of the board; and for other purposes. This 6th day of January, 1986. Ben F. Sikes 1/9/3t/2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, Page 3890 duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following date: January 16, 1986. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. HENRY COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 873 (House Bill No. 1497). AN ACT To provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees; to provide for the amount of such fees; to provide for certain procedures relating to the collection and remittance of such fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The collection of additional costs in cases before the Magistrate Court of Henry County shall be made Page 3891 for the benefit of the Henry County Law Library. The amount of such fees shall not exceed $3.00. The amount of such fees shall be determined by the chief judge of the Superior Court of Henry County. (b) The clerk of the Magistrate Court of Henry County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice Legal No. 918 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees; to provide for the amount of such fees; to provide for certain procedures relating to the collection and remittance of such fees; and for other purposes. This 14th day of January, 1986. Larry Smith Rep. 78th District 1tc-1-22 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry County Herald which is the official organ of Henry County, on the following date: January 22, 1986. /s/ Larry Smith Representative, 78th District Page 3892 Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. MITCHELL COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 874 (House Bill No. 1510). AN ACT To provide that the successor to the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board; to provide for matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Upon the expiration of the term of office of the county school superintendent of Mitchell County holding office when this section becomes of full force and effect, as provided in Section 2 of this Act, the Mitchell County board of education shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. Successors to such appointee shall be chosen in like manner. The first superintendent appointed by the board shall be appointed at the first meeting of the board held after the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect. In the event Page 3893 the office of school superintendent becomes vacant by reason of death, resignation, or otherwise prior to the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect, such vacancy shall be filled by the board appointing a school superintendent, to serve at the board's pleasure, at the first meeting of the board held after said office becomes vacant. Any county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents, except as otherwise provided in this Act. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Mitchell County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Mitchell County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 1986 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Mitchell County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the appointment of the county school superintendent of Mitchell County by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date. The expense of such election shall be borne by Mitchell County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Page 3894 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1986 Session of the General Assembly of Georgia a bill to provide that the successor to the County School Superintendent of Mitchell County, Georgia, shall be appointed by vote of the Mitchell County Board of Education to serve at the pleasure of the Mitchell County Board of Education; to provide for matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 16th day of January, 1986. /s/ A. Richard Royal A. Richard Royal, Representative House District No. 144 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 17, 1986. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 3895 OCONEE COUNTY TREASURER'S OFFICE ABOLISHED; JUDGE OF THE PROBATE COURT; DUTIES. No. 875 (House Bill No. 1511). AN ACT To provide that there shall be no office of treasurer of Oconee County; to provide that the governing authority of Oconee County shall be authorized to select a person to perform the duties of treasurer; to repeal an Act providing for the abolition of the office of treasurer of Oconee County and providing for the probate judge to perform the duties of the office of treasurer, approved August 18, 1919 (Ga. L. 1919, p. 711), as amended by an Act approved August 10, 1920 (Ga. L. 1920, p. 593), an Act approved August 7, 1925 (Ga. L. 1925, p. 731), and an Act approved February 7, 1952 (Ga. L. 1952, p. 2235); to provide that the probate judge of Oconee County shall have no responsibility for performing any duties of the office of treasurer and shall cease to receive the compensation formerly provided therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There shall be no office of treasurer of Oconee County. The governing authority of Oconee County is authorized to designate a person or persons to perform the duties which would otherwise be performed by the treasurer. Such person or persons shall receive and disburse all funds which would otherwise be received and disbursed by the treasurer in the same manner as provided by the general laws relating to county treasurers. Section 2. An Act providing for the abolition of the office of treasurer of Oconee County and providing for the probate judge to perform the duties of the office of treasurer, approved August 18, 1919 (Ga. L. 1919, p. 711), as amended by an Act approved August 10, 1920 (Ga. L. 1920, p. 593), an Act approved August 7, 1925 (Ga. L. 1925, p. 731), and an Act approved February 7, 1952 (Ga. L. 1952, p. 2235), is repealed in its entirety. Page 3896 The probate judge of Oconee County shall have no responsibility for performing any of the duties of the office of treasurer and shall cease to receive the compensation formerly provided therefor. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that there shall be no office of treasurer of Oconee County; to provide that the governing authority of Oconee County shall be authorized to designate a person or persons to perform the duties of treasurer; to provide that the probate judge of Oconee County shall not be responsible for or be compensated for performing the duties of treasurer; to provide for all matters related to the foregoing; to repeal conflicting laws; and for other purposes. This 6th day of January, 1986. Choyce A. Johnson Chairman, Oconee County Board of Commissioners PN: 1/9 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following date: January 9, 1986. /s/ Frank E. Stancil Representative, 66th District Page 3897 Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. CITY OF WAYCROSS BOARD OF EDUCATION; MEMBERSHIP OF CITY MANAGER. No. 876 (House Bill No. 1514). AN ACT To amend an Act establishing a system of public schools for the City of Waycross, approved October 22, 1887 (Ga. L. 1887, p. 833), as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 1242), so as to remove from the board as an ex officio member the mayor (now city manager) of the City of Waycross; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a system of public schools for the City of Waycross, approved October 22, 1887 (Ga. L. 1887, p. 833), as amended, particularly by an Act approved August 18, 1913, (Ga. L. 1913, p. 1242), is amended by repealing in its entirety Section 1 of said 1913 amendatory Act, which reads as follows: Section 1. That in addition to the seven members of the Board of Education now provided for by said Acts, the Page 3898 Mayor of the City of Waycross for the time being shall always also be ex-officio a member of the Board of Education of said city, and as such shall have the same rights, powers and privileges as the other members of said board. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act establishing a system of public schools for the city of Waycross, approved October 22, 1887 (Ga. L. 1887, p. 833), as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 1242), so as to remove from the board as an ex officio member the mayor (now city manager) of the City of Waycross; to provide an effective date; and for other purposes. This 15th day of January, 1986. Honorable Harry D. Dixon Representative, 151st District 1-181-Sat. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: January 18, 1986. /s/ Harry D. Dixon Representative, 151st District Page 3899 Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. CITY OF WAYCROSS BOARD OF EDUCATION; MEMBERSHIP OF CITY MANAGER. No. 877 (House Bill No. 1515). AN ACT To amend an Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved August 16, 1922 (Ga. L. 1922, p. 1087), so as to remove the city manager as an ex officio member of the Board of Education of the City of Waycross; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved August 16, 1922 (Ga. L. 1922, p. 1087), is amended by repealing in its entirety subsection (o) of Section 19, relating to the duties of the city manager, which reads as follows: (o) To act as ex officio member of the Board of Education instead of the Mayor, as provided by the present charter. Section 2 . This Act shall become effective on July 1, 1986. Page 3900 Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE IF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved August 16, 1922 (Ga. L. 1922, p. 1087), so as to remove the city manager as an ex officio member of the Board of Education of the City of Waycross; to provide an effective date; and for other purposes. This 15th day of January, 1986. Honorable Harry D. Dixon Representative, 151st District 1-181-Sat. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: January 18, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3901 HOUSTON COUNTY BOARD OF COMMISSIONERS; REDEVELOPMENT POWERS; REFERENDUM. No. 878 (House Bill No. 1613). AN ACT To amend an Act creating a Board of Commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, so as to authorize Houston County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, is amended by adding between Sections 8B and 9 a new Section 8C to read as follows: Section 8C. The county shall have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2 . After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Houston County to issue the call for a special election for the purpose of submitting this Act to the electors of Houston County for approval or rejection. The superintendent Page 3902 shall set the date of such election for the same date as the general election of 1986. The superintendent shall issue the call for said election at least 29 but not more than 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Houston County. The ballot shall have written or printed thereon the words: () YES () NO hall the Act authorizing Houston County to have and to exercise all redevelopment and other powers authorized or granted counties pursuant to the 'Redevelopment Powers Law,' as now or hereafter amended, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect upon the date the results of the election pursuant to this section are certified to the Secretary of State; otherwise Section 1 of this Act shall be void and of no force and effect. The expense of any such election shall be borne by Houston County. It shall be the duty of the election superintendent thereof to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 3903 1986 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended; and for other purposes. This 14th day of January, 1986. Honorable Roy H. Watson Jr. Representative, 114th District Honorable Larry Walker Representative, 115th District Honorable Ted Waddle Representative, 113th District 1t 1/30 Georgia, Houston County Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intent to Introduce Local Legislation was published in The Houston Home Journal on the following dates: Jan. 30th, 1986. This 31st day of January, 1986. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 31st day of January, 1986. /s/ Tammy Draper Notary Public, Houston County. Notary Public, Georgia, State at Large. My Commission Expires Oct. 8, 1988. (SEAL). Approved March 18, 1986. Page 3904 WARE COUNTY TAX TO PROMOTE NEW INDUSTRY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 879 (House Bill No. 1667). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 13 enacted at the 1937 session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937, p. 1129) and which authorizes Ware County to levy a tax to promote and encourage new industry; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 13 enacted at the 1937 session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937, p. 1129) and which authorizes Ware County to levy a tax to promote and encourage new industry shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 3905 in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment which was proposed by Resolution Act No. 13 enacted at the 1937 session of th General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937, p. 1129) and which authorizes Ware County to levy a tax to promote and encourage new industry; to provide the authority for this Act; to provide for related matters; and for other purposes. This 23 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3906 DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITYLOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 880 (House Bill No. 1668). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 164 (House Resolution No. 712-2070) enacted at the 1974 session of the General Assembly and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1764) and which authorizes the General Assembly to create the Downtown Waycross Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 164 (House Resolution No. 712-2070) enacted at the 1974 session of the General Assembly and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1764) and which authorizes the General Assembly to create the Downtown Waycross Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 3907 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 164 (House Resolution No. 712-2070) enacted at the 1974 session of the General Assembly and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1764) and which authorizes the General Assembly to create Downtown Waycross Development Authority; to provide the authority for this Act; to provide for related matters; and for other purposes. This 25 day of January, 1986. Harry D. Dixon 2-1-1Sat. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3908 NEWTON COUNTY BUSINESS LICENSES IN UNINCORPORATED AREAS; SPORT ACTIVITIES; TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 881 (House Bill No. 1701). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with certain amusement or sporting activities (Resolution Act No. 25; House Resolution No. 142-425; Ga. L. 1971, p. 945); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment authorizing the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with certain amusement or sporting activities (Resolution Act No. 25; House Resolution No. 142-425; Ga. L. 1971, p. 945) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Legal No. 3659 February 6, 13, 20 Newton County Board of Commissioners Page 3909 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with certain amusement or sporting activities (Resolution Act No. 25; House Resolution No. 142-425; Ga. L. 1971, p. 945); and for other purposes. This 4th day of February, 1986. Denny M. Dobbs Newton County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: February 6, 1986. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3910 CITY OF JEFFERSONVILLE MAYOR AND COUNCIL; TERMS OF OFFICE. No. 882 (House Bill No. 1740). AN ACT To amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. L. 1909, p. 977), as amended, particularly by an Act approved January 26, 1938 (Ga. L. 1937-38 Ex. Sess.), and an Act approved March 23, 1977 (Ga. L. 1977, p. 3608), so as to provide for four-year terms of office for the mayor and council; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. L. 1909, p. 977), as amended, particularly by an Act approved January 26, 1938 (Ga. L. 1937-38 Ex. Sess.), and an Act approved March 23, 1977 (Ga. L. 1977, p. 3608), is amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) On the first Wednesday in December, 1987, and quadrennially thereafter, there shall be an election for a mayor and seven councilmen who shall hold office for four years from the date of their election and until their successors are elected and qualified. The mayor shall be elected by the qualified electors residing within the city. Five councilmen shall be elected from Election District No. 1. Each councilman elected from said district must be a resident thereof. There shall be five posts numbered post 1, post 2, post 3, post 4, and post 5. A candidate shall designate the post for which he is offering, and a candidate shall run for only one post. The five councilmen shall be elected by the qualified electors residing within Election District No. 1. Two councilmen shall be elected from Election District No. 2. Each councilman elected from said district must be a resident thereof. There shall be two posts numbered post Page 3911 6 and post 7. A candidate shall designate the post for which he is offering, and a candidate shall run for only one post. The two councilmen shall be elected by the qualified electors residing within Election District No. 2. (b) For the purpose of electing councilmen as provided in subsection (a) of this section, the City of Jeffersonville is divided into the following election districts: Election District No. 1All of the City of Jeffersonville southeast of Georgia 96 west of U.S. Highway No. 80 and all of said city southeast of Magnolia Street; and Election District No. 2All of the City of Jeffersonville northwest of Georgia 96 west of U.S. Highway No. 80 and all of said city northwest of Magnolia Street. (c) All persons who are qualified under the Constitution and laws of this state to vote for members of the General Assembly and who have been bona fide residents of the city for at least 60 days preceding the date of the election shall be entitled to vote. Elections shall be conducted by an election superintendent and managers as appointed by the mayor and council. No election official may be a candidate in the election. If the mayor and council fail to appoint election officials, the judge of the probate court shall so appoint. (d) Before entering upon the duties of office, each election official shall take and subscribe the following oath before an officer authorized to administer oaths: `I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed; that I will allow all persons to vote in this election whose names are on the list furnished me by the registrars of this city for this election and that I will allow no one to vote in this election whose name does not appear on said list; and that I will correctly count and report the votes cast, so help me God.' Section 2. Effective December 1, 1987, an Act to amend an Act establishing a new charter for the City of Jeffersonville, Page 3912 so as to change the provisions relating to the composition and election of the members of the city council, approved March 23, 1977 (Ga. L. 1977, p. 3608), is repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. L. 1909, p. 977), as amended, particularly by an Act approved January 26, 1938 (Ga. L. 1937-38 Ex. Sess.), and an Act approved March 23, 1977 (Ga. L. 1977, p. 3608), so as to provide for four-year terms of office for the mayor and council; to repeal specific laws; and for other purposes. This 1st day of February, 1986. Kenneth W. Birdsong Representative, 104th District 2/5,12,19,26 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: February 5, 1986. /s/ Kenneth W. Birdsong Representative, 104th District Page 3913 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. WARE COUNTY CORONER; COMPENSATION. No. 883 (House Bill No. 1743). AN ACT To provide for the compensation of the coroner of Ware County; to provide for the payment of such compensation; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The coroner of Ware County is placed on an annual salary in lieu of the fee system of compensation. The coroner shall be compensated in the amount of $400.00 per month. Such compensation shall be paid monthly from the funds of Ware County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, and other emoluments and perquisites of whatever kind shall become the property of Ware County and shall be paid into the county treasury at least once each month. Page 3914 Section 2. This Act shall become effective on May 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to increases the compensation of teh Coroner of Ware County. This 23 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 18, 1986. Page 3915 GRIFFIN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 884 (House Bill No. 1747). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 263 (House Resolution No. 826-1885) enacted at the 1980 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2315) and which creates the Griffin Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 263 (House Resolution No. 826-1885) enacted at the 1980 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1980, p. 2315) and which creates the Griffin Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill Page 3916 to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (H. R. 826-1885, 1980 Ga. Laws, pages 2315-2333), duly adopted at the 1980 general election and proclaimed by the Governor to be a part of the Constitution of 1976 and continued as a part of the Constitution of 1983, which amendment creates the Griffin Development Authority; and for other purposes. This 4th day of February, 1986. /s/ John L. Mostiler State Representative House District 75 STATE OF GEORGIA. COUNTY OF SPALDING. I, Paul Bonnerup, do hereby certify that I am publisher of the Griffin Daily News, a newspaper having general circulation in Griffin, Spalding County, Georgia, and the attached notice was published in said newspaper on the following date, to wit: February 6, 1986. /s/ Paul Bonnerup Publisher Sworn to and subscribed before me this 7 day of February, 1986. /s/ Cheryl Hutchison Notary Public, Spalding Co., GA. My Commission Expires Mar. 20, 1988. (SEAL). Approved March 18, 1986. Page 3917 MILLER COUNTY BOARD OF EDUCATION; EDUCATION DISTRICTS. No. 885 (House Bill No. 1761). AN ACT To amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4713), so as to reapportion the education districts in said county; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4713), is amended by striking subsection (a) Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board of education of Miller County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Miller County, said county shall be divided into five education districts as follows: Education District No. 1 Miller Tract 9901 Blocks 101 through 108 and 132 through 144 Those parts of Blocks 172 and 173 inside the City of Colquitt Blocks 176 through 191, 210 through 215, 219, 222 through 230, and 232 Page 3918 Education District No. 2 Miller Tract 9901 Blocks 192 through 199 and 201 through 206 Those parts of Blocks 207, 208, and 295 outside the City of Colquitt Blocks 296 through 299 and 301 through 315 Those parts of Blocks 316, 330, and 331 outside the City of Colquitt Blocks 368 through 387 and 437 through 439 Education District No. 3 Miller Tract 9901 Those parts of Blocks 332 through 334 and 336 outside the City of Colquitt Blocks 337, 341, 350 through 367, 388 through 399, and 401 through 436 Education District No. 4 Miller Tract 9901 Those parts of Blocks 170, 171, 207, and 208 inside the City of Colquitt Blocks 209, 216 through 218, 220, 221, 231, and 233 through 268 Those parts of Blocks 269 and 284 inside the City of Colquitt Page 3919 Blocks 285 through 294 Those parts of Blocks 295 and 316 inside the City of Colquitt Blocks 317 through 329 Those parts of Blocks 330 through 334 inside the City of Colquitt Block 335 That part of Block 336 inside the City of Colquitt Education District No. 5 Miller Tract 9901 Blocks 109 through 131 and 145 through 169 Those parts of Blocks 170 through 173 outside the City of Colquitt Blocks 174 and 175 That part of Block 269 outside the City of Colquitt Blocks 270 through 283 That part of Block 284 outside the City of Colquitt Blocks 338 through 340, 342 through 349, and 440 Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved Page 3920 April 9, 1981 (Ga. L. 1981, p. 4713), so as to reapportion the education districts in said county; and for other purposes. This 21 day of Jan., 1986. /s/ Honorable Ralph J. Balkcom Representative, 140th District Georgia, Miller County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Toole, who, on oath, deposes and says that he is the Editor and Publisher of the Miller County Liberal, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of Miller County, Georgia, on the following date: January 30, 1986. /s/ Terry Toole Sworn to and subscribed before me this 4th day of February, 1986. /s/ Cheryl C. Bridges Notary Public-Miller County, GA My Commission Expires: Nov. 11, 1989 (SEAL). Approved March 18, 1986. Page 3921 STATE COURT OF MILLER COUNTY JUDGE AND SOLICITOR; SALARY. No. 886 (House Bill No. 1762). AN ACT To amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved February 27, 1975 (Ga. L. 1975, p. 2549) and an Act approved February 27, 1976 (Ga. L. 1976, p. 2775), so as to change the salary of the judge and the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved February 27, 1975 (Ga. L. 1975, p. 2549) and an Act approved February 27, 1976 (Ga. L. 1976, p. 2775), is amended by striking from subsection (a) of Section 3 the following: $4,800, and substituting in lieu thereof the following: $6,000.00, so that subsection (a) of Section 3 when so amended shall read as follows: (a) The solicitor of the State Court of Miller County shall receive for his services as such an annual salary of $6,000.00, payable in equal monthly installments from the funds of Miller County. Page 3922 Section 2. Said Act is further amended by striking from Section 34 the following: $4,800, and substituting in lieu thereof the following: $7,200.00, so that Section 34 when so amended shall read as follows: Section 34. There shall be a judge of said court who shall be elected by the qualified voters of Miller County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected. The judge of said court shall receive a salary of $7,200.00 per annum payable in equal monthly installments, which salary shall not be diminished during his term of office. The judge of said court shall serve for a term of office of four years and until a successor is elected and qualified. It shall be the duty of the governing authority of said county to make provisions annually for levying taxes for the purpose of compensating the judge of said court. Said judge shall receive no other compensation for his services but may practice law in any of the courts of this state except the State Court of Miller County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Georgia, Miller County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Toole, who, on oath, deposes and says that he is the Editor and Publisher of the Miller County Liberal, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of Miller County, Georgia, on the following date: January 30, 1986. /s/ Terry Toole Page 3923 Sworn to and subscribed before me this 4th day of February, 1986. /s/ Cheryl C. Bridges Notary Public-Miller County, GA My Commission Expires June 11, 1989 (SEAL). NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved February 27, 1975 (Ga. L. 1975, p. 2549) and an Act approved February 27, 1976 (Ga. L. 1976, p. 2775), so as to change the salary of the judge and the solicitor of said court; and for other purposes. This 21st day of Jan., 1986. /s/ Honorable Ralph J. Balkcom Representative, 140th District Approved March 18, 1986. CITY OF WARNER ROBINS REDEVELOPMENT POWERS; REFERENDUM. No. 887 (House Bill No. 1763). AN ACT To amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to authorize the city to have and be authorized to exercise all redevelopment and Page 3924 other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by striking Section 1-102 in its entirety and inserting in lieu thereof a new Section 1-102 to read as follows: Section 1-102. General powers. (a) The city shall have all the powers, duties, rights, privileges and immunities vested in the city as are now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia and by this charter. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws of the State of Georgia or by this charter, including all powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience and general welfare of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were fully enumerated herein. In addition, the city may sue and be sued; may contract and be contracted with; may acquire and hold any property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it and from time to time may hold or invest, sell or dispose of any of its property including, but not limited to, the abandonment of any easement when deemed desirable by the city; and may have a common seal and alter it at will. (b) The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without Page 3925 being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Warner Robins to issue the call for a special election for the purpose of submitting this Act to the electors of the City of Warner Robins for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1986. The superintendent shall issue the call for said election at least 29 but not more than 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Houston County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Warner Robins to have and to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the 'Redevelopment Powers Law,' as now or hereafter amended, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect upon the date the results of the election pursuant to this section are certified to the Secretary of State; otherwise Section 1 of this Act shall be void and of no force and effect. The expense of any such election shall be borne by the City of Warner Robins. It shall be the duty of the election superintendent thereof to hold and conduct such election and to certify the result thereof to the Secretary of State. Page 3926 Section 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended; and for other purposes. This 14th day of January, 1986. /s/ Honorable Roy H. Watson Jr. Representative, 114th District Honorable Ted Waddle Representative, 113th District 1t 130 Georgia, Houston County. Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intent to Introduce Local Legislation was published in The Houston Journal on the following dates: Jan. 30, 1986. /s/ Jim Kerce td Publisher, Houston Home Journal Perry, Georgia Page 3927 Sworn to and subscribed before me this 31st day of January, 1986. /s/ Tammy Draper Notary Public, Georgia, State At Large My Commission Expires Oct. 8, 1988. (SEAL). Approved March 18, 1986. MUSCOGEE COUNTY ADVISORY REFERENDUM ON SCHOOL BOARD ELECTIONS. No. 888 (Senate Bill No. 175). AN ACT To provide for an advisory referendum within Muscogee County to determine the opinion of the electorate as to whether members of the school board for the county should be elected from equal districts; to provide duties of the election superintendent; to provide for legislative findings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the purpose of this Act to provide for an advisory referendum within Muscogee County to determine if a majority of the electors within said county wish for legislation to be enacted by the General Assembly at its 1987 regular session providing for the election of school board members in Muscogee County from equal districts. Page 3928 Section 2. Not less than 30 nor more than 60 days before the date of the November, 1986, general election, it shall be the duty of the election superintendent of Muscogee County to issue the call for an election for the purpose of submitting this advisory referendum to the electors of Muscogee County. The superintendent shall set the date of such election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. The ballot shall have written or printed thereon the words: Advisory Referendum () YES () NO Shall legislation be enacted at the 1987 regular session of the General Assembly providing for school board members in Muscogee County to be elected from equal districts? Section 3. It shall be the duty of the election superintendent of Muscogee County to hold and conduct the advisory election provided for in this Act and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Muscogee County. The expense of such election shall be borne by Muscogee County. Section 4. It is found, determined, and declared that the holding of the advisory referendum election provided for in this Act is in all respects for the benefit of the people of Muscogee County and is for a public purpose and an essential governmental function for which public funds may be expended. Section 5. All laws and parts of laws in conflict with this Act are repealed. Page 3929 LEGAL NOTICES NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that in the 1985 session of the General Assembly of Georgia, legislation will be introduced to have an advisory referendum whether or not school board members from Muscogee County will be elected from equal districts. This 24th day of January, 1985. Floyd Hudgins State Senator Pub.Jan.27,1985 Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd Hudgins, who, on oath, deposes and says that he is Senator from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County, on the following date: January 27, 1985. /s/ Floyd Hudgins Senator, 15th District Sworn to and subscribed before me, this 31st day of January, 1985. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 3930 CITY OF SOPERTON MAYOR AND COUNCIL; TERMS; ELECTIONS; DISTRICTS. No. 889 (Senate Bill No. 290). AN ACT To amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), so as to change the term of office of certain officers; to change the method of election of the mayor and members of council of the City of Soperton; to provide that the five members of council shall be elected from single-member districts; to provide for the election of the five members of council on the same date; to provide for election of the mayor from the city at-large; to provide that municipal elections shall be nonpartisan and that no primaries shall be held; to provide for submission of this Act under the federal Voting Rights Act of 1965; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), is amended by striking in its entirety Article V, relating to the election of mayor and council members, and inserting in its place a new Article V to read as follows: ARTICLE V ELECTIONS Section 5.10. Date of elections. The terms of the mayor and council members in office on July 1, 1986, shall expire on December 31, 1986. An election for the purpose of choosing successors to such incumbents shall be held on the third Wednesday in November, 1986. The elections for the City of Soperton shall be held biennially on the succeeding third Wednesday in November under such rules and regulations as may be adopted by the mayor and council which are not inconsistent with the provisions of this charter and the laws of Georgia. The candidates for said offices, when elected, Page 3931 shall take office on the first day of January following their election and shall serve for two years and until their successors are duly elected and qualified. Section 5.11. Posts. For purposes of municipal elections conducted in 1986, and biennially thereafter, a total of five council members shall be elected to serve from council member posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Each of such council members must be a resident of the district described in Section 5.12 which has the same number as the post for which he or she seeks election. Each of such council members shall be elected by only the voters of the district which he or she seeks to represent. Section 5.12. Districts. For purposes of electing the council members from Posts 1 through 5, the City of Soperton is divided into five districts. Each of such districts shall consist of a portion of the City of Soperton bounded as follows: District 1: Beginning at a point where the center line of Georgia State Highway #46, known as the Eastman Road, intersects the city limits of the City of Soperton, from said point of beginning, proceed in a northeasterly direction along the center line of said Eastman Road to a point where the center line of said Eastman Road intersects with the center line of Mississippi Avenue; from said point run southeasterly along the center line of Mississippi Avenue to a point where the center line of Mississippi Avenue intersects the center line of First Street; from said point run along the center line of First Street in a southwesterly direction to a point formed by the intersection of the center line of First Street with the center line of Florida Ave; from said point run along the center line of Florida Ave. in a southeasterly direction to a point formed by the intersection of the center line of Florida Avenue with the center line of Third Street; from said point thence run along the center line of Third Street in a southerly direction to a point formed by the intersection of the center line of the said Third Street with the center line of Third Street and Fowler Street; thence run along the center line of Fowler Street in a southwesterly direction to a point formed by the intersection of the center line of Fowler Street with the Page 3932 city limits of the City of Soperton. Thence run in a northwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the center line of the said Eastman Road and the point of beginning. Said District 1 comprises all of the property within the boundaries stated above. District 2: Beginning at a point formed by the intersection of the center line of the Eastman Road with the city limits of the City of Soperton, run in a northeasterly direction along the centerline of said Hwy. 46 to a point formed by the intersection of the centerline of said Eastman Road with the centerline of Mississippi Avenue; from said point then run along the centerline of Mississippi Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Mississippi Avenue with the centerline of Manning Street; from said point thence run along the centerline of Manning Street in a northeasterly direction to a point formed by the intersection of the centerline of Manning Street with the centerline of Georgia Ave.; from said point thence run along the centerline of Georgia Ave. in a northwesterly direction to a point formed by the intersection of the centerline of Georgia Avenue with the centerline of Carter Street; from said point thence run along the centerline of Carter Street in a northeasterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia State Highway 29, also known as Main Street or the Dublin Road; thence run along the centerline of said State Highway 29 in a northwesterly direction to a point formed by the intersection of said centerline of said State Highway #29 with the city limits of the City of Soperton; from said point thence run in a southwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the centerline of the said Eastman Road and the point of beginning. Said District 2 comprises all of the property within the boundaries stated above. District 3: Beginning at a point formed by the intersection of Fowler Street with the city limits of the City Page 3933 of Soperton in the southwestern part of Soperton, from said point of beginning run along the centerline of Fowler Street in a northeasterly direction to a point formed by the intersection of the centerline of Fowler Street and the centerline of Third Street; thence from said point run in a northerly direction along the centerline of Third Street to a point formed by the intersection of the centerline of Third Street with the centerline of Florida Avenue; thence run in a northwesterly direction along the centerline of Florida Avenue to a point formed by the intersection of the centerline of Florida Avenue with the centerline of First Street; thence run along the centerline of First Street in a northeasterly direction to a point formed by the intersection of the centerline of First Street with the intersection of the centerline of Mississippi Avenue; thence run in a northwesterly direction along the centerline of Mississippi Avenue to a point formed by the intersection of the centerline of Mississippi Ave. with the centerline of Manning Street; thence run in a northeasterly direction along the centerline of Manning Street to a point formed by the intersection of the centerline of Manning Street with the centerline of Georgia Avenue; thence run in a northwesterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue and the centerline of New Street; thence along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street and the centerline of Georgia State Highway #29, also known as the Dublin Road; thence in a southeasterly direction along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway #29 with the centerline of Smith Street; thence along the centerline of Smith Street in a northeasterly direction to a point formed by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of the Metter Road; thence along the centerline of the Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Page 3934 Highway 46, with the centerline of College Street; thence along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street with the centerline of the Mt. Vernon Road; thence in a northerly direction along the centerline of the Mt. Vernon Road to a point formed by the intersection of the centerline of the Mt. Vernon Road with the centerline of Sessions Road; thence in a southerly direction along the centerline of Sessions Road to a point formed by the intersection of the centerline of Sessions Road with the city limits of the City of Soperton; thence along the arc formed by the city limits of Soperton in a northwesterly direction to a point formed by the intersection of said city limits with the centerline of Fowler Street and the point of beginning. Said District 3 comprises all of the property within the boundaries stated above. District 4: Beginning at a point formed by the intersection of Georgia State Highway #29, also known as Main Street and the Dublin Road with the city limits of the City of Soperton on the northwesterly side of said city, from said point of beginning run along the centerline of said State Highway 29 in a southeasterly direction to a point formed by the intersection of the centerline of said State Highway 29 with the centerline of Carter Street; thence run along the centerline of Carter Street in a southwesterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia Ave.; thence run in a southeasterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue with the centerline of New Street; thence run along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street with the centerline of State Highway 29, also known as the Dublin Road and Main Street; thence run in a southeasterly direction along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway 29 with the centerline of Smith Street; thence run in a northeasterly direction along the centerline of Smith Street to a point formed by the intersection of the centerline Page 3935 of Smith Street and the centerline of Louisiana Avenue; thence in a southeasterly direction along the centerline of Louisiana Avenue to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of Metter Road; thence along the centerline of Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway #46 with the centerline of College Street; thence run along the centerline of College Street in a southerly direction to a point formed by the intersection of the centerline of College Street with the centerline of Texas Street; thence along the centerline of Texas Street in a southeasterly direction to a point formed by the intersection of the centerline of Texas Street with the centerline of Moye Street; thence along the centerline of Moye Street in a southwesterly direction to a point formed by the intersection of the centerline of Moye Street with the centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the city limits of the City of Soperton on the southeasterly side; thence along the arc formed by the city limits of the City of Soperton in a northwesterly direction to a point formed by the intersection of the said city limits of Soperton with Georgia State Highway #29, also known as the Dublin Road and Main Street, and the point of beginning. Said District 4 comprises all of the property within the boundaries stated above. District 5: Beginning at a point formed by the intersection of the centerline of Louisiana Avenue and the city limits of the City of Soperton on the southeasterly side of the said City of Soperton, from said point of beginning run along the centerline of Louisiana Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of Moye Street thence run along the centerline of Moye Street in a northeasterly direction to a point formed by the intersection of the centerline of Moye Street and the centerline of Texas Street; thence run along the centerline of Texas Street in a northwesterly direction to a point formed by the intersection of the Page 3936 centerline of Texas Street and the centerline of College Street; thence run along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street and the centerline of the Mt. Vernon Road; thence run along the centerline of the Mt. Vernon Road in a northerly direction to a point formed by the intersection of the centerline of the Mt. Vernon Road and the centerline of Sessions Road; thence run along the centerline of Sessions Road in a southerly direction to a point formed by the intersection of the centerline of Sessions Road and the city limits of the City of Soperton on the southern portion of said city; thence run a northeasterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of the city limits of the City of Soperton with the centerline of Louisiana Avenue on the southeasterly side of the City of Soperton, and the point of beginning. Said District 5 comprises all of the property within the boundaries stated above. Section 5.13. Majority vote; election of mayor. (a) A person elected as a council member from any post shall be elected by a majority of the voters voting from that district for that office. (b) The mayor shall be elected for a term of office of two years and until a successor is elected and qualified. A candidate for mayor must be a resident of the city and, if elected, must continue to reside in the city. The mayor shall be elected by a majority of the voters voting for that office from the entire City of Soperton. Section 5.14. Separate registration. The City of Soperton shall maintain its own voter registration system. Section 5.15. Applicability of general laws. (a) The procedures and requirements for election of all elected officials of the City of Soperton as to special and general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' (b) Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and Page 3937 regulations as it deems appropriate to fulfill any options or duties under Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 5.16. Oaths. All oaths required to be administered to those persons elected to serve as mayor and council members for the City of Soperton or appointed by the mayor and council to serve in an official capacity for the said city shall be administered by the city attorney for the City of Soperton, with the exception that any oath required of the said city attorney shall be administered by the mayor of said city. Section 5.17. Removal and forfeiture of office. (a) The mayor and each council member shall be subject to removal from office and the office forfeited for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude or a crime punishable as felony; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. (b) Removal of an elected officer provided for in this section from office may be accomplished by one of the following methods: (1) By affirmative vote of three members of the mayor and council. In the event an elected officer is Page 3938 sought to be removed by the action of the mayor and council, such official shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Treutlen County for a jury trial. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an information filed in the Superior Court of Treutlen County as provided by Code Section 9-6-64 of the O.C.G.A., relating to quo warranto proceedings. Section 5.18. Nonpartisan elections; no primaries. Pursuant to the authority of Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections. Section 2. It shall be the duty of the city attorney for the City of Soperton to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the mayor and the council members of the City of Soperton to direct and ensure that such submission is made by the said city attorney or some other attorney if the city attorney fails to act. It shall be the duty of the mayor and council members and the city attorney of the City of Soperton to ensure that such submission has been completed and approval obtained as soon as possible. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the regular 1985 Session of the General Assembly of Georgia, a Bill to amend the charter of the City of Soperton so as to change Page 3939 the method of election of council members for the City of Soperton and for other purposes. This 26th day of February, 1985. Donald W. Gillis Attorney for City of Soperton State of Georgia County of Treutlen AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, James T. Windsor, who, having been duly sworn, deposes and says on oath that he is publisher of The Soperton News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Soperton News, a local newspaper of general circulation in Treutlen County, Georgia, on February 27, 1985. This 7th day of March, 1985. /s/ James T. Windsor Publisher Sworn to and subscribed before me, this 7th day of March, 1985. /s/ Jeanne B. McLendon Notary Public. My Commission Expires July 16, 1985. Approved March 18, 1986. Page 3940 CALHOUN COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 890 (Senate Bill No. 353). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the Calhoun County board of education which was proposed by Resolution Act No. 53 of the 1955 General Assembly and which was duly ratified at the 1956 general election (Ga. L. 1955, p. 470); to provide that such continuation of such constitutional amendment shall not be construed as authorizing non-compliance with the terms of any court order relating to the Calhoun County board of education; to provide the authority for this Act; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment relating to the Calhoun County board of education which was proposed by Resolution Act No. 53 of the 1955 General Assembly and which was duly ratified at the 1956 general election (Ga. L. 1955, p. 470) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act shall not authorize any noncompliance with any court order relating to the Calhoun County board of education, and the board of education shall continue to be elected and to operate in compliance with the terms of any such court order which has previously been entered and is by its terms still applicable to the board of education. Section 3. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 3941 Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the Calhoun County board of education which was proposed by Resolution Act No. 53 of the 1955 General Assembly and which was duly ratified at the 1956 general election (Ga. L. 1955, p. 470); to provide that such continuation of such constitutional amendment shall not be construed as authorizing noncompliance with the terms of any court order relating to the Calhoun County board of education; and for other purposes. This 20th day of December, 1985. Bobby E. Paul Superintendent December 27, 1985 5427 AFFIDAVIT OF PUBLICATION GEORGIA, DOUGHERTY COUNTY. Personally appeared before the undersigned, an officer, authorized to administer oaths, Geoffrey L. Gray, who being sworn, says that he is Advertising Director of The Albany Herald Publishing Company, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Calhoun County, and Baker County, and that the advertisement of Local Leg. 1986 Session Calhoun County A TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for December 27 1985. /s/ Geoffrey L. Gray Advertising Director Page 3942 Sworn to and subscribed before me at Albany, Georgia, this 7 day of January 1986. /s/ Pauline Buckner Notary Public. My Commission Expires May 20, 1989. Approved March 18, 1986. WAYNE COUNTY CORONER; COMPENSATION. No. 891 (Senate Bill No. 359). AN ACT To amend an Act providing for the compensation of the coroner of Wayne County, approved March 17, 1978 (Ga. L. 1978, p. 4056), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the coroner of Wayne County, approved March 17, 1978 (Ga. L. 1978, p. 4056), is amended by striking Section 2, which reads as follows: Section 2. The coroner shall receive a monthly salary of $100.00, payable from the funds of Wayne County. In addition thereto, the coroner shall receive a monthly automobile expense allowance of $50.00, payable from the funds of Wayne County., and inserting in lieu thereof a new Section 2 to read as follows: Page 3943 Section 2. The coroner shall receive a monthly salary of $200.00, payable from the funds of Wayne County. In addition thereto, the coroner shall receive a monthly automobile expense allowance of $100.00, payable from the funds of Wayne County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Wayne County - Coroner's Compensation An Act To amend an Act providing for the compensation of the Coroner of Wayne County approved March 17, 1978 (Ga. Laws 1978, p. 4056), so as to change the compensation of the Coroner of Wayne County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Coroner of Wayne County, approved March 17, 1978 (Ga. Laws 1978, p. 4056) is hereby amended by striking Section 2, which reads as follows: Section 2. The coroner shall receive a monthly salary of $100.00, payable from the funds of Wayne County. In addition thereto, the coroner shall receive a monthly automobile expense allowance of $50.00, payable from the funds of Wayne County. and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The coroner shall receive a monthly salary of $200.00, payable from the funds of Wayne County. In addition thereto, the coroner shall receive a monthly automobile expense allowance of $100.00, payable from the funds of Wayne County. Page 3944 Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1986 session of the General Assembly of Georgia, a bill to provide for increases in salary and automobile expense allowance for the Coroner of Wayne County; to provide for the procedures therewith; and for other purposes. Dated: January 6, 1986. /s/ Nancy Jones County Clerk January 10, 15, 17 and 22, 1986, no 655 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Riley Reddish, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Press Sentinel which is the official organ of Wayne County, on the following date: January 10, 1986. /s/ Riley Reddish Senator, 6th District Sworn to and subscribed before me, this 14th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 3945 CITY OF MILLEDGEVILLE CORPORATE LIMITS. No. 892 (Senate Bill No. 367). AN ACT To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by adding at the end of Section 3 the following: In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described tracts of land shall be included within said corporate limits: PARCEL I: All that certain tract or parcel of land situate, lying and being in the 1st Land District Baldwin and 5th Land District (originally Wilkinson); 321st G.M.D. of Baldwin County, Georgia, containing 1,904.9 acres, more or less, and being more particularly described as follows: Beginning at the western right-of-way line of State Highway No. 112 (also known as Vinson Highway) at its intersection with the southern right-of-way line of Carl Vinson Road, and from this point of beginning thence running S71 - 10[prime]W, along the southern right-of-way line of Carl Vinson Road, a distance of 489.0 feet to a point; thence continuing along the southern right-of-way line of Carl Vinson Road running S79 - 10[prime]W, a distance of 216.0 feet to a point; thence continuing along the southern right-of-way line of Carl Vinson Road Page 3946 in a westerly direction, a distance of 5,489.0 feet to a point (said point being more particularly identified by beginning from the next preceding point described herein above and running from said point S79 - 50[prime]W a distance of 5,342 feet to a point); thence running N45 - 06[prime]W a distance of 4,015.0 feet to a point; thence running N45 - 0[prime]E a distance of 2,760.0 feet to a point; thence running N17 - 0[prime]W a distance of 1,736.0 feet to the center line of Camp Creek; thence running in a westerly direction along the center line of Camp Creek a distance of 3,400.0 feet to a point (said point being more particularly identified by beginning from the next preceeding point described herein above and running from said next preceeding point S89 - 0[prime]W a distance of 3,050.0 feet to a point); thence running N44 - 02[prime]E a distance of 370 feet to a point; thence running along Thomasfield Road N44 - 02[prime]E a distance of 2,637.5 feet to point; thence continuing along Thomasfield Road N59 - 31[prime]E a distance of 873.6 feet to a point; thence running N23 - 06[prime]E a distance of 258.1 feet to a point; thence running N46 - 47[prime]W a distance of 1,568.9 feet to a point; thence running N44 - 50[prime]E a distance of 676.3 feet to a point; thence running N46 - 43[prime]W a distance of 456.2 feet to a point; thence running N48 - 48[prime]E a distance of 463.3 feet to a point; thence running N46 - 21[prime]E a distance of 417.5 feet to a point; thence running N45 - 11[prime]W a distance of 688.0 feet to a point; thence running N52 - 18[prime]E a distance of 802.9 feet to a point; thence running N56 - 08[prime]E a distance of 846.8 feet to a point (said point being located on the western right-of-way line of Swint Avenue); thence running along the western right-of-way line of Swint Avenue N05 - 43[prime]W a distance of 280.0 feet to a point; thence running N77 - 0[prime]E a distance of 560 feet to a point; thence running S28 - 0[prime]E a distance of 1,120.0 feet to a point; thence running N63 - 0[prime]E a distance of 1,475.0 feet to a point (said point being located along the western right-of-way line of Vinson Highway); thence running along the western right-of-way line of Vinson Highway S10 - 15[prime]E a distance of 1,935.0 feet to a point; thence continuing along the western right-of-way line of Vinson Highway S17 - 20[prime]E a distance of 650.0 feet to a point; thence running S83 - 0[prime]E a distance of 475.0 feet to a point; thence running S45 - 0[prime]E Page 3947 a distance of 1,970.0 feet to a point; thence running N45 - 0[prime]E a distance of 1,110.0 feet to a point; thence running S48 - 05[prime]E a distance of 1,375.0 feet to a point (said point being located along the western river bank of the Oconee River); thence running in a southerly direction along the western river bank of the Oconee River a distance of 9,350.0 feet to a point (said point being more particularly identified by beginning from the next preceeding point described herein above and running from said next preceeding point S43 - 45[prime]W a distance of 7,175.0 feet to a point); thence running S59 - 21[prime]W a distance of 4,253.0 feet to a point (said point being located along the eastern right-of-way line of State Highway Number 112); thence running S45 - 0[prime]W a distance of 102.0 feet to a point, said point being the point of beginning. This 1904.9 acres, more or less, is presently owned by the State of Georgia and is known as the Central State Hospital property. PARCEL II: All that tract or parcel of land situate, lying and being in the 321st G.M.D., Baldwin County, Georgia known as that certain right-of-way land of Swint Avenue beginning at a point where the present corporate limits of the City of Milledgeville, as established on or before 1842, intersect with Swint Avenue and running in a southern direction until said right of way of Swint Avenue intersects with the northern property line of Central State Hospital (State of Georgia). Said tract of land identified hereinabove is generally bounded as follows: on the north by the present corporate limits of the City of Milledgeville, as established on or before 1842; on the west by the western right-of-way boundary line of Swint Avenue; on the south by the northern boundary line of Central State Hospital Property (State of Georgia) at the point where said boundary line intersects with Swint Avenue; and on the east by the eastern right-of-way boundary line of Swint Avenue. Page 3948 Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is given that there will be introduced at the Regular 1986 Session of the General Assembly of Georgia A bill to amend an act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, P. 345), as amended and for other purposes. This 17 day of December, 1985. Culver Kidd Senator, 25th District 12,27 AFFIDAVIT OF PUBLICATION State of Georgia, County of Baldwin: I, Roger W. Coover, do solemnly swear I am the Publisher of The Union-Recorder, printed and published at Milledgeville, in the state of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Notice of Intention to Introduce Local Legislation was inserted in space of legal advertisement as follows: Dec 27, 1985 /s/ Roger W. Coover, Publisher Subscribed and sworn before me this 30 day of December, 1985. /s/ Nancy D. Veal Notary Public. My Commission expires: 8-19-86. Approved March 18, 1986. Page 3949 COBB JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 893 (Senate Bill No. 373). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by striking Section 4H in its entirety and inserting in lieu thereof a new Section 4H to read as follows: Section 4H. Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $15,518.00, payable in equal monthly installments from the funds of Cobb County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-833 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to an act creating the Cobb County Judcial Circuit, approved Page 3950 February 19, 1954 (Ga. L. 1951, p. 184) as heretofore amended, and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989 Approved March 18, 1986. Page 3951 CITY OF SMYRNA MAYOR AND COUNCIL; COMPENSATION. No. 894 (Senate Bill No. 386). AN ACT To amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4162), so as to increase the salaries of the mayor and council members of the City of Smyrna; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4162), is amended by striking Section 6(b) in its entirety and inserting in lieu thereof a new Section 6(b) to read as follows: Section 6(b). Effective January 7, 1986, the Mayor of the City of Smyrna shall be paid a salary of $700.00 per month and each councilman of the said city shall be paid a salary of $475.00 per month. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the city. Section 2. All laws and parts of laws in conflict with this Act are repealed. L-820 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a Page 3952 bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955), as heretofore amended, and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Tolleson, who, on oath, deposes and says that he is Senator from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Jim Tolleson Senator, 32nd District Sworn to and subscribed before me, this 14th day of January, 1986. /s/ Connie F. Smith Notary Public. Approved March 18, 1986. Page 3953 PUTNAM COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE AND CLERK; COMPENSATION. No. 895 (Senate Bill No. 407). AN ACT To amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), so as to change the compensation provisions relating to the chief magistrate and the clerk of the Magistrate Court of Putnam County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The chief magistrate shall receive an annual salary of $13,500.00 to be paid in equal monthly installments from county funds. (b) The magistrate shall receive an annual salary of $3,600.00 to be paid in equal monthly installments from county funds. (c) The clerk shall receive an annual salary of $7,500.00 to be paid in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 3954 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to make provisions for the personnel and operations of the Magistrate Court of Putnam County; to provide for the compensation of the personnel of said court; to provide for related matter-and for other purposes. This 9 January 1986. Culver Kidd Senator, 25th District 1tc GEORGIA, PUTNAM COUNTY Comes now Battle Smith, Editor and Publisher of the Eatonton Messenger, the official Organ for Putnam County, Georgia, and deposes and says under oath that the above advertisement was printed and appeared in the Eatonton Messenger on the 16th day of January, 1986. This 16 day of January, 1986 /s/ Battle Smith Sworn to and subscribed before me, this 16th day of January, 1986. /s/ Yvonne M. Harrell N.P. My Commission Expires 5/19/88. Approved March 18, 1986. Page 3955 CITY OF HIAWASSEE CORPORATE LIMITS. No. 896 (Senate Bill No. 425). AN ACT To amend an Act revising the charter and reincorporating the City of Hiawassee in the County of Towns, approved March 22, 1974 (Ga. L. 1974, p. 3180), as amended, so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act revising the charter and reincorporating the City of Hiawassee in the County of Towns, approved March 22, 1974 (Ga. L. 1974, p. 3180), as amended, is amended by striking Section 1-2 in its entirety and substituting in lieu thereof a new Section 1-2 to read as follows: Section 1-2. Corporate limits. (a) Except as provided by subsection (b) of this section, the corporate limits of the City of Hiawassee shall extend one mile from the center of the public square of said city, said distance to be a radius from the center of the courthouse. (b) Effective January 1, 1987, the following described territory shall cease to be a part of the corporate limits of the City of Hiawassee: Beginning at a point southeast of the public square of the City of Hiawassee where the boundary line of the corporate limits of the City of Hiawassee, as described by subsection (a) of this section, intersects the centerline of the river bed of Lake Chatuge; thence southwesterly, westerly, northwesterly, northerly and northeasterly along a portion of the boundary line of the circle describing the corporate limits of the City of Hiawassee, as described by subsection (a) of this section, to a point where such boundary line intersects the centerline of the river bed of Lake Chatuge northwest of the public square of the City of Hiawassee; thence southeasterly and easterly Page 3956 along the centerline of the river bed of Lake Chatuge to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act revising the charter and reincorporating the City of Hiawassee in the County of Towns, approved March 22, 1974 (Ga. L. 1974, p. 3180), as amended; and for other purposes. This 23rd day of January, 1986. (Jan.24B) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following date: January 23, 1986. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989 Approved March 18, 1986. Page 3957 DOWNTOWN SMYRNA DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 897 (Senate Bill No. 446). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment proposed by Resolution Act No. 217 (H.R. No. 844-1690) enacted at the 1970 session of the General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1117) and which authorizes the General Assembly to create the Downtown Smyrna Development Authority in and for the City of Smyrna; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment proposed by Resolution Act No. 217 (H.R. No. 844-1690) enacted at the 1970 session of the General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1117) and which authorizes the General Assembly to create the Downtown Smyrna Development Authority in and for the City of Smyrna shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-236 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 3958 in force and effect as a part of the Constitution of Georgia that constitutional amendment which was proposed by Resolution Act No. 217 (H.R. 844-1680) enacted at the 1970 session of the General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1117) and which authorized the General Assembly to create the Downtown Smyrna Development Authority; to provide the authority for this Act; to provide for related matters; and for other purposes. This 23 day of January, 1986. Honorable James E. Tolleson Senator, 32nd District 1:24 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James E. Tolleson, who, on oath, deposes and says that he is Senator from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 24, 1986. /s/ James E. Tolleson Senator, 32nd District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 18, 1986. Page 3959 CITY OF MARIETTA CORPORATE LIMITS; DEANNEXATION OF TERRITORY. No. 898 (Senate Bill No. 452). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to deannex and exclude certain property from the city; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding at the end of Section 1.4 thereof the following: Any other provision of this Section to the contrary notwithstanding, the following described property is hereby deannexed and excluded from the corporate limits of the City of Marietta: Tract Number 1 All that tract and parcel of land in the southwest corner and south side of original Land Lot No. 114 of the 19th District, 2nd Section, Cobb County, Georgia, and beginning at the southwest corner of said land lot, and running thence North along the original west line of said lot, running North 58 minutes East, a distance of 661.19 feet; thence south 64 degrees 22 minutes east a distance of 1520.24 feet to the southeast corner of said lot; thence south 89 degrees 51 minutes west along south line of said lot a distance of 1381.21 feet to beginning point for description of this parcel, which contains 10.48 acres, and is bounded north and east by other lands of first parties; south by lands of the John Hancock Mutual Life Insurance Company; and west by lands of T. L. or Lawrence Manning. Page 3960 Tract Number 2 All that tract and parcel of land, lying and being in the southwest corner of original land lot No. 184 of said 19th District and 2nd Section in Cobb County Georgia, and beginning at the southwest corner of said land lot and run thence North 56 minutes east along west line of said lot, a distance of 684.76 feet; thence south 89 degrees 04 minutes east a distance of 666.28 feet; thence south 1 degree and 06 minutes west 680.44 feet to south line of said lot; thence along the south line of said lot, running north 89 degrees 26 minutes west a distance of 664.47 feet to beginning point. This tract containing 10.43 acres, and is bounded North and East by other lands of parties of the First Part; south and west by lands of John Hancock Mutual Life Insurance Company. Tract Number 3 All that certain parcel of land being a part of land lot No. 249 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 53.50 acres, more or less, of land and described by metes and bounds as follows: BEGINNING at a point in the S line of said land lot 249 1328.61 feet westerly from the southeast corner of said lot; thence north 1 degree 47 minutes east 2,526.18 feet to a point; thence north 79 degrees 38 minutes east 314.69 feet to a point; thence south 8 degrees 40 minutes east 285.55 feet to a point; thence south 6 degrees 10 minutes east 313 feet to a point; thence south 2 degrees 11 minutes west 297.83 feet to a point; thence south 6 degrees 10 minutes west 282.23 feet to a point; thence south 88 degrees 58 minutes east 960 feet to a point in the east line of said land lot; thence along the said east line of said lot south 2 degrees 12 minutes west 1,428.87 feet to a point being the southeast corner of said lot 249, and thence along the southerly line of said lot north 88 degrees 26 minutes west 1,328.61 feet to the point of beginning. Tract Number 4 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Land Lots Nos. Page 3961 937 and 1008 in the 16th District and 2nd Section of Cobb County, Georgia; containing 88.66 acres; also 10 acres, more or less, of land lot No. 248 in the 20th District and 2nd Section of said County, beginning at the southeast corner of said lot and running due north 48 rods; thence west for a distance of 34 rods; thence south 48 rods to the original south line of said lot; thence east along the said south line of said lot 34 rods to the point of beginning; said 10 acres being on and containing the top or summit of Kennesaw Mountain. Said tract containing in the aggregate 98.66 acres. Tract Number 5 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Beginning at the NW corner of land lot No. 285 of the 20th District and 2nd Section of Cobb County, Georgia, and running South 0 degrees 19 minutes west, a distance of 1248 feet to the property of A. J. Rogers; thence east a distance of 1106 feet to the District line between the 16th and 20th Districts; thence north along said District line 1248 feet to the NE corner of said lot; thence north 89 degrees and 15 minutes west, a distance of 1106 feet to the beginning point, containing 37.8 acres. Also all of land lot No. 1009 in the 16th District and 2nd Section of Cobb County, Georgia; beginning at the SW corner of said lot and running north along the District line a distance of 1121 feet, more or less, to the NW corner of said lot; thence east along the north line of said lot to the NE corner; thence east 1380 feet; thence south 1128 feet to the SE corner; thence west along the south line of said lot 1380 feet to the beginning point, containing 35.5 acres. Tract Number 6 All the certain parcel of land situate in Cobb County, State of Georgia, described as follows: 86 acres of land lot No. 284 of the 20th District and 2nd Section of Cobb County, Georgia, beginning at the SW corner of land lot No. 284 of the 20th District and 2nd Section and running north 1230 feet to a rock wall, said rock wall being the line between the property herein described and the Page 3962 property of Mrs. Rynyan*; thence running east 1360 feet to the top of Little Kennesaw Mountain; thence north 44 degrees and 38 minutes, east, a distance of 90 feet, thence north 67 degrees and 58 minutes, a distance of 270 feet; thence north 31 degrees and 28 minutes, a distance of 178.5 feet; thence north 9 degrees and 28 minutes east, a distance of 233 feet, thence north 23 degrees and 58 minutes east, a distance of 529.5 feet; thence north 51 degrees and 28 minutes east, a distance of 529.5 feet; thence north 63 degrees and 20 minutes east, a distance of 173 feet to the NE corner of land lot No. 284; thence south along said lot line for a distance of 450 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, a distance of 2250 feet to the south line of land lot No. 284; thence west along said land line a distance of 1654 feet to a marble post; thence north 86 degrees and 58 minutes west a distance of 991 feet to the point of beginning, containing 86 acres, more or less. Tract Number 7 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 20 acres, more or less, off the South side of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying south of the old private roadway leading up Big Kennesaw Mountain in a westerly direction; containing 20 acres, more or less. Tract Number 8 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 20 acres, mor or less, of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying north of the old roadway leading to the summit of Big Kennesaw Mountain. Also 27 1/2 acres, more or less, of Land Lot No. 935 in the 16th District and 2nd Section of Cobb County, Georgia, being all of that portion lying south and west of the Cassville Public Road. Also 2 acres, more or less, of Land Lot No. 939, being the NW corner thereof, and being all of that portion of said lot lying north of private road leading from Marietta-Acworth Page 3963 Road to top of Kennesay Mountain and west of said Marietta-Acworth Road, said 2 acres being triangular in shape and having located thereon the home place of E. D. C. Hames, all of said land lying and being in one contiguous body in the 16th District and 2nd Section of Cobb County, Georgia, and containing in the aggregate 49 1/2 acres, more or less. Tract Number 9 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 12.44 acres out of the SE corner of Land Lot No. 936 of the 16th District and 2nd Section, and 37.56 acres of Land Lot No. 248 of the 20th District and 2nd Section of Cobb County, Georgia, and described as follows: Beginning at a point on the district line (between the 16th and 20th Districts) 792 feet to the SE corner of and running north along said district line 1,497 feet to the SW corner of Land Lot No. 936 of the 16th District and 2nd Section; thence north 88 degrees and 55 minutes east 1,445 feet to the SE corner of said lot; thence 1 degree and 18 minutes east 750 feet along the east line of Land Lot No. 936; thence south 62 degrees and 20 minutes west, 1,655 feet to the SW corner of said Lot No. 936 of the 16th District; thence south 88 degrees and 55 minutes west, 300 feet; thence south 38 degrees and 45 minutes west 1,280 feet to a point on the west line of Lot No. 248 of the 20th District; thence south 0 degree and 20 minutes west 1,278 feet to the SW corner of Lot No. 248; thence south 89 degrees and 15 minutes east along the south line of Lot No. 248; a distance of 536 feet; thence north 792 feet; thence south 89 degrees and 15 minutes east 550 feet to the above described district line and the beginning point. The above described property is situated on the northern side of Kennesaw Mountain, and contains in the aggregate 50 acres, more fully described by plat of W. W. McCulloch, C.E., March 4th, 1924. Tract Number 10 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 15 acres of Land Page 3964 Lot No. 285 of the 20th District, 2nd Section, and 10 acres of Land Lot No. 284, said District and Section, and described as follows: Beginning at the SW corner of Land Lot No. 285 and running east 564 feet to the land of Ned Jenkins; thence north 0 degrees and 19 minutes east, 1,182 feet to the property of Gus Dickerson; thence west 555 feet to the West line of Land Lot No. 285; thence south 0 degrees and 19 minutes west along said line to the beginning point, containing 15 acres. Also beginning at the SE corner of Land Lot No. 284, and running north 0 degrees and 19 minutes east, 2,087 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, 2,087 feet to the south line of said Lot No. 284; thence east along said south line 208.7 feet to beginning point, containing 10 acres, and being a strip of land running north and south, one acre wide and 10 acres long, containing 25 acres, more or less. Tract Number 11 All that tract or parcel of land lying and being in Land Lot Number 247 of the 20th District, 2nd Section of Cobb County, Georgia, and more particularly described as follows: beginning at a point formed by the intersection of the north side of U.S. Highway 41, known as the Dixie Highway, with the western line of Land Lot 247, and running thence north 2 degrees 11 minutes east 35.20 feet to a point; thence north 51 degrees 25 minutes east a distance of 412.46 feet to a point; thence north 64 degrees 13 minutes east a distance of 140.80 feet to the center of the old Marietta and Kennesaw Road; thence south 64 degrees, 06 minutes east a distance of 66.33 feet to a point; thence south 35 degrees 31 minutes east a distance of 161.55 feet to a point; thence south 20 degrees 51 minutes east a distance of four hundred fifty-eight and fifty-four hundredths (458.54) feet to a point on the north side of the said highway right-of-way; thence north 72 degrees 57 minutes west along the north side of said highway right-of-way a distance of 802.43 feet to the point of beginning. Said tract containing 5.17 acres, and is more particularly shown in a plat of the property of E. R. Hunt, located in the 20th District, 2nd Section of Cobb County, Georgia surveyed March, 1936, by John Page 3965 H. Saxon, Assistant Topographic Engineer, N. P. S. and being all of the land embraced within the following boundaries: on the West by the West line of Land Lot 247; on the Northwest by the W. A. Railroad right-of-way; on the Northeast by the center of the old Marietta-Kennesaw Road; on the South by the right-of-way of U. S. Highway 41. Tract Number 12 All that tract or parcel of land lying and being in Land Lot No. 117 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of said land lot, and running thence north 89 degrees, 14 minutes west a distance of 200 feet to a point; thence north 1 degree 58 minutes east a distance of 264.43 feet to a point in the center of an old road; thence south 43 degrees 33 minutes east a distance of 196.49 feet to a point; thence south 24 degrees 02 minutes east a distance of 136.39 feet to the Southeast corner of said land lot and point of beginning. Said tract herein described containing 0.71 acres as shown by plat of property of C. C. James, located in said District and Section of Cobb County, Georgia, as surveyed June, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S., copy of which plat is filed with the National Park Service, Washington, D.C. Tract Number 13 All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, and being parts of Land Lots 246 and 249 of said District and Section; more particularly described as follows: beginning at the Southwest corner of said Land Lot 246 and running thence north 1,320 feet to a stake; thence south 89 degrees 58 minutes east a distance of 1,317 feet along the line of property of Mrs. Annie C. Young and W. M. Murray to a stake; thence south 13 degrees 10 minutes east a distance of 822.6 feet crossing the right-of-way of the N. C. St. L. R. R. to a stake; thence north 74 degrees 40 minutes east along the line of the property of the N.C. St. L. R. R. a distance of 419.81 Page 3966 feet to a stake; thence north 15 degrees 26 minutes west a distance of 104.8 feet to a stake on the right-of-way of said railroad; thence in a northeasterly direction along said railroad right-of-way a distance of 406 feet to a stake; thence south 30 degrees 11 minutes east a distance of 169.42 feet to a stake; thence north 59 degrees 49 minutes east a distance of 486.27 feet to a stake on the east line of Land Lot 246; thence south 2 degrees 11 minutes west a distance of 805.17 feet to the center of the Stilesboro Road; thence south 67 degrees 21 minutes west along the center of the Stilesboro Road a distance of 625 feet; thence continuing along the center of Stilesboro Road south 72 degrees 11 minutes west a distance of 196.06 feet to a point; thence continuing along the center of said road south 79 degrees 09 minutes west a distance of 638 feet to a point; thence north 1 degree 47 minutes east a distance of 188 feet to a point on the south line of said Land Lot 246; thence west 1,320 feet to the point of beginning, said tract containing 60 acres, more or less. Tract Number 14 All that tract or parcel of land lying and being in the State of Georgia and County of Cobb, and described as follows: beginning at a point where the Northeast corner of land now or formerly owned by J. M. Austin, intersects with the Northwest corner of land, now or formerly owned by Mrs. T. L. Bussey, and running thence South 88 rods, more or less, to the Easterlin property; thence west along said Easterlin property a distance of 3 rods; thence north 3 rods; thence west 15 rods to made corner; thence north 85 rods, more or less, to public road; thence east 18 rods to a starting point, same containing 10 acres, more or less, and being in Land Lot No. 286 of the 20th District and 2nd Section of Cobb County, Georgia, and being the same property deeded by J. M. Austin to the City of Marietta and the County of Cobb, by deed dated January 13, 1905, recorded in Deed Book 77, page 425, public records, Cobb County, Georgia. Tract Number 15 All that tract or parcel of land lying and being in Land Lot No. 283 of the 20th District, 2nd Section, Cobb Page 3967 County, Georgia, and beginning at a point on the eastern side of the Mountain Road at the north line of the property formerly owned by F. R. Kirk, now by the United States of America, and running thence north 5 degrees 33 minutes east a distance of 127 feet to a point; thence continuing along the eastern side of said lot north 3 degrees 15 minutes east a distance of 299.17 feet to a point; thence continuing along the eastern side of said lot north no degrees 44 minutes east a distance of 138.67 feet to a point; thence north 83 degrees 31 minutes east 202.30 feet to the western line of the Kennesaw Mountain Battlefield Association property; thence south no degrees 24 minutes west a distance of 593.23 feet to the line of the said Kirk property now owned by the United States of America; thence in a westerly direction along the north line of said property a distance of 228.94 feet to the point of beginning, being a part of the same property conveyed to Thos. Annandale by W. S. N. Neal by deed dated August 20, 1900, recorded in Deed Book Z - page 439, Cobb County records. Tract Number 16 All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, being a portion of Land Lot No. 320 of said district and section, more particularly described as follows: beginning at a point on the East line of said land lot 698.45 feet south of the Northeast corner of said land lot and running thence S1-26W 1,130.91 feet to a point; thence N88-26W a distance of 717.97 feet to a point; thence N33-53E a distance of 1,338.18 feet to the point of beginning on the East line of said land lot. Said tract is triangular in shape and contains 9.32 acres and is bounded as follows: On the South by the property of Channell, on the West by property of G. W. Hardage Estate, on the East by the Eastern land lot line and property of F. R. Kirk. Said tract is shown by plat of the property of the G. W. Hardage Estate surveyed May, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S. Tract Number 17 All that tract or parcel of land situate, lying and being in the State of Georgia, and County of Cobb, and located Page 3968 in original Land Lot No. 320 of the 20th District and Second Section of said county, the same being in the shape of a triangle and bounded as follows: on the North by lands known as the G. W. Hardage Estate; on the East by lands now or formerly of F. R. Kirk; on the Southwest by lands of L. M. Channell, and having the following courses and distances, viz.; beginning at the Southeast corner of said Lot No. 320, and being the point where the land herein described corners with the land of C. W. Manning, Lucius Hardage and L. M. Channell, and going thence North 1 degree 26[prime]0[Prime] East 892.38 chains along the land now or formerly of F. R. Kirk to a corner; thence in a Westerly direction north 88 degrees 26[prime] West 717.97 chains; thence in a southerly direction south 37 degrees 21 minutes east 1,146.22 chains, being the point of beginning, all of said tract or parcel of land containing 7.33 acres. Tract Number 18 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: being a tract or parcel of land situated, lying and being in the 20th District and 2nd Section of Cobb County, Georgia, and known as 15.71 acres off of the Southeast corner of Land Lot 285, the same being in the shape of a parallelogram and being the same land conveyed by George F. Gober to D. N. Anderson by deed dated September 14, 1888, recorded in Deed Book `K,' page 596, of the records of Cobb County, Georgia. Tract Number 19 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: being all of Land Lot 42 and parts of Land Lots 33 and 107 in the 19th District and 2nd Section of Cobb County, Georgia, described by metes and bounds as follows: beginning at the SW corner of said Land Lot 107, and running thence N 1 degree 39 minutes E 13.30 feet along the Westerly line of said Land Lot to the NW corner thereof; thence N 0 degree 58 minutes E 2,352.62 feet along the Westerly line of Land Lots 42 and 43 to a point in the center of Page 3969 Dallas Road; thence following the center line of said road the following courses and distances; N 89 degrees 52 minutes E 379.08 feet to a point; thence N 85 degrees 4 minutes E 177.49 feet to a point; thence N 77 degrees 48 minutes E 171.63 feet to a point; thence N 73 degrees 32 minutes E 318.63 feet to a point; thence N 77 degrees 33 minutes E 284.63 feet to a point; thence leaving the center line of said road and running S 1 degree 0 minutes W 2,606.13 feet along the Easterly lines of said Land Lots 33 and 42 to the NE corner of said Land Lot 107; thence N 88 degrees 33 minutes W 672.35 feet along the Northerly line of said Land Lot 107 to a point; thence S 0 degree 38 minutes W 1,333.22 feet to a point, and thence N 86 degrees 56 minutes W 653.47 feet along the Southerly line of said Land Lot 107 to the point of beginning, containing 92.77 acres of land, more or less. Tract Number 20 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: all of Land Lot No. 1010 of the 16th District and 2nd Section of Cobb County, Georgia, containing 40 acres. Tract Number 22 All that tract or parcel of land lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being a part of Land Lot 246 of said District and Section, more particularly described as follows: beginning at the Northeast corner of said land lot, and running thence south along the Eastern line of said land lot a distance of 1,305 feet to the point where the said land lot line intersects the right-of-way of the N. C. St. L. Railway (also known as W. A. Railroad); thence running in a Southwesterly direction along the Northwestern side of said railroad right-of-way a distance of 1,000 feet to the Southeast corner of the old railroad woodyard property; thence north along the Eastern line of said woodyard property 105 feet to a corner; thence south 76 degrees 50 minutes west along the Northern line of said woodyard lot 420 feet to a point; thence north 13 degrees 10 minutes west 548 feet along the line of the property of Anna Page 3970 Cross Young to a point; thence north 89 degrees 58 minutes west 1,012 feet along the Northern line of said Young property to a point; thence north still along the property of Anna Cross Young a distance of 1,335 feet crossing the Dixie Highway and continuing north to a marble corner on the North land lot line of said Land Lot 246; thence east along the North line of said land lot 730 feet to a point; thence south 100 feet to a point; thence south 72 degrees 20 minutes east 248 feet to a point; thence north 42 degrees 47 minutes east a distance of 255 feet to a point; thence south 40 degrees east a distance of 206 feet; thence north 29 degrees 45 minutes east a distance of 173 feet to the North line of said land lot; thence east along the North line of said land lot 1,094 feet to the point of beginning. Said tract contains in the aggregate 78.72 acres, as per plat of A. T. Merritt, Jr., C. E., October 16, 1937. There is excepted from the above described property the land included in the Dixie Highway State Route #3, U. S. Route #41, running through said property. The whole tract including the highway right-of-way contains 82.04 acres. Tract Number 23 All that tract and parcel of land lying and being in the State of Georgia and County of Cobb, and being part of original Land Lot 180 of the 19th Land District and 2nd Section of said county, the same containing 3.21 acres and described as follows: beginning at the Northeast corner of said Lot 180 and running thence South no degrees and 15 minutes west a distance of 715.13 feet along the East line of said lot and the West line of Lot 181 to the center line of the John Ward Road; thence along the center line of said road in a westwardly direction a distance of 253.8 feet to a point; thence North 1 degree and 58 minutes East a distance of 607.2 feet to the North line of said original Lot; thence along original North line of said Lot 180, 89 degrees and 14 minutes east a distance of 200 feet to point of beginning. Tract Number 24 All that tract or parcel of land lying and being in the 16th District, 2nd Section of Cobb County, Georgia, and Page 3971 being known as original Land Lot No. 1007 of said District and Section, said Lot being more particularly described as follows: beginning at the Southeast corner of said original land lot and running thence north 89 degrees, 0 minutes west a distance of 1,434.17 feet to the Southwest corner of said Land Lot; thence north 1 degree 50 minutes east a distance of 1,508 feet along the line of the Kennesaw Mountain Battlefield Association to the Northwest corner of said land lot; thence south 88 degrees, 25 minutes east along the line of Kennesaw Mountain Battlefield Association 1,422.54 feet to the Northeast corner of said land lot; thence south 1 degree, 24 minutes west a distance of 1,492.76 feet along the line of the property of Mrs. Annie C. Young and G. W. Kirk to the Southeast corner of said land lot and point of beginning. Being the same property deeded to George Maxwell Kirk by G. W. L. Kirk, Trustee, August 21, 1931, by deed recorded in Deed Book 106, page 369, Cobb County records. Tract Number 25 All that tract or parcel of land lying and being in the 19th District, 2nd Section of Cobb County, Georgia, and being the Southwest quarter of Land Lot No. 181 of said District and Section, containing 10 acres, more or less, and being all of the property in said land lot conveyed to Charles M. Brown by John H. Boston, by deed recorded June 17, 1935, in Deed Book 115, page 518, Cobb County records. Tract Number 26 All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and described as follows: Land Lot No. 182 containing 40.29 acres, more or less; Land Lot No. 183 containing 45.69 acres, more or less; Land Lot No. 188 containing 43.42 acres, more or less; Land Lot No. 189 containing 37.03 acres, more or less; west half (W1/2) of Land Lot No. 187 containing 19.38 acres, more or less. All of said described land lying in one body of 185.81 acres, more or less, as shown on plat made by W. W. McCulloch, County Surveyor, in March, 1914, recorded Page 3972 in the office of the Clerk of the Superior Court of Cobb County, Georgia, in Book #1, Folio 378-379. Being part of the same premises conveyed to said John Hancock Mutual Life Insurance Company by Deed Under Power of Sale dated January 7, 1935, and recorded in the office of the Clerk of the Superior Court of said Cobb County, in Book 117, page 132. Tract Number 27 All that tract or parcel of land, situate, lying and being in the State of Georgia and County of Cobb, and being lands in original Lots Nos. 321 and 326 of the 20th District and 2nd Section in said County, and also tracts in original Land Lots Nos. 33 and 34 of the 19th District and 2nd Section in said County, all said lands lying in one contiguous body and forming one tract, and located westerly from the City of Marietta, on a public road known as Marietta-Dallas Road, and more particularly described and bounded as follows: beginning at a point on the West original boundary of said Lot No. 326, which point is 231 feet north of the Southwest corner of said Lot, being at corner of lands of Lucius Hardage and J. J. Hardage, and run thence from said point in a southeasterly direction in a straight line along boundary of lands of J. J. Hardage to the South boundary of said Lot 326 and to north boundary of said Lot No. 33; thence continuing in same straight line into Lot 33 a distance of 330 feet to the center of the aforementioned road; thence northeasterly along center of said road to the East line of said Lot No. 33 and west line of Lot 34 in said 19th Land District; continuing thence along center of said road through Lot 34 to the North boundary thereof; and continuing thence along center of said road into Lot No. 326 to a point which is on a line and 170 feet north of the South line of said Lot; thence North through said Lot a distance of 2,468.06 feet to the North line of said Lot and to south line of Lot 321; thence east along south line of said Lot 321 a distance of 642.05 feet to southeast corner of said Lot 321; thence north along east original boundary of said Lot a distance of 1,276.29 feet to a corner at the boundary of the F. R. Kirk land; thence southwesterly along his line a distance of 1,265.75 Page 3973 feet to a corner marked by a rock in bed of creek; thence south along the F. R. Kirk line 660 feet to north line of Lot 326; thence west along said line 800.44 feet to a point near the creek; thence in a Northwesterly course and direction around the curved formation of the bluff line forming the division line between the bottom lands and high lands on north side of the creek in said Lot No. 321, said bluff line being defined by courses running westerly, southerly and northerly and last northwesterly to the west original line of said Lot 321, and along the boundary line of the F. R. Kirk property in said Lot; thence south along said original west line to northwest corner of Lot No. 326; and continuing thence south along west line of said Lot 2,416.74 feet to beginning point. Said tract containing in all 145 acres, more or less, and is bounded on the North by F. R. Kirk lands, east by C. W. Manning; South by C. W. Manning and J. J. Hardage; and west by Lucius Hardage; and west by Lucius Hardage and L. M. Channell and others. Tract Number 28 All that tract or parcel of land situate, lying and being in Land Lots Number 246 and 249 of the 20th District, 2nd Section of Cobb County, Georgia, being 2 acres, more or less, in the Southeast corner of said Land Lot 246 and 28 acres, more or less, in the Northeast corner of Land Lot 249 of said District and Section, more particularly described as follows: beginning at a point formed by the intersection of the South side of the Stilesboro Road with the Eastern line of Land Lot No. 246, and running thence in a southwesterly direction along the Southern side of said Stilesboro Road to the intersection of the South side of said road with a settlement road; thence in a southerly direction along said settlement road a distance of 1,178 feet, more or less, to the North line of the property of Mrs. Sallie Ashley; thence south 88 degrees, 58 minutes east along the said Ashley property for a distance of 960 feet to the East line of Land Lot 249; thence north 2 degrees 11 minutes east a distance of 1,505 feet to the South side of the said Stilesboro Road and point of beginning. Being the same property conveyed by H. P. Presley to Jewell Holcomb by warranty Page 3974 deed dated March 1, 1933, recorded in Deed Book 109, page 544, Cobb County records. Tract Number 29 All that tract or parcel of land situate, lying and being in Land Lots 247 and 248 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of the tract above described in Tract Number 28, and running thence south along the Eastern line of Land Lot 249 a distance of 80 feet to a point; thence north 40 degrees, 37 minutes east along the property of Kennesaw Mountain Battlefield Association a distance of 158 feet to a point; thence north 2 degrees 11 minutes east along the property of H. L. Hyde a distance of 1,410 feet to the South side of the Stilesboro Road; thence west 104.35 feet to the Eastern line of Land Lot No. 246; thence south along the Eastern line of Land Lots 246 and 249 a distance of 1,505 feet to the point of beginning at the Southeast corner of the tract before described in Tract No. 28. Tract Number 30 All that tract or parcel of land lying and being in Land Lot 33 of the 19th District, 2nd Section of Cobb County, Georgia and Land Lot 326 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road formed by the intersection of the West line of Land Lot No. 33 with the center of said road, and running thence in an easterly direction along the center of said road to a point on the line of the property of C. W. Manning; thence in a northwesterly direction along the property of C. W. Manning to the North line of said Land Lot No. 33; thence continuing in a northwesterly direction following a ditch in said Land Lot No. 326 of the 20th District, 2nd Section to the Western line of said Land Lot No. 326; thence south along said land lot line to the district line separating the 20th and the 19th Districts of said county; thence westerly along said district line 256.9 feet to the Northwest corner of said Land Lot No. 33; thence south along the Western line Page 3975 of said Land Lot No. 33 a distance of 282.56 feet to the point of beginning in the center of the Marietta-Dallas Road; being part of the same property conveyed to J. J. Hardage by V. B. Channell March 7, 1906, recorded in Deed Book HH, page 630, Cobb County records, and deed from C. W. Manning to J. J. Hardage, dated March 7, 1906, recorded in Deed Book HH, page 632, Cobb County records. Tract Number 31 All that tract or parcel of land lying and being in Land Lots 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of land Lot 43 and running thence north along the East line of Land Lot 43 and the East line of Lot 32 a distance of 2,168.4 to the corner in the road known as the John Ward or Cheatham Hill Road where the Eastern line of Land Lot 32 intersects the middle of said road, which point of intersection is 172 feet, more or less, south of the intersection of said road with the Dallas Road; running thence southwesterly along the center of the said John Ward or Cheatham Hill Road through Land Lots 32 and 43 a distance of 2,150 feet, more or less, to a stake; thence south parallel with the Eastern line of said Land Lot 43 and 660 feet, more or less, therefrom to the South line of said Land Lot, said point being the center of the Southern line of said Land Lot; thence east along the Southern line of said Land Lot 660 feet, more or less, to the point of beginning, being a part of the same property conveyed to Mrs. Izie* Goggins by James Goggins by deed dated March 7, 1903, recorded in Deed Book BB page 658, Cobb County records. Tract Number 32 All that tract or parcel of land lying and being in Cobb County Georgia, being parts of Lots Number Two Hundred Forty-Seven (247) and Number Two Hundred Forty-Eight (248) of the Twentieth (20th) District, Second (2nd) Section of said county, and Land Lot Number nine hundred thirty-six (936) of the Sixteenth (16th) District, Second Page 3976 (2nd) Section of said county, said tract being more particularly described as follows: Beginning at a point where the western line of said Land Lot # 247 intersects the southern margin of the Marietta-Kennesaw Road, known as the Dixie Highway, and running thence south 72 degrees 57 minutes east along the southern side of said highway across the Stilesboro Road to the point where the eastern margin of said Stilesboro Road intersects the southern margin of said highway; thence in a northeasterly and easterly direction following the southern margin of the old Marietta-Kennesaw Highway to the point where the said old road intersects the eastern line of said Land Lot # 936; thence south along the eastern line of said Land Lot # 936 crossing the present paved Dixie Highway four hundred twenty-eight (428) feet to the property of the Kennesaw Mountain Battlefield Association; thence following the northern line of the Kennesaw Mountain Battlefield Association property in a southwesterly westerly direction fifteen hundred forty-two (1542) feet to the southwestern corner of Land Lot # 936; thence west following the line of the Kennesaw Mountain Battlefield Association property into Land Lot No. 248 for a distance of three hundred forty-five (345) feet; thence southwesterly still following the line of the Kennesaw Mountain Battlefield Association property a distance of eleven hundred twelve (1112) feet to a point one hundred four and 35/100 (104.35) feet from the western line of said Land Lot # 248 into the 20th District, 2nd Section of said county; thence north parallel with the western line of Land Lot # 248 and crossing the north line of said Land Lot # 248 and continuing north parallel with the western line of said Land Lot # 247 and one hundred four and 35/100 (104.35) feet east therefrom, a distance of sixteen hundred (1600) feet to the center of the said Stilesboro Road; thence west one hundred four and 35/100 (104.35) feet to the western line of Land Lot # 247; thence north along the western line of said land lot a distance of nine hundred twenty-five (925) feet to the point of beginning. Being the same property conveyed to Homer L. Hyde by George D. and T. P. Redd, Executors, by deed dated April 10, 1920, recorded in Deed Book 67, page 111, except Page 3977 that portion of said property conveyed by said Homer L. Hyde to Kennesaw Mountain Battlefield Association, by deed dated March 31, 1924, recorded in Deed Book 79, page 245, Cobb County records, and the small strip one-half acre wide crossing the western line of Land Lots # 247 and # 248 conveyed by the said Homer L. Hyde to Mrs. Jewel Holcomb. Tract Number 33 All that certain parcel of land being a part of Land Lot No. 287 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 112.91 acres, more or less, of land and described by metes and bounds as follows: BEGINNING at the southwest corner of said Land Lot 287 and thence south 88 degrees 21 minutes east 2,641.97 feet to the SE corner of said lot; thence along the east line of said lot north 2 degrees 13 minutes east 1,361.95 feet to a point; thence north 88 degrees 15 minutes west 1,663.92 feet to a point; thence north 41 degrees east 1,327.84 feet to a point in the north line of said lot; thence along the north line of said lot and thence along the west line of said lot south 2 degrees 00 minutes west 2,722.06 feet to the point of beginning. Tract Number 34 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Being a part of Land Lot 181 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows: BEGINNING at the SE corner of said Land Lot 181 and running thence N 0 degrees 27 minutes E 1377.79 feet along the easterly line of said Land Lot to the northeast corner thereof; thence north 88 degrees 46 minutes west 1372.19 feet along the northerly line of said Land Lot to the northwest corner thereof; thence south 0 degrees 15 minutes west 675.13 feet along the westerly line of said Land Lot to a point; thence south 89 degrees 8 minutes E 670.46 feet to a point; thence south 0 degrees 36 Page 3978 minutes east 703.76 feet to a point; and thence south 88 degrees 28 minutes east 686.48 feet along the southerly line of said Land Lot to the point of beginning, containing 30 acres of land, more or less. Tract Number 35 Being that certain parcel of land situated in Cobb County, State of Georgia, described as follows: Beginning at a point where the old Marietta-Kennesaw Highway joins the United States Highway No. 41 in Land Lot # 936, 16th District and 2nd Section; thence along the North side of United States Highway No. 41 to where the old Marietta-Kennesaw Highway leaves highway, and running in a northwestwardly direction through the center of the old Marietta-Kennesaw Highway for a distance of 250 feet to a point in the center of said highway, this lot and point being in Land Lot # 247, 20th District, and 2nd Section; thence southeastwardly through Land Lot #247, 20th District and 2nd Section, and Lot # 865, 16th District and 2nd Section, 1325 feet to a point on the South line of said Land Lot # 865 in the 16th District, thence along this lot line, same being the south line of Land Lot #865 and the north line of Land Lot # 936 both in the 16th District, being a distance of 490 feet to the intersection of Land Lots Nos. 865, 866, 935 and 936; thence south along the lot line between Land Lots Nos. 865 and 866 and along the west side of the settlement road a distance of 175 feet to the middle of Old Marietta-Kennesaw Highway; thence westwardly, running with the middle of the Old Marietta-Kennesaw Highway; to the point of beginning, containing 6 acres, more or less. Tract Number 36 Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows: All that parcel of land situate, lying and being in Land Lot # 330 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Page 3979 Beginning at the northeast corner of said land lot and running thence south along the eastern line of said land lot 660 feet to a stake; thence west parallel with the north line of said land lot 660 feet to a stake; thence north parallel with the east line of said land lot 660 feet to the north line of said land lot; thence east along said land lot line 660 feet to the point of beginning; the same being square and containing ten (10) acres of land. Tract Number 37 Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows: All that tract or parcel of land situate, lying and being in Land Lot # 322 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: Beginning at a point on the north line of said Land Lot 99.25 feet west of a marble post marking the northeast corner of said land lot; said beginning point being in the center of a small stream or branch intersecting the north line of said land lot; running thence west along the north line of said land lot a distance of 2542.72 feet to the northwest corner of said land lot; thence south along the western line of said land lot 1208.42 feet to a stake, thence north 56 degrees 63 minutes east a distance of 803.55 feet to the center of a creek running through the northern side of said land lot; thence following the meanderings of said creek in a northeasterly direction to the point where said creek intersects the branch mentioned above; thence in a northeasterly direction along the center of said branch to the point of beginning. Said tract above described contains 32.61 acres and is a part of the property known as the Delk mill track in the northern side of Land Lot 322 of the 20th District, 2nd Section of said County. Tract Number 38 Being parts of Land Lots 283, 288 and 321 in the 20th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows: Page 3980 BEGINNING at the northeast corner of Land Lot 321 which point is marked by a marble stone and running thence north 2 degrees 0 minutes east 2,722.06 feet along the easterly line of Land Lot 288 to the northeast corner of said Land Lot 288 marked by a marble stone; thence north 0 degrees 24 minutes east along the easterly line of Land Lot 283 621.26 feet to a point; thence north 86 degrees 42 minutes west 228.94 feet; thence south 5 degrees 33 minutes west 375.19 feet to a point; thence south 14 degrees 45 minutes west 264.26 feet to a point; thence south 50 degrees 43 minutes west 92.08 feet to a point; thence south 45 degrees 15 minutes west 145.27 feet to a point; thence south 4 degrees 47 minutes west 422.30 to a point; thence south 27 degrees 11 minutes west 202.34 feet to a point; thence south 34 degrees 49 minutes west 132.45 feet to a point; thence south 18 degrees 19 minutes west 300.60 feet to a point; thence south 3 degrees 38 minutes east 146.64 feet to a point; thence south 6 degrees 9 minutes east 338.66 feet to a point; thence north 81 degrees 33 minutes west 480.15 feet to a point; thence south 1 degree 10 minutes west 1129.39 feet to a point; thence north 88 degrees 29 minutes west 1387.40 feet along the northerly line of said Land Lot 321 to the NW corner of said Land Lot 321 marked by an iron pin; thence south 1 degree 26 minutes west 2405.87 feet along the westerly line of said Land Lot 321 to a point; thence south 40 degrees 55 minutes east 158.96 feet to a point; thence north 84 degrees 48 minutes east 109.50 feet to a point; thence north 65 degrees 38 minutes east 148.50 feet to a point; thence south 57 degrees 59 minutes east 266.20 feet to a point; thence south 23 degrees 42 minutes east 158.36 feet to a point; thence south 88 degrees 17 minutes east 800.44 feet along the southerly line of said Land Lot 321; thence north 1 degree 51 minutes east 660 feet to a point; thence north 62 degrees 35 minutes east 1265.75 feet to a point and thence north 1 degree 3 minutes east 1456.21 feet along the said easterly line of said Land Lot 321 to the point of beginning, containing 189.45 acres of land, more or less. Tract Number 39 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows; Being a part of Page 3981 Land Lot 331 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows: BEGINNING at the northwest corner of said Land Lot 331 and running thence south 1 degree 47 minutes west 1336.32 feet along the westerly line of said Land Lot to the southwest corner thereof; thence north 46 degrees 28 minutes east 592.5 feet to a point; thence north 58 degrees 13 minutes east 294.24 feet to a point; thence north 1 degree 47 minutes east 772.24 feet to a point and thence north 88 degrees 46 minutes west 661.58 feet along the northerly line of said Land Lot to the point of beginning, containing 15.00 acres of land, more or less. Tract Number 40 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Being all of Land Lots 257 and 262 in the 19th District and 2nd Section of Cobb County, State of Georgia, containing 83 acres of land, more or less. Tract Number 41 All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Being all that tract or parcel of land situate, lying and being in Land Lot # 263, in the 19th District and 2nd Section of Cobb County, Georgia, containing 10 acres of land, more or less, and being the southeast quarter of said land lot, more particularly described as follows; Beginning at the southeast corner of said land lot and running thence 88 degrees 36 minutes west along the south line of said land lot a distance of 660 feet; thence north 1 degree 11 minutes east, 660 feet, to a point; thence south 88 degrees 36 minutes east 663.45 feet to the east line of said land lot; thence south 129 degrees west along the east line of said Land Lot 659.80 feet to the point of beginning. Page 3982 Tract Number 42 Parcel No. 1 Being all that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows; Beginning at the northeast corner of Land Lot # 287, running thence south along the east line of said land lot to a point marking the boundary of the property between the property herein described and the property now or formerly belonging to B. F. Reed, known as the Easterlin property, and running thence west parallel with the north line of said land lot to a corner marking the southwest corner of the property herein described; thence running north parallel with the east line of said Lot # 287, along said Reed property line to the north line of said land lot; thence east along the north line of said land lot the point of beginning; being approximately 60 acres out of the northeast corner of said land lot, and being all of said land lot except what is known as the Reed or Easterlin property. Parcel No. 2 All that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at the northwest corner of Fractional Lot # 286 of the 20th District and 2nd Section of Cobb County, Georgia, and running thence east along the north line of said land lot to the northwest corner of tract conveyed to Marietta and Cobb County January 13, 1905, by J. M. Austin by deed recorded in Deed Volume 77, page 425; thence running south along the western line of said property to the southwest corner thereof; thence west parallel with the north line of said Land Lot # 286, to the western line of said land lot; thence north along the west line of said land lot to the point of beginning. Page 3983 Said last tract (Parcel No. 2) has an exception consisting of ten (10) acres in the northeast corner of said Land Lot # 286, which is described in a deed from J. M. Austin to the City of Marietta and Cobb County, Georgia, dated January 13, 1905, recorded in Deed Book 77, page 425, the records of Cobb County, Georgia. Said tract consists of 36 acres, more or less, and less the exception of ten (10) acres in the Northeast corner of said Lot 286. Tract Number 43 All that tract or parcel of land situated, lying and being in the northwest corner of original Land Lot No. # 249 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said land lot and running thence south 88 degrees and 48 minutes east along the original north line of said land lot for a distance of 1342.33 feet to a point and corner; thence S1-46-30W for a distance of 380.86 feet to a point and corner; thence S85-10-30W for a distance of 818.17 to a point; thence S79-28-50W for a distance of 534.10 feet to a point on the original west line of said land lot; thence north 1 degree and 2 minutes east along the original west line of said land lot for a distance of 575.03 feet to beginning point, said tract containing 14.20 acres. Tract Number 44 All that tract or parcel of land lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and being 6.66 acres, more or less, out of the southeast corner of original Land Lot No. 266 and being more fully described as follows: Beginning at the original southeast corner of said land lot and running north 87 degrees and 37 minutes west for 451.11 feet along the original land line of the south side of said land lot to a point on said land line; thence north 3 degrees 23 minutes and 20 seconds west for 606.98 feet to a point; then running north 89 degrees and 25 minutes east for 489.14 feet to a point on the original land line of the eastern side of said land lot; thence south no degrees and 14 minutes west for 630.00 feet to point of beginning, said tract containing 6.66 acres of land more or less. Page 3984 Parcel #1 Two and forty three one hundredths (2.43) acres out of the southwest part of original Land Lot No. 337 and off of the east side or portion of Land Lot No. 338 in the 19th District and 2nd Section, Cobb County, Georgia and commencing at a point in said Land Lot No. 337, on the south side of the Marietta-Powder Springs Road where the center of the old Phillips Farm Road, now a public road, intersects with said Powder Springs Road, and running along the center of the Phillips Farm Road south 00 degrees and 40 minutes and 30 seconds east for 226.80 feet to a point in the center of said road; thence leaving road and running north 86 degrees and 40 minutes west for 63.0 feet; thence south 00 degrees and 40 minutes and 30 seconds east 51.5 feet; thence south 86 degrees and 40 minutes east 63.0 feet to the center line of above mentioned road; thence along center line of said road south 00 degrees 40 minutes and 30 seconds east for a distance of 174.40 feet; thence leaving road and running south 88 degrees and 45 minutes west for 230.18 feet to a point in Land Lot 338; thence north 44 degrees and 27 minutes and 40 seconds west 236.92 feet to a point on south boundary of said Powder Springs Road; thence north 53 degrees and 33 minutes east 485.78 feet, along south side of said road to the point of beginning, said tract being bounded on the north by said Powder Springs Road; East by Kolb Cemetery and the center of said Phillips Farm Road which separates this tract from land now, or formerly, belonging to C. M. Head; south and southwest by land of W. F. Brooks, containing 2.43 acres, more or less. Parcel # 2 Fifteen and five one-hundredths (15.05) acres out of the western portion of Land Lot 338, in the 19th District and 2nd Section, Cobb County, Georgia more particularly described as follows: Commencing at a point on the north side of the Powder Springs Road and running north 28 degrees and 05 minutes and 40 seconds west for 160.06 feet to a point; thence north 88 degrees and 6 minutes west for 552.63 feet to a point; thence north 49 minutes east for 971.36 feet to a point thence north 77 degrees and 34 minutes east for 318.73 feet to a rock corner; thence south 29 degrees and 47 minutes east for 1149 feet to a point at said Powder Springs Road; Page 3985 thence south 53 degrees and 33 minutes west for 150.48 feet along said road to a point; thence south 52 degrees and 36 minutes west for 184.97 feet to the point of beginning, containing 15.05 acres, more or less. Tract Number 45 Commencing at a point in the center of Marietta-Dallas Public Road and on the south land line of Lot No. 327 of the 20th District and 2nd Section of Cobb County, Georgia and at a point 1464.60 feet from the southeast corner of said land lot, and running thence N89-13-40W for a distance of 128.10 feet to a point in center of said road; thence N 3-54W for a distance of 949.94 feet to a point; thence N 1-02-25E for a distance of 770.00 feet to a corner; thence S 87-57-30E for a distance of 210.00 feet to a point; thence S 1-02-25W for a distance of 1716.14 feet to original point of beginning, containing 7.38 acres. Tract Number 46 All that tract or parcel of land situate, lying and being in Original Land Lots Nos. #282 and #283 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said Land Lot No. #283 and running thence S88-52-20E along the original North line of said land lot for a distance of 149.17 feet to a point; thence S2-38-00W for a distance of 1376.54 feet to a point, thence S24-07-40W across original land line separating lots Nos. #282 and #283 for a distance of 1369.43 feet to a point on the original south line of said Land Lot No. #282; thence N89-25-40W along the original south line of said Land Lot No. # 282 for a distance of 881.31 feet to a point which is the southwest corner of the east half of said Land Lot No. #282; thence N36-04-10E for a distance of 1618.63 feet to a point; thence N4-12-10W for a distance of 1325.04 feet to a point on the original north line of said Land Lot No. #282; thence S88-46E along the original north line of said Land Lot No. #282 for a distance of 499.25 feet to beginning point which is also the northeast corner of said Land Lot No. #282. Said tract contains 38.33 acres, the larger part of which Page 3986 lies in said Land Lot No. #282, all in said District and said Section, containing 38.33 acres. Tract Number 47 Beginning at the northwest corner of original Land Lot No. 328 19th District and 2nd Section of Cobb County, Georgia and thence running south 89 degrees east along the original land line for 360 feet to a point on said land line; thence south 2 degrees and 13 minutes west for 1195.88 feet to a point on the original land line of the south side of said land lot; thence north 88 degrees and 26 minutes west for 52 feet to a point on said land line; thence north 16 degrees 27 minutes and 40 seconds west for 478.47 feet to a point; thence North 55 degrees 20 minutes and 40 seconds west, crossing into Land Lot No. 327, for 673.43 feet to a point in said Land Lot No. 327; thence north 3 degrees 23 minutes and 20 seconds west for 377.21 feet to a point on the original land line of the northern side of Land Lot No. 327; thence south 87 degrees and 37 minutes east for 451.11 feet to the point of beginning, said tract of land being bounded on the north by lands of A. D. Barfield and Mrs. Mattie Smith; on the east by land of Mrs. Mattie Smith; and on the south by land of J. E. Mozley, and containing 12.24 acres. Tract Number 48 All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, being parts of Land Lots Nos. 289 and 320 of said district and section, more particularly described as follows: Beginning at the northeast corner of Land Lot No. 320, said beginning point being the southeast corner of Land Lot No. 289, and running thence south 1 degree, 24 minutes west along the east line of said Land Lot No. 320 a distance of six hundred ninety-eight and forty-five hundredths (698.45) feet to a monument marking the corner of the property of the United States; running thence south 35 degrees, 50 minutes west along the property of the United States a distance of thirteen hundred thirty-eight and eighteen hundredths (1338.18) feet to a monument marking another corner of the property Page 3987 of the United States; thence north 88 degrees, 26 minutes west a distance of eight hundred seventy-one and twenty-eight hundredths (871.28) feet to a corner; thence north 2 degrees, 10 minutes, 20 seconds east through Land Lots Nos. 320 and 289 a distance of Thirty-one hundred twenty-two and twenty-four hundredths (3122.24) feet to a point in the center of the Burnt Hickory Road; thence north 10 degrees, 17 minutes east a distance of fourteen hundred seven and fifty-two hundredths (1407.52) feet to a point on the north line of said Land Lot No. 289; thence south 89 degrees, 26 minutes east along the north line of said land lot a distance of 49 feet to a corner; thence south 1 degree, 13 minutes west a distance of thirteen hundred ninety and fifty hundredths (1390.50) feet to a corner in the center of said Burnt Hickory Road; thence south 89 degrees, 05 minutes east along the center of said road a distance of five hundred twenty-four and forty-five hundredths (524.45) feet to a point; thence south 84 degrees, 20 minutes east continuing along the center of said road a distance of seven hundred thirty-six and ninety-five hundredths (736.95) feet to the east original line of said Land Lot No. 289; thence south 1 degree, 01 minutes west along the east line of said land lot a distance of twelve hundred forty-eight and thirty-two hundredths (1248.32) feet to the point of beginning, said described tract containing 107.60 acres. Tract Number 49 All that tract or parcel of land situate, lying and being in Land Lots Nos. 330 and 337 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at a point on the eastern line of Land Lot No. 330 at a monument marking the southeastern corner of a 10 acre tract in the northeast corner of said lot, and running thence south 1 degree, 42 minutes, 30 seconds west a distance of 367.60 feet to the northwestern side of the Powder Springs Road; thence south 53 degrees, 33 minutes west along the northwestern side of said road a distance of 1599.24 feet to a point on the northwestern side of said road at the intersection of the western side of the John Ward Road with the northwestern side of Powder Springs Road; running Page 3988 thence north 1 degree, 17 minutes, 30 seconds West along the western side of John Ward Road a distance of 649.39 feet to a point; thence north 88 degrees, 26 minutes West a distance of 10 feet; thence north 0 degrees, 15 minutes, 40 seconds east a distance of 120.95 feet to a point on the western side of said John Ward Road; thence south 52 degrees, 25 minutes east a distance of 346.77 feet to a point on the northern side of Land Lot No. 337; thence north 65 degrees, 12 minutes, 30 seconds east crossing the north line of said Land Lot No. 337 a distance of 700.14 feet to a point in Land Lot No. 330; thence north 32 degrees, 41 minutes, 10 seconds east a distance of 556.44 feet to a point on the south line of the property of the U. S. Government above mentioned; thence south 88 degrees, 40 minutes, 30 seconds east a distance of 110.03 feet to the point of beginning, containing 10.75 acres. Tract Number 50 All that tract or parcel of land situate, lying and being in Land Lot No. 266 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northeast corner of said Land Lot No. 266 and running thence south 0 degrees, 14 minutes west a distance of 715 feet along the eastern line of said land lot to a point on said land lot line; thence south 89 degrees, 25 minutes west a distance of 120 feet; thence north 2 degrees, 30 minutes west a distance of 727.32 feet to the north line of said land lot; thence south 86 degrees, 16 minutes east a distance of 155 feet along the north line of said land lot to the point of beginning. Said tract being bounded on the north by the property of W. T. Hicks; on the east by property of Mattie Dobbs Smith; on the south by the property of A. D. Barfield; and on the west by the property of Mattie Dobbs Smith, containing 2.27 acres. Tract Number 51 All that tract or parcel of land situate, lying and being in original Land Lot No. 289 of the 20th District and Page 3989 2nd Section of Cobb County, Georgia, being 28.71 acres of land lying in the northeast corner of said lot and being more particularly described as follows: Commencing at the original southeast corner of said Land Lot # 289 and running thence north 1 degree and 1 minute east along the original east line of said Land Lot #289 for a distance of 1248.32 feet to a point in the center of the Burnt Hickory Road, thence in a westerly direction along the center of said Burnt Hickory Road for a distance of 571.5 feet to a point, which point in said road is the beginning point of the land herein described; thence north 84 degrees and 20 minutes west along the center of Burnt Hickory Road for a distance of 165.45 feet to a point; thence north 89 degrees and 5 minutes west, along the center of Burnt Hickory Road for a distance of 524.45 feet to a point; thence north 1 degree and 13 minutes east for a distance of 1390.5 feet to a point on the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot for a distance of 832.31 feet to a point; thence south 13 degrees and 7 minutes east for a distance of 776.68 feet to a point; thence south 28 degrees and 10 minutes west for a distance of 737.53 feet to beginning point, containing 28.71 acres. Tract Number 52 All that tract or parcel of land situate, lying and being in Land Lots Nos. 337 and 338 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northwest corner of Land Lot # 338 of said District and Section and running thence along the north line of said lot south 88 degrees and 26 minutes east, 1334.13 feet to the northeast corner of said lot, this being identical to southeast corner of land lot #329; thence continuing south 88 degrees and 26 minutes east along north line of Land Lot # 337 for a distance of 10.00 feet to the west side of John Ward Road; thence along the west side of said road, south 1 degree and 17 minutes and 30 seconds east 649.39 feet to the north right-of-way line of Powder Springs Road; Page 3990 thence following said right-of-way south 53 degrees and 33 minutes west 595.00 feet to a point in Land Lot # 338; thence north 29 degrees and 47 minutes west 1149.00 feet to a rock; thence south 77 degrees and 34 minutes west 318.73 feet to the west line of Land Lot 338; thence along west line of said lot north 00 degree and 49 minutes east 110.28 feet to a point of beginning, containing 16.42 acres. Tract Number 53 All that tract or parcel of land situate, lying and being in the 19th District, 2nd Section of Cobb County, Georgia, being part of Land Lot No. 180 of said district and section, more particularly described as follows: Beginning at the northwest corner of said Land Lot No. 180 and running thence south 88 degrees, 56 minutes, 20 seconds east a distance of five hundred fifty-five and ninety-four hundredths (555.94) feet along the north line of said land lot to a point on east side of John Ward Road; thence south 7 degrees, 19 minutes, 10 seconds west a distance of fourteen hundred thirteen and seventeen hundredths (1413.17) feet to a point on the south line of said Land Lot No. 180; thence north 89 degrees, 26 minutes west a distance of three hundred ninety-five and five hundredths (395.05) feet to the southwest corner of said Land Lot No. 180; thence north 0 degrees, 49 minutes east a distance of fourteen hundred eight and seventy-seven (1408.77) feet along the western line of said Land Lot No. 180 to the northwest corner thereof, which is the point of beginning, containing 15.37 acres. Tract Number 54 All that tract or parcel of land lying and being in the southwest corner of original Land Lot No. 251 of the 20th District and 2nd Section of Cobb County, Georgia, and being 3.38 acres more fully described as follows: Beginning at the original southeast corner of said land lot and running thence north 00 degrees and 57 minutes east for 589.85 feet to a point in the original land line of the eastern side of said land lot; thence running south 41 degrees and 18-20 minutes west for 770.75 feet to a Page 3991 point on the original south land line of said lot, which point is 499.25 feet west of starting point; thence running south 88 degrees and 46 minutes east for 499.25 feet to point of beginning, said tract of land being a triangle shape and bounded on the south by lands of W. M. Gilbert; east by lands of B. V. Greer; north and west by other lands of the Oscar H. Orr estate, 3.38 acres. Tract Number 55 All that tract or parcel of land situated, lying and being in original Land Lot No. 250 of the 20th District and 2nd Section of Cobb County, Georgia, being triangular in shape, and in the northwest corner of the southeast quarter of the said land lot, and being more particularly described as follows: Beginning at a certain point, which point is arrived at in the following manner: Beginning first at the original northeast corner of said land lot, and running thence south along the original east line of said land lot for a distance of one thousand three hundred eighty-five and thirty-one hundredths (1385.31) feet to a point; thence north 88 degrees and 28 minutes west for a distance of eight hundred seventy five and three tenths (875.3) feet to a point, which point is the beginning point of the property described as follows: Beginning at the point thus arrived at, and running thence south 35 degrees, 17 minutes, 40 seconds west for a distance of eight hundred four and eighty-five hundredths (804.85) feet to a point; thence north 1 degree 18 minutes east for a distance of six hundred sixty-nine and thirteen hundredths (669.13) feet to a point; thence south 88 degrees and 28 minutes east for a distance of four hundred fifty (450) feet to beginning point, said tract contains three and fifty-six hundredths (3.56) acres. Tract Number 56 All that tract or parcel of land, situate lying and being in the 19th District, 2nd Section of Cobb County, Georgia Page 3992 being parts of Land Lots Nos. 117 and 118 of said District and Section, more particularly described as follows: Beginning at a point on the south line of said Land Lot No. 117 at the southeast corner of the tract herein conveyed, which point is two hundred (200) feet west of the southeast corner of said land lot at the line of the property purchased by the United States from C. C. James and running thence North 88 degrees, 56 minutes, 20 seconds West a distance of one thousand seventy-three and two-hundredths (1073.02) feet to the Southwest corner of Land Lot No. 117; thence north 88 degrees, 16 minutes, 20 seconds west nine hundred ninety-nine and thirty-hundredths (999.30) feet to the line of the property of J. W. Smith; thence north 1 degree, 16 minutes east along the property of J. W. Smith a distance of one thousand three hundred forty-three and eighty-two hundredths (1343.82) feet to a corner of property line between the property herein conveyed and the property of the said J. W. Smith; thence south 88 degrees, 40 minutes, 30 seconds east along the property of said J. W. Smith a distance of one thousand seventeen and fifty-one hundredths (1017.51) feet to an old road separating the property herein conveyed from the property of R. O. Hardage; thence south 52 degrees, 08 minutes, 40 seconds east a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet; thence south 33 degrees, 43 minutes east a distance of two hundred forty-five and seventy-eight hundredths (245.78) feet; thence south 43 degrees, 19 minutes, 20 seconds east three hundred sixty-one and sixty-five hundredths (361.65) feet; thence south 44 degrees, 24 minutes east a distance of four hundred eighty-five and eighty-two hundredths (485.82) feet; thence south 43 degrees, 36 minutes, 40 seconds east a distance of two hundred seventy and sixty-one-hundredths (270.61) feet to the northwest corner of property purchased by the United States from C. C. James; thence south 1 degree, 56 minutes west a distance of two hundred sixty-four and forty-three-hundredths (264.43) feet to point of beginning. Being the same property purchased by C. C. James from T. P. Redd by deed dated December 27, 1919, recorded in Deed Book 66, Page 240, Cobb County Records, excepting a small tract of 0.71 of an acre in the Page 3993 Southeast corner of said Land Lot No. 117, previously conveyed by the said C. C. James to U. S. A. Tract Number 57 All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being 80.40 acres, more or less, in Land Lot No. 250 of said district and section and a fractional part of an acre in the southeast corner of Land Lot No. 245 southeast of the railroad right-of-way, more particularly described as follows: Beginning at the southwest corner of said Land Lot No. 250 and running thence north 0 degrees 57 minutes, 00 seconds east a distance of 1771.71 feet to a point on the south line of the W. A. Railroad right-of-way; thence running north 83 degrees, 36 minutes, 40 seconds east a distance of 308.48 feet to a point; thence north 82 degrees, 52 minutes east a distance of 179.51 feet to a point; thence north 80 degrees, 53 minutes, 20 seconds east a distance of 167.29 feet to a point; thence north 85 degrees, 41 minutes east a distance of 120.71 feet to a point; thence north 70 degrees, 21 minutes, 20 seconds east a distance of 121.58 feet to a point; thence north 74 degrees, 52 minutes east a distance of 211.64 feet to a point; thence north 71 degrees, 59 minutes, 40 seconds east a distance of 183.79 feet to a point; thence north 69 degrees, 24 minutes east a distance of 212.70 feet to a point; thence north 71 degrees, 53 minutes, 20 seconds east a distance of 417.02 feet to a point; thence north 58 degrees, 34 minutes, 20 seconds east a distance of 252.04 feet to a point; thence north 52 degrees, 48 minutes east a distance of 205.72 feet to a point; thence north 52 degrees, 59 minutes, 20 seconds east a distance of 86.19 feet to a point; thence north 50 degrees, 44 minutes east a distance of 90.10 feet to a point; thence north 48 degrees, 48 minutes east a distance of 107.58 feet to a point; thence north 56 degrees, 19 minutes, 40 seconds east a distance of 70.50 feet to a point; thence north 50 degrees, 11 minutes east a distance of 60.05 feet to a point; thence north 38 degrees, 0 minutes, 20 seconds east a distance of 62.40 feet to the east line of Land Lot No. 245 of said district Page 3994 and section; thence south 1 degree, 55 minutes west a distance of 132.18 feet to the northeast corner of Land Lot No. 250; thence south along the east line of said land lot 1 degree, 02 minutes west a distance of 1385.31 feet to a point on the line separating the property herein described from the property of W. F. Newton; thence north 88 degrees, 28 minutes west along said Newton property a distance of 1325.30 feet to a point; thence south 1 degree, 18 minutes west, a distance of 669.13 feet to a point; thence north 88 degrees, 37 minutes, 20 seconds west, a distance of 330.00 feet; thence south 1 degree, 16 minutes, 20 seconds west a distance of 659.04 feet to a point on the south line of said Land Lot No. 250; thence north 88 degrees, 52 minutes, 20 seconds west a distance of 916.03 feet to a point of beginning. Tract Number 58 All that tract or parcel of land, situate, lying and being in the 19th and 20th Districts of Cobb County, Georgia, and being parts of Land Lot No. 32 of the 19th District, 2nd Section of said county and a part of Land Lots Nos. 327 and 320 of the 20th District, 2nd Section of said county, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road on the line separating the 20th District from the 19th District of said county at the southeast corner of the property of C. D. Elder; and running thence north 1 degree, 02 minutes, 25 seconds east a distance of 3556.14 feet to the line of the property of G. W. Hardage Estate; thence south 88 degrees, 26 minutes east a distance of 721.28 feet to a point on the line of the property owned by the United States Government; thence south 37 degrees, 29 minutes east a distance of 1147.91 feet to the southeast corner of said Land Lot No. 320; thence north 88 degrees, 00 minutes west along the line separating Land Lot No. 320 from Land Lot No. 327 a distance of 952.09 feet to a point; thence south 0 degrees, 04 minutes, 40 seconds west a distance of 2802.25 feet crossing said district line to the center of said Marietta-Dallas Road; thence north 72 degrees, 15 minutes, 30 seconds west a distance of 418.12 feet to a point in the center of said road; thence continuing along the center of said road north 82 degrees, Page 3995 40 minutes west a distance of 131.13 feet to the point of beginning. Tract Number 59 All that tract or parcel of land, situate, lying and being in Land Lots Nos. 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: beginning at a point marked by a concrete United States Government land monument located on the district line between the 19th District and the 20th District of said county being the northeast corner of said Land Lot No. 32, and running thence south no degrees, 58 minutes, 30 seconds west a distance of 252 feet to a point on the Dallas-Marietta Highway; thence north 86 degrees, 57 minutes, 30 seconds west a distance of 105.63 feet to a point; thence north 82 degrees, 35 minutes, no seconds west 113 feet to a point; thence south 7 degrees, 25 minutes, no seconds west across said highway a distance of 80 feet to a point; thence south 82 degrees, 35 minutes, no seconds east 116.05 feet to a point; thence south 86 degrees, 57 minutes, 30 seconds east 111.57 feet to a point in the center of the so called Mountain of Cheatham Hill Road; thence south no degrees, 58 minutes, 30 seconds west a distance of 40.26 feet to a point; thence south 9 degrees, 28 minutes, no seconds west 107.56 feet to a point; thence south 4 degrees, 36 minutes, 30 seconds west a distance of 285.21 feet to a point; thence south 9 degrees, 25 minutes, 30 seconds west a distance of 541.46 feet to a point; thence south 22 degrees, 24 minutes, no seconds west a distance of 361.55 feet to a point; thence south 23 degrees, 02 minutes, no seconds west a distance of 18.10 feet to a point; thence south 89 degrees, 53 minutes, 40 seconds west a distance of 1065.41 feet to a point on the west side of said Land Lot No. 43; thence north 1 degree, 09 minutes no seconds east a distance of 330.55 feet to a point marking the southwest corner of said Land Lot No. 32; thence north no degrees, 04 minutes, 40 seconds east a distance of 1337.65 feet to the northwest corner of said Land Lot No. 32, which point is in the center of the said Dallas-Marietta Highway; thence south 89 degrees, 13 minutes, 40 seconds east along the center of Page 3996 said highway a distance of 128.10 feet to a point; thence south 82 degrees, 40 minutes, no seconds east continuing along the center of said highway a distance of 131.13 feet; thence south 72 degrees, 15 minutes, 30 seconds east continuing along the center of said highway a distance of 418.12 feet to a point in the center of said highway; thence north no degrees, 04 minutes, 40 seconds east a distance of 137 feet to the north line of said Land Lot No. 32 and the district line above mentioned; thence south 89 degrees, 13 minutes, 40 seconds east along the said district line and the north line of the said Land Lot No. 32 a distance of 682.17 feet to the point of beginning, said tract containing 46.76 acres. Tract Number 60 All those tracts or parcels of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 253, No. 265, No. 266, No. 328, No. 338, No. 339, No. 403, and all of No. 329, consisting of two tracts and containing in the aggregate, one hundred thirty-nine and eighteen hundredths (139.18) acres more or less, and more particularly described as follows: Parcel 1 beginning at the original northwest corner of Land Lot No. 403 and running thence along the south line of Land Lot No. 339, North 89 degrees, 20 minutes, 30 seconds west for a distance of six hundred eighty-six and thirty-nine hundredths (686.39) feet; thence north 23 degrees, 50 minutes, 50 seconds west for a distance of two hundred sixty-four (264.00) feet to a stake in Land Lot No. 339; thence north 11 degrees, 10 minutes, 20 seconds west for a distance of one thousand one hundred twenty and ninety-two (1120.92) feet to a stake on the north line of Land Lot No. 339; thence running with the North line of Land Lot No. 339, south 88 degrees, 26 minutes east for a distance of fifty-two (52.00) feet; thence north 2 degrees, 13 minutes east for a distance of one thousand one hundred ninety-five and eighty-eight hundredths (1195.88) feet to a stake on north line of Land Lot No. 328, thence running with north line of Land Lot No. 328, north 89 degrees, 0 minutes west, a distance of three hundred sixty (360.00) feet to the northwest corner Page 3997 of Land Lot No. 328; thence running along west line of Land Lot No. 265, north 0 degrees, 14 minutes east, for a distance of one thousand three hundred forty-five (1345.00) feet to the northwest corner of Land Lot No. 265; thence along north line of Land Lot No. 265; south 87 degrees, 29 minutes east for a distance of three hundred twenty-three and thirty-nine hundredths (323.39) feet to a point; thence south 22 degrees, one minute, 50 seconds east for a distance of sixteen and sixty-six hundredths (16.66) feet to a stake on the west bank of a ditch; thence south 25 degrees, 16 minutes east for a distance of six hundred thirty and thirty-seven hundredths (630.37) feet to a stake on the east side of a ditch in Land Lot No. 265; thence north 50 degrees, 54 minutes, 20 seconds east for a distance of five hundred forty-one and ninety-five hundredths (541.95) feet; thence north 89 degrees, 20 minutes, 10 seconds east for a distance of two hundred ninety-two and nine hundredths (292.09) feet to the east line of Land Lot No. 265; thence running with east line of Land Lot No. 265 and west line of Land Lot No. 264, south 0 degrees, 39 minutes west for a distance of nine hundred seventy-six (976.00) feet to the southwest corner of Land Lot No. 264; thence running with south line of Land Lot No. 264, south 89 degrees, 59 minutes east for a distance of one thousand three hundred twenty-five and sixty-three hundredths (13325.63) feet to the southeast corner of Land Lot No. 264 and the northeast corner of Land Lot No. 329, thence running with the east line of Land Lot No. 329, south 0 degrees, 15 minutes, 40 seconds west, for a distance of one thousand three hundred sixty-nine and ninety-one hundredths (1369.91) feet to southeast corner of Land Lot No. 329; thence running with south line of Land Lot No. 329 north 88 degrees, 26 minutes west for a distance of one thousand three hundred thirty-four and thirteen hundredths (1334.13) feet to the southwest corner of Land Lot No. 329 and the northeast corner of Land Lot No. 339; thence running with the east line of Land Lot No. 339, south 0 degrees, 49 minutes west for a distance of one thousand eighty-one and sixty-four (1081.64) feet; thence south 88 degrees, 6 minutes east for a distance of five hundred fifty-two and sixty-three hundredths (552.63) feet to a stake in Land Lot No. 338; thence south 28 degrees, 5 minutes, 40 seconds east for Page 3998 a distance of one hundred sixty and six hundredths (160.06) feet to a stake in Land Lot No. 338, on the north right-of-way line of the Marietta-Powder Springs Road; thence running with said right-of-way line, south 51 degrees, 8 minutes, 10 seconds west for a distance of 160 feet to a stake on the south line of Land Lot No. 338; thence continuing with right of way line of said road, south 48 degrees 39 minutes 10 seconds west for a distance of two hundred sixty-three and twenty-six hundredths (263.26) feet; thence north 58 degrees, 57 minutes, 30 seconds west for a distance of three hundred sixty and sixty-eight hundredths (360.68) feet to the point of beginning, containing one hundred thirty-one and eighty-four hundredths (131.84) acres, more or less. Parcel 2 beginning at the original northwest corner of Land Lot No. 265 and running thence with the north line of Land Lot No. 266, north 86 degrees, 16 minutes west for a distance of one hundred fifty-five (155.00) feet; thence with center line of a ditch, south 2 degrees, 30 minutes east for a distance of seven hundred twenty-seven and thirty-two hundredths (727.32) feet to the property line of A. D. Barfield in Land Lot No. 266; thence running with the property line of A. D. Barfield, south 89 degrees, 25 minutes west for a distance of three hundred sixty-nine and fourteen hundredths (369.14) feet; thence with the property line of W. T. Hicks, north 3 degrees, 23 minutes, 20 seconds west for a distance of eight hundred three and nineteen hundredths (803.19) feet to a point on the north side of Ward Creek in Land Lot No. 253; thence north 87 degrees, 8 minutes east for a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence running with the east line of Land Lot No. 253, south 0 degrees, 50 minutes west for a distance of one hundred nine (109.00) feet to the point of beginning, containing seven and thirty-four hundredths (7.34) acres, more or less. Tract Number 61 All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Page 3999 Georgia, being parts of Land Lots No. 43, No. 106 and No. 117, and more particularly described as follows: beginning at the original northwest corner of Land Lot No. 106 and running with north line of said land lot*, south 88 degrees, 23 minutes, 30 seconds east for a distance of three hundred twenty-five (325.00) feet to a point on the center line of the John Ward Road; thence running with center line of said road in Land Lot No. 43, north 65 degrees, 35 minutes, 20 seconds east for a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet; thence south 2 degrees, 16 minutes west for a distance of one hundred seventy-three and five hundredths (173.05) feet in Land Lot No. 43 to a point on the north line of Land Lot No. 106; thence running with north line of Land Lot No. 106, south 88 degrees, 53 minutes east for a distance of four hundred forty-two and sixty-three hundredths (442.63) feet; thence crossing original line between Land Lots No. 106 and 117, south 1 degree, 56 minutes west for a distance of two thousand four hundred thirteen and twenty-six hundredths (2413.26) feet to a point on the center line of an abandoned road in Land Lot No. 117; thence running with center line of said road north 43 degrees, 36 minutes, 40 seconds west for a distance of two hundred seventy and sixty-one hundredths (270.61) feet; thence continuing with center line of said road, north 44 degrees, 24 minutes west for a distance of four hundred eighty-five and eighty-two hundredths (485.82) feet; thence continuing with center line of said road, north 43 degrees, 19 minutes, 20 seconds west for a distance of three hundred sixty-one and sixty-five hundredths (361.65) feet; thence continuing with said center line north 33 degrees, 43 minutes west for a distance of two hundred forty-five and seventy-eight (245.78) feet to a point on the east side of the John Ward Road; thence crossing said road north 52 degrees, 8 minutes, 40 seconds west for a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet to the original northwest corner of Land Lot No. 117; thence running with west line of Land Lot No. 106, north 0 degrees, 10 minutes west for a distance of one thousand three hundred thirty-three and forty-five hundredths (1333.45) feet to the point of beginning, containing forty-seven and sixty-one hundredths (47.61) acres, more or less. Page 4000 Tract Number 62 All that tract or parcel of land situate, lying and being in Land Lot No. 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the southwest corner of said Land Lot No. 43, and running thence north 1 degree, 09 minutes east along the west line of said land lot a distance of nine hundred forty-seven and seventy-eight hundredths (947.78) feet to a stake on the west line of said land lot; thence running north 89 degrees, 53 minutes, 40 seconds east along the south line of the property of Searight Goggins a distance of one thousand sixty-five and forty-one hundredths (1065.41) feet to the center of the John Ward road; thence South 23 degrees, 02 minutes west along the center of said road a distance of five hundred thirty-two and eighty-two hundredths (532.82) feet to a point; thence south 22 degrees, 32 minutes, 30 seconds west a distance of one hundred fifty-eight and ten hundredths (158. 10) feet to a point; thence south 34 degrees, 44 minutes, 30 seconds west a distance of one hundred seven and forty-two hundredths (107.42) feet to a point; thence south 45 degrees, 01 minutes, 30 seconds west a distance of one hundred and eighty-six hundredths (100.86) feet to a point; thence south 65 degrees, 35 minutes, 20 seconds west continuing along the center of said road a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet to the south line of said Land Lot No. 43, thence north 88 degrees, 23 minutes, 30 seconds west a distance of three hundred twenty-five (325) feet to the southwest corner of said land lot and point of beginning, containing eighteen and twenty-seven hundredths (18.27) acres, more or less. Tract Number 63 All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 179, No. 191, No. 192, No. 253, and No. 254 and more particularly described as follows: beginning at the original northeast corner Page 4001 of Land Lot No. 179 and running thence along the north line of said Land Lot, north 88 degrees, 16 minutes, 20 seconds west, a distance of three hundred seventy-three and twenty-hundredths (373.20) feet to a stake; thence south 6 degrees, 30 minutes, 20 seconds west a distance of two thousand five hundred five and forty-one hundredths (2505.41) feet through Land Lot No. 179 to a stake in Land Lot No. 192; thence south 36 degrees, 15 minutes west, a distance of eight hundred thirteen and twenty-three hundredths (813.23) feet to a stake in Land Lot No. 253; thence south 30 degrees, 25 minutes, 20 seconds east, a distance of one thousand fifty-one and forty-eight hundredths (1051.48) feet to a stake in Land Lot No. 253; thence north 87 degrees, 8 minutes east, a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence along east line of Land Lot No. 253; south 0 degrees, 50 minutes west, a distance of one hundred nine (109.00) feet to southeast corner of Land Lot No. 253, thence along south line of Land Lot No. 254, south 87 degrees, 29 minutes east, a distance of three hundred twenty-three and thirty-nine hundredths (323.39) feet to a point on Ward Creek; thence north 22 degrees, 1 minute, 50 seconds west, a distance of four hundred seventy and nineteen hundredths (470.19) feet to a stake in Land Lot No. 254; thence north 7 degrees, 19 minutes, 10 seconds east, a distance of two thousand three hundred seven and fifty-two hundredths (2307.52) feet to the north line of Land Lot No. 191; thence with the north line of Land Lot No. 191, north 89 degrees, 26 minutes west, a distance of three hundred ninety-five and ninety-five hundredths (395.95) feet to the northwest corner of Land Lot No. 191; thence north 0 degrees, 49 minutes east a distance of one thousand four hundred eight and seventy-seven hundredths (1408.77) feet to the point of beginning, said tract containing seventy-four and thirty-eight hundredths (74.38) acres, more or less. Tract Number 64 All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 936, 937, 938, Page 4002 1008, 1009, 1007 and 1010 in the 16th District 2nd Section Cobb County, Georgia. Tract Number 65 All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 248, 285, 287, 321 and 320 in the 20th District and 2nd Section of Cobb County, Georgia. Tract Number 66 All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 32, 33, 42, 43, 106, 107, 108, 115, 116, 117, 181, 182, 183, 188, 189, 257, 262 and 329 in the 19th District and 2nd Section of Cobb County, Georgia. Tract No. 67 All that tract or parcel of land being described as follows: Those portions of Land Lots 865 and 936, 16th District and 2nd Section; Land Lots 247, 286, 322, 284, 249, 245, 246, 250, 257, 283, 282, 288, 289, 326 and 327 of the 20th District 2nd Section; Land Lots 118, 114, 184, 180, 179, 192, 191, 187, 254, 253, 263, 265, 266, 331, 330, 328, 327, 339, 338 and 337 of the 19th District and 2nd Section Cobb County, Georgia that are part of the Kennesaw Mountain National Battlefield Park, Cobb County, Georgia. Tract Number 68 All that tract or parcel of land being described as follows: All of the right of way of the Powder Springs Road lying in Land Lots 330, 337, and 338, 19th District and 2nd Section of Cobb County, Georgia. Section 2. An Act entitled An Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to de-annex and exclude certain property from the city; to repeal conflicting laws; and for other purposes., approved April 12, 1985 (Ga. L. 1985, p. 5143), is repealed in its entirety. Page 4003 Section 3. All laws and parts of laws in conflict with this Act are repealed. L-823 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1986 session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977, (Ga. L. 1977. p. 36-41) and for other purposes. This 3rd day of January. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Carl Harrison Senator, 37th District Page 4004 Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. CITY OF WOODSTOCK CORPORATE LIMITS. No. 899 (Senate Bill No. 464). AN ACT To amend an Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3869), so as to change the corporate boundaries of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3869), is amended by adding at the end of Section 1.11 a new subsection (d) to read as follows: (d) The corporate boundaries of the City of Woodstock shall further include the following tracts or parcels of land: (1) All that tract or parcel of land lying and being in the 15th District, 2nd Section, Cherokee County, Georgia, being a portion of original Land Lot Nos. 807, 808 and 850 and being more particularly described as follows: Page 4005 BEGINNING in the original Southeast corner of Land Lot No. 807, said point also being the common land lot corner of Land Lot Nos. 807, 808, 850 and 849; thence along the original land lot line on the East side of Land Lot No. 850 South 00 degrees 50 minutes 40 seconds West a distance of 1158.12 feet to an iron pin; thence leaving the aforesaid land lot line and along and adjacent to an existing barbed wire fence the following courses and distances: North 57 degrees 40 minutes 30 seconds West a distance of 139.13 feet; North 67 degrees 56 minutes 30 seconds West a distance of 727.77 feet; North 53 degrees 40 minutes 20 seconds West a distance of 165.30 feet; North 62 degrees 23 minutes 50 seconds West a distance of 215.27 feet; North 51 degrees 06 minutes 45 seconds West a distance of 248.88 feet to an iron pin, said iron pin being located on the original land lot line on the West side of Land Lot No. 850; thence along the original land lot line on the West side of Land Lot No. 850 North 01 degrees 40 minutes 10 seconds East a distance of 404.74 feet to an iron pin; thence continuing along the original land lot line on the West side of Land Lot No. 807 North 01 degrees 41 minutes 40 seconds West a distance of 670.82 feet to an iron pin; thence leaving said land lot line South 89 degrees 52 minutes 15 seconds East a distance of 331.90 feet to a concrete monument; thence North 01 degrees 41 minutes 40 seconds West a distance of 671.79 to an iron pin; thence South 89 degrees 52 minutes 15 seconds East a distance of 500.02 feet to an iron pin located on the Southwesterly right of way of the L N Railroad (100 foot right of way); thence along said right of way in a Southwesterly and Southerly direction a distance of 1606.49 feet to an iron pin; thence leaving said right of way North 89 degrees 28 minutes 05 seconds West a distance of 806.62 feet to an iron pin, said iron pin being located on the original land lot line on the East side of Land Lot No. 807; thence along said original land lot line South 00 degrees 28 minutes 30 seconds West a distance of 488.93 feet to the point of beginning. Said tract containing 64.71 acres and being more particularly shown on plat of survey prepared by Martin-Adams Associates, registered surveyors, dated February 18, 1982. Page 4006 (2) All that tract or parcel of land lying and being in the 15th District, 2nd Section, Cherokee County, Georgia, being a portion of original Land Lot Nos. 808 and 849 and being more particularly described as follows: BEGINNING in the original Southwest corner of Land Lot No. 808, said point also being the common land lot corner of Land Lot Nos. 807, 808, 850 and 849; thence along the original land lot line on the West side of Land Lot No. 808 North 00 degrees 28 minutes 30 seconds East a distance of 488.93 feet to a rock painted blue; thence leaving said land lot line South 89 degrees 28 minutes 05 seconds East a distance of 806.62 feet to an iron pin, said iron pin being located on the Westerly right of way of L N Railroad (100 foot right of way); thence along the Westerly right of way of L N Railroad in a Southerly and Southwesterly direction a distance of 2019.52 feet to an iron pin; thence leaving the aforesaid right of way North 55 degrees 44 minutes West a distance of 154.92 feet to an iron pin; thence continuing North 56 degrees 10 minutes West a distance of 298.75 feet to an iron pin, said iron pin being located on the original land lot line on the West side of Land Lot No. 849; thence along the original land lot line on the West side of Land Lot No. 849 North 00 degrees 50 minutes 40 seconds East a distance of 1158.12 feet to the point of beginning. Said tract containing 30.52 acres and being designated as Tract III on plat of survey prepared by Martin-Adams Associates, registered surveyors, dated February 18, 1982. (3) All that tract or parcel of land situated, lying and being in the 15th District and 2nd Section of Cherokee County, Georgia, being all of Land Lots 706 and 707 and part of Land Lots 708, 734, 735, and 779, containing 175.46 acres, more or less. All of said property is more particularly described as follows: BEGINNING at the northwest corner of Land Lot 708 and from said point of beginning running thence due east, along the north line of Land Lots 708, 707 and 706, 61.71 chains to the northeast corner of Land Lot Page 4007 706; thence due south, along the east line of Land Lot 706, 17.06 chains; thence South 01 degree 00 minutes West, 2.41 chains; thence South 00 degrees 30 minutes West, 2 chains; thence South 00 degrees 30 minutes East, 2 chains; thence due South, along the east line of Land Lot 735, 10 chains; thence due West 20 chains to a point on the West line of Land Lot 735; thence due South, along the East lines of Land Lots 734 and 779, 19.05 chains; thence due West 5 chains; thence due North 10.58 chains, to a point on the South line of Land Lot 734; thence due West, along the South line of Land Lot 734, 11.22 chains; thence due North 10 chains; thence due West 5 chains; thence due North 10 chains; thence due East 1.52 chains to the southwest corner of Land Lot 707; thence due North, along the West line of Land Lot 707, 11 chains; thence due West 21.52 chains to a point on the West line of Land Lot 708; thence due North, along the West line of Land Lot 708, 10.5 chains to the point of beginning. Less and except the following described parcel being the right-of-way for I-575: Being a tract or parcel of land lying and being in Land Lot 708 of the 15th Land District, Cherokee County, Georgia, and being more particularly described as follows: Beginning at a point lying 200 feet left, northwest of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 711 + 32.87, said point being a point on the existing west property line between the grantor and lands now or formerly owned by UNITED STATES OF AMERICA; thence northeasterly along a straight line lying 200 feet left, northwest of, and parallel to Project Number I-575-1(1)07 Phase 2 Survey Centerline a distance 520.87 feet to a point lying 200 feet left, northwest of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 716 + 53.74, said point being a point on the existing north property line between the grantor and lands now or formerly owned by W. J. MILLWOOD; thence easterly along said property line, which follows a straight line, a combined distance of 294.86 feet to a point lying 35.13 feet right, southeast Page 4008 of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 718 + 31.66, said point being a point on the existing north property line between the grantor and lands now or formerly owned by BILL KOWITZ; thence easterly along said property line, which follows a straight line, a distance of 206.33 feet to a point lying 200 feet right, southeast of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 719 + 54.04; thence southwesterly along a curved line lying 200 feet right, southeast of, and parallel to Project Number I-575-1(1)07 Phase 2 Survey Centerline an arc distance of 63.03 feet to a point lying 200 feet right, southeast of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 718 + 93.13; thence southwesterly along a straight line lying 200 feet right, southeast of, and parallel to Project Number I-575-1(1)07 Phase 2 Survey Centerline a distance of 802.53 feet to a point lying 200 feet right, southeast of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 710 + 90.61, said point being a point on the existing south property line between the grantor and lands now or formerly owned by UNITED STATES OF AMERICA; thence westerly along said property line, which follows a straight line, a combined distance of 291.64 feet to a point lying 31.98 feet left, northwest of, and opposite Project Number I-575-1(1)07 Phase 2 Survey Centerline Station 713 + 39.70, said point being a point on the existing west property line between the grantor and lands now or formerly owned by UNITED STATES OF AMERICA; thence northerly along said property line, which follows a straight line, a distance of 276.56 feet back to the point of beginning. Said tract or parcel of land containing 7.292 acress and being bound on the north by lands now or formerly owned by W. J. MILLWOOD and by lands now or formerly owned by BILL KOWITZ; on the northwest and southeast by other lands of the grantor; and on the south and west by lands now or formerly owned by UNITED STATES OF AMERICA. (4) All that tract or parcel of land lying and being in Land Lots 1133, 1134, 1171 and 1172 of the 15th District, Page 4009 2nd Section, Cherokee County, Georgia as per plat of survey by Gaskins Surveying Company dated December 4, 1985 being more particularly described as follows: Commencing at a steel post located on the south line of Land Lot 1133, said steel post being located 66.2 feet easterly from the southwest corner of Land Lot 1133; from said steel post and point of beginning; thence south 85 degrees 18 minutes 45 seconds east a distance of 106.91 feet to an iron pin; thence south 02 degrees 56 minutes 06 seconds east a distance of 405.97 feet to an iron pin; thence south 20 degrees 37 minutes 57 seconds east a distance of 229.72 feet to an iron pin; thence south 76 degrees 41 minutes 04 seconds west a distance of 489.97 feet to an iron pin; thence north 21 degrees 08 minutes 10 seconds west a distance of 200.40 feet to an iron pin; thence north 55 degrees 04 minutes 57 seconds west a distance of 134.57 feet to an iron pin; thence south 54 degrees 46 minutes 31 seconds west a distance of 108.03 feet to an iron pin; thence south 30 degrees 49 minutes 31 seconds west a distance of 108.93 feet to an iron pin; thence south 32 degrees 34 minutes 11 seconds west a distance of 49.72 feet to an iron pin; thence south 65 degrees 39 minutes 29 seconds west a distance of 49.98 feet to an iron pin; thence north 52 degrees 13 minutes 16 seconds west a distance of 49.88 feet to an iron pin; thence north 24 degrees 00 minutes 46 seconds west a distance of 193.49 feet to an iron pin; thence north 55 degrees 40 minutes 19 seconds west a distance of 110.81 feet to an iron pin; thence south 84 degrees 58 minutes 28 seconds west a distance of 84.60 feet to an iron pin; thence north 5 degrees 39 minutes 11 seconds west a distance of 494.30 feet to an iron pin; thence north 10 degrees 21 minutes 36 seconds west a distance of 733.50 feet to an iron pin; thence north 10 degrees 21 minutes 36 seconds west a distance of 147.98 feet to an iron pin; thence south 88 degrees 39 minutes 41 seconds east a distance of 566.60 feet to an iron pin; thence south 11 degrees 03 minutes 51 seconds east a distance of 148.39 feet to an iron pin; thence south 11 degrees 03 minutes 51 seconds east a distance of 205.21 feet to an iron pin; thence south 88 degrees 14 minutes 54 seconds east a distance of 844.53 feet to an iron pin located on the westerly Page 4010 right of way of Neese Road; thence south 36 degrees 28 minutes 21 seconds east a distance of 85.92 feet to an iron pin; thence south 34 degrees 19 minutes 24 seconds east a distance of 112.58 feet to an iron pin; thence south 27 degrees 28 minutes 12 seconds east a distance of 98.16 feet to an iron pin; thence north 80 degrees 57 minutes 06 seconds west a distance of 301.05 feet to an iron pin; thence north 0 degrees 14 minutes 40 seconds east a distance of 14.06 feet to an iron pin; thence north 84 degrees 52 minutes 50 seconds west a distance of 232.39 feet to an iron pin; thence south 09 degrees 01 minutes 38 seconds east a distance of 376.36 feet to an iron pin, the same being located at the point of beginning. Said property being shown on said plat of survey as 33.23 acres of land. Section 2. All laws and parts of laws in conflict with this Act are repealed. 957 Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend and change the city limits of the City of Woodstock, Georgia; to annex additional property; to provide for all related matters; and for other purposes. This the 29th day of January, 1986. /s/ Carl Harrison Carl Harrison Senator District 37 1:28;2:6 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: January 29, 1986. /s/ Carl Harrison Senator, 37th District Page 4011 Sworn to and subscribed before me, this 31st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. CITY OF ELLAVILLE MAYOR AND COUNCIL; COMPOSITION; ELECTIONS; DISTRICTS. No. 900 (Senate Bill No. 469). AN ACT To amend an Act creating a new charter for the City of Ellaville in Schley County, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2254), an Act approved March 18, 1964 (Ga. L. 1964, p. 3008), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3442), so as to change the composition and method of election of the mayor and council of the City of Ellaville; to provide for council districts for the election of said members; to provide for the qualifications, election, service, and terms of said members; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Ellaville in Schley County, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2254), an Act approved March 18, 1964 (Ga. L. 1964, p. 3008), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3442), is amended by striking Sections 3 and 4 and inserting in their place new Sections 3 and 4 to read as follows: Page 4012 Section 3. Be it further enacted by the authority aforesaid: (a) The government of the City of Ellaville shall be vested in a mayor and council, to be composed of a mayor and five council members. As used in the other sections of this Act, the terms `councilman' and `councilmen' shall be synonomous with the terms `council member' and `council members,' respectively. (b) The mayor and council provided for in this section shall be the successor in interest to the former governing authority of the City of Ellaville. All ordinances, resolutions, rules, and regulations of the former governing authority shall remain in effect; and all rights and duties appertaining to the former governing authority shall appertain equally to the mayor and council provided for in this section. (c) The members of the governing authority in office on the effective date of this section shall serve out the terms for which they were elected and until their successors are elected and qualified, such terms of the members in office on the effective date of this section to expire on the first Wednesday in January as follows: (1) Mayor, January, 1987; (2) Post 1, January, 1987; (3) Post 2, January, 1988; (4) Post 3, January, 1987; (5) Post 4, January, 1988; and (6) Post 5, January, 1988. (d) Successors to the mayor and council members in office on the effective date of this section shall be elected at a regular municipal election which shall be held on the second Tuesday in December of 1986 and of each year thereafter. All such future members shall be elected for terms of two years, beginning on the first Wednesday in January next following their election, and until their successors are elected and qualified. The mayor and council members to Page 4013 serve in Posts 1 and 3 shall be elected in December, 1986, and biennially thereafter. Council members to serve in Posts 2, 4, and 5 shall be elected in December of 1987 and biennially thereafter. (e) Council members elected after the effective date of this Section shall be elected from and by the voters of the council districts they represent, each member to be elected only by the voters of the council district that member represents and not by the voters of the city at large. For this purpose, the council member serving in Post 1 shall represent Council District No. 1, the council member serving in Post 2 shall represent Council District No. 2, the council member serving in Post 3 shall represent Council District No. 3, the council member serving in Post 4 shall represent Council District No. 4, and the council member serving in Post 5 shall represent Council District No. 5. The territory within each of the five council districts shall be as described in Section 4 of this Act. (f) In order to be eligible for election as a council member, a candidate must be a resident and qualified voter of the council district he or she seeks to represent. In order to be eligible for election as mayor, a candidate must be a resident and qualified voter of the City of Ellaville. Any person selected to fill a vacancy in the office of mayor or council member shall likewise meet such residency requirements. Any member of the mayor and council who ceases to meet such residency requirements during any term of office shall have his or her office immediately vacated by operation of law. (g) Any council member in office in Post 2, 4, or 5 on the effective date of this Section who resides within Council District No. 1 or 3 rather than the council district represented by his or her post shall be eligible for election in 1986 to the post representing the council district in which such council member resides, if such council member resigns his or her current position at least 90 days prior to the date of the 1986 election. (h) The office of clerk-recorder shall be an appointive office rather than an elective office, the clerk-recorder to Page 4014 be appointed by and hold office at the pleasure of the mayor and council. Section 4. Be it further enacted by the authority aforesaid: (a) For the purposes of election and service of members of the mayor and council of the City of Ellaville, the city is divided into five council districts described as follows: Council District No. 1 Tract 9901 Block 221, that part within the City of Ellaville Blocks 301 and 306 Council District No. 2 Tract 9901 Block 228, that part within the City of Ellaville Blocks 302 through 305, 307 through 309, and 311 through 315 Council District No. 3 Tract 9901 Blocks 229, 230, and 240, those parts within the City of Ellaville Blocks 310, 316 through 324, and 326 through 332 Council District No. 4 Tract 9901 Blocks 239 and 241, those parts within the City of Ellaville Blocks 325, 334 through 342, and 345 through 347 Council District No. 5 Tract 9901 Blocks 227, 243 through 246, 249, and 250, those parts within the City of Ellaville Blocks 333, 343, 344, 349, and 350 Page 4015 (b) For the purposes of subsection (a) of this Section: (1) The terms `Tract' or `Census tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any council district refers to a named city, it shall mean the actual geographical boundaries of that city as of the effective date of this Section. (3) Any part of the City of Ellaville which is not included in any council district described in this Section shall be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 2. Said Act is further amended by repealing in its entirety Section 3 of the amendatory Act, approved February 8, 1950 (Ga. L. 1950, p. 2254). Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a charter for and incorporating the City of Ellaville in Schley County, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended; and for other purposes. This 22nd day of January, 1986. L. H. McKenzie Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, Page 4016 on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Patriot-Citizen which is the official organ of Schley County, on the following date: January 30, 1986. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. ROCKDALE COUNTY SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 901 (Senate Bill No. 479). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 545) and which relates to appointment of the Rockdale County school superintendent; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4017 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 545) and which relates to appointment of the Rockdale County school superintendent shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act. No. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 545) and which relates to appointment of the Rockdale County school superintendent; to repeal conflicting laws; and for other purposes. This 14th day of January, 1986. Harrell L. Dawkins State Senator 45th District 1tcJ21Tues Page 4018 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harrill L. Dawkins, who, on oath, deposes and says that he is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 14, 1986. /s/ Harrill L. Dawkins Senator, 45th District Sworn to and subscribed before me, this 5th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. ROCKDALE COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 902 (Senate Bill No. 481). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1949, p. 2106) and which relates to election of the Rockdale County board of education; to likewise continue in effect that constitutional amendment which was proposed by Page 4019 Resolution Act No. 9 of the May extraordinary session of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, Ex. Sess., p. 369) and which amended the provisions of said amendment ratified in 1950 so as to make further provisions for the election of the Rockdale County board of education; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) That constitutional amendment which was proposed by Resolution Act No. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1949, p. 2106) and which relates to election of the Rockdale County board of education shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. (b) That constitutional amendment which was proposed by Resolution Act No. 9 of the May extraordinary session of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, Ex. Sess., p. 369) and which amended the provisions of said amendment ratified in 1950 so as to make further provisions for the election of the Rockdale County board of education is likewise continued in force and effect on and after July 1, 1987, as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4020 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed Resolution Act. No. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1949, p. 2106) and which relates to election of the Rockdale County board of education; to likewise continue in effect that constitutional amendment which was proposed by Resolution Act. No. 9 of the May extraordinary session of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, Ex. Sess., p. 369) and which amended the provisions of said amendment ratified in 1950 so as to make further provisions for the election of the Rockdale County board of education; and for other purposes. This 14th day of January, 1986. Harrell L. Dawkins State Senator 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harrill L. Dawkins, who, on oath, deposes and says that he is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 14, 1986. /s/ Harrill L. Dawkins Senator, 45th District Sworn to and subscribed before me, this 5th day of February, 1986. /s/ Connie F. Smith Notary Public. Approved March 18, 1986. Page 4021 SOUTH COBB COUNTY COURTHOUSE FACILITIES STUDY COMMISSION. No. 903 (Senate Bill No. 486). AN ACT To create the South Cobb County Courthouse Facilities Study Commission; to provide for the members of the commission and their selection and service; to provide that the duties of the commission shall be to undertake a study of the desirability and feasibility of locating a courthouse annex, satellite courthouse facilities, or other similar facilities in the southern part of Cobb County; to provide that the governing authority of Cobb County shall be authorized to provide any necessary or appropriate funding or staff support or both to the commission; to provide for a report by the commission of its findings; to provide for all related matters; to provide for an effective date and for a date of automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created the South Cobb Courthouse Facilities Study Commission. The commission shall consist of nine members who shall be selected as follows: (1) Three members shall be appointed by the governing authority of Cobb County; (2) One member shall be appointed by the governing authority of the City of Powder Springs; (3) One member shall be appointed by the governing authority of the City of Austell; (4) One member shall be appointed by majority vote of the members of the South Cobb Development Authority; (5) One member shall be appointed by the member of the Georgia Senate representing Senate District 33; and Page 4022 (6) Two members shall be appointed by majority vote of the members of the Georgia House of Representatives representing House District 20. (b) Any vacancy on the commission shall be filled in the same manner as the original appointment was made. (c) Members of the commission shall receive no compensation for their service as members of the commission, except that the governing authority of Cobb County shall be authorized, but not required, to provide for reimbursement from county funds of expenses actually and reasonably incurred by the members of the commission in the performance of their duties. Section 2. (a) The date of the first meeting of the commission shall be fixed by joint action of the member of the Georgia Senate representing Senate District 33 and the members of the Georgia House of Representatives representing House District 20. (b) At its first meeting the commission shall elect from among their number a chairman, a vice chairman, and such other officers as may be determined to be appropriate by the commission. The commission shall thereafter meet on the call of the chairman or, in the case of absence or illness of the chairman, on the call of the vice chairman. Section 3. The governing authority of Cobb County shall be authorized, but not required, to furnish to the commission any funding or staff support, or both, which is necessary or appropriate for the performance by the commission of its duties. Section 4. The commission shall undertake a study of the desirability and feasibility of locating in the southern part of Cobb County either a courthouse annex, satellite courthouse facilities, or any other similar facilities. If the commission determines that any such facility or facilities are desirable and feasible, the commission shall further undertake a study of where such facility or facilities should be located and housed and of how such facility or facilities should be financed. Section 5. All officers and agents of Cobb County and of the several political subdivisions located therein shall cooperate Page 4023 with the commission in the performance of the duties of the commission; and the study to be undertaken by the commission is declared to be a public purpose for which any of said political subdivisions shall be authorized, but not required, to expend public funds. Section 6. The commission shall issue a report of its findings not later than December 31, 1986. The commission shall furnish a copy of this report to each member of the governing authority of Cobb County, to each member of the governing authority of the Cities of Powder Springs and Austell, to each member of the South Cobb Development Authority, and to each member of the Georgia General Assembly whose legislative district embraces any part of Cobb County. Section 7. As of the ninetieth day following the adjournment sine die of the 1987 session of the General Assembly of Georgia, the commission shall be abolished and this Act shall stand repealed. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. L-230 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the South Cobb Courthouse Facilities Study Commission for the purpose of studying the desirability and feasibility of locating a courthouse annex, satellite courthouse facilities, or other similiar facilities in the southern part of Cobb County; to provide for all related matters; and for other purposes. This 23 day of January, 1986. /s/ Fred Aiken Fred Aiken 1:24 Page 4024 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 24, 1986. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. COBB COUNTY BOARD OF EDUCATION; COMPENSATION. No. 904 (Senate Bill No. 487). AN ACT To amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4007), so as to change the compensation of the chairman and other members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4025 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4007), is amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Each member of the board of education of Cobb County except the chairman shall receive an annual salary equal to the salary of an individual part-time member of the board of commissioners of Cobb County, payable in equal monthly installments from the funds of the board of education. The chairman shall receive an annual salary equal to 20 percent more than the salary of an individual member of the board of education of Cobb County, payable in equal monthly installments from the funds of the board of education. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-240 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act relating to the board of education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended; to provide for related matters; and for other purposes. Page 4026 This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Freds Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3:10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4027 FULTON COUNTY ORDINANCES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 905 (Senate Bill No. 520). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1976, p. 1880), which relates to the authorization of Fulton County to adopt ordinances for the unincorporated areas of the county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1976, p. 1880) authorization of Fulton County to adopt ordinances for the unincorporated areas of the county and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1976, p. 1880) which relates Page 4028 to the authorization of Fulton County to adopt ordinances for the unincorporated areas of the county and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4029 FULTON COUNTY BOARD OF COMMISSIONERS; ADVERTISING AND PROMOTING THE COUNTY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 906 (Senate Bill No. 521). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1943, p. 24) which relates to the empowering of the board of commissioners of Fulton County to spend funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of the county, to encourage the location of industry therein, and to attract tourists and visitors; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1943, p. 24) which relates to the empowering of the board of commissioners of Fulton County to spend funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of the county, to encourage the location of industry therein, and to attract tourists and visitors and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4030 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the general Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1943, p. 24) which relates to the empowering of the Board of Commissioners to spend funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of the county, to encourage the location of industry therein, and to attract tourists and visitors and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4031 FULTON COUNTY MEDICAL EXAMINER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 907 (Senate Bill No. 522). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 872) which relates to the abolition of the office of coroner in Fulton County and to create the office of medical examiner and prescribe the powers, duties and functions of such office; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1964, p. 872) which relates to the abolition of the office of coroner in Fulton County and to create the office of medical examiner and prescribe the powers, duties and functions of such office and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia Page 4032 that constitutional amendment (Ga. L. 1964, p. 872) which relates to the abolishing of the office of coroner in Fulton County and to create the office of medical examiner and prescribe the powers, duties and functions of such office and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4033 FULTON COUNTY STREET IMPROVEMENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 908 (Senate Bill No. 523). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1963, p. 693) which relates to the granting of full authority regarding street improvements in the unincorporated area of Fulton County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1963, p. 693) which relates to the granting of full authority regarding street improvements in the unincorporated area of Fulton County and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1963, p. 693) which relates to the granting of full authority regarding street improvements Page 4034 in the unincorporated area of Fulton County and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4035 FULTON COUNTY RECREATIONAL PROGRAMS IN CITIES OF NOT MORE THAN 5,000; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 909 (Senate Bill No. 524). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 924), which relates to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons provided the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1966, p. 924) authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons provided the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4036 in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1966, p. 924) which relates to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons provided the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4037 FULTON COUNTY AND CITY OF ATLANTA COUNTY TAX COMMISSIONER; COLLECTION OF CITY TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 910 (Senate Bill No. 525). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1950, p. 441) which relates to the authorization of requiring or permitting the tax receiver, tax collector, or tax commissioner of Fulton County to receive the returns and collect taxes due to the City of Atlanta and to permit the retention of a percentage of such collections as compensation for such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment (Ga. L. 1950, p. 441) which relates to the authorization of requiring or permitting the tax receiver, tax collector, or tax commissioner of Fulton County to receive the returns and collect taxes due to the City of Atlanta and to permit the retention of a percentage of such collections as compensation for such services and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia, but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Page 4038 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1950, p. 441), which relates to the authorization of requiring or permitting the tax receiver, tax collector, or tax commissioner of Fulton County to receive the returns and collect taxes due to the City of Atlanta and to permit the retention of a percentage of such collections as compensation for such services and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4039 FULTON COUNTY PENSION SYSTEM; PARTICIPATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 911 (Senate Bill No. 526). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1947, p. 1749) which relates to the authorization of certain employees whose wages are paid wholly or partially out of funds of Fulton County, officers and employees of the county welfare department, and certain pension system officers and employees, and employees of the county board of education to participate in the pension system established for county employees; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1947, p. 1749) which relates to the authorization of certain employees whose wages are paid wholly or partially out of funds of Fulton County, officers and employees of the county welfare department, and certain pension system officers and employees, and employees of the county board of education to participate in the pension system established for county employees and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4040 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1947, p. 1749) which relates to the authorization of certain employees and whose wages are paid wholly or partially out of funds of Fulton County, officers and employees of the County Welfare Department, and certain pension system officers and employees, and employees of the county board of education to participate in the pension system established for county employees and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4041 FULTON COUNTY RETIREMENT SYSTEM; INCREASES IN BENEFITS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 912 (Senate Bill No. 527). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1978, p. 2383), which relates to the authorization of the Board of Commissioners to increase retirement benefits of retirees of any system wholly or partially supported by funds of the county, such increases may be paid only from general county funds and not from the funds of the Fulton County Teachers' Retirement Fund; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1978, p. 2383) authorization of the Board of Commissioners to increase retirement benefits of retirees of any system wholly or partially supported by funds of the county, such increases may be paid only from general county funds and not from the funds of the Fulton County Teachers' Retirement Fund and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4042 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1978, p. 2383) which relates to the authorization of the Board of Commissioners to increase retirement benefits of retirees of any system wholly or partially supported by funds of the county. Such increases may be paid only from general county funds and not from the funds of the Fulton County Teachers' Retirement Fund and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4043 FULTON COUNTY BOARD OF COMMISSIONERS; BOARD OF EDUCATION; BRANCH OFFICES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 913 (Senate Bill No. 528). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1978, p. 2426), which relates to the authorization of the Board of Commissioners of Fulton County to establish no more than two branch offices for the conduct of county business and authorizes the board of education to establish branch offices for the conduct of official business on education matters; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1978, p. 2426) authorization of the Board of Commissioners of Fulton County to establish no more than two branch offices for the conduct of county business and authorizes the board of education to establish branch offices for the conduct of official business on education matters and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4044 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1978, p. 2426) which relates to the authorization of the Board of Commissioners of Fulton County to establish no more than two branch offices for the conduct of county business and authorizes the board of education to establish branch offices for the conduct of official business on education matters and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4045 FULTON COUNTY BUSINESS LICENSES AND TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 914 (Senate Bill No. 529). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 909), which relates to the authorization of Fulton County to levy and collect business license tax in the unincorporated area; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1966, p. 909) authorization of Fulton County to levy and collect business license tax in the unincorporated area, and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1966, p. 909) which relates to the authorization of Fulton County to levy and collect Page 4046 business license tax in the unincorporated area and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4047 FULTON COUNTY AND CITY OF ATLANTA STADIUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 915 (Senate Bill No. 530). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 891), which relates to the authorization of Fulton County to cooperate with the City of Atlanta to construct a stadium and to contract with the city for the purpose of retiring the financial obligations; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which relates to the (Ga. L. 1964, p. 891) authorization of Fulton County to cooperate with the City of Atlanta to construct a stadium and to contract with the city for the purpose of retiring the financial obligations and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia Page 4048 that constitutional amendment (Ga,. L. 1964, p. 891) which relates to the authorization of Fulton County to cooperate with the City of Atlanta to construct a stadium and to contract with the city for the purpose of retiring the financial obligations and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4049 FULTON COUNTY TAX COMMISSIONER; UNCOLLECTIBLE CHECKS FOR AUTOMOBILE LICENSE TAGS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 916 (Senate Bill No. 531). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1968, p. 1571), which relates to the authorization of Fulton County to indemnify the tax commissioner for uncollectible checks for automobile license tags; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1968, p. 1571) authorization of Fulton County to indemnify the tax commissioner for uncollectible checks for automobile license tags and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia Page 4050 that constitutional amendment (Ga. L. 1968, p. 1571) which relates to the authorization of Fulton County to idemnify the tax commissioner for uncollectible checks for automobile license tags and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4051 EVANS COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 917 (Senate Bill No. 534). AN ACT To fix the compensation of the members of the board of education of Evans County; to provide for reimbursement of actual expenses; to provide that the accounts for such service and expenses shall be submitted for approval to the county school superintendent; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The members of the board of education of Evans County shall each receive $100.00 per month for their services plus reimbursement for actual expenses necessarily incurred in connection with the performance of their duties. The accounts for such service and expenses shall be submitted for approval to the county school superintendent and shall be paid out of the funds of the Evans County school district. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the 1986 Session of the Georgia Legislature, a bill relative to members of the Evans County Board of Education. This 6th day of February, 1986. State Senator Joseph E. Kennedy C/F6 Page 4052 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy, who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Enterprise which is the official organ of Evans County, on the following date: February 6, 1986. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. COBB COUNTY ALCOHOLIC BEVERAGE TAXES; SCHOOL DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 918 (Senate Bill No. 547). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 156 (House Resolution No. 667-1965) of the 1974 General Assembly (Ga. L. 1974, p. 1730), and which was duly ratified at the 1974 general election and which relates to the payment of a portion of revenues derived from the taxation of alcoholic beverages in Cobb County to school districts within said county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4053 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 156 (House Resolution No. 667-1965) of the 1974 General Assembly (Ga. L. 1974, p. 1730), and which was duly ratified at the 1974 general election and which relates to the payment of a portion of revenues derived from the taxation of alcoholic beverages in Cobb County to school districts within said county shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia a constitutional amendment proposed by Resolution Act No. 156 of the 1974 session of the General Assembly and duly ratified at the 1974 general election (Ga. L. 1974, p. 1730) which relates to the payment of a portion of revenues derived from the taxation of alcoholic beverages in Cobb County to school districts within said county: to provide for related matters: and for other purposes. This 9 day of January, 1986. Honorable Carl Harrison Senator, 37th District Roy E. Barnes Page 4054 Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: Friday, January 10, 1986. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 15th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. Page 4055 COBB COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 919 (Senate Bill No. 548). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 188 (House Resolution No. 621-1176) of the 1962 General Assembly (Ga. L. 1962, p. 971), and which was duly ratified at the 1962 general election and which relates to the Board of Education of Cobb County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 188 (House Resolution No. 621-1176) of the 1962 General Assembly (Ga. L. 1962, p. 971), and which was duly ratified at the 1962 general election and which relates to the Board of Education of Cobb County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. L-980 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4056 in force and effect as a part of the Constitution of Georgia constritutional amendment proposed by Resolution Act No. 188 of the 1962 session of the General Assembly and duly ratified at the 1962 general election (Ga. L. 1962, p. 971), which relates to the Board of Educatin of Cobb County; to provide for related matters; and for other purposes. This 9 day of January, 1986. Honorable Carl Harrison Senator, 37th District Roy E. Barnest Haskey Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thomson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 10, 1986. /s/ Carl Harrison Senator, 37th District Page 4057 Sworn to and subscribed before me, this 15th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. COBB COUNTY BOARD OF EDUCATION; ENACTMENT OF LEGISLATION WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 920 (Senate Bill No. 549). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 163 (House Resolution No. 694-2052) of the 1974 General Assembly (Ga. L. 1974, p. 1763), and which was duly ratified at the 1974 general election and which relates to authority for the enactment of legislation relative to the Cobb County Board of Education without the necessity of a referendum; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 163 (House Resolution No. 694-2052) of the 1974 General Assembly (Ga. L. 1974, p. 1763), and which was duly ratified at the 1974 general election and which relates to authority for the enactment of legislation relative to the Cobb County Board of Education without the necessity of a referendum shall not be repealed or deleted on July 1, Page 4058 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-982 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia a constitutional amendment proposed by Resolution Act No. 163 of the 1974 session of the General Assembly and duly ratified at the 1974 general election (Ga. L. 1974. p. 1763) which relates to the authority for the enactment of legislation relative to the Cobb County Board of Education without the necessity of a referendum; to provide for related matters; and for other purposes. This 9 day of January, 1986. Honorable Carl Harrison Senator, 37th District Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:10 Page 4059 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 10, 1986. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 15th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. CITY OF MARIETTA BOARD OF LIGHTS AND WATER WORKS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 921 (Senate Bill No. 557). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 72 of the 1958 General Assembly and which was duly ratified at the 1958 general election (Ga. L. 1958, p. 425) and which relates to the City of Marietta and its board of lights and water works and their powers with Page 4060 respect to utility operations and financing; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 72 of the 1958 General Assembly and which was duly ratified at the 1958 general election (Ga. L. 1958, p. 425) and which relates to the City of Marietta and its board of lights and water works and their powers with respect to utility operations and financing shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-545 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and affect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to combine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72; H.R. 332-787a; Ga. L. 1958, p. 425); to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken Representative 21st District Page 4061 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 5, 1986. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. DAWSON COUNTY HOMESTEAD EXEMPTIONS FROM SCHOOL DISTRICT TAXES; REFERENDUM. No. 922 (Senate Bill No. 572). AN ACT To provide that the homestead of each resident of Dawson County which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, Page 4062 as net income is defined by Georgia law, from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes; to provide that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted pursuant to the authority granted to the General Assembly in subparagraph (2) of Paragraph II of Section II of Article VII of the Constitution. Section 2. Effective for tax years beginning on and after January 1, 1987, the homestead of each resident of Dawson County which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. Section 3. After the approval of this Act by the Governor or after it otherwise becomes law without his approval, it shall Page 4063 be the duty of the election superintendent of Dawson County to issue the call for an election for the purpose of submitting the Act to the electors of Dawson County for approval or rejection. The superintendent shall set the date of such election for the same date as the general primary election which is held in 1986. He shall issue the call for such election at least 30 days but not more than 60 days prior to the date of such election. The superintendent shall cause the date and purpose of the election and the form of the ballot to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dawson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that the homestead of each resident of Dawson County which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the O.C.G.A. shall be eligible for such exemption if the net income of the owner, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes and providing that net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income be approved? Page 4064 All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force or effect. The expense of such election shall be borne by Dawson County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to change the income limitation below which certain persons shall be eligible for an exemption from ad valorem taxes for educational purposes in Dawson County; and for other purposes. This 10th day of February, 1986. Joe Lane Cox Randall Townley Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser which is the official organ of Dawson County, on the following date: February 13, 1986. /s/ John C. Foster Senator, 50th District Page 4065 Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. COBB COUNTY JUDGE AND CLERK OF THE PROBATE COURT; COMPENSATION. No. 923 (Senate Bill No. 578). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3864), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3864), is amended by striking in its entirety Section 2A and inserting in its place a new Section 2A to read as follows: Section 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $49,350.00, to be paid in equal monthly installments from the funds of Cobb County. Page 4066 Section 2. Said Act is further amended by striking in its entirety the second sentence of Section 3 and inserting in its place a new sentence to read as follows: The clerk of the probate court shall be compensated in the amount of $30,872.00 per annum, payable in equal monthly installments from the funds of Cobb County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. L-800 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 426) as amended, so as to change the compensation of the Sheriff, the Sheriff's Chief Deputy, the Clerk of the Superior Court, the Deputy Clerk of the Superior Court, the Judge of the Probate Court, and the Clerk of the Probate Court; and for other purposes. This 3rd day of January, 1986 Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 Page 4067 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 10, 1986. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Susan Gordon Notary Public, Clayton County, Georgia. My Commission Expires Dec. 11, 1988. Approved March 18, 1986. CITY OF TYBEE ISLAND MAYOR AND COUNCIL; POWERS; PARKING AND STREET AND BEACH USE FEE ON MOTOR VEHICLES. No. 924 (Senate Bill No. 587). AN ACT To amend an Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, so as to provide certain additional powers for the mayor and council of said city; to authorize the imposition and collection of a parking and street and beach use fee on motor vehicles; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Page 4068 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, is amended by adding a new section immediately following Section 40 to be designated Section 40A to read as follows: Section 40A. (a) The city council may provide by ordinance for the imposition and collection of a parking and street and beach use fee upon motor vehicles entering Tybee Island. Such ordinance shall not apply to motor vehicles owned by residents of the city or to motor vehicles owned by persons who own property within the city. The city council may classify persons, firms, or corporations for the purposes of the ordinance authorized by this subsection and may provide for such other exceptions to the application of such ordinance as may be reasonable or necessary. (b) The city council may provide by ordinance that the net proceeds or a specified portion of the net proceeds derived by the city from the imposition of the parking and street and beach use fee authorized by subsection (a) of this section shall be used exclusively for the purpose of improving, repairing, or maintaining the streets of the city and repairing or constructing sea walls and groins, prohibiting or reducing beach erosion, restoring or repairing beaches, or taking other action to prohibit, reduce, or recover from the effect of beach erosion. (c) The city council may prescribe penalties and punishment for the violation of any ordinance adopted by the city council pursuant to the authority of this section. Section 2. All laws and parts of laws in conflict with this Act are repealed. State of Georgia. Chatham County. Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business Page 4069 in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Feb 10, 1986, and finds that the following advertisement, to-wit: Notice is given that there will be introduced at the 1986 regular session of the General Assembly of Georgia an Act to Amend an ACT INCORPORATING the City of Tybee Island, Georgia, approved 2/20/70 (GA Law 1970, page 2080) as amended and for other purposes. Feb 10 NP appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me, this 10 day of February, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989 Approved March 18, 1986. Page 4070 PIKE COUNTY RECREATION AUTHORITY CREATED; STADIUMS; PARKS; FACILITIES. No. 925 (Senate Bill No. 591). AN ACT To create the Pike County Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, gymnatoriums and related buildings, and the usual and convenient facilities appertaining to such undertakings; to make extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection with such facilities; to acquire the necessary property for such facilities, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers, including, among others, the power of eminent domain, and impose duties on the authority; to designate the procedure for the selection of members of the authority; to authorize the authority and the various cities, towns, municipalities, and counties of the state to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings or other funds of the authority to pay the cost of such projects; to authorize the collection and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust instruments, mortgages, and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the holders of such bonds; to provide that such bonds shall not constitute a debt of the state or of any city, town, municipality, or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue Page 4071 or jurisdiction of the actions relating to any provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created a body corporate and politic to be known as the Pike County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation; and by that name, style, and title said body may contract and be contracted with, bring and defend actions, and implead and be impleaded in all courts of law and equity. (b) Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating one or more projects as defined in paragraph (2) of Section 4. The authority is also authorized to provide for the extension and improvements of such facilities and the acquisition of the necessary property therefor, both real and personal, with the right to contract for the use of, or to lease or sell, any or all of such facilities, including real property, and to do any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development of such types of undertakings. Section 2. (a) The authority shall consist of seven members appointed by the board of commissioners of Pike County. The first members of the authority appointed under this section shall be appointed at the first meeting of the board of commissioners held after July 1, 1986. Three members shall be appointed to terms of three years and four members shall be appointed to terms of two years. Thereafter, successors shall be appointed by the board of commissioners every three years at the first meeting of the board held after July 1. Successors shall be appointed for terms of office of three years and until their successors are appointed and qualified. All members of the authority are eligible for reappointment if otherwise qualified. At the first meeting of the authority in July each year, the members of the authority shall select a chairman, a vice chairman, and a secretary-treasurer. All officers of the authority shall be members Page 4072 of the authority. All members of the authority shall be citizens of the United States, shall be at least 21 years of age, shall have been residents of this state for at least two years, and shall have been residents of Pike County for at least one year. (b) If a vacancy shall occur on the authority for any reason, the board of commissioners of Pike County shall appoint a member to fill such vacancy. The member so appointed shall serve for the unexpired term. (c) Four members of the authority shall constitute a quorum for conducting business. (d) Each member of the authority shall be reimbursed in full for all reasonable expenses incurred in connection with the performance of activities that serve the purposes for which the authority was created. All such reimbursements shall be approved by the authority, and the governing authority shall approve all reimbursements once the aggregate total of all reimbursements exceeds $100.00 for a given month. (e) Prior to taking office the members of the authority shall subscribe to the following oath: I do solemnly swear that I will fully and fairly perform the duties as a member of the Pike County Recreation Authority, so help me God. (f) The authority shall have perpetual existence as provided in this Act. (g) No member of the authority shall hold any appointed or elected local, state, or federal public office. (h) No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. (i) A member of the authority may be removed by the board of commissioners of Pike County for cause but only after a hearing has been afforded to such a member. Page 4073 (j) The authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts, and such other agents and employees, temporary or permanent, as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and all expenditures of every kind. Section 3. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state, that the authority is an institution of purely public charity, and that all property of said authority is declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public. The use of such property pursuant to the terms of this Act shall be and is declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of pleasure and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in Pike County, which promotion is declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society; and all the property, income, obligations, and interest on the obligations of the authority and the transfer thereof shall be and are declared to be nontaxable for any and all purposes. Section 4. As used in this Act, the term: (1) Authority means the Pike County Recreation Authority created by this Act. (2) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, gymnatoriums and related buildings, Page 4074 and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property for such facilities, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (3) The term cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural, fiscal and legal expenses and costs of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) Revenue bonds, bonds, and obligations, as used in this Act, shall mean revenue bonds authorized to be issued pursuant to this Act or general law, and such type of obligations may be issued by the authority as authorized in this Act without any other actions or proceedings; and such term shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (5) Self-liquidating, when referring to a project, means, in the judgment of the authority, the revenues Page 4075 and earnings to be derived by the authority therefrom; and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds, which may be issued to finance, in whole or in part, the cost of such project or projects. Section 5. The authority shall have powers: (1) To adopt and alter a corporate seal; (2) To acquire by gift or by purchase, on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, lands, easements, or rights in lands or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof or to dispose of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public; (3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets; (4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or revenue bonds and to provide for the payment of the same and for the rights of the holders thereof and for foreclosure or forced sale of any property of the authority upon default either in payment of principal Page 4076 of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued; (5) To make contracts and leases and to execute all instruments necessary or convenient thereto, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character; and any and all persons, firms, and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof or with the United States government or any agency or department thereof; and the authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued under this Act and subject to the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 18 of this Act. (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from Page 4077 the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To issue revenue bonds in such amounts and denominations during the life of the authority as to finance in whole or in part the cost of such acquisition, construction, reconstruction, improvements, additions to, or extensions of projects as the authority in its judgment may deem just, proper, and necessary. All revenue bonds issued pursuant to this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia; (8) To issue revenue bonds to call, refund, or refinance, in whole or in part, all outstanding revenue bonds secured by the anticipated revenue of any project and to include in the cost of the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds; (9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments to this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (10) To invest any accumulation of its funds and any sinking funds or reserves in any manner in which public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be canceled; (11) To hire employees and employ volunteer workers who shall serve at the pleasure of the authority; and (12) To maintain concession stands and to purchase and sell products at games or otherwise to raise funds for purposes authorized by this Act. Page 4078 Section 6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated and shall bear interest from such date at such rate or rates per annum payable at such time or times as shall be determined by the authority. Principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of bonds. Section 7. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 8. The bonds shall be signed by the chairman of the authority manually or by use of the facsimile signature of the chairman, and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority. Any coupons attached to the bonds shall bear the facsimile signatures of the chairman and secretary-treasurer of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear Page 4079 on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. Section 9. All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the interest thereon shall be exempt from all taxation within the state. Section 10. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 11. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, which interim receipts and certificates or temporary bonds shall be exchanged, redeemed, paid, or otherwise discharged upon the issuance of the definitive bonds. Section 12. The authority may also provide for the replacement of any bonds which become mutilated or are destroyed or lost. Section 13. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 14. Revenue bonds issued under this Act shall not be deemed to constitute a debt of the State of Georgia or Pike Page 4080 County or a pledge of the faith and credit of said state or county, but such bonds shall be payable solely from the funds hereinafter provided for; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and shall be satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All Page 4081 expenses incurred in carrying out such trust indenture or resolution may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged, from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, (4) any premium upon bonds acquired by redemption, payment, or otherwise, and (5) any investment fees or charges. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. Page 4082 Section 18. Any holder of revenue bonds issued under this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under this Act and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Any action to protect or enforce any rights under the provisions of this Act or any action against the authority shall be brought in the Superior Court of Pike County, and any action pertaining to validation of any bonds issued under this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The petition for validation shall also make party defendant to such action any municipality, county, other authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, other authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof Page 4083 should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, other authority, subdivision, or instrumentality contracting with the authority. Section 22. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; and no other entity, department, agency, or other authority will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under this Act, shall constitute a contract with the holders of such bonds. Section 23. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, interim receipts and certificates, or temporary bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act and in accordance with the proceedings authorizing the issuance of such bonds. Section 24. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state convenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the Page 4084 use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation herein provided shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. Section 25. The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its land or facilities or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made or the sale of any of its land and facilities. Section 26. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under this Act. Section 27. The authority shall have the same immunity and exemption from liability for torts and negligence as Pike County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Pike County when in the performance of their public duties or work. Section 28. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Section 29. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other Page 4085 laws and shall not be regarded as being in derogation of any existing powers. Section 30. This Act shall become effective on July 1, 1986. Section 31. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation This is to give notice of intent to introduce local legislation in the 1986 General Assembly of Georgia to provide for the establishment of a Pike County Recreation Authority and for other purposes. Kyle Cobb Senator, 28th District 212 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kyle Cobb, who, on oath, deposes and says that he is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal Reporter which is the official organ of Pike County, on the following date: February 12, 1986. /s/ Kyle T. Cobb Senator, 28th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Susan Gordon Notary Public, Clayton County, Georgia. My Commission Expires Dec. 11, 1988. Approved March 18, 1986. Page 4086 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITYDOWNTOWN LAGRANGE DISTRICT; LIMITS. No. 926 (Senate Bill No. 593). AN ACT To amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended by an Act approved February 12, 1980 (Ga. L. 1980, p. 3034), an Act approved April 12, 1982 (Ga. L. 1982, p. 4251), an Act approved March 12, 1984 (Ga. L. 1984, p. 3919), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4090), so as to change the limits of the Downtown LaGrange District; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended by an Act approved February 12, 1980 (Ga. L. 1980, p. 3034), an Act approved April 12, 1982 (Ga. L. 1982, p. 4251), an Act approved March 12, 1984 (Ga. L. 1984, p. 3919), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4090), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. There is created within the City of LaGrange the Downtown LaGrange District which shall be composed of all that territory embraced within the following description: All that tract or parcel of land lying and being in the City of LaGrange, Georgia, and being more particularly described as follows: Beginning at the intersection of the centerline of North Greenwood Street and Smith Street and running thence in an easterly direction along the centerline of Smith Street to a point (said point being parallel to the southwest corner of the property known as 300 Smith Street and said southwest corner being S 87 51[prime] E, 233.91 feet from an iron pin found marking Page 4087 the intersection of the north margin of Smith Street with East margin of North Greenwood Street); from said point turn left and run to the southwest corner of said property; thence run N 00 18[prime] W, 136.61 feet to a point; thence turn right and run S 89 44[prime] E, 142.87 feet to a point; thence turn right and run S 18 44[prime] E to the centerline of Smith Street; thence turn left and run along the centerline of Smith Street to its intersection with the centerline of Morgan Street; running thence in a southerly direction along the centerline of Morgan Street to its intersection with a line formed by extending the southern margin of Greenville Street to its intersection with the centerline of Morgan Street; running thence north 87 19[prime] E for a distance of 22 feet to a nail found; running thence N 87 19[prime] E for a distance of 76.80 feet to a chiseled square in concrete pillar; running thence N 89 29[prime] E for a distance of 55 feet to an iron pin found; running thence N 89 13[prime] E for a distance of 5.10 feet to an iron pin found; running thence N 74 47[prime] E for a distance of 77.27 feet to an iron pin found; running thence N 76 34[prime] E for a distance of 50 feet to a point; running thence S 15 12[prime] E for a distance of 104.38 feet to a point; thence running S 78 37[prime] W for a distance of 50.05 feet to an iron pin found; thence running S 78 54[prime] W for a distance of 26.19 feet to an iron pin found; thence running S 01 52[prime] W for a distance of 91.84 feet to an iron pin found; thence running S 88 47[prime] W for a distance of 133.26 feet to an iron pin found; thence running S 88 37[prime] W for a distance of 76.93 feet to a nail found; running thence S 88 37[prime] W for a distance of 25 feet to the centerline of Morgan Street; running thence in a southerly direction along the centerline of Morgan Street to its intersection with the centerline of West Depot Street; running thence in a westerly direction along the centerline of West Depot Street to its intersection with the centerline of Main Street; from said intersection turn left and run in a southwesterly direction in a straight line to the intersection of the west right-of-way of Main Street with the south right-of-way of West Depot Street and from this intersection run southeasterly along the west right-of-way of Main Street 257.60 feet to an iron pin found; thence turn right and run S 57 53[prime] 55[Prime] W, 225.00 feet to an iron pin found; thence turn right and run N 32 10[prime] 05[Prime] W, Page 4088 199.32 feet to a concrete monument found; thence turn right and run N 00 06[prime] 55[Prime] W, 96.47 feet to an iron pin found; thence turn right and run S 89 33[prime] 30[Prime] W to the west property line of LaGrange Loan and Insurance Company, Inc.; thence turn left and run along the west property line of LaGrange Loan and Insurance Company, Inc. to the west right-of-way of West Depot Street and from said point run due north to the centerline of West Depot Street; thence turn left and run in a westerly direction along the centerline of West Depot Street to its intersection with the centerline of South Lewis Street; running thence in a northerly direction along the centerline of South Lewis Street to a point which is even with the southeast corner of the SJS Properties property, as shown in Plat Book 19 at page 103, Troup County, Georgia records; from said point turn left and run 28.18 feet to an iron pin set at the southeast corner of said SJS Properties property as shown on said plat; thence run S 89 42[prime] W a distance of 197.00 feet to an iron pin found; thence turn left and run S 00 12[prime] E a distance of 78 feet to a point; thence turn right and run parallel to the south side of Broome Street to a point on the west line of the Richard B. Ross property; thence turn right and run along the west line of the Richard B. Ross property to the centerline of Broome Street; running thence in a westerly direction along the centerline of Broome Street to its intersection with the centerline of South Greenwood Street; run thence south along the centerline of South Greenwood Street to a point (said point being parallel with the northeast corner of the property known as 306 South Greenwood Street; said northeast corner being N 01 06[prime] W, 210 feet from the intersection of the west right-of-way of South Greenwood Street with north right-of-way of Marguerite Street) and from said point turn right and run to the northeast corner of said property; from said northeast corner of said property run N 88 52[prime] W, 159.24 feet along the north line of said property to an iron pin set; thence turn right and run N 00 49[prime] W to the centerline of Broome Street; thence turn right and run along the centerline of Broome Street to its intersection with the centerline of South Greenwood Street; running thence in a northerly direction along the centerline of South Greenwood Street to a point which is even with the northwest corner of the property Page 4089 of Trinity Community Church as shown in Plat Book 19 at page 90, Troup County, Georgia records; from said point run east to the northwest corner of said Trinity Community Church property; thence run N 88 10[prime] 00[Prime] E a distance of 110.00 feet to an iron pin set; thence turn left and run N 05 27[prime] W a distance of 12.95 feet to an iron pin found; thence turn right and run N 87 35[prime] 10[Prime] E a distance of 46.35 feet to a point marked by an iron pin found; thence run N 87 51[prime] E a distance of 35.95 feet to a point marked by an iron pin found; thence run N 85 00[prime] E a distance of 25.47 feet to a point marked by an iron pin found; thence turn right and run S 00 30[prime] E a distance of 63.59 feet to a point marked by an iron pin found located on the north line of the property of Mallory Realty Company; thence turn left and run in an easterly direction along the north line of the property owned by Mallory Realty Company and Richard H. Mallory to the centerline of South Lewis Street; thence run in a northerly direction along the centerline of South Lewis Street to its intersection with the centerline of Vernon Street; running thence in a westerly direction along the centerline of Vernon Street to its intersection with the centerline of Greenwood Street (North Greenwood Street); running thence in a northerly direction along the centerline of North Greenwood Street to its intersection with the centerline of Smith Street, which is the Point of Beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY. Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Page 4090 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1984 session of the General Assembly of Georgia, a bill to amend the Act creating the Downtown LaGrange Development Authority, approved March 5, 1975, (Ga. Laws 1975, p. 2623), as amended by an Act approved February 12, 1980 (Ga. Laws 1980, p. 3034), an Act approved April 12, 1982 (Ga. Laws 1982, p. 4251), an Act approved March 12, 1984 (Ga. Laws 1984, p. 3919), and an Act approved March 27, 1985 (Ga. Laws 1985, p. 4090), so as to redefine the Downtown LaGrange District; and for other purposes. This 10th day of February, 1986. Nasor Mansour, Chairman Downtown LaGrange Development Authority East Depot Street LaGrange, GA 30240 has been published in said LaGrange Daily News, to wit: 2-13-1986, being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me, this 14th day of February, 1986. /s/ Thelma A. Ledford Notary Public, Troup County. Approved March 18, 1986. Page 4091 WILKES COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; COMPOSITION; REFERENDUM. No. 927 (Senate Bill No. 595). AN ACT To provide for the election of the members of the board of education of Wilkes County; to provide for education districts; to provide the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board; to provide for elections; to provide for filling vacancies; to provide for application of certain other laws; to specifically repeal certain laws relating to election districts; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The board of education of Wilkes County shall be composed of five members. For the purpose of electing members of the board of education, the Wilkes County School District shall be divided into four education districts described as follows: (1) Education District No. 1 District #1 shall consist of all of the area within the following boundaries: Beginning at the Taliaferro-Wilkes county line on Ga. Hwy. 44 and running East to County Road #70; thence running North on Co. Rd. #70 to County Road #194; thence running East on Co. Rd. #194 to Ga. Hwy. 44; thence running North East on Ga. Hwy. 44 to Ga. 10/US 78; thence running East on Ga. 10/US 78 to the East limit of the City of Washington; thence running South; West; South; West; South; West and North West along the City Limits of Washington to Ga. Hwy. 47; thence running South on Ga. Hwy. 47 to the Taliaferro-Wilkes county line; thence running along the Wilkes-Taliaferro county line West to point of beginning. (2) Education District No. 2 Page 4092 District #2 shall consist of all of the area within the following boundaries: Beginning at the Taliaferro-Wilkes county line on Ga. Hwy. 47 and running North to the City Limits of Washington; thence running South; East; North; East; North and East to Ga. Hwy. 10/US 78; thence running West on Ga. 10/US 78 to Ga. Hwy. 17/44; thence running North on Ga. Hwy. 17 to the City Limits of Tignall; thence running North and East along the City Limits of Tignall to County Road #148; thence running East on Co.Rd. #148 to County Road #143; thence running North on Co. Rd. #143 to Co. Rd. #132; thence running East on Co. Rd. #132 to Ga. Hwy. 44 in Danburg; thence running North East on Ga. Hwy. 44 to the Wilkes-Lincoln County line; thence running South along the Lincoln-Wilkes County Line to a mid-point in the Little River in Clarks Hill Lake; thence running West along the McDuffie; Warren; Taliaferro-Wilkes County Line to the point of beginning. (3) Education District No. 3 District #3 shall consist of all of the area within the following boundaries: Beginning at the Oglethorpe-Wilkes County Line on County Road #82 and running East and South on Co. Rd. #82 to Ga. Hwy. 10/US 78; thence running East on Ga. Hwy. 10/US78 to Ga. Hwy. 44; thence running South on Ga. Hwy. 44 (locally known as Whitehall Street) to County Road #194; thence running West on Co. Rd. #194 to County Road #70; thence running South on Co. Rd. #70 to Ga. Hwy. 44; thence running West on Ga. Hwy. 44 to the Taliaferro-Wilkes County Line; thence running North along the Taliaferro; Oglethorpe-Wilkes County Lines to the point of beginning. (4) Education District No. 4 District #4 shall consist of all of the area within the following boundaries: Beginning at the Oglethorpe-Wilkes County Line on County Road #82 and running North along the Oglethorpe; Elbert-Wilkes County Lines to Mid-Point of the Broad River at Anthony Shoals; thence running South along the Lincoln-Wilkes County Line to Ga. Hwy. 44; thence running South to County Road #132 in Danburg; thence running West on Co. Rd. #132 to County Road #143; thence running South on County Road #143 to County Road #148; thence running West on Co. Rd. #148 to the City Limits of Tignall; thence running Page 4093 South along the City Limits of Tignall to Ga. Hwy. 17; thence running South on Ga. Hwy. 17 to Ga. Hwy. 10/US 78 Business Route; thence running West on Ga. Hwy. 10/US 78 West to County Road #82; thence running North and West on Co. Rd. #82 to the point of beginning. Section 2. The board of education shall be composed of five members which shall include a chairman who shall be elected county-wide; one member from Education District No. 1; one member from Education District No. 2; one member from Education District No. 3; and one member from Education District No. 4. Except for the chairman who shall be elected county-wide, each member shall be voted on and elected only by the voters residing in the district in which such member seeks election. Any person, in order to be eligible for membership on the board to represent an education district must reside in the district which such person represents. When offering as a candidate for election to the board, a candidate must designate the district such candidate seeks to represent. Section 3. The first members of the board of education provided for in this Act shall be elected at the general election held in 1990. The members of the board in office on the effective date of this Act shall continue to serve until the expiration of the terms of office for which they were elected and until their successors are elected and qualified. Section 4. Members of the board of education shall serve for terms of office of four years beginning on the first day of January next following their election. Members shall be elected at the general election immediately preceding the expiration of their terms of office. All members shall serve until their successors are elected and qualified. Section 5. In the event of a vacancy occurring on the board more than two years before the expiration of the term of office, the remaining members of the board shall select a person who shall serve until the next general election, at which time a person shall be elected to serve the unexpired term. The person elected to serve the unexpired term must reside within the same district as the person originally elected to the board, and such person shall take office immediately after being elected and qualified. In the event of a vacancy occurring on the board less Page 4094 than two years before the expiration of the term of office, the remaining members of the board shall select a person who shall serve for the unexpired term. The person selected to serve the unexpired term must reside within the same district as the person originally elected to the board. In the event a person who represents an education district moves such person's residence from such district, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies. Section 6 . The board of education provided for by this Act shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof. Section 7 . An Act providing for election districts for the board of education of Wilkes County, approved February 20, 1985 (Ga. L. 1985, p. 3558), is repealed in its entirety. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Wilkes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Wilkes County for approval or rejection. The election superintendent shall conduct that election on the date of the 1986 general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wilkes County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a new board of education of Wilkes County and which provides for districts, elections, vacancies, and other matters relative thereto? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on July 1, 1987. If the Act is not so approved or if the election is not conducted as provided in this Page 4095 section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Wilkes County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of the State of Georgia a bill to provide for the election of the members of the Board of Education of Wilkes County; to provide for education districts; to provide for the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board; to provide for elections; to provide for filling vacancies; to provide for application of certain other laws; to specifically repeal certain laws relating to election districts; to provide for a referendum; to provide for an effective date to repeal conflicting laws; and for other purposes. This 18th day of February 1986. Signed/Sam P. McGill Senator, 24th District 2-20-1c Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sm P. McGill, who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter which is the official organ of Wilkes County, on the following date: February 20, 1986. /s/ Sam P. McGill Senator, 24th District Page 4096 Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 18, 1986. DECATUR COUNTY BOARD OF EDUCATION; COMPOSITION; ELECTIONS; DISTRICTS; SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 928 (Senate Bill No. 596). AN ACT To provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education districts; to provide for filling vacancies on the board; to provide for the appointment of the county school superintendent by the board; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal specific Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Board of Education of Decatur County sahll be composed of six members. After the transition period provided for in this Act, all members of the board shall be elected by the voters of the Decatur County School District as provided in this Act. Section 2. (a) For the purpose of electing the members of the board of education, the Decatur County School District shall be divided into six education districts as follows: Education District No. 1 shall consist of the following described area of the Decatur County School District: Page 4097 Bounded on the West by commencing at intersection of centerline of Willacoochee Creek and the Florida State boundary; thence Northwest along centerline of Willacoochee Creek to centerline of County Road 402; thence East along centerline of County Road 402 to centerline of County Road 139; thence North along centerline of County Road 139 to centerline of County Road 137; thence North along centerline of County Road 137 to centerline of County Road 96; thence West along centerline of County Road 96 to centerline of County Road 134; thence West along centerline of County Road 134 to centerline of State Route 97; thence West along centerline of Dry Creek to its intersection with centerline of the Flint River; thence North generally along the centerline of the Flint River to its intersection with the centerline of Four Mile Creek; thence East along the centerline of Four Mile Creek to the centerline of the Seaboard Coast Line Railroad; thence Southeast along the centerline of the Seaboard Coast Line Railroad to its intersection with the centerline of an East-West Seaboard Coast Line Railroad; thence Northeast along the centerline of the Seaboard Coast Line Railroad to the centerline of County Road 149; thence East along the centerline of County Road 149 to the centerline of County Road 104; thence Southeast along the centerline of County Road 104 to centerline of State Route 262; thence along centerline of State Route 262 to centerline of County Road 161; thence Southeast along the centerline of County Road 161 to its intersection with the Grady County boundary; thence South along the Grady County boundary to the Florida State boundary; thence West along the Florida State boundary to its intersection with the centerline of Willacoochee Creek and the point of beginning. Education District No. 2 shall consist of the following described area of the Decatur County School District: Bounded on the West by commencing at the intersection of the centerlines of North-South and East-West Seaboard Coast Line Railroads; thence Northwest along the centerline of the Seaboard Coast Line Railroad to its intersection with the southern corporate limits of the Page 4098 City of Bainbridge; thence East along the south corporate limits of the City of Bainbridge; thence North along the east corporate limits of the City of Bainbridge; thence West along the north corporate limits of the City of Bainbridge to its intersection with the general centerline of the Flint River; thence North along the general centerline of the Flint River to its intersection with the Mitchell County boundary; thence East along the Mitchell County boundary to its intersection with the Grady County boundary; thence South along the Grady County boundary to the centerline of County Road 161; thence Northwest along the centerline of County Road 161 to the centerline of State Route 262; thence Northwest along the centerline of State Route 262 to the centerline of County Road 104; thence Northwest along the centerline of County Road 104 to the centerline of County Road 149; thence West along the centerline of County Road 149 to the Seaboard Coast Line Railroad; thence Southwest along the centerline of the Seaboard Coast Line Railroad to its intersection with a North-South Seaboard Coast Line Railroad and the point of beginning. Education District No. 3 shall consist of the following described area of the Decatur County School District: Bounded on the West by commencing at the intersection of the centerlines of South West Street and the U. S. 27/84 Bypass; thence Northwest along the centerline of the U. S. 27/84 Bypass to its intersection with the centerline of Dothan Road; thence Southeast along the centerline of Dothan Road to its intersection with the centerline of the Flint River; thence Northeast along the general centerline of the Flint River to its intersection with the north corporate limit of the City of Bainbridge; thence East along the north corporate limit of the City of Bainbridge; thence South along the east corporate limit of the City of Bainbridge to its intersection with the centerline of Planter Street; thence West along the centerline of Planter Street to its intersection with the centerline of Wheat Street; thence South along the centerline of Wheat Street to its intersection along the centerline of Broughton Street; thence West along the centerline of Broughton Street to its intersection with the centerline Page 4099 of Simms Street; thence South along the centerline of Simms Street to its intersection with the centerline of Shotwell Street; thence West along the centerline of Shotwell Street to its intersection with the centerline of West Street; thence South along the centerline of West Street to its intersection with the centerline of the U. S. 27/84 Bypass and the point of beginning. Education District No. 4 shall consist of the following described area of the Decatur County School District: Bounded on the West by commencing at the intersection of the centerline of West Street and the south corporate limit of the City of Bainbridge; thence North along the centerline of West Street to its intersection with the centerline of Shotwell Street; thence East along the centerline of Shotwell Street to the centerline of Simms Street; thence North along the centerline of Simms Street to the centerline of Broughton Street; thence East along the centerline of Broughton Street to the centerline of Wheat Street; thence North along the centerline of Wheat Street to the centerline of Planter Street; thence East along the centerline of Planter Street to its intersection with the east corporate limit of the City of Bainbridge; thence generally South to the south corporate limit of the City of Bainbridge; thence West along the South corporate limit of the City of Bainbridge to its intersection with the centerline of West Street and the point of beginning. Education District No. 5 shall consist of the following described area of the Decatur County School District: Bounded on the West by commencing at the intersection of the boundaries of the State of Florida and the Counties of Decatur and Seminole; thence North along the Seminole County boundary to its intersection with the extension of the centerline of County Road 12; thence East along the centerline of County Road 12 to the centerline of State Route 310; thence North along the centerline of State Route 310 to the centerline of County Road 13; thence East along the centerline of County Road 13 to the centerline of County Road 21; thence North along Page 4100 the centerline of County Road 21 to the centerline of State Route 38; thence Southeast along the centerline of State Route 38 to the centerline of the U. S. 27/84 Bypass; thence Southeast along the centerline of the U. S. 27/84 Bypass to its intersection with the centerline of West Street; thence South along the centerline of West Street to the centerline of the Seaboard Coast Line Railroad; thence Southeast along the centerline of the Seaboard Coast Line Railroad to its intersection with the centerline of Four Mile Creek; thence generally West along the centerline of Four Mile Creek to its intersection with the centerline of the Flint River; thence generally South along the general centerline of the Flint River to its intersection with the centerline of Dry Creek; thence along the centerline of Dry Creek; crossing State Route 97 at its intersection with the centerline of County Road 134; thence East along the centerline of County Road 134 to the centerline of County Road 96; thence East along the centerline of County Road 96 to the centerline of County Road 137; thence South along the centerline of County Road 137 to the centerline of County Road 139; thence South along the centerline of County Road 139 to the centerline of County Road 402; thence Southwest along the centerline of County Road 402 to the centerline of Willacoochee Creek; thence South along the centerline of Willacoochee Creek to the Florida State boundary; thence West along the Florida State boundary to its intersection with the west boundary of Decatur County and the point of beginning. Education District No. 6 shall consist of the following described area of the Decatur County School District: Bounded on the West by commencing at the intersection of the extension of the centerline of County Road 12 and the Seminole County boundary; thence North and East along the Seminole County boundary to its intersection with the Miller County boundary; thence East and North along the boundaries of Miller and Baker Counties to its intersection with the centerline of the Flint River; thence generally South along the general centerline of the Flint River to its intersection with the centerline of Dothan Road/Calhoun Street; thence Northwest along Page 4101 the centerline of Dothan Road and State Route 38 to its intersection with the centerline of County Road 21; thence South along the centerline of County Road 21 to the centerline of County Road 13; thence West along the centerline of County Road 13 to the centerline of State Route 310; thence South along the centerline of State Route 310 to the centerline of County Road 12; thence West along the centerline of County Road 12, and an extension thereof, to the Seminole County boundary and the point of beginning. (b) In the event any portion of the Decatur County School District is not included in any of the education districts described in subsection (a) of this section, then such portion shall be a part of that education district contiguous to such portion having the least population according to the United States decennial census of 1980. Section 3. (a) Each member of the board of education shall be a resident of the education district from which elected during a term of office and shall have been a resident of the area comprising such district for at least one year prior to the date of taking office. If a member moves his or her place of residence from the education district from which elected, such member's position on the board shall thereby become vacant. (b) Each person offering for election to the board shall designate the education district for which the person is offering. Each member of the board shall be elected by a majority of the voters voting within the respective education district. Except for the special election held on the same date as the 1986 general election provided for in Section 4 of this Act, all members of the board shall be nominated and elected in accordance with the provisions of O.C.G.A. Chapter 2 of Title 21, known as the Georgia Election Code. Section 4. The first members of the board elected from education districts 2, 4, and 6 shall be elected at a special election which shall be held on the same date as the general election of 1986. Such special election shall be held and conducted in accordance with the applicable provisions of O.C.G.A. Chapter 2 of Title 21, known as the Georgia Election Code. The members elected at such special election shall take office on the first day of January, 1987, for terms of four years and until Page 4102 their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 5. (a) As used in this section and in Sections 6 and 7 of this Act, the term grand jury appointed board means the heretofore existing Board of Education of Decatur County appointed by the Decatur County grand jury pursuant to an Act approved March 30, 1971 (Ga. L. 1971, p. 2649), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3272). (b) (1) The first member elected from Education District 2 under Section 4 of this Act shall be the successor to the grand jury appointed board member who resides within Education District 2 and who was appointed by the grand jury for a new term beginning on May 1, 1986, and scheduled to expire on April 30, 1991; and, notwithstanding such appointment, the position on the board of such grand jury appointed member shall stand abolished on December 31, 1986. (2) The first member elected from Education District 4 under Section 4 of this Act shall be the successor to the grand jury appointed board member who resides within Education District 4 and who was appointed by the grand jury for a term scheduled to expire on April 30, 1989; and, notwithstanding such appointment, the position on the board of such grand jury appointed member shall stand abolished on December 31, 1986. (3) The first member elected from Education District 6 under Section 4 of this Act shall be the successor to the grand jury appointed board member who resides within Education District 6 and who was appointed by the grand jury for a term scheduled to expire on April 30, 1988; and, not-withstanding such appointment, the position on the board of such grand jury appointed member shall stand abolished on December 31, 1986. (c) The office of the grand jury appointed board member who resides within Education District 2 and who was appointed Page 4103 by the grand jury for a term scheduled to expire on April 30, 1987, shall stand abolished on December 31, 1986. (d) For the period beginning on January 1, 1987, and ending on December 31, 1988, the Board of Education of Decatur County shall be composed of the three members elected from Education Districts 2, 4, and 6 under Section 4 of this Act and the three members of the grand jury appointed board whose positions on the board are not abolished until December 31, 1988, as provided in Section 6 of this Act. Section 6. (a) The first members of the board elected from Education Districts 1, 3, and 5 shall be elected at the general election of 1988 and shall take office on the first day of January, 1989, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (b) (1) The first member elected from Education District 1 under subsection (a) of this section shall be the successor to the grand jury appointed board member who resides within Education District 1 and who was appointed by the grand jury for a new term beginning on May 1, 1986, and scheduled to expire on April 30, 1991; and, notwithstanding such appointment, the position on the board of such grand jury appointed member shall stand abolished on December 31, 1988. (2) The first member elected from Education District 3 under subsection (a) of this section shall be the successor to the grand jury appointed board member who resides within Education District 3 and who was appointed by the grand jury for a term scheduled to expire on April 30, 1990; and, notwithstanding such appointment, the position on the board of such grand jury appointed member shall stand abolished on December 31, 1988. (3) The first member elected from Education District 5 under subsection (a) of this section shall be the successor to the grand jury appointed board member who resides Page 4104 within Education District 5 and who was appointed by the grand jury for a term scheduled to expire on April 30, 1990; and, notwithstanding such appointment, the position on the board of such grand jury appointed member shall stand abolished on December 31, 1988. (c) On and after January 1, 1989, the Board of Education of Decatur County shall consist of the six members elected from education districts as provided in this Act and the grand jury appointed board shall stand abolished in its entirety on December 31, 1988. Section 7. In the event a vacancy occurs for any reason in the elected membership of the board of education, the vacancy shall be filled in the manner provided by O.C.G.A. Section 20-2-54.1 for filling vacancies on elected county boards of education. In the event a vacancy occurs for any reason on the membership of the grand jury appointed board prior to the abolishment of grand jury appointed positions on the board as provided in this Act, such vacancy shall be filled until the position is abolished in the manner provided by O.C.G.A. Section 20-2-54.1 for filling vacancies on grand jury appointed boards of education. Section 8. The Board of Education of Decatur County provided for in this Act shall have the powers and duties of a county board of education as provided by the Constitution and the general laws of this state. Section 9. Beginning with the successor to the elected school superintendent of Decatur County whose term of office expires on December 31, 1988, the county school superintendent shall be appointed by the Board of Education of Decatur County. No election shall be held after 1988 for the election of a county school superintendent for the Decatur County School District. In the event a vacancy occurs for any reason in the office of the elected county school superintendent at any time after January 1, 1989, such vacancy shall be filled by appointment of the board of education as provided in this section. The term of office of each county school superintendent appointed by the board of education shall be as contractually agreed upon by the board and the superintendent, except that such term may not exceed four years. Any county school superintendent shall be eligible for reappointment by the board, but the renewal of a contract Page 4105 or the granting of a new contract to a person holding office as superintendent shall be at the sole discretion of the board of education. Each contract with a superintendent shall provide that the board of education may suspend or remove the superintendent from office during the term of a contract for the reasons and pursuant to the procedures provided by general laws for the suspension or removal from office of county school superintendents during terms of office. Section 10. Unless prohibited by the federal Voting Rights Act of 1965, the election superintendent of Decatur County shall call and conduct an election for the purpose of submitting this Act to the electors of the Decatur County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general primary election of 1986 and shall issue the call therefor at least 30 but not more than 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Decatur County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing for a Board of Education of Decatur County of six members elected from six education districts within the county school district and providing for the appointment of the School Superintendent of Decatur County by said board of education be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Decatur County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Page 4106 Section 11. If this Act is approved at the referendum provided for in Section 10 of this Act, then the Act providing for the membership of the Board of Education of Decatur County approved March 30, 1971 (Ga. L. 1971, p. 2649), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3272) shall stand repealed in its entirety on December 31, 1988. Section 12. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is given that there will be introduced at the 1986 regular session of the Georgia General Assembly a bill to provide for an Elective Board of Education of Decatur County and to provide for the appointment of the county school superintendent by said elective board; to provide for other matters related thereto; to provide for a referendum; and for other purposes. FEB. 22, 1986 SBOE0222 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Trulock, who, on oath, deposes and says that he is Senator from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the..... which is the official organ of Decatur County, on the following date: February 22, 1986. /s/ Paul Trulock Senator, 10th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 4107 DEKALB COUNTY GOVERNING AUTHORITY; POWERS AND DUTIES; APPLICABILITY OF LAWS; REFERENDUM. No. 929 (Senate Bill No. 599). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to provide for the application of certain laws of this state to the government of DeKalb County; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by striking paragraphs (16) and (17) of subsection (a) of Section 9 of said amendatory Act approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, in their entirety and substituting in lieu thereof new paragraphs (16) and (17) to read as follows: (16) Except as modified by the powers vested in the Chief Executive by other provisions of this Act, to exercise the power and authority vested by law in the judge of the probate court when sitting for county purposes. (17) Except as modified by the powers vested in the Chief Executive by other provisions of this Act, to exercise the powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state. Page 4108 Section 2. Said amendatory Act is further amended by striking subsection (d) of Section 13 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Subject to budgetary limitations and DeKalb County Merit System regulations, the Chief Executive shall have exclusive authority to appoint, remove, and fix the compensation of all employees and officials of the county, except employees of the Commission, and except that deputies and employees of the elected county officers of DeKalb County shall be subject to appointment, removal, supervision, and control of the respective elective county officers. The compensation of persons filling offices and positions created by state statutes shall be fixed by the Chief Executive within budgetary limitations when such state statutes authorize or require such compensation to be fixed by county governments or by county governing authorities. Section 3. Said amendatory Act is further amended by adding between Sections 13 and 14 a new Section 13A to read as follows: Section 13A. (a) (1) Whenever any other law of this state authorizes or requires a county governing authority, including any such law which refers to a local governing body with the intention of including a county governing authority, to appoint or elect a person to fill a post or vacancy in any public office or as a member of any public authority, board, commission, or other body or agency, such post or vacancy shall be filled as follows: (A) The Chief Executive shall nominate a person by sending a written notice to the Commission, and such notice shall specify the post or vacancy to be filled, the date such post or vacancy is to be filled, the qualifications, if any, which must be possessed by a person filling the post or vacancy, and the name of the person nominated by the Chief Executive; (B) Within 20 days after the date the notice described in subparagraph (A) of this subsection is received, the Commission, either at a regular or called meeting, shall confirm or reject the nominee of the Chief Executive; Page 4109 (C) If the first nominee of the Chief Executive is rejected by the Commission, the Chief Executive shall make a second nomination in writing to the Commission within ten days after the date of such rejection; (D) Within 15 days after the date the second nomination of the Chief Executive is received, the Commission, either at a regular or called meeting, shall confirm or reject the second nominee of the Chief Executive; and (E) If the second nominee of the Chief Executive is rejected by the Commission, the Commission shall, within 15 days after the date of such rejection, either at a regular or called meeting, elect a qualified person to fill the post or vacancy without the necessity of a nomination by the Chief Executive. (2) When the need to fill a post or vacancy is known by the Chief Executive at least 60 days in advance of the date on which the post or vacancy should be filled, the Chief Executive shall initiate the procedures provided by paragraph (1) of this subsection far enough in advance to permit such post or vacancy to be filled at the proper time. In all other cases, the Chief Executive shall initiate such procedures as soon as practicable after learning of the need to fill the post or vacancy. (b) When a law described in subsection (a) of this Section authorizes a person elected or appointed to fill a post or vacancy to be removed from office by a county governing authority, such power of removal may be exercised by the affirmative vote of at least four members of the Commission, exclusive of the Presiding Officer, or by the affirmative vote of three members of the Commission and the Presiding Officer. Such power of removal may be exercised by the Commission without the concurrence of the Chief Executive, but the Chief Executive may recommend such removal to the Commission. (c) Whenever any other law of this state authorizes or requires the chairman of the board of commissioners of a county or the elected chief executive officer of a county, by Page 4110 whatever name designated, to hold another office or to serve as a member of any public authority, board, commission, or other body or agency, such law shall be construed to grant such authority or apply such requirement to the Chief Executive. (d) Whenever any other law of this state refers, for purposes other than those described in subsection (c) of this Section, to the chairman of the board of commissioners of a county or to the elected chief executive officer of a county, by whatever name designated, such law shall be construed to refer to the Chief Executive. Section 4. Said amendatory Act is further amended by striking paragraph (1) of subsection (a) of Section 23 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Sections 1, 3, 5, 11, 13, 13A, 14, 15, 16, and 23 of this Act and subsections (a) and (c) of Section 2 of this Act and subsection (a) of Section 9 of this Act may be amended only by Acts of the General Assembly, and any such Act shall be conditioned for its effectiveness on the approval of a majority of the qualified electors of DeKalb County voting at an election held for such purpose. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the general primary election of 1986 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the respective powers and duties of the Chief Executive and Board of Commissioners of DeKalb County relative to other laws of the State of Georgia be approved? Page 4111 All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga.L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga.L. 1981, p. 4304);an Act approved March 29, 1983 (Ga.L. 1983,p. 4547), and for other purposes. This 11th day of February 1986. Pierre Howard, Senator 42nd District 16-3816,213 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb NewsEra, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-GA L. 1956, p. 3237 others a true copy of which is hereto annexed, Page 4112 was published in said newspaper in its issue of the 13th day of February, 1986. /s/ Gerald W. Crane, Co-Publisher /s/ Linda L. Orr, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 13th day of February, 1986. /s/ B. Lynn Crane Notary Public. My commission expires Dec. 4, 1989. (SEAL). Approved March 18, 1986. COBB COUNTY TAX COMMISSIONER; COMPENSATION OF THE CHIEF CLERK. No. 930 (Senate Bill No. 602). AN ACT To amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner Page 4113 of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3634), so as to change the compensation of the chief clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3634), is amended by striking from Section 3 the following: The tax commissioner shall be allowed one chief clerk whose annual salary shall be $31,535.00, to be paid in equal monthly installments from the funds in the county treasury., and inserting in its place the following: The tax commissioner shall be allowed one chief clerk whose annual salary shall be $36,738.00, to be paid in equal monthly installments from the funds of the county treasury. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-815 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner, approved February 17, 1949 (Ga. L. 1949 p. 790) as amended: and for other purposes. Page 4114 This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thomson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 27th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (Seal). Approved March 18, 1986. Page 4115 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY TRANSIT OPERATING REVENUE; INCOME FROM LEASES. No. 968 (Senate Bill No. 494). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to include income from leases of real property as part of transit operating revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking paragraph (4) of subsection (h) of Section 9 thereof and inserting in lieu thereof a new paragraph (4) to read as follows: (4) For purposes of this subsection (h), `transit operating revenue' means all fees, user charges, contract payments, or other monies or income received or derived by the Authority from the operation of a transportation system, as defined in Section 2(g) of this Act, or from leases of Authority owned real property, but shall not mean any funds derived from the sales and use tax authorized in Section 25 of this Act, nor any funds provided by the federal government under the Urban Mass Transportation Act of 1964 (P. L. 88-365), as amended, nor any other such revenue not clearly received or derived from the operation of the transportation system or from leases of Authority owned real property; and `operating costs' means `operating costs of the system,' as defined in Section 25(i) of this Act, and exclusive of depreciation and amortization. Page 4116 Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. John W. Greer, Chairman Martoc Representative 39th District Dec 16, 1985Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: December 16, 1985. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Page 4117 LOCAL LEGISLATION L-484 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. /s/ John W. Greer JOHN W. GREER John W. Greer, Chairman Martoc Representative, 39th District 12:20,27 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 20, 1985. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Page 4118 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting Laws; and for other purposes. This 9th day of December, 1985. /s/ John W. Greer John W. Greer, Chairman Martoc Representative, 39th District Dec. 20-1tc G 4657 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: December 20, 1985. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill Page 4119 to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended: to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. John W. Greer, Chairman Martoc Representative, 39th District 16-2517,12/19 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: December 19, 1985. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 9th day of December, 1985. Page 4120 /s/ John W. Greer, Chairman Martoc Representative, 39th District 12-17-85 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: December 17, 1985. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. TALBOT COUNTY DEPUTY SHERIFFS. No. 970 (House Bill No. 1502). AN ACT To amend an Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. L. 1965, p. Page 4121 2869), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3423), so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3423), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. In addition to the salary provided for the sheriff in Section 1, the governing authority of Talbot County shall pay all costs of feeding prisoners in the county jail; salaries of deputies; expenses of providing, operating, and maintaining automobiles and all other equipment, material, supplies, and items of whatever kind or nature necessary to conduct, administer, and operate the office of sheriff and jailer of Talbot County. The sheriff is authorized to employ two full-time deputies and one part-time deputy. The sheriff may also employ additional full-time deputies and part-time deputies with the prior consent of the governing authority of Talbot County. The sheriff shall select and appoint all deputies and fix their individual compensation within the limits provided in this section. The sheriff shall fix the compensation of each full-time deputy at a rate of not less than $600.00 per month and not more than $1,500.00 per month and shall fix the compensation of each part-time deputy at a rate not to exceed $1,500.00 per month and commensurate with the time such part-time deputy devotes to duties as deputy. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4122 NE-3 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA COUNTY OF TALBOT Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended; and for other purposes. This 20th day of January, 1986. Claude A. Bray, Jr. State Representative, 91st District (1:22) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr., who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following date: January 23, 1986. /s/ Claude A. Bray, Jr. Representative, 91st District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4123 OCONEE COUNTY PUBLIC UTILITY AUTHORITY NAME CHANGED; MEMBERS; COMPENSATION; LIABILITY. No. 971 (House Bill No. 1512). AN ACT To amend an Act known as the Oconee County Public Utility Authority Act, approved March 18, 1980 (Ga. L. 1980, p. 3429), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4568), so as to change the name of the Oconee County Public Utility Authority to the Oconee Utility Authority; to change the short title of said Act to reflect the change in the name of the Authority; to change the method of selecting future members of the Authority; to provide for the current members of the Authority to serve out the terms for which they were selected; to provide for compensation of members of the Authority; to provide for removal of members; to provide that with certain exceptions neither the City of Watkinsville nor Oconee County shall be liable for any cause of action arising against the Authority, whether in contract, in tort, or of any other nature; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Oconee County Public Utility Authority Act, approved March 18, 1980 (Ga. L. 1980, p. 3429), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4568), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. Short Title. This Act shall be known and may be cited as the `Oconee Utility Authority Act.' Section 2 . Said Act is further amended by striking Section 2 and inserting in its place a new section to read as follows: Section 2. Oconee Utility Authority. (a) There is created a body corporate and politic, to be known as the Oconee Utility Authority, which shall be deemed to be a Page 4124 political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Oconee Utility Authority shall be a continuation of and successor to, and shall succeed to all rights and obligations of, the Oconee County Public Utility Authority. (b) The Authority shall consist of five members. The five members of the Oconee County Public Utility Authority in office immediately prior to the effective date of this section shall continue to serve as members of the Authority for the terms for which they were selected and until their successors are selected and qualified. Such members shall be designated as serving in Posts 1 through 5, according to the date of expiration of the terms of office for which they were appointed, as follows: (1) Post 1, expiring April 1, 1986; (2) Post 2, expiring April 1, 1987; (3) Post 3, expiring April 1, 1988; (4) Post 4, expiring April 1, 1989; and (5) Post 5, expiring April 1, 1990. (c) Successors to the members provided for in subsection (b) of this section shall be selected and shall serve as follows: (1) The member to serve in Post 1 shall be the mayor or another member of the city council of the City of Watkinsville who shall be selected by and serve at the pleasure of the city council; and on and after April 1, 1986, no person who is not the mayor or a council member shall be eligible to serve in Post 1. (2) The member to serve in Post 2 shall be the chairman or another member of the board of commissioners of Oconee County who shall be selected by and serve at the pleasure of the board of commissioners; and on Page 4125 and after April 1, 1987, no person who is not the chairman or a commission member shall be eligible to serve in Post 2. (3) The member to serve in Post 3 shall be appointed by the city council of the City of Watkinsville. This member shall serve for a term of three years beginning April 1, 1988, and triennially thereafter. (4) The member to serve in Post 4 shall be appointed by the board of commissioners of Oconee County. This member shall serve for a term of three years beginning April 1, 1989, and triennially thereafter. (5) The member to serve in Post 5 shall be appointed by the board of commissioners of Oconee County. This member shall serve for a term of three years beginning April 1, 1990, and triennially thereafter. The members to serve in Posts 1 and 3 shall be users of a utility system managed by the Authority. It is the intent of this Act that, whenever possible, at least two of the three members serving in Posts 2, 4, and 5 shall be users of a utility system managed by the Authority. Whenever the total number of users in Posts 2, 4, and 5 becomes less than two through vacancy or expiration of a term of office, it shall be required that, at the next time for appointing a member to either Post 4 or Post 5, the member so appointed must be a user of a utility system managed by the Authority. Any member of the Authority, after notice and opportunity for hearing may be removed from the Authority by the body which appointed the member to the Authority. Each member of the Authority shall be a resident of Oconee County; and if any member removes his residence from Oconee County then that member's office shall be vacated by operation of law. (d) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. (e) Each member of the Authority shall receive a salary of $50.00 per month for each month during which he or Page 4126 she attends a meeting of the Authority; and all members shall be entitled to be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The amount of the monthly salary may be changed when jointly agreed upon between the board of commissioners of Oconee County, the city council of the City of Watkinsville, and the Oconee Utility Authority. A recommendation for a salary change may be initiated by any one of the three bodies, but approval by both of the other bodies shall be required for such a proposal to become effective. (f) The members of the Authority shall annually elect a chairman and a vice-chairman of the Authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the Authority. The Authority shall make rules and regulations for its own government. (g) The Authority shall have perpetual existence. (h) Except with respect to any liability on written contracts or agreements entered into by them, neither the City of Watkinsville nor Oconee County shall have any liability for any cause of action of any nature arising against the Authority, whether in tort, in contract, or of any other nature. Section 3. Said Act is further amended by striking Section 3 and inserting in its place a new section to read as follows: Section 3. Any vacancy in any post of the Authority shall be filled for the remainder of the unexpired term by an appointment by the appointing authority for that post as set forth in subsection (c) of Section 2 of this Act. Section 4. Said Act is further amended by striking paragraph (a) of Section 5 and inserting in its place a new paragraph to read as follows: (a) The word `Authority' shall mean the Oconee Utility Authority created by Section 2 of this Act. Section 5. Said Act is further amended by striking the words Oconee County Water Sewerage and Garbage Authority Page 4127 at the end of Section 26 and inserting in their place the words the Authority. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act known as the Oconee County Public Utility Authority Act, approved March 18, 1980 (Ga. L. 1980, p. 3429), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4568), so as to change the name of the Oconee County Public Utility Authority to the Oconee Utility Authority; to change the short title of said Act to reflect the change in the name of the Authority; to change the method of selecting future members of the Authority; to provide for the current members of the Authority to serve out the terms for which they were selected; to provide for compensation of members of the Authority; to provide that the City of Watkinsville and Oconee County shall not be liable for any cause of action arising against the Authority, whether in contract, in tort, or of any other nature; and for other purposes. This 6th day of January, 1986. Choyce A. Johnson Chairman, Oconee County Board of Commissioners PN: 1/9 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following date: January 9, 1986. /s/ Frank E. Stancil Representative, 66th District Page 4128 Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CITY OF ST. MARYS CORPORATE LIMITS. No. 972 (House Bill No. 1513). AN ACT To amend an Act providing a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), is amended by adding between Sections 1-105 and 1-106 a new Section 1-105.1 to read as follows: Section 1-105.1. The corporate limits of the City of St. Marys shall include the territory described as follows: `TRACT 1 A PORTION OF THAT CERTAIN 100-FOOT WIDE PARCEL OF LAND KNOWN AS GEORGIA HIGHWAY Page 4129 40 SPUR, LYING AND BEING IN THE 29th DISTRICT, G.M., CAMDEN COUNTY, GEORGIA: SAID PARCEL LYING 50.00 FEET (AS MEASURED AT RIGHT ANGLES) EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: FOR A POINT OF BEGINNING COMMENCE AT A FOUND RAILROAD SPIKE AT THE CENTERLINE INTERSECTION OF SAID GEORGIA HIGHWAY 40 SPUR AND COLERAIN TO ST. MARYS ROAD (ALSO KNOWN AS OLD JEFFERSON ROAD). FROM THE POINT OF BEGINNING THUS DESCRIBED; RUN THENCE NORTH 01-12[prime]-42[Prime] WEST ALONG THE CENTERLINE OF SAID GEORGIA HIGHWAY 40 SPUR, A DISTANCE OF 9070.35 FEET TO A FOUND NAIL AT THE CENTERLINE INTERSECTION OF SAID GEORGIA HIGHWAY 40 SPUR AND KINGSBAY ROAD. CONTINUE THENCE NORTH 01-12[prime]-42[Prime] WEST ALONG THE CENTERLINE OF SAID GEORGIA HIGHWAY 40 SPUR, A DISTANCE OF 1700.17 FEET TO A POINT OF CURVATURE OF A CURVE, SAID CURVE BEING CONCAVE TO THE EAST AND HAVING A RADIUS OF 5729.58 FEET; CONTINUE ALONG THE ARC OF SAID CURVED CENTERLINE A CHORD BEARING OF NORTH 7-53[prime]-28[Prime] EAST, A DISTANCE OF 1812.91 FEET TO THE POINT OF TANGENCY OF SAID CURVE; RUN THENCE NORTH 16-59[prime]-38[Prime] EAST ALONG THE CENTERLINE OF SAID GEORGIA HIGHWAY 40 SPUR, A DISTANCE OF 1872.17 FEET TO A FOUND NAIL AT THE CENTERLINE INTERSECTION OF SAID GEORGIA HIGHWAY 40 AND COUNTY ROAD NUMBER 78 (A PROPOSED 80-FOOT RIGHT-OF-WAY); CONTINUE THENCE NORTH 16-59[prime]-38[Prime] EAST, A DISTANCE OF 3340.00 FEET TO A POINT OPPOSITE THE NORTHEAST CORNER OF THE LANDS OF MORTON HOME AND LAND DEVELOPMENT COMPANY AS DESCRIBED IN DEED BOOK 185, PAGES 286 THROUGH 289, SAID POINT BEING THE TERMINUS POINT OF CENTERLINE DESCRIBED HEREIN. Page 4130 TRACT 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN THE 29th DISTRICT, G.M., CAMDEN COUNTY, GEORGIA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A POINT 0.2 OF A MILE, MORE OR LESS, NORTHERLY OF KINGS BAY ROAD WHERE THE CENTERLINE OF THAT CERTAIN RAILROAD INTO U. S. NAVAL SUBMARINE SUPPORT BASE, KINGS BAY INTERSECTS THE CENTERLINE OF GEORGIA STATE HIGHWAY SPUR 40 AND RUN NORTH 1-13[prime]-17[Prime] WEST ALONG THE CENTERLINE OF GEORGIA STATE HIGHWAY SPUR 40 (A 100-FOOT RIGHT-OF-WAY) AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 1433.38 FEET TO AN IRON FOUND AT THE CENTERLINE POINT OF INTERSECTION; RUN THENCE NORTH 16-59[prime]-38[Prime] EAST TO AND ALONG SAID CENTERLINE, A DISTANCE OF 2790.18 FEET TO A NAIL SET AT THE CENTERLINE INTERSECTION OF SAID GEORGIA STATE HIGHWAY SPUR 40 WITH COUNTY ROAD NO. 78 (A PROPOSED 80-FOOT RIGHT-OF-WAY); RUN THENCE NORTH 73-00[prime]-22[Prime] WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD NO. 78, A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GEORGIA STATE HIGHWAY SPUR 40; RUN THENCE NORTH 16-59[prime]-38[Prime] EAST ALONG LAST MENTIONED WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 40.00 FEET TO A CONCRETE MONUMENT SET AT THE POINT WHERE SAID WESTERLY RIGHT-OF-WAY LINE INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 78 FOR THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING THUS DESCRIBED RUN NORTH 16-59[prime]-38[Prime] EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 3300.00 FEET TO A CONCRETE MONUMENT SET AT A POINT HEREAFTER Page 4131 CALLED POINT A; RETURNING TO SAID POINT OF BEGINNING RUN THENCE IN A WESTERLY DIRECTION ALONG THE ARC OF A CURVE IN THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 78, SAID CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1443.96 FEET, A CHORD DISTANCE OF 229.59 FEET TO A CONCRETE MONUMENT SET AT THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF THE AFOREMENTIONED CHORD BEING NORTH 77-33[prime]-58[Prime] WEST; RUN THENCE NORTH 82-07[prime]-33[Prime] WEST CONTINUING ALONG LAST MENTIONED NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1689.53 FEET TO A CONCRETE MONUMENT SET AT THE POINT OF CURVATURE OF A SECOND CURVE IN SAID COUNTY ROAD NO. 78; THENCE CONTINUE IN A WESTERLY DIRECTION ALONG THE ARC OF A CURVE IN SAID NORTHERLY RIGHT-OF-WAY LINE, SAID CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 854.04 FEET, A CHORD DISTANCE OF 407.53 FEET TO A CONCRETE MONUMENT SET AT THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF THE AFOREMENTIONED CHORD BEING SOUTH 84-04[prime]-14[Prime] WEST; RUN THENCE SOUTH 70-16[prime]-02[Prime] WEST CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1452.11 FEET TO A CONCRETE MONUMENT SET AT THE POINT OF CURVATURE OF A THIRD CURVE IN SAID COUNTY ROAD NO. 78; THENCE CONTINUE IN A WESTERLY DIRECTION ALONG THE ARC OF A CURVE IN SAID NORTHERLY RIGHT-OF-WAY LINE, SAID CURVE BEING CONCAVE TO THE NORTH AND HAVING A RADIUS OF 859.05 FEET, A CHORD DISTANCE OF 130.68 FEET TO A CONCRETE MONUMENT (SET), THE BEARING OF THE AFOREMENTIONED CHORD BEING SOUTH 74-37[prime]-46[Prime] WEST; RUN THENCE NORTH 28-44[prime]-08[Prime] WEST, A DISTANCE OF 1560.00 FEET TO A CONCRETE MONUMENT (SET); RUN THENCE NORTH 56-30[prime]-15[Prime] EAST, A DISTANCE OF 1293.45 FEET TO A CONCRETE MONUMENT Page 4132 (SET); THENCE CONTINUE NORTH 56-30[prime]-15[Prime] EAST, A DISTANCE OF 27 FEET, MORE OR LESS TO THE EDGE OF MARSH; RUN THENCE IN A SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY DIRECTION ALONG THE MEANDERINGS OF SAID MARSH, A DISTANCE OF 4800 FEET, MORE OR LESS TO A POINT THAT BEARS NORTH 73-00[prime]-22[Prime] WEST, 1350 FEET, MORE OR LESS FROM POINT A, AFOREMENTIONED; RUN THENCE SOUTH 73-00[prime]-22[Prime] EAST, A DISTANCE OF 47 FEET MORE OR LESS TO A CONCRETE MONUMENT (SET); THENCE CONTINUE SOUTH 73-00[prime]-22[Prime] EAST, A DISTANCE OF 1302.81 FEET TO SAID POINT A; RUN THENCE SOUTH 16-59[prime]-38[Prime] WEST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID GEORGIA STATE HIGHWAY SPUR 40, A DISTANCE OF 3300.00 FEET TO THE POINT OF BEGINNING. THE LAND THUS DESCRIBED CONTAINS 260.6 ACRES, MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS OR RESTRICTIONS OF RECORD. TRACT 3 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING WITHIN THE VARYING RIGHT-OF-WAY OF GEORGIA HIGHWAY NO. 40 (GENERALLY A 100-FOOT RIGHT-OF-WAY ACCORDING TO DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS PROJECT NUMBER S-0618 (6)) AND THE VARYING RIGHT-OF-WAY OF ST. MARYS ROAD EXTENSION (GENERALLY A 175 FOOT RIGHT-OF-WAY ACCORDING TO DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS PROJECT NUMBER N-AD-20-1 (11)), 29TH DISTRICT, G.M., CAMDEN COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING SURVEY LINE: FOR THE POINT OF BEGINNING COMMENCE AT THE POINT WHERE THE CENTERLINE OF GEORGIA HIGHWAY 40 SPUR (A 100 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED) INTERSECTS Page 4133 THE CENTERLINE OF GEORGIA HIGHWAY NO. 40 (GENERALLY A 100 FOOT RIGHT-OF-WAY) AND RUN NORTH 64-06[prime]-11[Prime] WEST ALONG THE CENTERLINE OF SAID GEORGIA HIGHWAY NO. 40, A DISTANCE OF 1220.87 FEET TO A POINT OF CURVATURE; RUN THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1909.86 FEET, A CHORD DISTANCE OF 1004.71 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF THE AFOREMENTIONED CHORD BEING NORTH 79-21[prime]-11[Prime] WEST; RUN THENCE SOUTH 85-23[prime]-49[Prime] WEST, A DISTANCE OF 968.29 FEET TO A POINT OF CURVATURE; RUN THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF A SECOND CURVE, SAID SECOND CURVE BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1909.86 FEET, A CHORD DISTANCE OF 1044.84 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF THE AFOREMENTIONED CHORD BEING NORTH 73-43[prime]-41[Prime] WEST; RUN THENCE NORTH 62-51[prime]-11[Prime] WEST, A DISTANCE OF 5643.03 FEET TO A NAIL AND CAP FOUND AT THE POINT WHERE THE CENTERLINE OF SAID GEORGIA HIGHWAY NO. 40 INTERSECTS THE CENTERLINE OF SAID ST. MARYS ROAD EXTENSION; RUN THENCE SOUTH 32-23[prime]-49[Prime] WEST ALONG THE CENTERLINE OF SAID ST. MARYS ROAD EXTENSION, A DISTANCE OF 1129.12 FEET TO A POINT OF CURVATURE; RUN THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF A CURVE, SAID CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1877.87 FEET, A CHORD DISTANCE OF 1207.66 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THE BEARING OF THE AFOREMENTIONED CHORD BEING SOUTH 51-09[prime]-13[Prime] WEST; RUN THENCE SOUTH 69-54[prime]-37[Prime] WEST CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1349.43 FEET TO THE POINT OF CURVATURE OF A SECOND CURVE; RUN Page 4134 THENCE IN A NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID SECOND CURVE, SAID CURVE BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1877.87 FEET, A CHORD DISTANCE OF 146.27 FEET TO AN ANGLE POINT, THE BEARING OF THE AFOREMENTIONED CHORD BEING SOUTH 72-08[prime]-32[Prime] WEST; RUN THENCE SOUTH 15-37[prime]-33[Prime] EAST, A DISTANCE OF 82.03 FEET TO THE TERMINIUS POINT OF SAID SURVEY LINE DESCRIBED HEREIN; SAID POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ST. MARYS ROAD EXTENSION. TRACT 4 All of that tract or parcel of land lying and being in the 29th G. M. District, Camden County, Georgia belonging to Bertram C. Rhyne, Jr. and being more fully described as follows, to wit: Point-of-commencement is the north end of the southwest wall of the bridge over Dark Entry Creek; and from said point-of-commencement proceed S 39 degrees 31 minutes 40 seconds West for a distance of 23.35 feet to a 1/2 inch rebar set on the south right-of-way of Georgia Highway 40 which is the POINT-OF-BEGINNING; thence South 35 degrees 04 minutes 05 seconds West along the edge of the marsh for a distance of 203.02 feet to a point; thence South 53 degrees 39 minutes 40 seconds West along the edge of the marsh for a distance of 168.24 feet to a point; thence South 64 degrees 25 minutes 10 seconds West along the edge of the marsh for a distance of 190.76 feet to a point; thence South 3 degrees 47 minutes 20 seconds West along the edge of the marsh for a distance of 100 feet to a point; thence South 5 degrees 54 minutes 32 seconds West along the edge of the marsh for a distance of 115.73 feet to a point; thence South 73 degrees 41 minutes 03 seconds East along the edge of the marsh for a distance of 282.17 feet to a point; thence South 16 degrees 55 minutes 21 seconds West along the edge of the marsh for a distance Page 4135 of 87.90 feet to a point; thence South 72 degrees 33 minutes 25 seconds West along the edge of the marsh for a distance of 107.18 feet to a point; thence South 42 degrees 50 minutes 10 seconds West along the edge of the marsh for a distance of 180.58 feet to a half inch rebar set on the north right-of-way of the St. Marys Railroad; thence North 64 degrees 02 minutes 13 seconds West along the northerly right-of-way of the St. Marys Railroad for a distance of 1490.03 feet to a one inch pipe found at the southeast corner of lands belonging to J. D. Proctor, Jr.; thence North 24 degrees 30 minutes 00 seconds East along the easterly line of lands of J. D. Proctor, Jr. for a distance of 367.38 feet to a half inch rebar set on the south right-of-way of Georgia Highway 40; thence South 80 degrees 53 minutes 48 seconds East along the southerly right-of-way of said Highway 40 for a chord distance of 993.25 (arc distance 1004.20 feet) to a concrete monument set; thence North 84 degrees 24 minutes 38 seconds East along the southerly right-of-way of Georgia Highway 40 for a distance of 632.07 feet back to the point-of-beginning. Said tract containing 19.1161 acres and being more fully shown in that survey by Leonard E. Henry, Georgia Registered Land Surveyor number 1842 and dated 19th September, 1985. TRACT 5 All those two lots, tracts, or parcels of land lying and being in the 29th District, G.M., Camden County, Georgia, more particularly described as follows: TO ARRIVE AT A POINT OF BEGINNING, from a point where the centerline of the St. Marys Railroad intersects the centerline of the St. Marys Road, sometimes referred to as St. Marys Cutoff Road, (a 100 foot right-of-way), extend South 32 24[prime] 30[Prime] West 643.99 feet to a point; thence, extend South 15 55[prime] West 584.14 feet to a concrete monument which is the point of beginning, AND FROM SAID POINT OF BEGINNING, running South 07 18[prime] 34[Prime] West Page 4136 965.39 feet to a steel bar; thence, running South 21 09[prime] 49[Prime] East 726.36 feet to a concrete monument; thence, running South 19 39[prime] 49[Prime] East 1984.68 feet to a concrete monument; thence, running South 33 09[prime] 47[Prime] East 616.44 feet to a concrete monument; thence, running South 75 48[prime] 11[Prime] West 541.40 feet to a concrete monument; thence, running South 83 56[prime] 25[Prime] West 934.84 feet to a concrete monument; thence, running North 47 07[prime] 44[Prime] West 472.39 feet to a concrete monument; thence, running North 80 21[prime] 21[Prime] West 942.53 feet to a concrete monument; thence, running North 50 38[prime] 12[Prime] West 409.57 feet to a concrete monument; thence, running North 77 30[prime] 53[Prime] West 963.50 feet to a concrete monument; thence, running North 13 16[prime] 45[Prime] West 393.12 feet to a concrete monument; thence, running North 09 22[prime] 57[Prime] West 774.93 feet to a concrete monument; thence, running North 26 01[prime] 39[Prime] West 1037.50 feet to a concrete monument; thence, running North 70 45[prime] 01[Prime] East 1131.69 feet to an iron pin; thence, running along the arc of a curve concave to the North which is the Southerly right-of-way line of St. Marys Road a distance of 153.03 feet (having a chord distance of 152.99 feet along a chord having a bearing North 72 08[prime] 49[Prime] East) 153.03 feet to a concrete monument; thence, running North 69 54[prime] 36[Prime] East along the Southerly right-of-way line of St. Marys Road 254.34 feet to an iron pin; thence, running North 70 45[prime] 01[Prime] East 1908.46 feet to a concrete monument; thence, running North 71 18[prime] 33[Prime] East 274.52 feet to a concrete monument which is the point of beginning; together with all high land and marsh land lying between the described property and the centerline of Miller Branch Creek. Being more fully and accurately shown and described as all of Tract A on that certain plat of survey for Gilman Paper Company by George A. Butcher, Georgia Registered Land Surveyor No. 1903, dated November 21, 1978, as revised November 6, 1979. TRACT 6 All those two lots, tracts, or parcels of land lying and being in the 29th District, G.M., Camden County, Georgia, more particularly described as follows: Page 4137 TO ARRIVE AT A POINT OF BEGINNING, from the point where the centerline of the St. Marys Railroad intersects the centerline of St. Marys Road, sometimes referred to as St. Marys Cutoff Road, (a 100 foot right-of-way), extend South 32 24[prime] 30[Prime] West along the centerline of St. Marys Road 643.99 feet to a point; thence, extend South 15 55[prime] West 584.14 feet to a concrete monument; thence, extend South 07 18[prime] 34[Prime] West 965.39 feet to a steel bar; thence, extend South 21 09[prime] 49[Prime] East 726.36 feet to a concrete monument; thence, extend South 19 39[prime] 49[Prime] East 1984.68 feet to a concrete monument; thence, extend South 33 09[prime] 47[Prime] East 616.44 feet to a concrete monument; thence, extend South 75 48[prime] 11[Prime] West 541.40 feet to a concrete monument; thence, extend South 83 56[prime] 25[Prime] West 934.84 feet to a concrete monument; thence, extend South 82 41[prime] 52[Prime] West 1146.15 feet to a concrete monument which is the point of beginning, AND FROM SAID POINT OF BEGINNING, running South 27 50[prime] 36[Prime] West 709.32 feet to a concrete monument; thence, running South 74 59[prime] 48[Prime] West 566.03 feet to a concrete monument; thence, running North 50 02[prime] 06[Prime] West 431.97 feet to a concrete monument; thence, running South 53 17[prime] 41[Prime] West 1146.49 feet to a concrete monument; thence, running North 53 29[prime] 24[Prime] West 557.92 feet to a concrete monument; thence, running South 64 08[prime] 08[Prime] West 437.27 feet to a concrete monument; thence, running North 69 56[prime] 24[Prime] West 830.78 feet to a concrete monument; thence, running North 62 04[prime] 05[Prime] West 1188.91 feet to a concrete monument; thence, running South 64 17[prime] 02[Prime] West 1090.98 feet to a concrete monument; thence, running South 53 13[prime] 05[Prime] West 870.46 feet to a concrete monument; thence, running South 78 52[prime] 23[Prime] West 1306.10 feet to a concrete monument; thence, running North 77 23[prime] 57[Prime] West 445.05 feet to a concrete monument; thence, running North 40 07[prime] 23[Prime] West 862.20 feet to a concrete monument; thence, running North 11 14[prime] 01[Prime] East 585.87 feet to a concrete monument; thence, running North 11 14[prime] 01[Prime] East 88.78 feet to a concrete monument; thence, running North 48 00[prime] East 744.77 feet to a concrete monument; thence, running North 66 37[prime] 27[Prime] East 2635.90 feet Page 4138 to a concrete monument; thence, running North 88 12[prime] 37[Prime] East 3942.75 feet to a concrete monument; thence, running South 04 32[prime] 30[Prime] East 1046.48 feet to a concrete monument; thence, running South 74 50[prime] 23[Prime] East 1063.34 feet to a concrete monument; thence, running South 61 59[prime] 04[Prime] East 691.90 feet to a concrete monument which is the point of beginning, together with all high land and marsh land lying between the said described property and the centerlines of Scrubby Bluff Creek and Miller Branch Creek. Being more fully and accurately shown and described as all of Tract B on that certain plat of survey for Gilman Paper Company by George A. Butcher, Georgia Registered Land Surveyor No. 1903, dated November 21, 1978, as revised November 6, 1979.' Section 2. All laws and parts of laws in conflict with this Act are repealed. Intent Notice Notice of intention to apply for local legislation at the current Session of the General Assembly of the State of Georgia. (Ga. Const. Art. 3, Sec. 5, Para. 9). Notice is hereby given that legislation will be introduced at the current session of the General Assembly of the State of Georgia, which convened on the second Monday in January, 1986, to amend the Charter of the City of St. Marys, Georgia, by extending the City limits of said City to include additional territory. By Order of the Mayor and Council of the City of St. Marys, Georgia. Ward Hernandez Mayor Devorah Watts Clerk t11-28-12-12c GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 4139 duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following dates: November 28, 1985; December 5, 1985; December 12, 1985. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. WALKER COUNTY TAX COMMISSIONER; COMPENSATION OF PERSONNEL. No. 973 (House Bill No. 1516). AN ACT To amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4950), so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4140 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4950), is amended by striking subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The tax commissioner shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said tax commissioner shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said official shall not exceed the total sum of $82,500.00 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly. Said salaries shall be paid from the special fund created by Section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salaries, the special fund shall first be extinguished for said purposes and the remainder of said salaries shall be paid from the general funds of the county. The salary of the deputy tax commissioner shall be not less than $14,100.00 and shall be paid from said total amount of $82,500.00. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2013), as amended; and for other purposes. This 15th day of January, 1986. Page 4141 /s/ FOREST HAYS JR. Representative, 1st District WCM 256 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, Jr., who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 24, 1986. /s/ Forest Hays, Jr. Representative, 1st District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4142 WALKER COUNTY CLERK OF THE SUPERIOR COURT; PERSONNEL; COMPENSATION. No. 974 (House Bill No. 1517). AN ACT To amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5186), so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 29, 1984 (Ga. L. 1984, p. 5186), is amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, and other personnel appointed by said officer shall not exceed the total sum of $82,500.00 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. The salary of the deputy clerk of superior court shall be not less than $14,100.00 and shall be paid from said total amount of $82,500.00. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Page 4143 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended; and for other purposes. This 15th day of January, 1986. /s/ FOREST HAYS, JR. Representative, 1st District WCM 258 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, Jr., who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 24, 1986. /s/ Forest Hays, Jr. Representative, 1st District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4144 WALKER COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION AND EXPENSES. No. 975 (House Bill No. 1518). AN ACT To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3959), so as to change the provisions relative to the judge of said court and the compensation and expense allowance of said judge; to change the provisions relative to the compensation and expense allowance of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3959), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. (a) There shall be a judge of the State Court of Walker County who shall be elected for a four-year term as provided by Code Section 15-7-20 of the O.C.G.A. In the event a vacancy occurs in the office of said judge for any reason, such vacancy shall be filled as provided in Code Section 15-7-23 of the O.C.G.A. (b) The judge of said state court shall receive a salary of $22,500.00 per annum and an expense allowance of $7,500.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Walker County. The judge shall receive no other compensation but may practice law in any court except the State Court of Walker County. Page 4145 Section 2. Said Act is further amended by striking subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The solicitor of the State Court of Walker County shall receive a salary of $22,500.00 per annum and an expense allowance of $7,500.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Walker County. The solicitor shall receive no other compensation but may practice law in any court except the State Court of Walker County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended; and for other purposes. This 15th day of January, 1986. /s/ FOREST HAYS, JR. Representative, 1st District WCM 255 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, Jr., who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 24, 1986. /s/ Forest Hays, Jr. Representative, 1st District Page 4146 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. WALKER COUNTY CORONER; COMPENSATION. No. 976 (House Bill No. 1519). AN ACT To amend an Act placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4687), so as to change the provisions relating to the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the coroner of Walker County on an annual salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4687), is amended by redesignating subsection (d) of Section 1 as subsection (c) thereof and by striking subsections (b) and (c) of Section 1 in their entirety and substituting in lieu thereof one new subsection (b) to read as follows: (b) The coroner shall receive a salary of $450.00 per month which shall be paid from the funds of Walker County. Page 4147 Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Walker County upon a monthly salary, approved March 29, 1965 (Ga. L. 1965, p. 2710), as amended, and for other purposes. This 15th day of January, 1986. /s/ FOREST HAYS, JR. Representative, 1st District WCM 257 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, Jr., who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 24, 1986. /s/ Forest Hays, Jr. Representative, 1st District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4148 FULTON COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 977 (House Bill No. 1521). AN ACT To authorize Fulton County to exercise all redevelopment and other powers under the Redevelopment Powers Law as it may be approved and as it may hereafter be amended from time to time; to provide for a special election for the approval or rejection of such authorization, as required by the Redevelopment Powers Law; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Fulton County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., known as the Redevelopment Powers Law, and as such Redevelopment Powers Law may hereafter be amended from time to time. The intention of this Act is to authorize Fulton County to undertake and carry out community redevelopment, to issue tax allocation bonds, and to incur other obligations, within the meaning of, and as fully as permitted under, the provisions of Paragraph VII of Section II of Article IX of the Constitution of the State of Georgia of 1983, as amended, and to authorize Fulton County to exercise redevelopment powers as fully as the Redevelopment Powers Law may now or hereafter permit, and not to limit any redevelopment powers permitted under the Redevelopment Powers Law. Section 2. Not less than 30 nor more than 60 days before the date of any regularly scheduled election of Fulton County, as specified by the Board of Commissioners of Fulton County, it shall be the duty of the election superintendent of Fulton County to issue the call for a special election for the purpose of submitting this Act to the qualified voters of Fulton County for approval or rejection. The superintendent shall set the date Page 4149 of such election for the date of such regularly scheduled election. The election superintendent shall cause the date and purpose of the election to be published once a week for not less than 30 days immediately preceding the date thereof in the official organ of Fulton County, Georgia, as required by Title 21 of the O.C.G.A. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which authorizes Fulton County to exercise redevelopment powers under the Redevelopment Powers Law, as it may be amended from time to time, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If the majority of the qualified voters voting in such election approve the Act, Section 1 of this Act shall become effective from and after the first day after the date of the election; otherwise Section 1 of this Act shall be void and of no force and effect. The election shall be held in conformity with the requirements for special elections pursuant to Title 21 of the O.C.G.A. Section 3. Section 1 of this Act shall become effective on the first day after the election required by Section 2 of this Act if this Act is approved in such election by the majority of the qualified voters voting in such election. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly a bill to provide that Fulton County shall be authorized to exercise all redevelopment and other powers under the Redevelopment Powers Law, as it may be amended from time to time; to provide for a referendum; and for other purposes. Page 4150 This 10 day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 13 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 40th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 13, 1986. /s/ Barbara H. Couch Representative, 40th District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. MONROE COUNTY GRAND JURY; ARBITRATION OF DISPUTES RELATING TO COUNTY MATTERS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 978 (House Bill No. 1529). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which Page 4151 was proposed by Resolution Act No. 108 (House Resolution No. 642-1790) of the 1978 General Assembly (Ga. L. 1978, p. 2345) and which was duly ratified at the 1978 general election and which relates to providing that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain disputes relating to county matters as the General Assembly may by local law provide; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 108 (House Resolution No. 642-1790) of the 1978 General Assembly (Ga. L. 1978, p. 2345) and which was duly ratified at the 1978 general election and which relates to providing that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain disputes relating to county matters as the General Assembly may by local law provide shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE 86-18 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 106 (House Resolution No. 642-1790) Page 4152 of the 1978 General Assembly (Ga. L. 1978, p. 2345) and which was duly ratified at the 1978 general election and which relates to providing that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain disputes relating to county matters as the General Assembly may by local law provide; and for other purposes. This 20th day of January, 1986. /s/ Kenneth Waldrep Honorable Kenneth Waldrep Representative, 80th District J22c GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: January 22, 1986. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4153 STEPHENS COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 979 (House Bill No. 1531). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Stephens County Development Authority (Resolution Act No. 277; House Resolution No. 734-1600; Ga. L. 1968, p. 1854); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Stephens County Development Authority (Resolution Act No. 277; House Resolution No. 734-1600; Ga. L. 1968, p. 1854) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Stephens County Development Authority (RES. ACT NO. 277; H.R. 734-1600; Ga. L. 1968, p. 1854); and for other purposes. This 21st day of January, 1986. Page 4154 STEPHENS COUNTY BOARD OF COMMISSIONERS c04 AFFIDAVIT GEORGIA, STEPHENS COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, JEANETTE JAMIESON, who, on oath, deposes and says that she is Representative from the 11th District, Post 2, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on the following date: January 23, 1986. /s/ Jeanette Jamieson, Representative, 11th District, Post 2 Sworn to and subscribed before me this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4155 JASPER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 980 (House Bill No. 1535). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 126 (House Resolution No. 627-1367) of the 1968 General Assembly (Ga. L. 1968, p. 1550) and which was duly ratified at the 1968 general election and which relates to the creation of the Jasper County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 126 (House Resolution No. 627-1367) of the 1968 General Assembly (Ga. L. 1968, p. 1550) and which was duly ratified at the 1968 general election and which relates to the creation of the Jasper County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 2321 January 23 Page 4156 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, JASPER COUNTY Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 126 (House Resolution No. 627-1367) of the 1968 General Assembly (Ga. L. 1968, p. 1550) and which was duly ratified at the the 1968 general election and which relates to the creation of the Jasper County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures; and for other purposes. This 10th day of January, 1986. KENNETH WALDREP Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following date: January 23, 1986. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4157 COBB COUNTY BOARD OF COMMISSIONERS; COMPENSATION; CHAIRMAN. No. 981 (House Bill No. 1540). AN ACT To amend an Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4283) and an Act approved March 18, 1985 (Ga. L. 1985, p. 3862), so as to change the compensation provisions relating to the members of the board of commissioners; to change provisions relating to the chairman of said board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4283) and an Act approved March 18, 1985 (Ga. L. 1985, p. 3862), is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Compensation. Commissioners, other than the chairman, shall be paid as their entire compensation for services as same the sum of $11,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $27,500.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or either commissioner shall be entitled. The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; Page 4158 (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Cobb County. Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. Section 2. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice-chairman of the commission on an annual basis, and shall appoint the committee chairmen. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-826 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1986 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, Georgia, approved June 19, 1964 (GA. L. 1964, Ex. Sess., p. 2075) and for other purposes. This 3rd day of January 1986. Roy E. Barnes Haskew Brantley Jim Tollison 1:3,10 Page 4159 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. TOOMBS COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 982 (House Bill No. 1582). AN ACT To amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to change the compensation of the chairman and other members of the board of commissioners; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4160 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, is amended by striking Section 7 which reads as follows: Section 7. The members of the board shall elect their own vice-chairman. Three (3) members of the board shall constitute a quorum for the conducting of the business of the board. The chairman shall be compensated in an amount not less than $300.00 per month and not more than $350.00 per month, to be paid monthly from the funds of Toombs County. Each of the other members of the board shall be compensated in an amount not less than $150.00 per month and not more than $200.00 per month, to be paid monthly from the funds of Toombs County. The members of the board shall fix their compensation and the compensation of the chairman in an amount not less than the minimum amounts stated herein and not more than the maximum amounts stated herein. All members of the board shall be reimbursed for actual expenses incurred while outside Toombs County on business of the County. The chairman of the board shall sign all checks issued by the board and the clerk of the board, provided for hereinafter, shall countersign such checks. In addition to the compensation provided herein, the chairman shall receive a supplemental expense allowance of $250.00 per month, to be payable monthly from the funds of Toombs County. In addition to the compensation provided herein, the board of commissioners is hereby authorized to provide accident, health, and hospitalization insurance for members of the board of commissioners and to pay for such insurance from the funds of Toombs County. In addition to any other compensation or emoluments received by the chairman, the chairman of the board shall be furnished a pickup truck for use in carrying out the duties of his office. The cost of such pickup truck and the expense of operating and maintaining said vehicle shall be paid from county funds., and inserting in its place a new Section 7 to read as follows: Section 7. (a) The members of the board shall elect their own vice-chairman. Three members of the board shall Page 4161 constitute a quorum for the conducting of the business of the board. (b) The chairman of the board shall sign all checks issued by the board and the clerk of the board shall countersign such checks. (c) The chairman of the board shall be compensated by an annual salary of $12,500.00, payable in equal monthly installments from funds of Toombs County. The chairman of the board shall also be furnished a pickup truck for use in carrying out the duties of his office. The cost of such pickup truck and the expenses of operating and maintaining said vehicle shall be paid from county funds. (d) Each member of the board other than the chairman shall be compensated by a salary of $300.00 per month, payable monthly from funds of Toombs County. (e) All members of the board shall be reimbursed for actual expenses reasonably incurred while outside the county on business of the county. (f) In addition to their salaries, the board of commissioners is authorized to provide accident, health, and hospitalization insurance for members of the board and to pay for such insurance from funds of Toombs County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for salary increases in State Court Judge of Toombs County, Solicitor of State Court of Toombs County and County Commissioners of Toombs County and for other purposes. Page 4162 This 20th day of January, 1986. TOOMBS COUNTY COMMISSIONERS 4clt-tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: January 22, 1986. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4163 MORGAN COUNTY BUSINESS AND OCCUPATIONAL LICENSE TAXES IN THE UNINCORPORATED AREA OF THE COUNTY. No. 983 (House Bill No. 1588). AN ACT To authorize the governing authority of Morgan County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to authorize the governing authority of Morgan County to exercise police powers over such persons, firms, and corporations; to provide for penalties; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The governing authority of Morgan County is authorized to levy, assess, and collect business and occupational license taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of Morgan County, except those businesses specifically exempted by this Act. (b) The following businesses shall be exempt from taxes and fees imposed under this Act: (1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46 of the O.C.G.A.; and (3) Those businesses upon which local license taxes or license fees are imposed under general laws authorizing such local license taxes and license fees, unless such general law specifically authorizes local license taxes and license fees other than those to which it specifically relates. Page 4164 (c) The governing authority of Morgan County is authorized to classify businesses and to assess different taxes and fees against different classes of businesses being carried on in the unincorporated area of the county. (d) The governing authority of Morgan County is authorized to enact ordinances for the enforcement of this Act and for the exercise of police powers over all businesses subject to the imposition of taxes or fees under this Act. Each such ordinance shall specify the maximum punishment which may be imposed for a violation of the ordinance; and in no case shall the maximum punishment for the violation of any such ordinance exceed a fine of $500.00 or imprisonment for 60 days or both. (e) Nothing in this Act shall apply to, or authorize the governing authority of Morgan County to exercise any of the powers conferred by this Act over, any farm operation for the production from or on the land of agricultural products, including horticultural, floricultural, forestry, dairy, livestock, poultry, or apiarian products or any other farm products. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to authorize the governing authority of Morgan County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to authorize the governing authority of Morgan County to exercise police powers over such persons, firms, and corporations; to provide for penalties; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1986. S/William B. Cochran 5CCOM Page 4165 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian which is the official organ of Morgan County, on the following date: January 30, 1986. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. BUTTS COUNTY CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 984 (House Bill No. 1596). AN ACT To amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Butts County and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended, so as to change certain provisions relating to the compensation of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Page 4166 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensating the clerk of the Superior Court of Butts County and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended, is amended by striking subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows: (b) In addition to the base salary provided in subsection (a), such officer shall receive a supplemental salary which shall be an amount equal to 3 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. Section 2. All laws and parts of laws in conflict with this Act are repealed. 86020-J NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act compensating the clerk of the Superior Court of Butts County, increasing the supplemental compensation of the Clerk of Superior Court, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended; and for other purposes. This 21st day of January, 1986. Larry Smith, Representative 78th District 1-29-1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, Page 4167 and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: January 29, 1986. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. RICHMOND COUNTY SUPERINTENDENT OF THE BOARD OF EDUCATION; TERMS; REMOVAL. No. 985 (House Bill No. 1603). AN ACT To amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), an Act approved April 6, 1981 (Ga. L. 1981, p. 3677), and an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), so as to change the date of the appointment and expiration of term of the superintendent of the Board of Education of Richmond County and to provide for an initial six-month extension of the term of the present superintendent to allow an orderly implementation; to provide for the removal of the superintendent; to repeal conflicting laws; and for other purposes. Page 4168 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), an Act approved April 6, 1981 (Ga. L. 1981, p. 3677), and an Act approved March 29, 1984 (Ga. L. 1984, p. 5119), is amended by striking subsection (a) of Section 6 thereof in its entirety and inserting in its place new subsection to read as follows: (a) The superintendent of schools shall be appointed by the board of education for a four-year term, which shall expire on June 30, every fourth year. The term of that superintendent of schools in office on January 1, 1986, shall expire June 30, 1987. Thereafter, the term of the superintendent shall expire every fourth year on June 30. (a.1) The superintendent of schools may be removed by the board of education during the term of office, provided that the superintendent shall first be served with a clear statement in writing of the cause of that removal and be given an opportunity to be heard thereon at a public meeting of said board to be held not less than ten nor more than 20 days after the service of such statement. The superintendent shall be entitled to be represented by counsel at such hearing and, upon the superintendent's request, witnesses whose testimony is pertinent to the charges against the superintendent shall be subpoenaed by the president or vice president of the board. After such hearing, the board's decision, upon a vote of ten of the members of the board to remove the superintendent, shall be final except that in the event of physical or mental incapacity of the superintendent of schools, then a majority shall be authorized to act. If the superintendent requests, the hearing and all deliberations shall be held in private. (a.2) Notwithstanding subsection (a.1) of this section, on or after January 1, 1987, the board of education then having only nine members, the superintendent may be removed during the superintendent's term of office by the Page 4169 board of education in accordance with the procedures set forth in subsection (a.1) of this section, but the board's decision to remove during a term of office will be upon a vote of six of the members of the board, except in the event of physical or mental incapacity of the superintendent of schools, then five shall be authorized to act. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Regulate Public Instruction in the County of Richmond, approved August 23, 1972 (Ga. Laws 1972, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. L. 1974, p. 2545), an Act approved April 11, 1979 (Ga. L. 1979, p. 3990) and an Act approved April 6, 1981, P. 3677), and an Act approved March 29, 1984 (Ga. L. 1984, p. 5119) so as to change the date of the expiration of the term of office of the superintendent of schools of Richmond County; to provide for one (1) initial six (6) month extension of the contract of the present superintendent; to provide for a change in the number of votes required to remove the superintendent from office after the number of Board members has been reduced in 1987; to provide for other matters relating to the foregoing; to repeal conflicting law; and for other purposes. this 2nd day of January 1986. Leonard O. Fletcher, Jr. Attorney for County Board of Education of Richmond County McGahee, Benning, Fletcher P. O. Bx 1661 Augusta, Ga. 30903 Jan. 6, 1986 Page 4170 GEORGIA, RICHMOND COUNTY Personally appeared before me, a Notary Public, the undersigned, who, on oath, says that he is the President of Southeastern Newspapers Corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that the legal notice of intention to apply for local legislation was duly published once as required by law, said date of publication being January 6, 1986. /s/ Paul S. Simon Southeastern Newspapers Corp. Publisher of The Augusta Herald, Richmond County, Georgia Sworn to and subscribed before me this 17th day of January, 1986. /s/ Carol H. Koch Notary Public, State of Georgia. (SEAL). Approved March 20, 1986. Page 4171 HENRY COUNTY SHERIFF; JUDGE OF THE PROBATE COURT; CLERK OF THE SUPERIOR COURT; TAX COMMISSIONER; COMPENSATION. No. 986 (House Bill No. 1604). AN ACT To amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4698), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4698), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The base annual salary of the sheriff of Henry County shall be $35,000.00, to be paid in equal monthly installments out of county funds. (b) (1) The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from county funds. (2) In addition to the chief deputy, the sheriff is authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. Page 4172 (3) The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The clerk of the Superior Court of Henry County shall be paid a salary in an amount equal to 95 percent of the base annual salary of the sheriff of Henry county, as provided in subsection (a) of Section 2 of this Act, to be paid in equal monthly installments out of county funds. The clerk of the superior court is authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The judge of the Probate Court of Henry County shall be paid an annual salary in an amount equal to 95 percent of the base annual salary of the sheriff of Henry County, as provided in subsection (a) of Section 2 of this Act. Said salary shall be paid in equal monthly installments out of county funds. The judge of the probate court is authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Section 4. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The tax commissioner of Henry County shall receive an annual salary in an amount equal to 95 Page 4173 percent of the base annual salary of the sheriff of Henry County, as provided in subsection (a) of Section 2 of this Act, payable in equal monthly installments from the funds of Henry County. All fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind received and collected by the tax commissioner shall pay over to the fiscal authority of Henry County all such funds as shall have been collected by him for the county during the immediately preceding calendar month with a detailed, itemized statement showing the collections and the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by Code Section 48-5-180 of the O.C.G.A., relating to commissions of tax commissioners. The tax commissioner is authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salary thereof shall be subject to the final approval of the board of county commissioners of Henry County. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4698); to provide an effective date; and for other purposes. This 17th day of January, 1986. /s/ Honorable Wesley Dunn Representative, 73rd District 1tc-1-22 Page 4174 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry County Herald which is the official organ of Henry County, on the following date: January 22, 1986. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CITY OF ATLANTA COMMUNITY IMPROVEMENT DISTRICTS. No. 987 (House Bill No. 1636). AN ACT To provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; Page 4175 to provide for the boundaries of said districts; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificate of validation, specification of interest rates in notice to the district attorney or the Attorney General, and in notice of validation hearing, etc., and definition of terms cost of the project or cost of any project as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973 shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be referred to as the Atlanta Community Improvement District Act. Section 2. Purpose. (a) The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Atlanta, Georgia, and such districts shall be created for the provision, acceleration, supplementation, or enhancement of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same: (1) Construction and maintenance of local, collector, and arterial streets as shown on the city's street classification map, including curbs, sidewalks, street lights, and devices to control the flow of traffic on local, collector, and arterial streets; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; Page 4176 (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. (b) A community improvement district is intended to provide a means to address needs for the above governmental services and facilities as may be necessary in high-growth, high-intensity, nonresidential areas. Section 3. Definitions. As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district herein authorized. (3) Bonds or general obligation bonds means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) Caucus of electors means for each district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) City council means the Atlanta City Council. (6) City governing authority or body means the Atlanta City Council. Page 4177 (7) Cost of the project or cost of any project means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; Page 4178 (G) All expenses of or incidental to determining the feasibility or practicability of any projects; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (8) District means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. Page 4179 (9) Electors means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton or DeKalb counties, or both, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the appropriate Fulton County or DeKalb County tax commissioner, on a form satisfactory to the commissioner, at least eight days prior to an election. An owner of multiple parcels has one vote, not one vote per parcel. Multiple owners of one parcel have one vote which must be cast by one of their number who is designated in writing by such multiple owners as their elector. (10) Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property, with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or DeKalb County Board of Tax Assessors. (11) Forestry means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (12) Hereby, herein, hereinunder, and herewith mean under this Act. (13) Mayor means the mayor of the City of Atlanta. Page 4180 (14) Project means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services (such as fire, police, and other services), provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (15) Property owner or owner of real property means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Fulton County or DeKalb County, or both, within the district as certified by the appropriate Fulton County tax commissioner or DeKalb County tax commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (16) Property used nonresidentially means property used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential. (17) Residential means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (18) Taxpayer means any entity or person paying ad valorem taxes on real property, whether on one or Page 4181 more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. Section 4 . Creation. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at Ga. L. 1984, p. 1703, et seq.), there is created one or more community improvement districts to be located in the City of Atlanta, Georgia, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be: (1) The adoption of a resolution by the city governing authority consenting to the creation of each community improvement district and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which shall be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. (b) The written consents provided for by paragraph (2) of subsection (a) of this section shall be submitted to the appropriate Fulton County or DeKalb County tax commissioner, or both, who shall certify whether subparagraphs (A) and (B) of said paragraph (2) have been satisfied with respect to each such proposed district. Page 4182 (c) No district or board created hereunder shall transact any business or exercise any powers hereunder until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated hereunder, and with the Department of Community Affairs. Section 5. Administration, appointment, and election of board members. (a) Each district created pursuant hereto shall be administered by a board composed of nine board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the mayor; two members shall be appointed by the president of the city council (one of whom shall be the current chairperson of the finance committee of the city council); and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The appointed board members shall serve at the pleasure of the city governing body. The initially elected board members shall serve for terms of office as follows: one-half thereof, or one less than half if an odd number, shall serve for two years, and the remaining board members shall serve for four years, respectively. Thereafter, all terms of office shall be for four years, except the appointed board members who serve at the pleasure of the city governing body. (b) The initial board members to be elected as provided above shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing body of the municipality shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Fulton or DeKalb counties, or both, as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Fulton or DeKalb counties, or both, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless Page 4183 such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Fulton County or DeKalb County, or both, on four dates, at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election. (c) The board members shall be subject to recall as any other elected public official by the electors hereinabove defined. (d) Board members, including appointed board members (with the exception of the chairman of the finance committee of the city council), shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (e) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board. (f) Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code, shall not apply to the election of district board members. Should a vacancy in office occur of a district board member and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections. Section 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Page 4184 Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities which are provided to the City of Atlanta as a whole. Any tax, fee, or assessment so levied shall be collected by Fulton County or DeKalb County, or both, in the same manner as taxes, fees, and assessments are levied by Fulton County, DeKalb County, or the City of Atlanta, respectively. Delinquent taxes shall bear the same interest and penalties as Fulton County, DeKalb County, or City of Atlanta ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Fulton County or DeKalb County, or both, to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the collecting governing body or bodies by June 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event, for bonded indebtedness of the district then outstanding, until said bonded indebtedness then outstanding is paid or refunded. Section 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the city council as set forth in the resolution required in Section 4 hereof, or as may thereafter be added as hereinafter provided. Page 4185 (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and, for this purpose, value shall be determined by the most recent county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the city council. Section 8. Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. Section 9. Cooperation with local governments. The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Atlanta. The provisions of this section shall in no way limit the authority of the City of Atlanta to provide services or facilities within the district; and the City of Atlanta shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality. Nothing contained in this Act shall be construed to limit or Page 4186 preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10. Powers. (a) Each district and its board created pursuant hereto shall have powers, as determined by resolution of the governing authority, which powers are deemed necessary or convenient to carry out and effectuate the purposes and provisions hereof including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, and to operate or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, Page 4187 leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs Page 4188 of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property, to operate or contract for operation of facilities and other improvements in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Atlanta; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (18) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing City of Atlanta services; and (19) To do all things necessary or convenient to carry out the powers conferred hereby. Page 4189 (b) The powers enumerated in the resolution of the governing authority are to be drawn from those powers enumerated herein and elsewhere in this Act. Section 11. Bonds - generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state Page 4190 shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Fulton County or DeKalb County, or both, may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such said bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. Page 4191 Section 12. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject to the limitations and procedures provided by this section and by the immediately preceding section, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any projects, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum. Section 14. Dissolution. (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be: Page 4192 (1) The adoption of a resolution approving of the dissolution of each community improvement district by the city governing authority; (2) The written consent to the dissolution of the community improvement district by: (A) Two-thirds (67 percent) of the owners of real property within the district who are subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property constituting at least 75 percent by value of all real property within the district who are to be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently approved county ad valorem tax digest; and (3) The written consent provided for above shall be submitted to the Fulton or DeKalb County tax commissioner, as applicable, who shall certify whether paragraph (2) of this subsection has been satisfied with respect to each proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) When a dissolution becomes effective, the city governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (d) A district may be reactivated in the same manner as an original activation. Section 15. Repealer. All laws and parts of laws in conflict with this Act are repealed. Page 4193 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Atlanta; to provide for purposes; to provide for boards to administer said districts; to provide for appointment and election of boards; to provide for powers and duties; to provide for boundaires; to provide for taxes, fees, and assessments; to authorize said districts to incur debt; to provide for bonds, notes, and other obligations; to authorize said districts to contract with other units of government; to provide for cooperation with local governments; to provide for all matters relative to the foregoing; and for other purposes. This 27th day of January, 1986. W. M. ALEXANDER Legislative Coordinator City of Atlanta Jan 27, 1986 Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Bolster, who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Paul Bolster Representative, 30th District Sworn to and subscribed before me, this 5th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4194 CITY OF PERRY INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 988 (House Bill No. 1640). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 219 of the 1962 General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 1082) and which relates to the creation of the City of Perry Industrial Building Authority and the powers and administration of the authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 219 of the 1962 General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 1082) and which relates to the creation of the City of Perry Industrial Building Authority and the powers and administration of the authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4195 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 219 of the 1962 General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 1082) and which relates to the creation of the City of Perry Industrial Building Authority and the powers and administration of the authority; and for other purposes. This 8th day of January, 1986. Larry Walker State Representative District 115 1t 1/16 GEORGIA, HOUSTON COUNTY. Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Notice of Intent: Industrial Building Authority was published in The Houston Home Journal on the following dates: January 16, 1986. This 17th day of January, 1986. /s/ Jim Kerce/td Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 17th day of January, 1986. /s/ Tammy Draper Notary Public, Houston County. Notary Public, Georgia State at Large. My Commission Expires Oct. 8, 1988. (SEAL). Approved March 20, 1986. Page 4196 CITY OF PERRY REDEVELOPMENT POWERS; REFERENDUM. No. 989 (House Bill No. 1641). AN ACT To amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the Redevelopment Powers Law, Chapter 44 of Title 36 of the O.C.G.A., as now or hereafter amended; to enumerate certain specific powers; to provide for all related matters; to provide for a referendum as to the effectiveness of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, is amended by adding at the end of Article 1 a new Section 1.15 to read as follows: Section 1.15. Redevelopment powers. The city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the `Redevelopment Powers Law,' Chapter 44 of Title 36 of the O.C.G.A., as now or hereafter amended. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or other obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Page 4197 Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Perry shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Perry for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Houston County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Perry to have and to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Perry. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to authorize Page 4198 the City of Perry to exercise redevelopment powers, as authorized by Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the Redevelopment Powers Law; to provide for all matters related to the foregoing; to provide for a referendum; and for other purposes. This 8th day of January, 1986. Larry Walker State Representative District 115 1t 116 GEORGIA, HOUSTON COUNTY. Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Notice of Intent: Redevelopment Power was published in The Houston Home Journal on the following dates: January 16, 1986. This 17th day of January, 1986. /s/ Jim Kerce/td Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 17th day of January, 1986. /s/ Tammy Draper Notary Public, Houston County. Notary Public, Georgia State at Large. My Commission Expires, Oct. 8, 1988. (SEAL). Approved March 20, 1986. Page 4199 CITY OF SAVANNAHISSUANCE OF BONDS WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 990 (House Bill No. 1646). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 63; House Resolution No. 138-609; Ga. L. 1977, p. 1583); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 63; House Resolution No. 138-609; Ga. L. 1977, p. 1583) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: Page 4200 That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 25, 1986, and finds that the following advertisement, to-wit: 86-058-0115-220 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 63; House Resolution No. 138-609, Ga. L. 1977, p. 1583); to provide the authority for this Act; and for other purposes. This 25th day of January, 1986. Dyanne C. Reese Clerk of Council Jan. 25 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Page 4201 Sworn to and subscribed before me this 29 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. DOWNTOWN SAVANNAH AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 991 (House Bill No. 1647). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Downtown Savannah Authority (Resolution Act No. 159; House Resolution No. 677-2014; Ga. L. 1974, p. 1738); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Downtown Savannah Authority (Resolution Act No. 159; House Resolution No. 677-2014; Ga. L. 1974, p. 1738) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 4202 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 25, 1986, and finds that the following advertisement, to-wit: 86-058-0115-220 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Downtown Savannah Authority (Resolution Act No. 159; House Resolution No. 677-2014; Ga. L. 1974, p. 1738); to provide the authority for this Act; and for other purposes. Page 4203 This 25th day of January, 1986. DYANNE C. REESE CLERK OF COUNCIL Jan. 25 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 29 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. SAVANNAH AIRPORT COMMISSION LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 992 (House Bill No. 1648). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Savannah Airport Commission (Resolution Act No. 54; Senate Resolution No. 59; Ga. L. 1950, p. 439); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Savannah Page 4204 Airport Commission (Resolution Act No. 54; Senate Resolution No. 59; Ga. L. 1950, p. 439) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 25, 1986, and finds that the following advertisement, to-wit: 86-058-0115-220 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4205 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Savannah Airport Commission (Resolution Act No. 54; Senate Resolution No. 59; Ga. L. 1950, p. 439); to provide the authority for this Act; and for other purposes. This 25th day of January, 1986. Dyanne C. Reese Clerk of Council Jan. 25N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 24 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. Page 4206 COLUMBUS, GEORGIA CODE OF ETHICS; PENALTIES. No. 993 (House Bill No. 1651). AN ACT To amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to provide that violations of the code of ethics of the consolidated government may be punished, in addition to any other punishment provided by law, as provided by ordinance but not to exceed a fine of $600.00 or imprisonment for 60 days or both; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, are amended by striking Paragraph 8 of Appendix Two, relating to a code of ethics and prohibited practices, which Paragraph 8 reads as follows: 8. Penalties for Violation. Officials, officers and employees of the consolidated government may be punished for violation of paragraphs 1 through 7 hereof as follows: (a) The Mayor and members of the Council shall be subject to removal from office as provided in Article VI of this Charter; (b) All appointed officers and department heads not in the merit service shall be subject to removal from office as provided in Article III, Chapter 1, section 3-104 (4) of this Charter. (c) Members of the merit service, upon violation of the Code of Ethics as provided for herein, shall be subject to Page 4207 dismissal in accordance with the personnel rules and regulations adopted by the Council., and inserting in its place a new Paragraph 8 to read as follows: 8. Penalties for Violation. (1) Officials, officers and employees of the consolidated government may be punished for violation of Paragraphs 1 through 7 of this Appendix as follows: (a) The Mayor and members of the Council shall be subject to removal from office as provided in Article VI of this Charter; (b) All appointed officers and department heads not in the merit service shall be subject to removal from office as provided in Article III, Chapter 1, Section 3-104 (4) of this Charter. (c) Members of the merit service, upon violation of the Code of Ethics as provided for herein, shall be subject to dismissal in accordance with the personnel rules and regulations adopted by the Council. (2) The Council may provide by ordinance that violations of Paragraphs 1 through 7 of this Appendix shall be punishable by a fine not to exceed $600.00, by imprisonment not to exceed 60 days, or by both. Any punishment so provided by ordinance may be imposed without regard to whether punishment is imposed as provided in Part (1) of this Paragraph. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a Bill to provide that violations of the code of ethics of the Consolidated Government may be punished, in addition to any other punishment Page 4208 provided by law, as provided by ordinance but not to exceed a fine of $600.00 or imprisoned for 60 days or both. This the 30th day of January, 1986. Mary Jane Galer State Representative, District 97 Pub.Jan.30,1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Jane Galer, who, on oath, deposes and says that she is Representative from the 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 30, 1986. /s/ Mary Jane Galer Representative, 97th District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. Page 4209 HOUSTON COUNTY AND COUNTY SCHOOL DISTRICT LIMITS ON AD VALOREM TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 994 (House Bill No. 1652). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 158, H.R. 700, Ga. L. 1982, p. 2601), duly ratified at the general election in 1982, which amendment limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 158, H.R. 700, Ga. L. 1982, p. 2601), duly ratified at the general election in 1982, which amendment limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive and valorem taxes, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4210 in force and effect as part of the Constitution that constitutional amendment ratified at the general election in 1982, which amendment limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes; and for other purposes. This 15th day of January, 1986. Honorable Roy H. Watson, Jr. Representative, 114th District Honorable Larry Walker Representative, 115th District Honorable Ted Waddle Representative, 113th District 1t 1/30 GEORGIA, HOUSTON COUNTY Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intent to Introduce Local Legislation was published in The Houston Home Journal on the following dates: Jan. 30, 1986. This 31st day of January, 1986. /s/ Jim Kerce/td Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 31st day of January, 1986. /s/ Tammy Draper Notary Public, Houston County. Notary Public, Georgia State at Large. My Commission Expires Oct. 8, 1988. (SEAL) Approved March 20, 1986. Page 4211 NEWTON COUNTY BOARD OF EDUCATION; CHAIRMAN. No. 995 (House Bill No. 1660). AN ACT To amend an Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4641), so as to change the provisions relative to the chairman of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4641), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The board shall elect one of their members as chairman to serve for a term established by resolution duly adopted by the board. The board may provide by resolution for such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $250.00 per month, and the chairman shall be compensated in the amount of $250.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend Page 4212 an Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985 p. 4641), so as to change the provisions relative to the chairman of the board; and for other purposes. This 13th day of January, 1986. Honorable Denny Dobbs Representative, 74th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: January 30, 1986. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 5th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. Page 4213 WARE COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 996 (House Bill No. 1664). AN ACT To amend an Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to change the compensation of the chairman and members of the board of commissioners of Ware County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, is amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. The chairman of the board of commissioners shall be compensated in the sum of $6,000.00 per year. The other commissioners shall be compensated in the sum of $4,800.00 per year. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to increase the compensation of the chairman of the Board of the Ware County Commissioners and the other Commissioners. This 23 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Page 4214 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CHATHAM COUNTY CONSTRUCTION AND MAINTENANCE OF STREETS; ASSESSMENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 997 (House Bill No. 1569). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided and to Page 4215 assess the costs thereof (Resolution Act No. 58; House Resolution No. 70-266a; Ga. L. 1955, p. 665); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided and to assess the costs thereof (Resolution Act No. 58; House Resolution No. 70-266a; Ga. L. 1955, p. 665) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said published corporation; Page 4216 That said newspaper is of general circulation in said county and in the area adjacent thereto; That she has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: CC 9002 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided and to assess the costs thereof (Resolution Act No. 58; House Resolution No. 70-266a; Ga. L. 1955, p. 665); and for other purposes. This 24 day of January, 1986. Charles C. Brooks Chairman Chatham County Commission Jan. 25 N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. Page 4217 CHATHAM COUNTY PAYMENT OF PROPERTY TAXES; TIMES AND MANNER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 998 (House Bill No. 1568). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Chatham County to provide for the payment of taxes due upon real and personal property at such times and in such manner as the commissioners may provide (Resolution Act No. 33; House Resolution No. 241-752; Ga. L. 1971, p. 964); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the Board of Commissioners of Chatham County to provide for the payment of taxes due upon real and personal property at such times and in such manner as the commissioners may provide (Resolution Act No. 33; House Resolution No. 241-752; Ga. L. 1971, p. 964) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: Page 4218 That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That she has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, towit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Chatham County to provide for the payment of taxes due upon real and personal property at such times and in such manner as the commissioners may provide (Resolution Act No. 33; House Resolution No. 241-752; (Ga. L. 1971, p. 964); and for other purposes. This 24 day of January, 1986. Charles C. Brooks, Chairman Chatham County Commission Jan. 25 N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Page 4219 Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. CHATHAM COUNTY HOMESTEAD EXEMPTIONS FOR PERSONS WHO ARE 65 OR DISABLED; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 999 (House Bill No. 1565). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissiners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County (Resolution Act No. 126; Senate Resolution No. 347; Ga. L. 1978, p. 2373); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem Page 4220 taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County (Resolution Act No. 126; Senate Resolution No. 347; Ga. L. 1978, p. 2373) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That she has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: Page 4221 CC 9003 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that each person who is 65 years off age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County (Resolution Act No. 126; Senate Resolution No. 347; Ga. L. 1978, p. 2373); and for other purposes. This 24 day of January, 1986. Charles C. Brooks, Chairman Chatham County Commission Jan. 25 N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. Page 4222 CHATHAM COUNTY CIVIL SERVICE SYSTEMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1000 (House Bill No. 1567). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards and a civil service system (Resolution Act No. 38; House Resolution No. 39-208A; Ga. L. 1949, p. 2135); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards and a civil service system (Resolution Act No. 38; House Resolution No. 39-208A; Ga. L. 1949, p. 2135) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: Page 4223 That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: CC 9005 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards and a civil service system (Resolution Act No. 38; House Resolution No. 39-208A; Ga. L. 1949, p. 2135); and for other purposes. This 24 day of January, 1986. Charles C. Brooks Chairman Chatham County Commission Jan. 25 N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Page 4224 Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. CITY OF VALDOSTA CORPORATE LIMITS. No. 1001 (House Bill No. 1680). AN ACT To amend an Act providing a new charter for the City of Valdosta, approved March 24, 1976 (Ga. L. 1976, p. 3185), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3954), so as to redefine the corporate limits of the City of Valdosta; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Valdosta, approved March 24, 1976 (Ga. L. 1976, p. 3185), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3954), is amended by striking Section 1.3 in its entirety and inserting in lieu thereof a new Section 1.3 to read as follows: Section 1.3. The corporate limits of the City of Valdosta in the County of Lowndes are hereby altered, relocated, and redefined so that from and after the passage of this Act, the said corporate limits shall be defined, located, and described as follows: Page 4225 Beginning at the point where the east margin of the right of way of the Central of Georgia Railroad main line intersects the north margin of the right of way of Georgia State Highway 31 (East Park Avenue); thence, running westerly along the north margin of said highway right of way to its intersection with the west right of way of the Central of Georgia Railroad; thence, along the west right of way of said railroad, north 15 degrees 18 minutes 44 seconds east a distance of 2848.87 feet to a point; thence, along said right of way south 15 degrees 03 minutes east a distance of 1442.87 feet to a point, said point is located on the north margin of Northside Drive; thence, north 15 degrees 03 minutes east a distance of 1106.39 feet to a point; thence, north 0 degrees 49 minutes 11 seconds west a distance of 1149.63 feet to a point; thence, south 88 degrees 30 minutes 41 seconds west a distance of 135.0 feet to a point, said point being on the east right of way of Houston Avenue; thence, south 88 degrees 30 minutes 41 seconds west a distance of 50.0 feet to a point on the west right of way of Houston Avenue; thence, south 88 degrees 30 minutes 41 seconds west a distance of 581.31 feet to a point; thence, north 1 degree 47 minutes 26 seconds west a distance of 149.68 feet to a point; thence, north 2 degrees 00 minutes west a distance of 255.0 feet to a point; thence, north 0 degrees 58 minutes 38 seconds east a distance of 135.69 feet to a point; thence, north 01 degrees 07 minutes 55 seconds east a distance of 251.29 feet to a point; thence, north 0 degrees 07 minutes 55 seconds east a distance of 129.45 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 136.26 feet to a point, said point being on the east right of way of Fallingleaf Lane; thence, north 89 degrees 02 minutes 56 seconds west a distance of 50.0 feet to a point; thence, along the right of way of said street north 0 degrees 57 minutes 04 seconds east a distance of 215.39 feet to a point; thence, north 41 degrees 12 minutes west a distance of 329.90 feet to a point; thence, north 1 degree 08 minutes 00 seconds east a distance of 404.92 feet to a point; thence, north 1 degree 08 minutes 00 seconds east a distance of 314.29 feet to a point; thence, north 84 degrees 43 minutes 30 seconds west a distance of 488.92 feet to a point; thence, south 37 degrees 14 minutes 06 seconds Page 4226 west a distance of 27.42 feet to a point; thence, running south 88 degrees 03 minutes 30 seconds west a distance of 2172.60 feet to a point on the east right of way of North Forrest Street; thence, running south 88 degrees 16 minutes west a distance of 80.0 feet to a point on the west right of way of North Forrest Street; thence, north 00 degrees 25 minutes 17 seconds west along the west right of way of Forrest Street a distance of 199.50 feet to a point, said point being the intersection of the north right of way of the Perimeter Road with the west right of way of Forrest Street; thence, south 89 degrees 26 minutes 43 seconds west along the north right of way of the Perimeter Road a distance of 677.32 feet to a point; thence, north 01 degrees 00 minutes east a distance of 238.5 feet to a point; thence, south 88 degrees 55 minutes west a distance of 260.06 feet to a point; thence, north 17 degrees 03 minutes east a distance of 192 feet plus or minus to a point, said point being on the south right of way of Engberg Avenue; thence, along said south right of way north 89 degrees 05 minutes west a distance of 1215 feet plus or minus to a point, said point being the point of a 50 foot mitered right of way; thence, south 54 degrees 09 minutes west a distance of 80.11 feet along said mitered right of way to a point, said point being on the east right of way of Bemiss Road; thence, south 17 degrees 23 minutes 13 seconds west along said east right of way a distance of 616.50 feet to a point; thence, south 71 degrees 30 minutes east a distance of 1219.88 feet plus or minus to a point; thence, south 17 degrees 03 minutes west a distance of 80 feet to a point; thence, north 89 degrees 00 minutes east a distance of 514 feet to a point; thence, north 1 degree 00 minutes east a distance of 310.40 feet to a point; thence, north 89 degrees 15 minutes east a distance of 685.81 feet to a point, said point being on the west right of way of Forrest Street; thence, running south 1 degree 44 minutes east along the west margin of North Forrest Street a distance of 1036.29 feet to a point where the west margin of North Forrest Street intersects the south margin of Highland Heights Drive; thence, running along said south margin of Highland Heights Drive north 88 degrees 43 minutes 06 seconds west a distance of 679.33 feet to a point; thence, continuing along said right of way south 79 degrees 29 minutes 30 seconds west a distance of 841.76 Page 4227 feet to a point; thence, south 17 degrees 41 minutes 30 seconds west a distance of 604.80 feet to a point; thence, north 69 degrees 39 minutes 30 seconds west a distance of 634.50 feet to a point; thence, south 20 degrees 46 minutes 30 seconds west a distance of 523.53 feet to a point; thence, south 71 degrees 25 minutes 30 seconds east a distance of 624.21 feet to a point; thence, south 18 degrees 04 minutes 30 seconds west a distance of 378.18 feet to a point; thence, north 74 degrees 26 minutes 41 seconds west a distance of 930.0 feet to a point; thence, south 16 degrees 24 minutes 02 seconds west a distance of 90 feet to a point; thence, north 74 degrees 26 minutes 41 seconds west a distance of 300 feet to a point, said point being on the east right of way of Bemiss Road; thence, along said right of way north 19 degrees 30 minutes east a distance of 469.67 feet to a point; thence, north 70 degrees 30 minutes west a distance of 100.0 feet to a point, said point being on the west right of way of Bemiss Road; thence, north 70 degrees 30 minutes west a distance of 414.86 feet to a point; thence, north 19 degrees 30 minutes east a distance of 210 feet to a point; thence, north 70 degrees 44 minutes 03 seconds west a distance of 1055.27 feet to a point; thence, west 1 degree 51 minutes 06 seconds east a distance of 255.96 feet to a point; thence, north 86 degrees 57 minutes 28 seconds west a distance of 1598.46 feet to a point; thence, south 0 degrees 28 minutes 39 seconds west a distance of 736.21 feet to a point; thence, south 86 degrees 46 minutes west 1059.21 feet to a point; thence, north 0 degrees 09 minutes 0 seconds west a distance of 576.72 feet to a point, said point being on the south right of way of Murray Road; thence, along said right of way north 89 degrees 51 minutes 00 seconds east a distance of 697.25 feet to a point; thence, north 0 degrees 09 minutes 0 seconds west a distance of 540.85 feet to a point; thence, south 89 degrees 51 minutes 0 seconds west a distance of 60 feet to a point; thence, south 0 degrees 09 minutes 0 seconds east a distance of 480.85 feet to a point, said point being on the north right of way of Murray Road; thence, along said right of way south 89 degrees 51 minutes 0 seconds west a distance of 1333.18 feet to a point; thence, north 0 degrees 02 minutes west a distance of 125.00 feet to a point; thence, south 89 degrees 51 minutes west a distance of 348.48 feet to a point, said Page 4228 point being on the east right of way of Oak Street Extension; thence, north 01 degrees 02 minutes east along said right of way a distance of 125 feet to a point; thence, south 88 degrees 58 minutes east a distance of 650.0 feet to a point; thence, north 01 degrees 02 minutes east a distance of 551.0 feet to a point; thence, north 88 degrees 50 minutes east a distance of 300.0 feet to a point; thence, south 01 degrees 02 minutes west a distance of 401.0 feet to a point; thence, north 88 degrees 58 minutes west a distance of 350.0 feet to a point, said point being on the east right of way of Oak Street Extension 566.89 feet south of the south right of way of the Inner-Perimeter Road; thence, along the east right of way of Oak Street Extension, north 0 degrees 02 minutes west a distance of 1678.69 feet to the 57/58 and 35/36 Land Lot Line; thence, along the east right of way of Oak Street Extension, north 0 degrees 02 minutes west a distance of 501.35 feet to a point, said point being the point of tangent of Oak Street Extension curve (Radius 1056.3 feet) and Cherry Creek Road; thence, continuing along the projected right of way of Cherry Creek Road north 3 degrees 45 minutes west a distance of 126.57 feet to a point; thence, north 87 degrees 22 minutes east a distance of 296.76 feet to a point; thence, north 02 degrees 38 minutes west a distance of 174.51 feet to a point; thence, north 87 degrees 22 minutes east a distance of 910.00 feet to a point; thence, north 02 degrees 38 minutes west a distance of 919.86 feet to a point, said point being on the south right of way of Oak Street Extension; thence, north 2 degrees 38 minutes west a distance of 80.0 feet to a point on the north right of way of Oak Street Extension; thence, along the north (and west) right of way of Oak Street Extension, south 87 degrees 22 minutes west a distance of 343.76 feet to a point; thence, along the arc 648.04 feet whose bearing is south 56 degrees 52 minutes west and chord is 617.86 feet to a point; thence, south 26 degrees 22 minutes west a distance of 522.50 feet to a point; thence, along the arc 177.70 feet whose bearing is south 21 degrees 52 minutes west and whose chord is 176.15 feet to a point, said point being the intersection of the west right of way of Oak Street Extension and the east right of way of Cherry Creek Road; thence, along the right of way of Cherry Road, north 01 degrees Page 4229 39 minutes west a distance of 586.41 feet to a point where the south property line of Windsor Park intersects the east right of way of Cherry Creek Road; thence, continuing along said margin of Cherry Creek Road (North Oak Street Extension) north 01 degrees 39 minutes west a distance of 1877.09 feet (Windsor Park) to a point; thence, south 88 degrees 21 minutes west a distance of 80 feet to a point on the west margin of Cherry Creek Road; thence, along the west margin of Cherry Creek Road (Staten Road) north 1 degree 22 minutes 35 seconds west a distance of 3760.68 feet to a point; thence, continuing along said margin north 1 degree 31 minutes 54 seconds west a distance of 300.08 feet to a point, said point being on the south margin of Lake Shore Drive, South; thence, along the west margin of Cherry Creek Road (Staten Road), north 1 degree 36 minutes west a distance of 1891.50 feet to a point, said point being on the south margin of Cherry Creek Drive; thence, continuing along the west margin of Cherry Creek Road, north 1 degree 55 minutes 52 seconds west a distance of 3479.27 feet to a point, said point being a jog in the right of way; thence, along said jog, north 88 degrees 17 minutes 52 seconds east a distance of 10.0 feet to a point; thence, along the west margin of Cherry Creek, north 1 degree 39 minutes 08 seconds west a distance of 1172.02 feet to a point, said point being the intersection of Land Lots 38, 39, 54 and 55 with the west margin of said road; thence, continuing to run the west margin of Cherry Creek Road, north 1 degrees 23 minutes 33 seconds west a distance of 1266.0 feet to a point; thence, north 48 degrees 42 minutes 34 seconds west a distance of 214.25 feet to a point; thence, south 81 degrees 30 minutes 35 seconds west a distance of 124.61 feet to a point; thence, north 66 degrees 57 minutes 50 seconds west a distance of 81.46 feet to a point; thence, north 66 degrees 29 minutes 34 seconds west a distance of 77.0 feet to a point; thence, north 54 degrees 10 minutes 35 seconds west a distance of 112.44 feet to a point; thence, north 29 degrees 24 minutes 52 seconds west a distance of 84.26 feet to a point; thence, south 68 degrees 57 minutes 15 seconds west a distance of 157.32 feet to a point; thence, north 53 degrees 17 minutes 34 seconds west a distance of 40.0 feet to a point, said point being the run of the Withlacoochee Page 4230 River; thence, along the run of the Withlacoochee River which has a computed chord of south 50 degrees 35 minutes 47 seconds west a distance of 4690.88 feet to a point, said point being the intersection of the run of the Withlacoochee River with the 9th and 38th Land Lot Line; thence, along said land lot line, south 1 degree 10 minutes 39 seconds east a distance of 3107.67 feet to a point, said point being the intersection of Land Lots 9, 10, 37 and 38; thence, along the 10th and 37th Land Lot Line, south 1 degree 10 minutes 10 seconds east a distance of 5062.35 feet to a point, said point being the intersection of Land Lots 10, 11, 36 and 37; thence, along the 10th and 11th Land Lot Line, north 89 degrees 24 minutes west a distance of 2512 feet more or less to the center of the Withlacoochee River; thence, in a southwesterly direction along the meandering centerline of the Withlacoochee River, 3280 feet more or less to a point (or for measurement purposes only, on a bearing of south 39 degrees 6 minutes west a distance of 2328 feet to a point), said point being the intersection of the center of the Withlacoochee River with the east right of way of the North Valdosta Road (I-75 Loop and US 41); thence, along the east right of way of North Valdosta Road, south 36 degrees 54 minutes east a distance of 3141 feet to a point, said point being the intersection of the north radius of the Old National Highway with the east right of way of the North Valdosta Road; thence, along the north radius a distance of 360 feet more or less to the tangent point on the Old National Highway (285 feet east of the east right of way of the North Valdosta Road); thence, along the north right of way of the Old National Highway, south 87 degrees 48 minutes east a distance of 1050 feet more or less to a point; thence, continuing along the north right of way, north 86 degrees 53 minutes east a distance of 1070 feet plus or minus to a point, said point being the intersection of the projected west right of way of County Club Road and the north right of way of the Old National Highway; thence, along the projected west right of way of Country Club Road, south 0 degrees 23 minutes east a distance of 50.06 feet to a point where the south right of way of the Old National Highway intersects the west right of way of Country Club Road; thence, continuing along the west right of way Page 4231 of Country Club Road, south 0 degrees 23 minutes east a distance of 1599.14 feet to a point; thence, north 81 degrees 17 minutes 30 seconds west a distance of 435.20 feet to a point; thence, south 34 degrees 47 minutes 30 seconds west a distance of 180.0 feet to a point, said point being on the north right of way of U. S. Highway 41; thence, in an easterly direction along the curving right of way a chord distance of 149.15 feet to a point; thence, along the right of way south 81 degrees 19 minutes east a distance of 284.80 feet to a point, said point being the northwest miter of U. S. Highway 41 and the west right of way of Country Club Road; thence, south 0 degrees 23 minutes east a distance of 200 feet plus or minus to a point, said point being the southwest miter of U. S. Highway 41 and west right of way of Country Club Road; thence, along the south right of way of U. S. Highway 41 north 81 degrees 19 minutes west a distance of 315.10 feet to a point; thence, along the curving right of way a chord bearing and distance of north 60 degrees 07 minutes 58 seconds west a distance of 1525.0 feet to a point; thence, continuing along the south right of way north 35 degrees 33 minutes west a distance of 1357.52 feet to a point, said point being the south right of way of a 60 foot County Road; thence, north 32 degrees 55 minutes 28 seconds west a distance of 76.40 feet to a point, said point being the north right of way of the 60 foot road; thence, continuing north 32 degrees 55 minutes 28 seconds west along the right of way of U. S. Highway 41 a distance of 785.0 feet to a point, said point being the south right of way of an 80 foot County Road; thence, along said right of way, south 57 degrees 04 minutes 44 seconds west a distance of 94.25 feet to a point; thence, continuing along said curving right of way an arc distance of 258.51 feet whose chord bearing and distance is south 79 degrees 15 minutes 49 seconds west a distance of 252.10 feet to a point; thence, south 26 degrees 00 minutes 00 seconds east a distance of 218.74 feet to a point; thence, south 84 degrees 33 minutes 00 seconds east a distance of 316.59 feet to a point; thence, south 26 degrees 00 minutes east a distance of 351.61 feet to a point, said point being on the north right of way of the 60 foot County Road; thence, south 5 degrees 29 minutes 30 seconds west a distance of 60 feet to a point, Page 4232 said point being on the south right of way of the County Road; thence, along said south right of way north 87 degrees 08 minutes west a distance of 943.62 feet to a point; thence, south 28 degrees 04 minutes 05 seconds east a distance of 116.58 feet; thence, south 22 degrees 11 minutes 33 seconds east a distance of 1407.48 feet to a point; thence, south 02 degrees 30 minutes west a distance of 1570 feet to a point; thence, south 28 degrees 0 minutes east a distance of 910 feet to a point; thence, south 23 degrees 55 minutes west a distance of 114.34 feet to a point; thence, north 84 degrees 55 minutes east a distance of 945 feet to a point; thence, south 03 degrees 23 minutes 17 seconds east a distance of 139.96 feet to a point, said point being on the north right of way of Pebblewood Drive; thence, along said right of way, north 89 degrees 58 minutes 30 seconds east a distance of 9.33 feet to a point; thence, south 4 degrees 35 minutes 69 seconds west a distance of 50.16 feet to a point, said point being on the south right of way of Pebblewood Drive; thence, continuing south 4 degrees 35 minutes 59 seconds west a distance of 556.92 feet to a point; thence, north 89 degrees 55 minutes 33 seconds west a distance of 340.02 feet to a point; thence, south 0 degrees 36 minutes 05 seconds west a distance of 656.68 feet to a point, said point being on the north right of way of Pebblewood Drive; thence, along said right of way, north 87 degrees 01 minutes 17 seconds east a distance of 146.59 feet to a point; thence, south 2 degrees 58 minutes 43 seconds east a distance of 50.0 feet to the south right of way of Pebblewood Drive; thence, south 2 degrees 58 minutes 43 seconds east a distance of 150 feet to a point; thence, south 86 degrees 49 minutes west a distance of 383.70 feet to a point; thence, south 86 degrees 49 minutes 00 seconds west a distance of 650.00 feet to a point; thence, south 3 degrees 11 minutes 00 seconds east a distance of 785.00 feet to a point; thence, north 86 degrees 49 minutes 00 seconds east a distance of 440.00 feet to a point; thence, south 3 degrees 11 minutes 00 seconds east along the right of way of Laura Road a distance of 50.0 feet; thence, north 86 degrees 49 minutes 00 seconds east a distance of 210.00 feet to a point; thence, south 3 degrees 11 minutes east a distance of 105 feet to a point; thence, south 7 degrees 56 minutes 49 seconds east a Page 4233 distance of 120.42 feet to a point; thence, south 0 degrees 27 minutes 00 seconds west a distance of 100.00 feet to a point; thence, south 19 degrees 38 minutes 20 seconds west a distance of 135.51 feet to a point; thence, north 85 degrees 40 minutes 00 seconds west a distance of 195.0 feet to a point; thence, south 80 degrees 54 minutes 33 seconds west a distance of 124.50 feet to a point; thence, south 44 degrees 05 minutes 26 seconds west a distance of 102.76 feet to a point; thence, south 11 degrees 04 minutes 22 seconds west a distance of 105.40 feet to a point; thence, south 2 degrees 43 minutes 00 seconds east a distance of 109.93 feet to a point; thence, south 87 degrees 17 minutes 00 seconds west a distance of 37.01 feet to a point; thence, south 66 degrees 55 minutes west a distance of 157.25 feet to a point; thence, south 29 degrees 37 minutes west a distance of 164.62 feet to a point; thence, southwesterly a distance of 15.0 feet to a point; thence, north 59 degrees 54 minutes 08 seconds west a distance of 26.23 feet to a point; thence, south 11 degrees 00 minutes 42 seconds west a distance of 224.45 feet to a point; thence, south 14 degrees 27 minutes 40 seconds east a distance of 282.83 feet to a point, said point being an extension of the north right of way of Lake Drive; thence, along said north right of way extension north 66 degrees 51 minutes 00 seconds east a distance of 143.17 feet; thence, south 23 degrees 09 minutes east a distance of 50.0 feet to a point on the south right of way of Lake Drive; thence, along said right of way south 60 degrees 51 minutes west a distance of 87.60 feet to a point; thence, south 23 degrees 09 minutes east a distance of 260.30 feet to a point, said point being in the centerline of Two Mile Branch; thence, running westerly along the meanderings of the center of the run of Two Mile Branch to its intersection with the center of the run of another certain branch known as Sugar Creek; thence, running southerly and along the center of the run of said Sugar Creek to the west margin of the right of way of the Georgia Southern and Florida Railroad; thence, running north 19 degrees 29 minutes 30 seconds west along the west margin of said railroad right of way a distance of 430 feet to a point; thence, north 19 degrees 40 minutes 57 seconds west a distance of 756.10 feet to a point; thence, north 20 degrees 34 minutes 24 seconds Page 4234 west a distance of 197.83 feet to a point; thence, north 22 degrees 33 minutes 09 seconds west a distance of 18.70 feet to a point; thence, north 22 degrees 33 minutes 09 seconds west a distance of 179.96 feet to a point; thence, north 24 degrees 32 minutes 26 seconds west a distance of 199.04 feet to a point; thence, north 26 degrees 35 minutes 26 seconds west a distance of 199.07 feet to a point; thence, along the north (and west) right of way, south 60 degrees 59 minutes 42 seconds west a distance of 226.21 feet to a point; thence, along the arc a distance of 361.49 feet whose chord is south 29 degrees 37 minutes 47 seconds west a distance of 341.82 feet to a point; thence, north 88 degrees 31 minutes west a distance of 140.0 feet to a point; thence, north 1 degree 29 minutes east 270.59 feet to a point; thence, north 67 degrees 17 minutes west 97.82 feet; thence, south 58 degrees 08 minutes west 674.0 feet; thence, south 62 degrees 09 minutes west 278.0 feet; thence, south 53 degrees 39 minutes west 480.0 feet; thence, south 82 degrees 16 minutes west 125.31 feet; thence, south 9 degrees 39 minutes west 152.07 feet; thence, north 36 degrees 21 minutes west a distance of 221.80 feet to a point; thence, south 80 degrees 30 minutes west a distance of 329.06 feet to a point; thence, south 53 degrees 39 minutes west a distance of 538.00 feet to a point; thence, south 36 degrees 23 minutes west a distance of 298.44 feet to a point; thence, south 3 degrees 11 minutes west a distance of 771.20 feet; thence, south 88 degrees 43 minutes west a distance of 788.61 feet to a point; thence, south 0 degrees 50 minutes east a distance of 399.63 feet to a point; thence, south 89 degrees 20 minutes west a distance of 200 feet to a point; thence, south 0 degrees 07 minutes east a distance of 149.70 feet to a point, said point being on the east margin of the frontage road (access road); thence, along said margin south to a point, said point being the intersection of Frontage Road and the north margin of Baytree Road; thence, north 88 degrees 45 minutes east along said north margin a distance of 537.06 feet to a point; thence, north 20 degrees 46 minutes east a distance of 737.39 feet to a point; thence, south 89 degrees 24 minutes 42 seconds east a distance of 321.04 feet to a point; thence, south 89 degrees 40 minutes 22 seconds east a distance of 317.22 feet to a point; thence, Page 4235 south 89 degrees 13 minutes 57 seconds east a distance of 200.45 feet to a point; thence, south 89 degrees 35 minutes 16 seconds east a distance of 196.36 feet to a point; thence, north 89 degrees 13 minutes 57 seconds west a distance of 245.0 feet to a point, said point being on the north right of way of Gornto Road; thence, running southerly along the west margin of Gornto Road to the intersection of the west margin of Gornto Road with the south margin of Springhill Drive; thence, along the south right of way of Springhill Drive, south 89 degrees 50 minutes, 0 seconds west a distance of 209.0 feet to a point; thence, south 0 degrees 55 minutes 13 seconds west a distance of 209.0 feet to a point; thence, south 89 degrees 50 minutes 0 seconds west a distance of 106.21 feet to a point; thence, north 0 degrees 15 minutes west a distance of 209.25 feet to a point on the south right of way of Springhill Drive; thence, west along the south right of way of Springhill Drive, south 89 degrees 50 minutes west a distance of 310.5 feet; thence, south 0 degrees 30 minutes west a distance of 209.5 feet to a point; thence, south 0 degrees 20 minutes east a distance of 209 feet to a point, said point being on the north right of way of Baytree Road; thence, north 88 degrees 22 minutes east along the right of way to a point where the projected west right of way of Ellis Drive intersects the north right of way of Baytree Road; thence, running southwesterly across Baytree Road right of way and along the west margin of Ellis Drive a distance of 1073.00 feet to a point; thence, north 89 degrees 44 minutes west a distance of 203.56 feet; thence, north 3 degrees 54 minutes east a distance of 57.38 feet; thence, north 87 degrees 13 minutes west a distance of 243.25 feet to a point on the east margin of Springhill Drive (also known as Twin Street); thence, south 6 degrees 18 minutes west a distance of 184.25 feet along the east margin of Springhill Drive; thence, south 02 degrees 50 minutes 05 seconds west a distance of 200.0 feet to a point, said point being on the north right of way of Georgia 94; thence, running north 61 degrees 24 minutes west along said margin a distance of approximately 123 feet to a point, said point being located on the west margin of Twin Street (known as Springhill Drive); thence, along said west margin, north 3 degrees 34 minutes 00 seconds west a distance of 193.08 Page 4236 feet to a point; thence, north 6 degrees 02 minutes 00 seconds west a distance of 125.0 feet to a point; thence, north 9 degrees 44 minutes 00 seconds east a distance of 70 feet to a point; thence, north 59 degrees 58 minutes 48 seconds west a distance of 63.36 feet to a point; thence, south 56 degrees 29 minutes 20 seconds west a distance of 181.97 feet to a point; thence, north 63 degrees 58 minutes 00 seconds west a distance of 21.80 feet to a point; thence, south 26 degrees 02 minutes west a distance of 120.0 feet to a point; thence, south 56 degrees 00 minutes 51 seconds east a distance of 20.57 feet to a point; thence, south 34 degrees 05 minutes 25 seconds west a distance of 60.52 feet to a point on the north margin of State Road 94; thence, north 61 degrees 24 minutes west along the north right of way of Georgia 94 (St. Augustine Road) to a point; thence, north 60 degrees 45 minutes west along the north right of way of Georgia 94 to a point where the north right of way of Georgia 94 intersects the east right of way of I-75; thence, north 40 degrees 36 minutes 30 seconds west a distance of 236 feet more or less to a point on the east right of way of I-75; thence, north 18 degrees 55 minutes west a distance of 442 feet more or less to a point on the east right of way of I-75; thence, north 35 degrees 38 minutes 30 seconds west a distance of 570 feet more or less to a point on the east right of way of I-75; thence, north 18 degrees 51 minutes west a distance of 801 feet more or less to a point on the east right of way of I-75; thence, south 71 degrees 09 minutes west a distance of 300.00 feet to a point on the west right of way of I-75; thence, south 30 degrees 08 minutes 07 seconds west a distance of 443.10 feet to a point; thence, south 1 degrees 35 minutes 45 seconds east a distance of 280.03 feet to a point, said point being on the north right of way of Baytree Road Extension; thence, along the north right of way of Baytree Road, north 88 degrees 24 minutes 15 seconds east a distance of 400.00 feet to a point on the west right of way of I-75; thence, south 8 degrees 51 minutes east a distance of 373.18 feet to a point on the west right of way of I-75; thence, south 8 degrees 51 minutes east a distance of 373.18 feet to a point on the west right of way of I-75; thence, south 56 degrees 54 minutes east a distance of 58 feet more or less to a point where the west right of way of I-75 intersects the north right of way of GA 94; thence, along the north Page 4237 right of way of GA 94 north 60 degrees 50 minutes west a distance of 611.5 feet to a point, said point being the intersection of the east right of way of Baytree Road Extension and the north right of way of GA 94; thence, north 60 degrees 50 minutes west a distance of 117.69 feet to a point, said point being the west right of way of Baytree Road Extension; thence, along said west right of way south 88 degrees 31 minutes west a distance of 15.69 feet to a point, said point being the north right of way of GA 94; thence, along the right of way of GA 94 north 60 degrees 50 minutes west a distance of 649.90 feet plus or minus to a point; thence, north 1 degree 30 minutes west a distance of 2423.60 feet to the run of the Withlacoochee River; thence, along the run in a southerly direction a distance of 1640 feet plus or minus to a point, said point being on the west original line of Land Lot 14; thence, along said land lot line, south 2 degrees 35 minutes east a distance of 1219.69 feet to a point; thence, south 89 degrees 12 minutes east a distance of 224.41 feet to a point; thence, south 1 degree 18 minutes 55 seconds east a distance of 396.0 feet to a point; thence, south 1 degree 47 minutes east a distance of 357.15 feet to a point, said point being on the north right of way of GA 94; thence, north 60 degrees 50 minutes west along said right of way a distance of 255.92 feet to a point, said point being on the north right of way of GA 94 and the west original line of Land Lot 14; thence, south 29 degrees 10 minutes west a distance of 60 feet to a point, said point being on the south right of way of GA 94; thence, south 60 degrees 50 minutes east a distance of 1048 feet more or less to a point; thence, south 32 degrees 25 minutes 33 seconds east a distance of 42.04 feet to a point; thence, south 1 degrees 33 minutes east a distance of 2476.67 feet to a point; thence, south 89 degrees 32 minutes east a distance of 802.38 feet to a point, said point being on the west right of way of James Road; thence, along said right of way north 2 degrees 00 minutes west a distance of 2037.0 feet to a point, said point being the south right of way of GA 94; thence, along said right of way south 60 degrees 50 minutes east a distance of 80 feet more or less to a point, said point being the east right of way of James Road; thence, along said right of way south 2 degrees 12 minutes 34 seconds Page 4238 west a distance of 282.09 feet to a point; thence, south 55 degrees 48 minutes 30 seconds east a distance of 121.97 feet to a point; thence, north 74 degrees 34 minutes 37 seconds east a distance of 198.65 feet to a point, said point being on the west right of way of I-75; thence, south 19 degrees 03 minutes east a distance of 391 feet more or less along the right of way of I-75 to a point; thence, south 35 degrees 14 minutes 30 seconds east a distance of 496 feet more or less along the right of way of I-75 to a point; thence, south 18 degrees 51 minutes east a distance of 765 feet more or less along the west right of way of I-75 to a point; thence, south 18 degrees 39 minutes east a distance of 111 feet more or less along the west right of way of I-75 to a point; thence, north 71 degrees 21 minutes east a distance of 300.00 feet to the east right of way of I-75; thence, south 62 degrees 35 minutes 34 seconds east a distance of 141.39 feet to a point; thence, south 72 degrees 23 minutes 58 seconds west a distance of 100.25 feet to a point, said point being on the east right of way of I-75; thence, along said curving right of way a chord bearing and distance of south 20 degrees 23 minutes 02 seconds east a distance of 679.38 feet to a point; thence, north 29 degrees 01 minutes 20 seconds east a distance of 322.47 feet to a point; thence south 61 degrees 04 minutes 42 seconds east a distance of 50.0 feet to a point; thence, south 61 degrees 21 minutes 40 seconds east a distance of 468.69 feet to a point; thence, south 61 degrees 24 minutes east a distance of 210.0 feet; thence, north 28 degrees 06 minutes east a distance of 838.20 feet to a point on the south margin of U. S. Highway 94; thence, continuing along the south right of way of St. Augustine Road (SR 94), south 63 degrees 51 minutes 57 seconds east a distance of 220 feet, more or less, to a point, said point located at the southeast corner of Valhalla Drive and St. Augustine Road; thence, south 63 degrees 51 minutes 57 seconds east a distance of 547.36 feet to a point; thence, south 63 degrees 54 minutes east a distance of 307.25 feet to a point, said point being the intersection of the west right of way of Norman Drive and the south right of way of St. Augustine Road; thence, along the curving west right of way of Norman Drive a chord bearing and distance of south 12 degrees 09 minutes 34 seconds west a distance of 205.68 feet to a point; Page 4239 thence, north 63 degrees 55 minutes west a distance of 160.76 feet to a point; thence, south 29 degrees 32 minutes west a distance of 110.0 feet to a point; thence, south 1 degree 20 minutes east a distance of 80.0 feet to a point; thence, south 86 degrees 00 minutes east a distance of 200.0 feet to a point, said point being on the west right of way of Norman Drive; thence, along said right of way south 1 degree 20 minutes east a distance of 155.63 feet to a point; thence, continuing along said right of way south 00 degrees 12 minutes west a distance of 1382.0 feet to a point; thence, south 89 degrees 48 minutes east a distance of 10 feet to a point; thence, along the west right of way of Norman Drive, south 00 degrees 12 minutes west a distance of 722.4 feet to a point; thence, south 89 degrees 48 minutes east a distance of 80 feet to a point, said point being on the east right of way of Norman Drive; thence, north 88 degrees 12 minutes 18 seconds east a distance of 707.05 feet to a point; thence, south 1 degree 30 minutes east a distance of 50 feet to a point; thence, north 88 degrees 30 minutes east a distance of 733 feet to a point; thence, north 1 degree 30 minutes west a distance of 50 feet to a point; thence, north 88 degrees 30 minutes east a distance of 480 feet to a point; thence, north 50 degrees 30 minutes east a distance of 618 feet to a point, said point being on the west right of way of St. Augustine Road; thence, along said right of way north 47 degrees 00 minutes west a distance of 203 feet to a point, said point being the south right of way of Hightower Circle (South); thence, along said south right of way south 50 degrees 30 minutes west a distance of 482 feet to a point; thence, along the curving right of way of Hightower Circle (South) a distance of 60 feet plus or minus to a point; thence, continuing along said right of way south 88 degrees 30 minutes west a distance of 456 feet to a point; thence, south 1 degree 00 minutes east a distance of 200 feet to a point; thence, south 88 degrees 30 minutes west a distance of 623 feet to a point; thence, north 24 degrees 14 minutes 51 seconds east a distance of 90.7 feet to a point; thence, north 09 degrees 17 minutes east a distance of 201.20 feet to a point; thence, north 24 degrees 12 minutes 21 seconds east a distance of 79.59 feet to a point; thence, north 25 degrees 31 minutes 41 seconds east a distance of 133.72 feet to Page 4240 a point; thence, north 27 degrees 14 minutes 37 seconds east a distance of 127.54 feet to a point; thence, north 42 degrees 14 minutes 29 seconds east a distance of 92.27 feet to a point; thence, north 24 degrees 52 minutes 53 seconds east a distance of 79.21 feet to a point; thence, north 52 degrees 32 minutes 06 seconds west a distance of 1130.63 feet to a point; thence, north 1 degree 20 minutes west a distance of 525.93 feet to a point; thence, south 88 degrees 40 minutes west a distance of 10.0 feet to a point; thence, north 29 degrees 32 minutes east a distance of 199.02 feet to a point, said point being on the south right of way of St. Augustine Road; thence, south 63 degrees 54 minutes east a distance of 382.65 feet to a point; thence, south 59 degrees 15 minutes east a distance of 95.12 feet to a point; thence, north 30 degrees 45 minutes east a distance of 80.00 feet to a point on the north side of St. Augustine Road; thence, north 25 degrees 07 minutes east a distance of 1420.30 feet to a point; thence, south 65 degrees 17 minutes east a distance of 1018.97 feet to a point; thence, north 22 degrees 52 minutes 30 seconds east a distance of 524.33 feet to a point, said point in the center of the run of Sugar Creek; thence, along the run of Sugar Creek, north 2 degrees 23 minutes west a distance of 128.48 feet to a point; thence, north 78 degrees 33 minutes 10 seconds west a distance of 1187.42 feet to a point; thence, north 21 degrees 01 minutes 30 seconds west a distance of 890.34 feet to a point; thence, north 16 degrees 06 minutes 20 seconds west a distance of 319.23 feet to a point, said point being on the south right of way of Baytree Road; thence, along the south right of way of Baytree Road, north 88 degrees 22 minutes east a distance of 1096.81 feet to a point, said point being the center of the run of Sugar Creek; thence, continuing along the south right of way of Baytree Road, north 88 degrees 22 minutes east a distance of 299.95 feet to a point, said point being the intersection of Baytree Road right of way with the west right of way of Georgia Southern and Florida Railroad right of way; thence, continuing eastwardly along the south margin of Baytree Road to its intersection with the west margin of Melody Lane; thence, running southerly along the west margin of Melody Lane to a point, said point being the center of the run of One Mile Branch; Page 4241 thence, running westerly along the meanderings of the center of the run of said One Mile Branch to the west margin of Gordon Street; thence, running north 33 degrees 37 minutes west along the west margin of Gordon Street a distance of 469 feet; thence, running south 40 degrees west 216 feet to the east margin of the right of way of the Georgia Southern and Florida Railroad; thence, running north along said east margin of said railroad right of way a distance of 765 feet; thence, running south 40 degrees west to the center of the run of Sugar Creek; thence, running southerly and easterly along the meander of Sugar Creek 260 feet plus or minus to a point, said point being the lot line between Lot 8 and Lot 9 of Block B of Jimmy Rodgers Property; thence, in a southwesterly directions along said lot line a distance of 232.68 feet to a point, said point being on the east margin of Parker Mathis Drive; thence, along said east margin in a southeasterly direction a distance of 513 feet more or less to a point; thence, in a northeasterly direction a distance of 95 feet to a point; thence, in a southeasterly direction a distance of 150 feet to a point, said point being on the north margin of Rouse Road; thence, along said margin, north 47 degrees 30 minutes east a distance of 110 feet to a point; thence, in a northwesterly direction a distance of 150 feet to a point; thence, in a northeasterly direction a distance of 253.78 feet to a point, said point being the centerline of the run of Sugar Creek; thence, running southerly and easterly along the meanderings of the center of the run of Sugar Creek to its intersection with One Mile Branch; thence, continuing along the run of Sugar Creek in a southeasterly direction a distance of 185 feet more or less to a point, said point being on the south right of way of Rouse Road; thence, along said right of way south 47 degrees 30 minutes west a distance of 257.10 feet to a point, said point being on the west right of way of Roberts Street; thence, along said right of way south 42 degrees 30 minutes east a distance of 133.80 feet to a point; thence, south 47 degrees 30 minutes west a distance of 167.5 feet to a point; thence, north 42 degrees 30 minutes west a distance of 133.8 feet to a point, said point being on the south margin of Rouse Road; thence, along said margin, south 47 degrees 30 minutes Page 4242 west a distance of 147.5 feet to a point, said point being on the east margin of Parker Mathis Drive; thence, along said margin, south 42 degrees 30 minutes east a distance of 633.80 feet to a point, said point being on the north margin of Lankford Drive; thence, along said margin, north 48 degrees 25 minutes east a distance of 365 feet more or less to a point, said point being on the east margin of Roberts Street; thence, along said margin north 42 degrees 30 minutes west a distance of 125.90 feet to a point; thence, north 49 degrees 18 minutes east a distance of 240.17 feet to a point, said point being the centerline of the run of Sugar Creek; thence, south 51 degrees 00 minutes east a distance of 131.74 feet along Sugar Creek to a point, said point also being on the north right of way of Lankford Drive; thence, along the north right of way of Lankford Drive, north 48 degrees 25 minutes east a distance of 146.43 feet; thence, north 41 degrees 35 minutes west a distance of 144.03 feet along the east margin of Lankford Circle (private road) to a point; thence, north 9 degrees 35 minutes west a distance of 258.05 feet to a point on the west right of way of the Georgia Southern and Florida Railroad; thence, southeasterly along the west margin of said railroad to a point, said point being the intersection of the center of the run of a small creek with the west margin of right of way of Georgia Southern and Florida Railroad; thence, south 86 degrees 28 minutes 30 seconds west a distance of 114.00 feet along a small creek; thence, north 70 degrees 51 minutes west a distance of 116.40 feet along said creek; thence, south 79 degrees 37 minutes west a distance of 120.68 feet along said creek; thence, south 60 degrees 25 minutes west a distance of 148.06 feet along said creek; thence, south 41 degrees 49 minutes east a distance of 207.08 feet along said creek; thence, south 38 degrees 44 minutes east a distance of 101.69 feet along said creek; thence, south 22 degrees 26 minutes 30 seconds west a distance of 70.32 feet along said creek; thence, south 06 degrees 44 minutes east a distance of 61.62 feet along said creek; thence, south 20 degrees 42 minutes east a distance of 61.08 feet along said creek; thence, south 20 degrees 24 minutes east a distance of 61.03 feet along said creek; thence, south 01 degrees 39 minutes east a distance of 31.01 feet along said creek; thence, south 18 Page 4243 degrees 10 minutes west a distance of 79.62 feet along said creek; thence, south 02 degrees 49 minutes 49 seconds east a distance of 43.56 feet along said creek; thence, south 22 degrees 41 minutes west a distance of 62.53 feet along said creek; thence, south 24 degrees 58 minutes east a distance of 63.59 feet along said creek; thence, south 12 degrees 41 minutes east a distance of 69.19 feet along said creek; thence, south 07 degrees 17 minutes east a distance of 63.95 feet along said creek; thence, south 12 degrees 00 minutes east a distance of 38.63 feet along said creek; thence, south 22 degrees 45 minutes east a distance of 96.13 feet along said creek; thence, south 02 degrees 58 minutes 33 seconds east a distance of 60.01 feet along said creek to the south right of way of Magnolia Street; thence, south 01 degrees 02 minutes 23 seconds east a distance of 145.43 feet to a point; thence, south 13 degrees 36 minutes 20 seconds west along the center run of said creek a distance of 405.93 feet to a point; thence, south 23 degrees 44 minutes 40 seconds east along the center run of said creek a distance of 48.79 feet to a point; thence, north 77 degrees 17 minutes 07 seconds east a distance of 323.04 feet to a point; thence, south 21 degrees 54 minutes east a distance of 631.95 feet to a point; thence, north 46 degrees 36 minutes east a distance of 21.50 feet to a point; thence, south 21 degrees 54 minutes east a distance of 203.24 feet to a point which is on the northern margin of River Street; thence, westerly along the north margin of River Street a distance of 801.0 feet to a point; thence, north 1 degree 3 minutes west a distance of 184.12 feet to a point; thence, south 83 degrees 6 minutes west a distance of 150 feet to a point, said point being on the east margin of Blitch Street; thence, along said margin south 1 degree 03 minutes east a distance of 25.07 feet to a point; thence, south 84 degrees 08 minutes west across Blitch Street to the west right of way a distance of 39.0 feet to a point; thence, south 84 degrees 08 minutes west a distance of 198.32 feet to a point; thence, south 3 degrees 02 minutes 44 seconds east a distance of 52.50 feet to a point; thence, north 84 degrees 49 minutes 30 seconds east a distance of 196.30 feet to a point, said point being located on the west right of way of Blitch Street; thence, along the west right of way south 1 degree 03 minutes east 109.0 feet Page 4244 to a point, said point being on the north right of way of River Street; thence, along said right of way north 83 degrees 06 minutes east a distance of 39.20 feet to a point, said point being the east right of way of Blitch Street; thence, south 1 degree 03 minutes east a distance of 60 feet to a point on the south margin of River Street; thence, north 85 degrees 57 minutes 16 seconds east along the south right of way of River Street a distance of 663 feet more or less to a point, said point being the intersection of the west property line of Barbers Pool with River Street; thence, south 4 degrees 02 minutes 44 seconds east a distance of 360 feet to a point; thence, south 9 degrees 9 minutes 55 seconds east a distance of 637 feet to a point; thence, southwesterly to a point on the north margin of the old VMW Railroad right of way 960 feet easterly from the east margin of Stanley Street measured along the north margin of said railroad right of way; thence, south 82 degrees west along the north right of way of the VMW Railroad, 960 feet to a point, said point being on the east right of way of St. Augustine Road (North Stanley Street); thence, north along the curving east right of way of St. Augustine Road an arc distance of 101.02 feet to a point; thence, north 34 degrees 14 minutes west a distance of 935.09 feet to a point; thence, north along the curving east right of way of St. Augustine Road an arc distance of 236.33 feet to a point; thence, north 66 degrees 21 minutes 30 seconds east a distance of 312.75 feet to a point; thence, north 2 degrees 17 minutes west a distance of 179.17 feet to a point; thence, north 89 degrees 44 minutes 57 seconds west a distance of 79.96 feet to a point; thence, north 2 degrees 08 minutes 30 seconds east a distance of 200.00 feet to a point on the south right of way of River Street Extension; thence, along the south right of way of River Street north 85 degrees 42 minutes east a distance of 161.21 feet to a point; thence, continuing along the south right of way north 89 degrees 28 minutes 36 seconds east a distance of 118 feet to a point; thence, north 0 degrees 31 minutes 24 seconds west a distance of 50 feet to a point, said point being on the north right of way of River Street; thence, north 2 degrees 13 minutes 09 seconds east a distance of 140 feet to a point; thence, south 89 degrees 28 minutes 36 seconds west a distance of 75 feet Page 4245 to a point; thence, north 2 degrees 13 minutes 09 seconds east a distance of 12 feet to a point; thence, south 89 degrees 28 minutes 36 seconds west a distance of 160 feet to a point, said point being on the east right of way of Holloway Street; thence, along said right of way south 1 degree 47 minutes 50 seconds west a distance of 112 feet to a point, said point being on the north right of way of River Street; thence, along said right of way north 73 degrees 03 minutes 30 seconds west a distance of 31.08 feet to a point, said point being the west right of way of Holloway Street; thence, along said right of way north 1 degree 47 minutes 50 seconds east a distance of 153.67 feet to a point; thence, south 89 degrees 28 minutes 36 seconds west a distance of 138.0 feet to a point, said point being on the east right of way of Moss Oak Drive; thence, along said right of way south 28 degrees 28 minutes 36 seconds west a distance of 102.50 feet to a point, said point being on the north right of way of River Street; thence, along said right of way north 61 degrees 31 minutes 24 seconds west a distance of 30.0 feet to a point, said point being on the west right of way of Moss Oak Drive; thence, continuing along the curving right of way of River Street a chord bearing and distance north 64 degrees 56 minutes 47 seconds west a distance of 123.50 feet to a point; thence, north 26 degrees 04 minutes 23 seconds east a distance of 151.0 feet to a point; thence, north 50 degrees 36 minutes 33 seconds west a distance of 254.0 feet to a point, said point being on the east right of way of Hyde Park Avenue; thence, along said right of way south 72 degrees 33 minutes 27 seconds west a distance of 174.58 feet to a point, said point being on the east right of way of St. Augustine Road; thence, south 82 degrees 35 minutes west a distance of 80.0 feet to a point, said point being on the west right of way of St. Augustine Road; thence, along said right of way south 7 degrees 25 minutes east a distance of 219.0 feet plus or minus to a point; thence, south 82 degrees 35 minutes west a distance of 300 feet to a point; thence, north 30 degrees 06 minutes 09 seconds west a distance of 200 feet to a point; thence, north 86 degrees 01 minutes 03 seconds west a distance of 12 feet to a point; thence, south 7 degrees 05 minutes west a distance of 500 feet to a point on the north margin of River Street; thence, Page 4246 south 7 degrees 05 minutes west a distance of 80 feet to a point on the south margin of River Street; thence, north 82 degrees 55 minutes east along the south margin a distance of 356.0 feet to a point; thence, south 0 degrees 19 minutes east a distance of 428 feet to a point; thence, north 67 degrees 21 minutes east a distance of 302.6 feet to a point, said point being the west right of way of St. Augustine Road; thence, along the curving right of way whose bearing and chord length is south 27 degrees 44 minutes east 439.20 feet (arc 440.14 feet) to a point; thence, south 34 degrees 14 minutes east a distance of 935.9 feet to a point; thence, along the curving west right of way of St. Augustine Road a distance of 98.14 feet to a point; thence, along the curving right of way in a southerly direction to the north right of way of Collins Drive; thence, along the curving right of way in a southerly direction to where it intersects the south right of way of Maude Street; thence, along said right of way of Maude Street, south 13 degrees 39 minutes east a distance of 139.91 feet to an iron pin; thence, south 12 degrees 03 minutes east a distance of 150 feet, more or less to a point; thence, running north 77 degrees 57 minutes east a distance of 276.56 feet to an iron pin on the west right of way of St. Augustine Road; thence, south 48 degrees 52 minutes east along the west right of way of St. Augustine Road (North Stanley Street) a distance of 148 feet to the beginning of the curving (27 foot radius) tangent between the west right of way of St. Augustine Road and the north right of way of West Hill Avenue (SR 38); thence, along the curving north right of way of West Hill Avenue a distance of 1150 feet to the intersection of the east right of way of Chaney Street; thence, south 58 degrees 13 minutes west a distance of 50 feet to the intersection of the west right of way of Chaney Street and north right of way of West Hill Avenue; thence, north 16 degrees 40 minutes 46 seconds west along the west right of way of Chaney Street a distance of 34.0 feet to a point; thence, north 60 degrees 03 minutes 36 seconds east along the jog of Chaney Street a distance of 10.0 feet to a point; thence, north 16 degrees 40 minutes 46 seconds west along the west right of way of Chaney Street a distance of 159.74 feet to a point; thence, south 74 degrees 49 minutes 48 seconds west a distance of Page 4247 119.56 feet to a point; thence, south 17 degrees 37 minutes 22 seconds east a distance of 224.21 feet to a point on the north right of way of West Hill Avenue; thence, south 58 degrees 13 minutes west along the north right of way a distance of 108.0 feet to the east right of way of Hazelton Street; thence, south 58 degrees 13 minutes west a distance of 40.0 feet to the west right of way of Hazelton Street; thence, along the north right of way of West Hill Avenue, south 58 degrees 13 minutes west a distance of 105.5 feet to a point; thence, north 34 degrees 32 minutes west a distance of 967.3 feet to a point; thence, south 82 degrees 42 minutes west a distance of 200.2 feet to a point; thence, south 32 degrees 31 minutes east a distance of 1049.15 feet to a point on the north right of way of West Hill Avenue; thence, running along the north right of way of West Hill Avenue (U. S. 84) south 58 degrees 11 minutes west a distance of 745 feet more or less; thence, north 31 degrees 49 minutes west a distance of 300.0 feet to a point; thence, north 58 degrees 11 minutes east a distance of 211.98 feet to a point; thence, north 31 degrees 33 minutes west a distance of 846.84 feet to a point; thence, south 82 degrees 43 minutes west a distance of 410.23 feet to a point; thence, south 31 degrees 33 minutes east a distance of 736.25 feet to a point; thence, south 58 degrees 11 minutes west a distance of 439.39 feet to a point, said point is located on the east margin of Mathis Acres Drive; thence, along said margin north 31 degrees 48 minutes west a distance of 49.0 feet to a point; thence, south 58 degrees 11 minutes west a distance of 660.0 feet; thence, north 32 degrees 48 minutes west a distance of 514.50 feet; thence, north 32 degrees 45 minutes 36 seconds west a distance of 754.96 feet to a point; thence, south 88 degrees 13 minutes west a distance of 414.51 feet to a point, said point being on the east right of way of I-75; thence, north 24 degrees 41 minutes west along the east right of way of I-75, 472.03 feet more or less to a point; thence, south 65 degrees 19 minutes west a distance of 300.0 feet to the west right of way of I-75; thence, north 88 degrees 10 minutes west a distance of 316.00 feet to a point on the west right of way of Briarwood Drive; thence, south 29 degrees 58 minutes east along the east right of way of Briarwood Drive a distance of 519.20 feet to a point; thence, south 28 Page 4248 degrees 28 minutes east along the east right of way of Briarwood Drive a distance of 424.00 feet to a point; thence, north 65 degrees 19 minutes east a distance of 205.00 feet to a point on the west right of way of I-75; thence, south 18 degrees 40 minutes east along the west right of way of I-75 a distance of 386.25 feet to a point where the 16th and 17th Land Lot Line intersects the west right of way of I-75; thence, south 3 degrees 55 minutes east a distance of 735 feet more or less along the west right of way of I-75 to a point; thence, south 86 degrees 05 minutes west a distance of 80.0 feet to a point on the west margin of the right of way of Briarwood Drive, said point being the intersection of the west margin of said right of way and the east boundary of the Standard Oil Company; thence, running south 58 degrees 54 minutes west approximately 232.0 feet to the west boundary of Standard Oil Company; thence, running south 26 degrees 11 minutes east along the west boundary of said property approximately 578.0 feet to the north right of way of U. S. Highway 84; thence, south 58 degrees west along the north right of way of U. S. Highway 84 a distance of 99.61 feet to a point; thence, north 27 degrees west a distance of 1122.00 feet to a point; thence, south 57 degrees 30 minutes west a distance of 226.50 feet to a point; thence, south 27 degrees east a distance of 1132.0 feet to a point on the north right of way of U. S. Highway 84; thence, running perpendicular to the right of way of U. S. Highway 84 a distance of 140.00 feet to a point on the south right of way of U. S. Highway 84; thence, north 58 degrees east along the south right of way of U. S. Highway 84 a distance of 29.10 feet to a point; thence, south 27 degrees 57 minutes east a distance of 295.0 feet to a point; thence, north 59 degrees 02 minutes east a distance of 325.0 feet to a point; thence, south 27 degrees 55 minutes east a distance of approximately 532 feet to a point on the north margin of the right of way of SCL Railroad; thence, running easterly along said north right of way to a point located approximately 400 feet east of the east right of way of Boone Road; thence, perpendicularly and southerly a distance of 190 feet to a point; thence, south 5 degrees 28 minutes 49 seconds west a distance of 790.71 feet to a point; thence, south 16 degrees 55 minutes 05 seconds east a Page 4249 distance of 2210 feet to a point; thence, north 80 degrees 42 minutes 37 seconds east a distance of 1650 feet to a point; thence, north 02 degrees 20 minutes 50 seconds east a distance of 1037.31 feet to a point; thence, south 88 degrees 43 minutes 47 seconds west a distance of 101.01 feet to a point; thence, north 16 degrees 00 minutes 13 seconds west a distance of 248.12 feet to a point, said point being on the south right of way of SCL Railroad; thence, perpendicularly and northerly 190 feet to a point on the north right of way of the SCL Railroad; thence, running easterly along said margin of SCL Railroad to the east boundary of the property of SCL Railroad; thence, north 16 degrees 56 minutes west 863.3 feet; thence, north 14 degrees 16 minutes west 170.5 feet to the south margin of the right of way of West Hill Avenue (U. S. Highway 84); thence, running easterly along the south margin of said right of way a distance of 67.0 feet to the west margin of the right of way of South Stanley Street; thence, running south along the west margin of South Stanley Street a distance of 1560 feet more or less to a point; thence, south 63 degrees 32 minutes west a distance of 167.80 feet to a point, said point being on the east right of way of Green Acres Blvd.; thence, south 31 degrees 00 minutes east along the east right of way a distance of 120.0 feet to a point; thence, north 63 degrees 32 minutes east a distance of 100 feet to a point; thence, north 31 degrees 00 minutes west a distance of 80 feet to a point; thence, north 63 degrees 32 minutes east a distance of 67.68 feet to a point, said point being on the west right of way of South Stanley Street; thence, running south along the west margin of South Stanley Street to the southern margin of Dukes Bay Drainage Canal; thence, running easterly along the south margin of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence, running southeasterly in a straight line to a point on the west margin of the right of way of Valdosta Southern Railroad main line which point is located twelve hundred thirty-seven and six tenths (1237.6) feet northerly from the centerline of the Old Clyattville Road measured along the west margin of the last mentioned railroad right of way; thence, running southeasterly in a straight line to a point on the centerline of Old Clyattville Road 367 feet westerly from Page 4250 the centerline of the Georgia Southern and Florida Railroad, Palatka Division; thence, running southeasterly parallel with the last mentioned railroad to the centerline of a certain railroad side track located in the yards of the Langdale Company (which side track intersects the southern margin of the Georgia Southern and Florida Railroad right of way at a point approximately 980 feet from the west margin of the right of way of Georgia State Highway No. 31, measured along the south margin of said Georgia Southern and Florida Railroad right of way); thence, running southerly along the centerline of said railroad side track to its intersection with the east margin of the right of way of the Valdosta Southern Railroad; thence, running southerly along the east margin of said last mentioned right of way to the original south line of Land Lot No. 63 in the 11th Land District of Lowndes County, Georgia; thence, running easterly along said south line of said Lot No. 63 a distance of 276.5 feet; thence, running north 1 degree west a distance of 316.1 feet; thence, running north 89 degrees east to the west margin of the right of way of Madison Highway (Georgia State Highway No. 31); thence, along said margin, south 11 degrees 00 minutes 00 seconds east a distance of 92.6 feet to a point; thence, south 89 degrees 00 minutes 00 seconds west a distance of 279.97 feet to a point; thence, south 1 degree 00 minutes 00 seconds east a distance of 113.0 feet to a point; thence, north 89 degrees 00 minutes east a distance of 299.90 feet to a point, said point being on the west right of way of Madison Highway; thence, running southerly along the west margin of said Madison Highway a distance of 563.66 feet to a point; thence, south 88 degrees 45 minutes west 1400 feet more or less to a point, said point being the east margin of the Georgia and Florida Railroad; thence, along said right of way south 11 degrees 45 minutes west 215 feet more or less to a point; thence, south 88 degrees 12 minutes 56 seconds west a distance of 154.09 feet to the west margin of said right of way; thence, northerly along the west margin of said right of way to a point located on the north land lot of Land Lot No. 64 approximately 645 feet from last mentioned point; thence, south 88 degrees 12 minutes 19 seconds west a distance of 3560.54 feet to a point; thence, south 0 degrees Page 4251 08 minutes east a distance of 486.55 feet; thence, south 1 degree 14 minutes east a distance of 487.68 feet; thence, 83 degrees 18 minutes west a distance of 52.60 feet; thence, south 1 degrees 22 minutes east a distance of 539.65 feet to a point located on the east margin of the Valdosta-Clyattville Road; thence, south 32 degrees 19 minutes 53 seconds east a distance of 791.99 feet along the east margin of said road to a point; thence, south 86 degrees 51 minutes west 91.48 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence, south 61 degrees 51 minutes 07 seconds west a distance of 366.60 feet to a point located on the west line of Land Lot No. 64; thence, running south 2 degrees 09 minutes 09 seconds east a distance of 2730.03 feet along said Land Lot Line to a point located in the center of the run of Mud Swamp Creek; thence, south 89 degrees 40 minutes 08 seconds east along the meanderings of Mud Swamp Creek a distance of 215.48 feet to a point; thence, north 57 degrees 49 minutes 53 seconds east a distance of 400.25 feet to a point; thence, north 68 degrees 38 minutes 37 seconds east a distance of 410.22 feet to a point; thence, north 61 degrees 32 minutes 25 seconds east a distance of 402.00 feet to a point; thence, north 81 degrees 17 minutes 41 seconds east a distance of 383.42 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence, north 57 degrees 40 minutes east a distance of 80.00 feet to a point located on the east margin of the last mentioned road; thence, north 85 degrees 27 minutes 40 seconds east a distance of 448.51 feet to a point; thence, north 80 degrees 04 minutes 52 seconds east a distance of 391.67 feet to a point located on the west margin of the Valdosta Southern Railroad right of way; thence, south 78 degrees 33 minutes east a distance of 150.00 feet to the east margin of said railroad right of way; thence, north 69 degrees 57 minutes 35 seconds east a distance of 482.41 feet to a point; thence, north 84 degrees 18 minutes east a distance of 409.78 feet to a point; thence, north 78 degrees 53 minutes east a distance of 201.56 feet to a point; thence, north 41 degrees 52 minutes east a distance of 194.67 feet to a point; thence, north 74 degrees 25 minutes 20 seconds east a distance of 30.63 feet to a point; thence, south 14 degrees 38 minutes 03 seconds west a distance of Page 4252 651.87 feet to a point, said point being on the south right of way of Airport Road; thence, continuing along the south right of way an arc distance of 471.30 feet (south 74 degrees 46 minutes 53 seconds west a chord distance of 470.05 feet) to a point; thence, south 14 degrees 17 minutes 21 seconds west a distance of 842.59 feet to a point; thence, south 75 degrees 42 minutes 39 seconds east a distance of 409.08 feet to a point; thence, south 14 degrees 30 minutes 27 seconds west a distance of 560.94 feet to a point; thence, south 02 degrees 07 minutes 48 seconds east a distance of 1100.54 feet to a point; thence, south 87 degrees 52 minutes 05 seconds west a distance of 827.84 feet to a point; thence, north 28 degrees 51 minutes 10 seconds west a distance of 688.66 feet to a point located on the east margin of the Valdosta Southern Railroad; thence, south 11 degrees 58 minutes 32 seconds west a distance of 4232.59 feet along the east margin of the Valdosta Southern Railroad to a point; thence, north 23 degrees 44 minutes 05 seconds west a distance of 263.92 feet to a point; thence, south 42 degrees 46 minutes west a distance of 2281.22 feet to a point; thence, south 40 degrees 24 minutes east a distance of 595.54 feet to a point; thence, north 41 degrees 56 minutes 32 seconds east a distance of 864.39 feet along the north right of way line of the Valdosta Southern Railroad to a point being the point of tangent of the curve, then following the right of way line through a 2 degree 53 minutes curve a distance of 1039.28 feet to a point, being the point of curve; thence, north 11 degrees 58 minutes 32 seconds east along the north right of way line of the Valdosta Southern Railroad a distance of 581.08 feet to a point; thence, south 23 degrees 44 minutes 05 seconds east a distance of 263.92 feet to a point; thence, south 11 degrees 58 minutes 32 seconds west a distance of 366.30 feet to a point of curve on the south right of way line of the Valdosta Southern Railroad; thence, following the right of way line a distance of 1116.78 feet through a 2 degree 41 minutes curve to the point of tangent; thence, south 41 degrees 56 minutes 32 seconds west a distance of 884.58 feet along the south right of way line of the Valdosta Southern Railroad to a point; thence, south 40 degrees 24 minutes east a distance of 654.26 feet to a point; thence, south 55 degrees 46 minutes east Page 4253 a distance of 431.72 feet to a point; thence, north 25 degrees 42 minutes east a distance of 3076.88 feet to a point; thence, north 89 degrees 12 minutes east a distance of 2575.10 feet to a point; thence, south 10 degrees 46 minutes east a distance of 3614.89 feet to a point; thence, north 79 degrees 15 minutes 25 seconds east a distance of 75.0 feet to a point; thence, south 10 degrees 46 minutes east a distance of 1599.97 feet to a point; thence, north 79 degrees 14 minutes east a distance of 725.0 feet to a point; thence, south 10 degrees 46 minutes east a distance of 549.75 feet to a point; thence, north 86 degrees 47 minutes east a distance of 302.62 feet to a point; thence, north 10 degrees 46 minutes west a distance of 589.51 feet to a point; thence, north 79 degrees 14 minutes east a distance of 421.62 feet to a point, said point being on the west right of way of Madison Highway (GA 31); thence, along said right of way north 10 degrees 35 minutes 46 seconds east a distance of 198.75 feet to a point; thence, north 86 degrees 38 minutes 59 seconds west a distance of 121.0 feet to a point; thence, north 1 degree 19 minutes 59 seconds west a distance of 1403.63 feet along the east Land Lot Line No. 73 to a point; thence, north 1 degree 29 minutes 38 seconds west a distance of 323.10 feet to a point; thence, north 1 degree 17 minutes 46 seconds west a distance of 1018.8 feet to a point on the west margin of Madison Highway; thence, north 79 degrees 17 minutes 28 seconds east a distance of 100.00 feet to a point on the east margin of Madison Highway; thence, along said margin, north 10 degrees 42 minutes 32 seconds west a distance of 2688 feet more or less to a point; thence, north 87 degrees 45 minutes east a distance of 236.02 feet to a point; thence, north 2 degrees 35 minutes west a distance of 199.71 feet to a point; thence, south 87 degrees 45 minutes west a distance of 266.92 feet to a point, said point being on the east margin of the Madison Highway; thence, along the east margin of the Madison Highway north 10 degrees 42 minutes 32 seconds west a distance of 5948 feet plus or minus, said point being the center of Mud Creek; thence, along the east margin of Madison Highway north 11 degrees 14 minutes west a distance of 2030.44 feet to a point; thence, north 78 degrees 30 minutes east a distance of 150.0 feet to a point said point being on the west margin Page 4254 of a 20 foot alley; thence, along said alley margin north 11 degrees 30 minutes west a distance of 170 feet to a point; thence, south 78 degrees 30 minutes west a distance of 150.0 feet to a point, said point being on the east margin of the Madison Highway; thence, along said margin north 11 degrees 30 minutes west a distance of 205.0 feet to a point, said point being the intersection of the north right of way of Lineberger Drive and the east margin of Madison Highway; thence, along the east margin of Madison Highway north 11 degrees 30 minutes west a distance of 130 feet to a point; thence, north 69 degrees 02 minutes 04 seconds east a distance of 501.30 feet to a point; thence, south 11 degrees 33 minutes 43 seconds east a distance of 243.39 feet to a point, said point being on the north margin of Lineberger Drive; thence, along said margin south 88 degrees 22 minutes east a distance of 9.61 feet to a point; thence, south 84 degrees 08 minutes 47 seconds east a distance of 163.46 feet to a point; thence, north 78 degrees 30 minutes east a distance of 179.80 feet to a point; thence, south 11 degrees 30 minutes 14 seconds east a distance of 753.72 feet to a point; thence, north 78 degrees 29 minutes 46 seconds east a distance of 1131.99 feet to a point; thence, north 12 degrees 29 minutes 14 seconds west a distance of 1305.23 feet to a point; thence, north 12 degrees 17 minutes west a distance of 657.23 feet to a point, said point being on the south right of way of Industrial Blvd.; thence, north 29 degrees 17 minutes west a distance of 100.01 feet to the north right of way of Industrial Blvd.; thence, along the north right of way north 64 degrees 06 minutes 48 seconds east a distance of 1128.49 feet to a point, said point being the intersection of the north right of way of Industrial Blvd., and the west right of way of the Georgia Southern and Florida Railroad; thence, along the west right of way of the Georgia Southern and Florida Railroad, north 32 degrees 49 minutes west a distance of 173.77 feet to a point; thence, south 69 degrees 42 minutes west a distance of 462.00 feet to a point; thence, north 32 degrees 11 minutes west a distance of 918.54 feet to a point; thence, south 57 degrees 41 minutes west a distance of 653.08 feet to a point; thence, north 38 degrees 51 minutes west a distance of 405.73 feet to a point, said point being on the south right Page 4255 of way of Tucker Road; thence, along the south right of way of Tucker Road to the east margin of the right of way of the Georgia Southern and Florida Railroad, Palatka Division; thence, running southeasterly along the east margin of said last mentioned right of way to the southern most corner of the State Farmers Market property in said county; thence, continuing along said east margin south 32 degrees 26 minutes 54 seconds east a distance of 298.01 feet to a point; thence, running along said margin south 31 degrees 46 minutes 53 seconds east a distance of 2375.43 feet to a point; thence, continuing to run along said east margin south 31 degrees 47 minutes 33 seconds east a distance of 576.22 feet to a point; thence, north 87 degrees 30 minutes east a distance of 2445 feet to a point; thence, north 2 degrees 47 minutes east a distance of 43 feet to a point; thence, north 59 degrees 00 minutes east a distance of 710 feet plus or minus to a point, said point being on the west margin of Highway 41; thence, north 59 degrees 00 minutes east a distance of 100 feet plus or minus to a point, said point being on the east margin of Highway 41; thence, north 59 degrees 00 minutes east a distance of 1163 feet plus or minus to a point; thence, north 67 degrees 00 minutes east a distance of 674 feet to a point; thence, south 77 degrees 00 minutes east a distance of 654 feet to a point; thence, south 63 degrees 30 minutes east a distance of 729 feet to a point; thence, north 1 degree 00 minutes west a distance of 3009 feet to a point; thence, south 85 degrees 08 minutes 59 seconds west a distance of 2731.91 feet to a point; thence, north 79 degrees 39 minutes 52 seconds west a distance of 663.16 feet to a point; thence, north 2 degrees 46 minutes 49 seconds east a distance of 1097.39 feet to a point, said point being on the south margin of Highway 94; thence, along said martin north 77 degrees 40 minutes west a distance of 2226.94 feet to a point; thence, south 87 degrees 37 minutes 16 seconds west a distance of 454.48 feet to a point, said point being on the east margin of Ulmer Avenue; thence, along said margin south 2 degrees 14 minutes 18 seconds east a distance of 1050 feet to a point; thence, south 88 degrees 24 minutes 18 seconds east a distance of 940 feet to a point; thence, south 2 degrees 14 minutes 18 seconds east a distance of 1010.28 feet to a point; thence, Page 4256 south 70 degrees 47 minutes 36 seconds west a distance of 235.92 feet to a point; thence, north 89 degrees 36 minutes west a distance of 713 feet to a point, said point being on the east margin of Ulmer Avenue; thence, south 87 degrees 45 minutes 42 seconds west a distance of 60 feet to a point, said point being on the west margin of Ulmer Avenue; thence, along said margin south 2 degrees 14 minutes 18 seconds east a distance of 100 feet plus or minus to a point, said point being on the east right of way of Highway 41; thence, running northerly along the east margin of said Highway 41 right of way to a point; thence, north 45 degrees 00 minutes east 171.30 feet to a point; thence, north 49 degrees 21 minutes east a distance of 120.20 feet to a point, said point being on the south right of way of Conoley Avenue; thence, along said right of way north 89 degrees 03 minutes 55 seconds west a distance of 433.70 feet to a point, said point being the intersection of south right of way of Conoley Avenue with the east right of way of U. S. Highway 41; thence, running northerly along the east margin of said U. S. Highway right of way to the east margin of South Lee Street; thence, running northerly along the east margin of South Lee Street to the south margin of the right of way of Georgia State Highway No. 94; thence, running easterly along the south margin of State Highway 94 to the east margin of South Troup Street; thence, along the east margin of South Troup Street south 26 degrees 58 minutes 59 seconds east a distance of 752.13 feet to a point, said point being the north margin of Conoley Avenue; thence, continuing along the east margin of Troup Street south 26 degrees 59 minutes 59 seconds east a distance of 442.02 feet to a point; thence, north 86 degrees 54 minutes east a distance of 719.14 feet to a point; thence, north 9 degrees 33 minutes east a distance of 149.95 feet to a point; thence, south 87 degrees 34 minutes west a distance of 246.25 feet to a point; thence, north 3 degrees 00 minutes east a distance of 199.02 feet to a point, said point being on the south margin of Conoley Avenue; thence, along said right of way, north 87 degrees 28 minutes 36 seconds east a distance of 110.95 feet to a point; thence, north 2 degrees 31 minutes 24 seconds west a distance of 50 feet to a point, said point being on the north margin of Conoley Avenue; Page 4257 thence, north 1 degree 53 minutes 05 seconds west a distance of 152.69 feet to a point; thence, north 88 degrees 23 minutes 08 seconds east a distance of 164.68 feet to a point; thence, north 8 degrees 07 minutes 47 seconds west a distance of 308.63 feet to a point, said point being on the south margin of State Highway 94; thence, running easterly along said right of way to a point located 154.03 feet west of the west margin of Paine Street; thence, south 0 degrees 15 minutes east a distance of 85.0 feet to a point; thence, north 89 degrees 45 minutes east a distance of 75.0 feet to a point; thence, south 0 degrees 15 minutes east a distance of 150.0 feet to a point, said point being on the north margin of Conoley Avenue; thence, along said margin north 89 degrees 45 minutes east a distance of 75 feet to a point, said point being on the west right of way of Paine Street; thence, along said right of way north 0 degrees 15 minutes west a distance of 200.0 feet to a point, said point being on the south margin of Highway 94; thence, running easterly along the south margin of State Highway 94 to a point located 150 feet west of the west margin of Ulmer Avenue; thence, south 2 degrees 13 minutes east a distance of 139 feet to a point, said point being on the north margin of Conoley Avenue; thence, north 87 degrees 30 minutes east along the north margin of Conoley Avenue a distance of 145 feet to a point, said point being on the west margin of Ulmer Avenue; thence, running north 12 degrees 13 minutes west along said margin 100 feet to a point, said point being the southwest corner of Highway 94 and Ulmer Avenue; thence, north 87 degrees 47 minutes east along the south margin of Highway 94 a distance of 60 feet to a point, said point being the east right of way of Ulmer Avenue; thence, northerly along said right of way to a point located 530 feet south of the northwest corner of Land Lot No. 109 in the 11th Land District; thence, south 86 degrees 13 minutes 20 seconds east a distance of 187.91 feet to a point; thence, north 01 degrees 52 minutes 58 seconds west a distance of 300.00 feet to a point; thence, north 89 degrees 00 minutes east a distance of 188.02 feet to a point; thence, north 0 degrees 06 minutes 59 seconds east a distance of 250.04 feet to a point on the 76th and 77th Land Lot Line; thence, north 89 degrees 0 minutes east along the Page 4258 south Land Lot Line of Land Lot 108, a distance of 435.52 feet to an iron pin; thence, north 3 degrees 6 minutes 19 seconds east a distance of 18.86 feet to a point; thence, south 84 degrees 44 minutes 42 seconds east a distance of 64.20 feet to a point; thence, south 7 degrees 43 minutes 18 seconds west a distance of 11.96 feet to a point; thence, north 89 degrees east a distance of 1225.67 feet to a point; thence, north 16 degrees 12 minutes 56 seconds west a distance of 311.18 feet to a point; thence north 73 degrees 59 minutes 06 seconds east a distance of 305.76 feet to a point; thence, north 80 degrees 06 minutes 28 seconds east a distance of 384.03 feet to a point, said point being on the west margin of Clay Road; thence, along said margin north 1 degree 42 minutes 42 seconds east a distance of 397.54 feet to a point; thence, continuing along said right of way north 0 degrees 13 minutes 39 seconds east a distance of 318.63 feet to a point, said point being the intersection of the west margin of Clay Road and the south margin of Old Statenville Road; thence, north 1 degree 31 minutes west a distance of 84.3 feet to a point where the north right of way of Old Statenville Road and the west right of way of Clay Road intersects; thence, north 3 degrees 41 minutes west a distance of 2443.98 feet along Clay Road to the south margin of the Georgia Southern and Florida Railroad; thence, south 87 degrees 45 minutes west a distance of 2647.67 feet along the south margin of the Georgia Southern and Florida Railroad; thence, running northerly along the east original line of Land Lots Numbers 77 and 78 in said Land District to the south margin of the right of way of the SCL Railroad; thence, running northeasterly along the south right of way of the Atlantic Coastline Railroad right of way to a point, said point being 2196.94 feet west of the intersection of the south right of way of the ACL Railroad and the west right of way of Clay Road; thence, north 85 degrees 37 minutes east a distance of 159.40 feet to a point; thence, south 35 degrees 07 minutes east a distance of 17.25 feet to a point; thence, south 1 degree 39 minutes east a distance of 1568.15 feet to a point; thence, north 89 degrees 40 minutes east a distance of 677.80 feet to a point; thence, north 0 degrees 43 minutes west a distance of 1826.30 feet to a point; thence, north 67 degrees 29 minutes east a distance of 156.40 feet to Page 4259 a point; thence, north 21 degrees 55 minutes west a distance of 140.78 feet to a point, said point being on the south right of way of the Atlantic Coastline Railroad; thence, along the SCL Railroad right of way north 65 degrees 08 minutes east a distance of 1136.05 feet to a point, said point being the intersection of the south ACL Railroad right of way and the west right of way of Clay Road; thence, running south 5 degrees 35 minutes east along the west margin of Clay Road (formerly known as Industrial Blvd.) a distance of 1049.18 feet to a point; thence, running along the west margin of said road and along a curve whose radius is 17,148.8 feet a distance of 982.71 feet; thence, running south 52 degrees 18 minutes east along the west margin of Clay Road a distance of 408.40 feet to a point, said point being 1026.25 feet north of the north right of way of the Georgia Southern and Florida Railroad; thence, in a westerly direction a distance of 1910 feet plus or minus to a point; thence, in a southerly direction a distance of 756.25 feet plus or minus to a point, said point being 270 feet north of the north right of way of the Georgia Southern and Florida Railroad; thence, in an easterly direction parallel with said railroad right of way a distance of 1910 feet plus or minus to a point, said point being on the west margin of Clay Road; thence, along the west margin 270 feet to a point, said point being the north right of way of the Georgia Southern and Florida Railroad; thence, running north 89 degrees 10 minutes east a distance of 86.02 feet to a concrete monument; thence, running north 89 degrees 10 minutes east along the north margin of the Georgia Southern Railroad right of way a distance of 2277.43 feet to a concrete monument; thence, continuing along said railroad right of way north 88 degrees 00 minutes 48 seconds east a distance of 2120.11 feet to a point; thence, north 1 degree 59 minutes 12 seconds west a distance of 10 feet to a point; thence, north 88 degrees 00 minutes 48 seconds east a distance of 300 feet to a point, said point being the centerline of the run of Knights Creek; thence, along the meander of the run of Knights Creek, north 00 degrees 14 minutes 04 seconds west a distance of 47.06 feet to a point; thence, continuing along the run north 26 degrees 08 minutes 04 seconds west a distance of 303.25 feet to a point; Page 4260 thence, continuing along the run north 16 degrees 47 minutes 08 seconds west a distance of 446.94 feet to a point; thence, continuing along the run north 28 degrees 24 minutes 18 seconds west a distance of 1126.82 feet to a point; thence, south 88 degrees 00 minutes 48 seconds west a distance of 1688.26 feet to a point; thence, south 2 degrees 59 minutes 44 seconds east a distance of 752.28 feet to a point; thence, south 88 degrees 15 minutes 44 seconds west a distance of 25 feet to a point; thence, running south 88 degrees 42 minutes 40 seconds west a distance of 2291.71 feet to a concrete monument on the east margin of Clay Road; thence, running north 2 degrees 18 minutes west along the east margin of said Clay Road a distance of 384.00 feet more or less to a point; thence, north 87 degrees 42 minutes west a distance of 300 feet to a point; thence, north 2 degrees 18 minutes west a distance of 66 feet to a point; thence, south 87 degrees 42 minutes east a distance of 300 feet to a point; thence running along the east margin of said road and along a curve whose radius is 17,228.8 feet a distance of 976.30 feet to a point; thence, continuing along the east right of way of Clay Road north 05 degrees 35 minutes west a distance of 395.5 feet to a point; thence, north 64 degrees 30 minutes east a distance of 1077.01 feet to a point; thence, north 25 degrees 30 minutes west a distance of 600.00 feet to a point, said point being on the south right of way of a 40 foot graded road (E. Savanah Avenue); thence, along the south right of way, south 64 degrees 30 minutes west a distance of 50.00 feet; thence, south 27 degrees 28 minutes west a distance of 37 feet; thence, south 44 degrees 08 minutes east a distance of 18 feet to a point; thence, south 18 degrees 00 minutes east a distance of 187.14 feet along the west side of a railroad spur track; thence, continuing along the spur track south 36 degrees 34 minutes west a chord distance of 223.64 feet (whose arc distance is 225.40 feet) to a point; thence, north 25 degrees 30 minutes west a distance of 279.80 feet to a point, said point being on the south right of way of a 40 foot graded road (East Savannah Avenue); thence, along the south right of way, south 64 degrees 30 minutes west a distance of 454.60 feet to a point on the east right of way of Clay Road; thence, along the east right of way of Clay Road across Page 4261 the 40 foot dirt road, north 5 degrees 09 minutes 40 seconds west a distance of 42.60 feet to a point, said point being the intersection of the south right of way of ACL Railroad (and north right of way of the 40 foot dirt road) and the east right of way of Clay Road; thence, running easterly along the south margin of said railroad to the original west land lot line of Land Lot No. 153 in the 11th Land District; thence, running northerly along the course of the said west line of said Land Lot Number 153 to the center of the run of Knights Creek; thence, running in a generally westerly direction up to the meanderings of the center of the run of Knights Creek to the original east line of the Land Lot Number 106 in the 11th Land District of said County; thence, running due west to a point, said point being perpendicular to the east right of way of the Central of Georgia Railroad on a line south 74 degrees 29 minutes 33 seconds east a distance of 700.00 feet from the east right of way; thence, north 15 degrees 40 minutes 27 seconds east a distance of 3192.58 feet to a point; thence, north 35 degrees 59 minutes 17 seconds west a distance of 737.64 feet to a point on the south right of way of State Route 31 (East Park Avenue); thence, along the south right of way, south 54 degrees 31 minutes 10 seconds west a distance of 197.45 feet to a point, said point being the intersection of the south right of way of State Route 31 and the east right of way of the Central of Georgia Railroad; thence, along the east right of way, north 15 degrees 30 minutes 15 seconds east a distance of 158.85 feet to a point, said point being the intersection of the north right of way of State Route 31 and the east right of way of the Central of Georgia Railroad and the POINT OF BEGINNING. Provided, however, that there is excepted and excluded from the territory within the corporate limits of said City the following described area, to wit: (1) Beginning at the intersection of the west margin of South Patterson Street (U. S. Highway No. 41) in Lowndes County, Georgia, with the south margin of Dampier Street, and from said intersection south 50 degrees 00 minutes east a distance of 694.11 feet along said right of way of Patterson Street to a point, said point being the POINT OF BEGINNING; Page 4262 thence, south 40 degrees 37 minutes 04 seconds west a distance of 135.80 feet to a point; thence, south 50 degrees 15 minutes east a distance of 50.0 feet to a point; thence, south 40 degrees 37 minutes 00 seconds west a distance of 450.00 feet to a point; thence, south 50 degrees 00 minutes east a distance of 50.0 feet to a point; thence, south 38 degrees 46 minutes 40 seconds west a distance of 381.0 feet to a point, said point being on the centerline of a drainage ditch or canal; thence, running southerly along the center of said drainage ditch to the north margin of the right of way of Tucker Road; thence, running easterly along the north margin of the right of way of Tucker Road to the west margin of the right of way of U. S. Highway 41; thence, running northerly along the west margin of the right of way of said U. S. Highway 41 to a point 78 feet northerly from the north margin of Lela Avenue (measured along the west margin of the right of way of said U. S. Highway No. 41); thence, running southwesterly at right angles with said highway right of way a distance of 460 feet; thence, running northwesterly parallel with said highway right of way a distance of 60 feet; thence, running northeasterly perpendicularly to said highway right of way 100 feet to a point; thence, running northwesterly parallel with said highway right of way a distance of 172.19 feet to a point; thence, running northeasterly perpendicular to said highway right of way 360 feet to the west margin of said highway right of way; thence, running northwesterly along the west margin of said highway right of way to a point 694.11 feet south of the south right of way of Dampier Street, said point being the POINT OF BEGINNING. (2) Beginning at a point where the northeast right of way of Old Lake Park Road intersects the north right of way of Old Statenville Road, said point being the POINT OF BEGINNING; thence, along the north right of way of Old Statenville Road, south 86 degrees 01 minutes 30 seconds east a distance of 56.0 feet to a point; thence, north 3 degrees 58 minutes 30 seconds east a distance of 7.5 feet; thence, continuing Page 4263 along said right of way south 86 degrees 01 minutes 30 seconds east a distance of 132.0 feet to a point; thence, north 3 degrees 58 minutes 30 seconds east a distance of 228.43 feet to a point; thence, north 86 degrees 01 minutes 30 seconds west a distance of 32.0 feet to a point; thence, north 3 degrees 58 minutes 30 seconds east a distance of 38.67 feet to a point; thence, north 86 degrees 01 minutes 30 seconds west a distance of 86.23 feet to a point; thence, south 32 degrees 48 minutes 30 seconds west a distance of 266.56 feet to a point, said point being on the northeast right of way of Old Lake Park Road; thence, along said right of way south 57 degrees 11 minutes 30 seconds east a distance of 66.22 feet to a point, said point being the POINT OF BEGINNING. (3) Beginning at a point where the north right of way of Baytree Road intersects the west right of way of the Georgia Southern Railroad, said point being the POINT OF BEGINNING; thence, along the north right of way of Baytree Road, south 87 degrees 55 minutes 44 seconds west a distance of 2679.38 feet to a point where the right of way intersects the 11th and 12th Land District Line; thence, along the 11th and 12th Land District Line, north 1 degree 29 minutes 10 seconds west a distance of 477.50 feet to a point; thence, north 87 degrees 55 minutes 44 seconds east a distance of 300.0 feet to a point; thence, south 1 degrees 29 minutes 10 seconds east a distance of 25.0 feet to a point; thence, north 87 degrees 55 minutes 44 seconds east a distance of 2200.04 feet to a point on the west right of way of the Georgia Southern Railroad; thence, along said right of way south 19 degrees 29 minutes 30 seconds east a distance of 486.38 feet to a point, said point being the POINT OF BEGINNING. (14) Beginning at a point where the right of way of Baytree Road intersects the east right of way of Gornto Road, said point being the POINT OF BEGINNING. thence, along the east right of way, north 1 degree 11 minutes 28 seconds west a distance of 182.21 feet to a point; thence, north 87 degrees 55 Page 4264 minutes 44 seconds east a distance of 782.57 feet to a point; thence, south 1 degree 29 minutes 10 seconds east a distance of 182.21 feet to a point on the north right of way of Baytree Road; thence, along the north right of way south 887 degrees 55 minutes 44 seconds west a distance of 783.58 feet to a point, said point being the POINT OF BEGINNING. (5) Beginning at a point where the north right of way of Baytree Road intersects the east right of way of Gornto Road; thence, along the east right of way north 1 degree 11 minutes 28 seconds west a distance of 425.89 feet to a point, said point being the POINT OF BEGINNING. thence, north 88 degrees 44 minutes 32 seconds east a distance of 155.0 feet to a point; thence, north 1 degrees 11 minutes 28 seconds west a distance of 229.55 feet to a point; thence, south 87 degrees 55 minutes 44 seconds west a distance of 106.87 feet to a point on the east right of way of Gornto Road; thence, along the curve of the east right of way of Gornto Road, in a southerly direction to the POINT OF BEGINNING. (6) Beginning at the intersection of the west right of way of North Forrest Street with the south right of way of Northside Drive; thence, south 78 degrees 16 minutes west a distance of 130.0 feet along the south right of way of Northside Drive to a point, said point being the POINT OF BEGINNING. thence, south 1 degree 55 minutes east a distance of 83.44 feet to a point; thence, south 88 degrees 05 minutes west a distance of 389.88 feet to a point, said point being on the east right of way of Deborah Drive; thence, north 1 degree 02 minutes west along the east right of way of Deborah Drive a distance of 19.72 feet to a point, said point being on the south right of way of Northside Drive; thence, along the south right of way of Northside Drive, north 78 degrees 16 minutes east a distance of 336.60 feet to a point, said point being the POINT OF BEGINNING. (7) Beginning at a point where the west right of way of Deborah Drive intersects the south right Page 4265 of way of Northside Drive; thence, along the south right of way of Northside Drive, south 78 degrees 16 minutes west a distance of 127.78 feet to a point, said point being the POINT OF BEGINNING. thence, south 1 degree 42 minutes east a distance of 1883.31 feet to a point; thence, running north 89 degrees 17 minutes 30 seconds west a distance of 1477.50 feet to a point; thence, north 0 degrees 42 minutes 30 seconds east a distance of 155.0 feet to a point; thence, north 89 degrees 17 minutes 30 seconds west a distance of 116.02 feet to a point; thence, north 00 degrees 42 minutes 30 seconds east a distance of 400 feet to a point; thence, north 88 degrees 39 minutes 52 seconds east a distance of 106.43 feet; thence, north 76 degrees 39 minutes 46 seconds east a distance of 114.10 feet; thence, north 40 degrees 50 minutes 59 seconds east a distance of 186.59 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 170.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a distance of 50.00 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 150.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a distance of 200.00 feet; thence, north 17 degrees 00 minutes 27 seconds east a distance of 113.14 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 100.00 feet; thence, north 57 degrees 32 minutes 48 seconds east a distance of 139.93 feet; thence, north 34 degrees 04 minutes 21 seconds east a distance of 176.17 feet; thence, north 6 degrees 13 minutes 21 seconds east a distance of 161.16 feet; thence, north 55 degrees 21 minutes 31 seconds west a distance of 21.23 feet; thence, north 10 degrees 24 minutes 14 seconds west a distance of 146.42 feet to a point on the southern margin of Northside Drive; thence, along the south right of way of Northside Drive, north 79 degrees 38 minutes east a distance of 818.01 feet to a point, said point being the POINT OF BEGINNING. (8) Beginning at a point where the centerline of Mud Creek intersects the west right of way of the Madison Highway (SR 31); thence, south 79 degrees 55 minutes 55 seconds west a distance of 133.20 feet Page 4266 to a point; thence, north 81 degrees 01 minutes west a distance of 36.70 feet to a point; thence, north 80 degrees 17 minutes west a distance of 112.57 feet to a point; thence, north 85 degrees 23 minutes west a distance of 219.51 feet to a point; thence, north 86 degrees 44 minutes east a distance of 145.95 feet to a point; thence, north 09 degrees 32 minutes east a distance of 360.00 feet to a point; thence, north 80 degrees 28 minutes east a distance of 627.36 feet to a point located on the west right of way of the Madison Highway; thence, along the west right of way south 11 degrees 14 minutes east a distance of 789.50 feet to a point, said point being the POINT OF BEGINNING. (9) Beginning at a point where the south right of way of Northside Drive intersects the west right of way of Bemiss Road (GA 125); thence; along the south right of way of Northside Drive north 78 degrees 23 minutes west a distance of 170.76 feet to a point; thence, north 78 degrees 29 minutes west a distance of 4.22 feet to a point on the south margin of Northside Drive, said point being the POINT OF BEGINNING. thence, south 16 degrees 22 minutes west a distance of 171.75 feet to a point; thence, south 89 degrees 01 minutes east a distance of 175.0 feet to a point, said point is on the west right of way of Bemiss Road; thence, south 19 degrees 30 minutes west along the west right of way of Bemiss Road 150 feet to Land Lot Line 80/81; thence, westwardly along the 80/81 Land Lot Line to a point, said point being 330.0 feet east of the intersection of the 58th, 59th, 80th, and 81st Land Lot Line; thence, north 17 degrees 14 minutes west a distance of 332.5 feet to a point on the south right of way of Northside Drive; thence, easterly along the curving south right of way of Northside Drive to said POINT OF BEGINNING. (10) Beginning at a point on the east right of way of North Ashley Street and the south right of way of Northside Drive; thence, north 67 degrees 45 minutes east along the south right of way a distance of 783.54 feet to a point, said point being the POINT Page 4267 OF BEGINNING. thence, north 67 degrees 45 minutes east along the south right of way of Northside Drive a distance of 1278.72 feet to a point; thence, south 2 degrees 00 minutes west a distance of 10.89 feet to a point; thence, along the south right of way of Northside Drive in an easterly direction to a point; thence, south 17 degrees 23 minutes east a distance of 243.0 feet to a point where the 58th, 59th, 80th and 81st Land Lot Lines intersect; thence, south 70 degrees 02 minutes west a distance of 495.6 feet to a point; thence, running south 70 degrees 23 minutes west to a point; thence, south 69 degrees 30 minutes west to a point; thence, north 21 degrees 27 minutes 23 seconds west a distance of 202.14 feet to a point, said point being on the south right of way of Northside Drive, said point being the POINT OF BEGINNING. (11) Beginning at a point where the west right of way of Bemiss Road intersects the south right of way of Connell Road, said point being the POINT OF BEGINNING. thence, north 70 degrees 08 minutes west along the south right of way of Connell Road a distance of 155.34 feet to a point; thence, a chord distance and bearing of north 84 degrees 21 minutes west a distance of 536.39 feet to a point; thence, south 4 degrees 20 minutes west a distance of 495.18 feet to a point; thence, south 83 degrees 27 minutes 30 seconds east a distance of 240.27 feet to a point; thence, north 19 degrees 30 minutes east a distance of 222.23 feet to a point; thence, south 70 degrees 30 minutes east a distance of 336.62 feet to a point, said point being the west margin of Bemiss Road; thence, north 19 degrees 30 minutes east along the west margin of Bemiss Road a distance of 150.0 feet to the POINT OF BEGINNING. (12) As a point of reference where the east right of way of Ashley Street intersects the north right of way of Northside Drive; thence, along the north right of way of Northside Drive, north 68 degrees 32 minutes 37 seconds east a distance of 942.74 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along said right of way, Page 4268 north 68 degrees 32 minutes 37 seconds east a distance of 356.78 feet to a point; thence, north 21 degrees 27 minutes 23 seconds west a distance of 212.81 feet to a point; thence, south 67 degrees 05 minutes west a distance of 356.90 feet to a point; thence, south 21 degrees 27 minutes 23 seconds east a distance of 203.72 feet to a point, said point being the POINT OF BEGINNING. (13) Beginning at a point where the west right of way of Bemiss Road intersects the south right of way of Connell Road; thence, north 70 degrees 08 minutes west along the south right of way of Connell Road a distance of 155.34 feet to a point; thence, a chord distance and bearing of north 84 degrees 21 minutes west a distance of 536.39 feet to a point; thence, a chord distance and bearing of south 80 degrees 36 minutes west a distance of 46.36 feet to a point; thence, a chord bearing and distance of south 76 degrees 13 minutes west a distance of 124.43 feet to a point; thence, a chord distance and bearing of south 69 degrees 46 minutes west a distance of 125.97 feet to a point; thence, south 66 degrees 28 minutes 30 seconds west a distance of 11.53 feet to a point, said point being the POINT OF BEGINNING. thence, south 1 degree 35 minutes west a distance of 334.36 feet to a point; thence, south 74 degrees 33 minutes 30 seconds west a distance of 107.99 feet to a point; thence, south 66 degrees 31 minutes 18 seconds west a distance of 413.96 feet to a point; thence, north 0 degrees 50 minutes 30 seconds west a distance of 323.40 feet to a point, said point being on the south right of way of Connell Road; thence, running in an easterly direction along the curving south right of way of Connell Road to a point, said point being the POINT OF BEGINNING. (14) Beginning at a point 319.11 feet south of the south right of way of Dampier Street and west right of way of Patterson Street, said point being the POINT OF BEGINNING. thence, south 40 degrees 40 minutes west a distance of 285.94 feet; thence, south 50 degrees 00 minutes east a distance of 150.10 Page 4269 feet to a point; thence, north 40 degrees 40 minutes east a distance of 285.94 feet to a point; thence, north 50 degrees 00 minutes west a distance of 150.10 feet to the POINT OF BEGINNING. (15) Beginning at a point where the west right of way of South Patterson Street intersects the south right of way of Dampier Street; thence, south 88 degrees 04 minutes west a distance of 135.10 feet to a point, said point being the POINT OF BEGINNING. thence, south 3 degrees 13 minutes east a distance of 100.0 feet to a point; thence, south 88 degrees 04 minutes west a distance of 175.0 feet to a point; thence, north 3 degrees 13 minutes west a distance of 100.0 feet to a point; thence, north 88 degrees 04 minutes east a distance of 175.0 feet to a point, said point being the POINT OF BEGINNING. (16) Beginning at the intersection of east right of way of Dukes Avenue and north right of way of Pineview Drive; thence, running north 85 degrees 02 minutes east a distance of 140 feet to the POINT OF BEGINNING. thence, northerly and parallel with Dukes Avenue a distance of 239 feet to a point; thence, north 89 degrees 10 minutes west a distance of 80 feet; thence, southerly and parallel with Dukes Avenue a distance of 235.89 feet to a point, said point being on the north right of way of Pineview Drive; thence, south 85 degrees 02 minutes west along said right of way a distance of 80 feet to the POINT OF BEGINNING. (17) Beginning at a point where the east right of way of North Forrest Street intersects the south right of way of Northside Drive, said point being the POINT OF BEGINNING. thence, along the south right of way of Northside Drive, north 77 degrees 27 minutes 35 seconds east a distance of 247.71 feet to a point; thence, continuing along the south right of way, north 80 degrees 07 minutes 57 seconds east a distance of 252.56 feet to a point; thence, south 01 degrees 48 minutes 00 seconds east a distance of 212.77 feet to a point; thence, south 88 degrees 41 Page 4270 minutes 04 seconds west a distance of 97.13 feet to a point; thence, south 01 degrees 23 minutes 15 seconds east a distance of 643.41 feet to a point; thence, south 01 degrees 17 minutes 25 seconds east a distance of 440.00 feet to a point; thence, south 88 degrees 42 minutes 35 seconds west a distance of 400.00 feet to a point, said point being on the east right of way of North Forrest Street; thence, along the east right of way of North Forrest Street, north 1 degree 17 minutes 25 seconds west a distance of 1213.87 feet to a point, said point being the intersection of the east right of way of Forrest Street and the south right of way of Northside Drive and the POINT OF BEGINNING. (18) Beginning at a point where the east right of way of North Ashley Street intersects the south right of way of Garden Drive, said point being the POINT OF BEGINNING. thence, north 29 degrees 57 minutes 33 seconds west a distance of 50.46 feet to a point where the north right of way of Garden Drive intersects the east right of way of Ashley Street; thence, north 67 degrees 45 minutes east along the north right of way of Garden Drive a distance of 413.05 feet to a point; thence, north 31 degrees 30 minutes west a distance of 212.59 feet to a point; thence, south 72 degrees 20 minutes 09 seconds west a distance of 115.38 feet to a point; thence, north 31 degrees 34 minutes west a distance of 170.2 feet to a point located on the south margin of Barfield Drive; thence, south 71 degrees 42 minutes west a distance of 308.59 feet along the south right of way of Barfield Drive to the east right of way of North Ashley Street; thence, northwesterly along the east right of way of Ashley Street a distance of 190.3 feet to a point; thence, north 74 degrees 30 minutes east a distance of 311.99 feet to a point; thence, south 31 degrees 24 minutes east a distance of 125.0 feet to a point; thence, north 71 degrees 46 minutes east a distance of 88.48 feet to a point; thence, north 11 degrees 54 minutes west a distance of 291.53 feet to a point; thence, north 82 degrees 57 minutes east a distance of 1426.66 feet to a point; thence, south 2 Page 4271 degrees 11 minutes 18 seconds east a distance of 238 feet to a point; thence, south 1 degree 48 minutes 55 seconds east a distance of 151.20 feet to a point, said point being an extension of the south right of way of Garden Drive; thence, along said right of way south 67 degrees 45 minutes west a distance of 1609.59 feet to a point, said point being the POINT OF BEGINNING. (19) Beginning at a point where the south margin of Green Meadow Drive intersects the west margin of Country Club Road, said point being the POINT OF BEGINNING. thence, along said west margin south 1 degree 47 minutes 44 seconds east a distance of 345.97 feet to a point; thence, north 85 degrees 54 minutes 19 seconds west a distance of 482.72 feet to a point; thence, north 3 degrees 13 minutes west a distance of 338 feet to a point on the south right of way of Green Meadow Drive; thence, north 2 degrees 54 minutes west a distance of 50.09 feet to a point on the north right of way of Green Meadow Drive; thence, along said right of way, north 89 degrees 23 minutes 10 seconds east a distance of 127.55 feet to a point; thence, north 2 degrees 21 minutes west a distance of 180.0 feet to a point; thence, south 89 degrees 23 minutes 10 seconds west a distance of 127.38 feet to a point; thence, north 0 degrees 04 minutes 33 seconds west a distance of 110.05 feet to a point; thence, north 82 degrees 30 minutes east a distance of 497.80 feet to a point, said point being on the west right of way of Country Club Road; thence, along said right of way south 0 degrees 50 minutes 59 seconds east a distance of 208.82 feet to a point; thence, south 1 degree 36 minutes 08 seconds east a distance of 75.74 feet to a point, said point being the intersection of the west right of way of Country Club Road and the north right of way of Green Meadow Drive; thence, south 01 degrees 36 minutes 08 seconds east a distance of 50.0 feet to a point, said point being the POINT OF BEGINNING. (20) Beginning at a point where the south right of way of Baytree Road intersects the east right of Page 4272 way of Gornto Road; thence, continuing along the south right of way of Baytree Road, south 88 degrees 40 minutes 56 seconds west a distance of 180.83 feet to a point, said point being the POINT OF BEGINNING. thence, south 2 degrees 01 minutes 06 seconds east a distance of 211.62 feet to a point; thence, north 88 degrees 09 minutes 29 seconds east a distance of 417.84 feet to a point; thence, south 0 degrees 32 minutes 59 seconds west a distance of 208.88 feet to a point; thence, north 89 degrees 48 minutes 21 seconds east a distance of 210.37 feet to a point; thence, north 0 degrees 54 minutes west a distance of 420.65 feet to a point which is located on the south right of way of Baytree Road; thence, along the south right of way, south 88 degrees 40 minutes 56 seconds west a distance of 627.00 feet to a point which is the POINT OF BEGINNING. (21) Beginning at a point where the south right of way of Baytree Road intersects the west right of way of Gornto Road, said point being the POINT OF BEGINNING. thence, along the west right of way of Gornto Road, south 2 degrees 23 minutes 02 seconds west a distance of 125 feet to a point; thence, south 89 degrees 47 minutes 32 seconds west a distance of 202.66 feet to a point; thence, south 1 degrees 8 minutes 43 seconds west a distance of 218.31 feet to a point; thence, north 89 degrees 41 minutes 50 seconds east a distance of 201.77 feet to a point on the west right of way of Gornto Road; thence, continuing along the west right of way, south 2 degrees 23 minutes 02 seconds east a distance of 97.60 feet to a point; thence, north 89 degrees 53 seconds west a distance of 198.17 feet to a point; thence, north 0 degrees 20 minutes 21 seconds west a distance of 11.99 feet to a point; thence, north 89 degrees 53 minutes 53 seconds west a distance of 209.55 feet to a point on the east right of way of Ellis Drive; thence, along the east right of way of Ellis Drive, north 4 degrees 51 minutes east a distance of 992.38 feet to a point where the east right of way of Ellis Drive intersects the south right of way of Baytree Road; thence, along the south right of way of Baytree Road, south 88 degrees Page 4273 40 minutes 56 seconds west a distance of 418 feet to a point, said point being the intersection of the south right of way of Baytree Road and the west right of way of Gornto Road and the POINT OF BEGINNING. (22) Beginning at a point where the east right of way of Bemiss Road intersects the north right of way of Pineview Drive; thence, running along the east right of way of Bemiss Road in a northerly direction a distance of 170.14 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the east right of way of Bemiss Road north 14 degrees 25 minutes east a distance of 81.44 feet to a point; thence, north 87 degrees 21 minutes east a distance of 257.36 feet to a point on the west margin of a 10 foot alley; thence, along the alley, north 13 degrees 0 minutes east a distance of 160.0 feet to a point; thence, north 87 degrees 31 minutes west a distance of 253.58 feet to a point on the east right of way of Bemiss Road; thence, along the right of way a distance of 161.34 feet to a point; thence, running easterly 248.48 feet to a point on the west margin of a 10 foot alley and being 80 feet south of Randolph Street; thence, running northerly along the alley 80 feet to a point on the south right of way of Randolph Street; thence, running westerly along the south right of way 246.0 feet to a point, said point being the southeast intersection of Bemiss Road and Randolph Street; thence, along the east right of way of Bemiss Road north 18 degrees 23 minutes east a distance of 133.45 feet to a point; thence, easterly a distance of 251.92 feet to a point; thence, northerly 160.00 feet to a point; thence, westerly 245.67 feet to a point on the east right of way of Bemiss Road; thence, along the east right of way, north 18 degrees 23 minutes east a distance of 115.37 feet to a point; thence, south 87 degrees 7 minutes 40 seconds east a distance of 355.96 feet to a point; thence, south 88 degrees 9 minutes east a distance of 414.41 feet to a point; thence, south 05 degrees 36 minutes west a distance of 370.4 feet to a point on the north margin of Randolph Street; thence, north 89 degrees 10 minutes west Page 4274 along the north margin of Randolph Street a distance of 324.57 feet to a point; thence, southerly along the west right of way of Dukes Avenue to a point on the north right of way of Pineview Drive; thence, along said right of way, south 89 degrees 56 minutes west a distance of 240.78 feet to a point; thence, north 06 degrees 04 minutes 46 seconds east a distance of 164.03 feet to a point; thence, north 89 degrees 10 minutes west a distance of 235.37 feet to a point, said point being the POINT OF BEGINNING. (23) Beginning as a point of reference the inter-section of the north right of way of Pineview Drive and the east right of way of Dukes Avenue; thence, along the north right of way of Pineview Drive in an easterly direction a distance of 301.20 feet to a point, said point being the POINT OF BEGINNING. thence, northerly and parallel with Dukes Avenue a distance of 234.2 feet; thence, north 11 degrees 15 minutes west a distance of 320 feet to a point, said point being 150 feet east of the southeast corner of Randolph Street and Dukes Avenue; thence, south 89 degrees 10 minutes east along the south margin of Randolph Street a distance of 227.57 feet to a point; thence, north 00 degrees 50 minutes east a distance of 40 feet to a point on the north margin of Randolph Street; thence, due north a distance of 160.00 feet to a point; thence, north 89 degrees 26 minutes east a distance of 180.00 feet to an iron pin on the west margin of Orlando Drive; thence, along said right of way north 0 degrees 34 minutes west a distance of 207.45 feet to an iron pin; thence, south 88 degrees 57 minutes east a distance of 531.00 feet; thence, south 2 degrees 15 minutes 30 seconds west a distance of 375.00 feet; thence, south 02 degrees 15 minutes 30 seconds east a distance of 664.61 feet to a point, said point being the north right of way of Pineview Drive; thence, along said right of way in a westwardly direction to the POINT OF BEGINNING. (24) Beginning at a point on the south margin of Eager Road, said point being 300 feet west of the west right of way of Oak Street; thence, running Page 4275 894.38 feet southerly parallel with the west right of way of Oak Street to a point; thence, south 89 degrees 21 minutes 10 seconds west a distance of 583.68 feet to a point; thence, north 00 degrees 56 minutes west a distance of 887.11 feet to a point, said point being on the south right of way of Eager Road; thence, along said right of way north 87 degrees 17 minutes east a distance of 585.38 feet to the POINT OF BEGINNING. (25) Beginning at a point where the south right of way of Mossway intersects the west right of way of Country Club Road; thence, along the west right of way of Mossway south 88 degrees 29 minutes west a distance of 300 feet to a point; thence, south 1 degree 40 minutes east a distance of 211.68 feet to a point; thence, north 82 degrees 28 minutes east a distance of 317.32 feet to a point, said point being on the west right of way of Country Club; thence, along said right of way north 1 degree 00 minutes west a distance of 244 feet plus or minus to the POINT OF BEGINNING. (26) Beginning as a point of reference the northwest corner of Madison Highway and Industrial Blvd.; thence, along the west margin of Madison Highway a distance of 235 feet more or less to a point, said point being the POINT OF BEGINNING. thence, south 88 degrees 07 minutes west a distance of 218.87 feet to a point; thence, north 11 degrees 14 minutes west a distance of 100 feet to a point; thence, south 88 degrees 07 minutes west a distance of 7.2 feet to a point; thence, north 11 degrees 14 minutes west a distance of 226.11 feet to a point; thence, north 88 degrees 45 minutes east a distance of 217.8 feet to a point, said point being on the west margin of Madison Highway; thence, southerly along said right of way 300 feet more or less to the POINT OF BEGINNING. (27) As a point of reference begin at the northeast right of way of Spring Lake Circle and Tyndall Drive; thence, north 37 degrees 06 minutes 14 seconds Page 4276 east a distance of 230.0 feet to a point; thence, north 82 degrees 14 minutes 06 seconds east a distance of 28.28 feet to a point; thence, south 52 degrees 45 minutes 54 seconds east a distance of 105.0 feet to a point; thence, south 37 degrees 14 minutes 06 seconds west a distance of 106.33 feet to a point; thence, south 52 degrees 45 minutes 54 seconds east a distance of 183.26 feet to a point, said point being the POINT OF BEGINNING. thence, north 86 degrees 03 minutes 56 seconds east a distance of 134.80 feet to a point; thence, south 10 degrees 07 minutes 50 seconds east a distance of 280.0 feet to a point; thence, south 34 degrees 52 minutes 10 seconds west a distance of 100.00 feet to a point; thence, south 35 degrees 07 minutes 50 seconds east a distance of 200.0 feet to a point; thence, south 34 degrees 52 minutes 01 seconds west a distance of 100.0 feet to a point; thence, south 10 degrees 07 minutes 50 seconds east a distance of 87.35 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 80.00 feet to a point; thence, south 0 degrees 57 minutes 04 seconds west a distance of 25.71 feet to a point; thence, north 89 degrees 02 minutes 56 seconds west a distance of 240.00 feet to a point; thence, north 0 degrees 57 minutes 04 seconds east a distance of 62.71 feet to a point; thence, south 81 degrees 49 minutes 19 seconds west a distance of 335.94 feet to a point, said point located on the east right of way of Tyndall Drive; thence, north 0 degrees 57 minutes 04 seconds east along the east right of way of Tyndall Drive a distance of 196.43 feet to a point; thence, north 1 degree 14 minutes 40 seconds west a distance of 134.09 feet to a point; thence, north 80 degrees 26 minutes 44 seconds east a distance of 129.71 feet to a point; thence, north 51 degrees 24 minutes 32 seconds east a distance of 119.46 feet to a point; thence, north 77 degrees 25 minutes 07 seconds east a distance of 38.84 feet to a point; thence, north 56 degrees 13 minutes 51 seconds east a distance of 109.83 feet to a point; thence, north 15 degrees 39 minutes 51 seconds east a distance of 85.33 feet to a point; thence, north 27 degrees 19 minutes 21 seconds east a distance of 65.61 feet to a point, said point being the POINT OF BEGINNING. Page 4277 (28) As a point of reference where the north right of way of Northside Drive intersects the east right of way of Bemiss Road; thence, north 19 degrees 23 minutes 34 seconds east along the east right of way of Bemiss Road 523.89 feet to a point, said point being the POINT OF BEGINNING. thence, south 71 degrees 25 minutes 42 seconds east a distance of 1252.31 feet to a point; thence, north 18 degrees 05 minutes 51 seconds east a distance of 556.13 feet to a point; thence, north 74 degrees 27 minutes 48 seconds west a distance of 780 feet to a point; thence, north 16 degrees 24 minutes east a distance of 140 feet to a point; thence, north 74 degrees 27 minutes 48 seconds west a distance of 450 feet to a point, said point being on the east right of way of Bemiss Road; thence, south 16 degrees 24 minutes 00 seconds east along said right of way a distance of 696.13 feet to a point, said point being the POINT OF BEGINNING. (29) As a point of reference the intersection of the north right of way of Connell Road and the west right of way of Bemiss Road; thence, north 19 degrees 30 minutes east a distance of 50 feet to a point, said point being the mitered right of way of Connell Road and Bemiss Road also the POINT OF BEGINNING. thence, north 19 degrees 30 minutes east along the west right of way of Bemiss Road a distance of 400.0 feet to a point; thence, north 70 degrees 30 minutes west a distance of 534.59 feet to a point; thence, south 8 degrees 09 minutes 32 seconds west a distance of 474.15 feet to a point, said point being on the north right of way of Connell Road; thence, along the curving right of way a chord distance of 288.28 feet whose bearing is south 74 degrees 51 minutes 44 seconds east to a point; thence, south 67 degrees 53 minutes east a distance of 104.10 feet to a point; thence, north 65 degrees 48 minutes 30 seconds east a distance of 69.08 feet to a point, said point being the POINT OF BEGINNING. (30) As a point of reference the intersection of the centerline of Baytree Road Extension and GA 94; thence, south 77 degrees 53 minutes west a distance of 78.51 feet to a point, said point being on Page 4278 the south right of way of GA 94 also the POINT OF BEGINNING. thence, south 29 degrees 10 minutes 05 seconds west a distance of 221.79 feet to a point; thence, north 60 degrees 50 minutes west a distance of 156.40 feet to a point; thence, north 1 degree 45 minutes west a distance of 255 feet more or less to a point, said point being on the south right of way of GA 94; thence, along said right of way south 60 degrees 50 minutes east a distance of 290 feet more or less to a point, said point being the POINT OF BEGINNING. (31) As a point of reference where the south right of way of Murray Road intersects the east right of way of Oak Street Extension; thence, along the east right of way of Oak Street, south 0 degrees 02 minutes 00 seconds east a distance of 348.06 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along said right of way, south 0 degrees 02 minutes east a distance of 275 feet to a point; thence, north 86 degrees 46 minutes east a distance of 683.60 feet to a point; thence, north 0 degrees 02 minutes east a distance of 275 feet to a point; thence, south 86 degrees 46 minutes west a distance of 683.60 feet to a point, said point being the POINT OF BEGINNING. (32) Beginning at the intersection of the east right of way of Oak Street Extension and the south right of way of Murray Road, said point being the POINT OF BEGINNING. thence, along the east right of way of Oak Street Extension, south 0 degrees 02 minutes east a distance of 248.06 feet to a point; thence, north 86 degrees 46 minutes east a distance of 683.60 feet to a point; thence, north 0 degrees 02 minutes west a distance of 221.29 feet to a point, said point being on the south right of way of Murray Road; thence, along said right of way, south 89 degrees 51 minutes west a distance of 682.53 feet to a point, said point being the POINT OF BEGINNING. (33) As a point of reference only, begin at a point at the northeastern intersection of Ellis Drive and Page 4279 GA Highway 94, proceed across GA Highway 94 a distance of 68 feet to a point; thence, north 60 degrees 59 minutes 14 seconds west a distance of 159.11 feet to a point, said point being the POINT OF BEGINNING. thence, south 30 degrees 05 minutes 40 seconds west a distance of 208 feet plus or minus to a point; thence, north 61 degrees 40 minutes 24 seconds west a distance of 206.66 feet to a point; thence, north 30 degrees 05 minutes 40 seconds east a distance of 208 feet plus or minus to a point, said point being on the south right of way of GA 94; thence, along said right of way, south 60 degrees 59 minutes 14 seconds east a distance of 206.66 feet to a point, said point being the POINT OF BEGINNING. (34) Beginning where the south right of way of Ramblewood Circle intersects the west right of way of Country Club Road, said point being the POINT OF BEGINNING. thence, along the west right of way, south 0 degrees 23 minutes east a distance of 264.0 feet to a point; thence, south 88 degrees 29 minutes west a distance of 562.75 feet to a point; thence, 0 degrees 28 minutes west a distance of 227.45 feet to a point, said point being on the north right of way of Mossway; thence, continuing along the north right of way, north 87 degrees 55 minutes 30 seconds west a chord distance of 205.87 feet to a point; thence, continuing along said right of way, north 87 degrees 43 minutes 05 seconds west a distance of 177.93 feet to a point; thence, north 31 degrees 57 minutes 22 seconds west a distance of 192.07 feet to a point; thence, north 5 degrees 53 minutes 37 seconds west a distance of 99.25 feet to a point; thence, north 28 degrees 15 minutes 39 seconds west a distance of 110.22 feet to a point; thence, north 84 degrees 57 minutes east a distance of 282.91 feet to a point; thence, north 3 degrees 12 minutes west a distance of 493.10 feet to a point; thence, south 52 degrees 11 minutes 30 seconds east a distance of 424.20 feet to a point, said point being on the arcing right of way of Ramblewood Circle; thence, an arc distance around the 50 foot radius of Ramblewood Circle 168.42 feet to a point, said point being the intersection Page 4280 of the arcing right of way and the south right of way of Ramblewood Circle; thence, along said south right of way north 84 degrees 48 minutes 30 seconds east a distance of 437.46 feet to a point, said point being the POINT OF BEGINNING. (35) As a point of reference only where the west right of way of Forrest Street intersects the north right of way of Northside Drive; thence, along the said west right of way of Forrest Street north 1 degree 17 minutes 30 seconds east a distance of 1520.14 feet to a point, said point being the POINT OF BEGINNING. thence, north 88 degrees 42 minutes 30 seconds west a distance of 814.71 feet to a point; thence, north 20 degrees 34 minutes west a distance of 124.10 feet to a point; thence, north 29 degrees 40 minutes east a distance of 150.0 feet to a point; thence, north 60 degrees 20 minutes west a distance of 130.00 feet to a point, said point being on the east right of way of Melrose Drive; thence, along said east right of way north 29 degrees 40 minutes east a distance of 152.16 feet to a point; thence, south 73 degrees 48 minutes east a distance of 211.05 feet to a point; thence, north 1 degree 17 minutes 30 seconds east a distance of 162.22 feet to a point; thence, south 88 degrees 03 minutes 39 seconds east a distance of 609.76 feet to a point, said point being on the west right of way of Forrest Street; thence, along said right of way south 1 degree 19 minutes east a distance of 631.90 feet to a point, said point being the POINT OF BEGINNING. (36) Begin where the west right of way of Country Club Road intersects the north right of way of Ramblewood Circle, said point being the POINT OF BEGINNING. thence, along the north right of way of Ramblewood Circle, south 84 degrees 48 minutes 30 seconds west a distance of 382.32 feet to a point; thence, north 5 degrees 11 minutes 30 seconds west a distance of 330 feet to a point; thence, north 65 degrees 37 minutes 40 seconds east a distance of 232.09 feet to a point; thence, north 60 degrees 17 minutes east a distance of 202.10 feet to a point, said Page 4281 point being on the west right of way of Country Club road; thence, south 0 degrees 01 minutes east along said right of way a distance of 408 feet to a point, said point being the POINT OF BEGINNING. (37) As a point of reference where the east extended right of way of Norman Drive intersects the south extended right of way of St. Augustine Road; thence, along the curving east right of way of Norman Drive a distance of 420 feet plus or minus to a point, said point being the POINT OF BEGINNING. thence, north 88 degrees 40 minutes east a distance of 306.91 feet to a point; thence, south 1 degree 20 minutes east a distance of 517.90 feet to a point; thence, south 88 degrees 40 minutes west a distance of 206.50 feet to a point, said point being on the east right of way of Norman Drive; thence, along said right of way north 00 degrees 12 minutes east a distance of 661 feet to a point, said point being the POINT OF BEGINNING. (38) As a point of reference where the west right of way of U. S. Highway 41 intersects the north right of way of Industrial Boulevard; thence, along the west right of way of U. S. Highway 41, north 49 degrees 57 minutes 30 seconds west a distance of 557.62 feet to a point, said point being the POINT OF BEGINNING. thence, south 45 degrees 36 minutes 06 seconds west a distance of 200.94 feet to a point; thence, north 50 degrees 20 minutes 03 seconds west a distance of 133.09 feet to a point; thence, north 40 degrees 41 minutes 30 seconds east a distance of 200 feet more or less to a point, said point being on the west right of way of U. S. Highway 41; thence, along said right of way south 49 degrees 57 minutes 30 seconds east a distance of 140 more or less to a point, said point being the POINT OF BEGINNING. (39) Beginning at the northeast miter of North Valdosta Road and the east right of way of Country Club Road, said point being the POINT OF BEGINNING. thence, along the mitered right of way south 39 degrees 59 minutes east a distance of 150.7 feet Page 4282 to a point, said point being the north right of way of U. S. Highway 41; thence, along said right of way south 82 degrees 42 minutes east a distance of 1000.58 feet to a point; thence, north 0 degrees 02 minutes west a distance of 948.75 feet to a point; thence, north 87 degrees 41 minutes west a distance of 450.38 feet toa point; thence, south 89 degrees 31 minutes west a distance of 330.18 feet to a point; thence, south 00 degrees 19 minutes west a distance of 230.21 feet to a point; thence, north 89 degrees 55 minutes west a distance of 309.30 feet to a point, said point being on the east right of way of Country Club Road; thence, continuing along the east right of way of Country Club Road, north 0 degrees 23 minutes west a distance of 1180.1 feet to a point, said point being the intersection of the east right of way of Country Club Road and the north right of way of Old National Highway (U. S. 41); thence, continuing along the projected east right of way of Country Club Road, a distance of 50.06 feet to a point, said point being on the north right of way of Old National Highway; thence, along the north right of way of the Old National Highway north 86 degrees 53 minutes east a distance of 132 feet more or less to a point; thence, continuing along the north right of way south 65 degrees 37 minutes east a distance of 1270 feet more or less to a point; thence, north 0 degrees 45 minutes west a distance of 3533 feet to a point, said point being in the center of Stillhouse Branch Creek; thence, south 82 degrees 37 minutes 56 seconds east a distance of 188.05 feet to a point; thence, north 49 degrees 57 minutes 27 seconds east a distance of 79.37 feet to a point; thence, south 72 degrees 28 minutes 58 seconds east a distance of 216.88 feet to a point; thence, north 75 degrees 06 minutes 35 seconds east a distance of 244.31 feet to a point; thence, north 75 degrees 06 minutes 35 seconds east a distance of 244.31 feet to a point; thence, south 56 degrees 15 minutes 00 seconds east a distance of 152.73 feet to a point; thence, north 65 degrees 10 minutes 56 seconds east a distance of 428.37 feet to a point; thence, south 0 degrees 57 minutes 34 seconds east a distance of 1281.39 feet to a point; thence, south 0 degrees 57 minutes 36 seconds east Page 4283 a distance of 1012.99 feet to a point; thence, north 88 degrees 21 minutes east a distance of 177.50 feet to a point, said point being he west right of way of Sedgefield Drive; thence, north 49 degrees 41 minutes 24 seconds east a distance of 64.03 feet to a point, said point being the east right of way of Sedgefield Drive; thence, north 88 degrees 21 minutes east a distance of 125.0 feet to a point; thence, south 33 degrees 22 minutes 45 seconds east a distance of 151.11 feet to a point; thence, south 44 degrees 09 minutes 58 seconds east a distance of 96.97 feet to a point; thence, north 82 degrees 16 minutes 39 seconds east a distance of 138.67 feet to a point, said point on the west right of way of Cambridge Drive; thence, south 75 degrees 03 minutes 24 seconds east a distance of 53.64 feet to a point on the east right of way of Cambridge Drive; thence, north 84 degrees 29 minutes 30 seconds east a distance of 151.43 feet to a point; thence, north 1 degree 39 minutes west a distance of 547.08 feet to a point; thence, north 89 degrees 05 minutes east 1038.10 feet to a point on the west margin of Cherry Creek Road (Oak Street Extension); thence, south 0 degrees 38 minutes east along the west right of way of Cherry Creek Road 1000.0 feet to a point; thence, south 89 degrees 05 minutes west a distance of 1050 feet more or less to a point; thence, south 1 degree 22 minutes east a distance of 200 feet to a point; thence, north 89 degrees 05 minutes east a distance of 1050 feet more or less to a point, said point being on the west right of way of Cherry Creek Road; thence, south 0 degrees 38 minutes east along the west right of way of Cherry Creek Road (Oak Street Extension) a distance of 236.75 feet to a point, said point being the intersection of the 35/36 and 57/58 Land Lot Line with the right of way; thence, along the west right of way of Oak Street Extension a distance of 206.25 feet to a point; thence, south 86 degrees 36 minutes 13 seconds west a distance of 379.95 feet to a point; thence, north 0 degrees 31 minutes 20 seconds west a distance of 242.86 feet to a point; thence, south 86 degrees 31 minutes 34 seconds west a distance of 451.80 feet to a point; thence, south 89 degrees 09 minutes 07 seconds Page 4284 west a distance of 209.92 feet to a point; thence, south 89 degrees 10 minutes 06 seconds west a distance of 226.02 feet to a point; thence, south 0 degrees 42 minutes 42 seconds east a distance of 687.35 feet to a point; thence, north 88 degrees 44 minutes 27 seconds east a distance of 535.32 feet to a point; thence, south 7 degrees 39 minutes 25 seconds east a distance of 38.78 feet to a point; thence, north 89 degrees 24 minutes 50 seconds east a distance of 724.85 feet to a point, said point being on the west right of way of Oak Street Extension; thence, along the west right of way of Oak Street Extension a distance of 408.78 feet to a point, said point being the intersection of the west right of way of Oak Street Extension and the south right of way of the Inner-Perimeter Road; thence, along said south right of way south 88 degrees 56 minutes 05 seconds east a distance of 104.73 feet to a point; thence, along the curving right of way a chord distance and bearing south 56 degrees 52 minutes 32 seconds east a distance of 238.31 feet to a point; thence, north 87 degrees 39 minutes 31 seconds west a distance of 137 feet plus or minus to a point; thence, north 8 degrees 03 minutes 10 seconds west a distance of 237.46 feet to a point; thence, south 89 degrees 30 minutes west a distance of 181.58 feet to a point; thence, south 8 degrees 03 minutes 10 seconds west a distance of 366.75 feet to a point, said point being on the north right of way of Perimeter Road; thence, south 7 degrees 30 minutes 12 seconds east a distance of 643.81 feet to a point; thence, south 22 degrees 23 minutes west a distance of 480.68 feet to a point on the north right of way of U. S. Highway 41; thence, along said highway south 46 degrees 25 minutes east a distance of 147.72 feet to a point; thence, continuing along said right of way 160.0 feet to a point; thence, northeast at a right angle with the north right of way of U. S. Highway 41 a distance of 38 feet to a point; thence, north 89 degrees 68 minutes east a distance of 489.0 feet to a point on the west right of way of North Oak Street Extension; thence, along the west right of way of said street 460.0 feet to a point; thence, south 75 degrees 40 minutes west a distance of 16 Page 4285 feet to a point; thence, south 0 degrees 0 minutes east a distance of 115 feet to a point; thence, south 75 degrees 40 minutes west 27.02 feet to the east margin of the right of way of North U. S. Highway 41; thence, south 58 degrees 35 minutes west 200.0 feet to the west margin of the right of way of North U. S. Highway 41; thence, north 31 degrees 33 minutes west along the west right of way of U. S. Highway 41 a distance of 32.23 feet to a point; thence, north 34 degrees 10 minutes west along the west right of way of U. S. Highway 41 a distance of 167.97 feet to a point, said point being the intersection of the west right of way of U. S. Highway 41 and the south right of way of Briggs Street; thence, along the south right of way of Briggs Street south 59 degrees 58 minutes west a distance of 545.84 feet to a point; thence, running 137.45 feet along the arc whose chord distance of 129.02 feet at south 24 degrees 49 minutes west to a point; thence, south 10 degrees 20 minutes east a distance of 92.10 feet to a point; thence, running 176.71 feet along the arc whose chord distance is 174.33 feet at south 26 degrees 45 minutes east to a point; thence, south 43 degrees 10 minutes east a distance of 226.90 feet to a point; thence, running 187.72 feet along the arc whose chord distance is 181.96 feet at south 67 degrees 53 minutes east to a point; thence, north 87 degrees 24 minutes east along the north right of way of Smithbriar Drive, a distance of 422.13 feet to a point; thence, north 0 degrees 51 minutes west a distance of 9.60 feet to a point; thence, north 89 degrees 09 minutes east along the north right of way of Smithbriar Drive 80.0 feet to a point, said point being the intersection of the projected east right of way of North Oak Street with the north right of way of Smithbriar Drive; thence, south along the east margin of North Oak Street a distance of 1599.42 feet plus or minus to a point; thence, south 89 degrees 42 minutes 57 seconds west a distance of 80 feet to a point, said point being the west right of way of Oak Street; thence, along said right of way north 0 degrees 15 minutes east a distance of 330.0 feet to a point; thence, south 87 degrees 00 minutes west a distance of 281 feet to a point; thence, south o degrees Page 4286 15 minutes east a distance of 398.04 feet to a point; thence, south 89 degrees 45 minutes west a distance of 132.96 feet to a point, said point being on the east right of way of Walmar Place; thence, along the east right of way, south 0 degrees 15 minutes east a distance of 120 feet to a point, said point being on the north right of way of Eager Road; thence, along the north right of way south 87 degrees 17 minutes west a distance of 172.98 feet to a point; thence, north 0 degrees 15 minutes west a distance of 513.4 feet to a point; thence, south 87 degrees 45 minutes west a distance of 199.87 feet to a point; thence, south 29 degrees 45 minutes west a distance of 172.13 feet to a point on the northeast quadrant of Jadan Place cul-de-sac; thence, 54.82 feet along said cul-de-sac to a point; thence, north 82 degrees 19 minutes east a distance of 115.91 feet to a point; thence, south 0 degrees 15 minutes east a distance of 115.0 feet to a point; thence, south 89 degrees 45 minutes west a distance of 132.86 feet to a point on the east margin of Jadan Place; thence, south 0 degrees 15 minutes east a distance of 220.0 feet to a point on the north margin of Eager Road; thence, south 87 degrees 45 minutes west along the north right of way of Eager Road a distance of 40.04 feet to a point, said point being the intersection of the north right of way of Eager Road and the west right of way of Jadan Place; thence, north 0 degrees 15 minutes west along the west margin of Jadan Place a distance of 309.46 feet to a point on the southwest quadrant of Jadan Place cul-de-sac. thence, 28.97 feet along said cul-de-sac to a point; thence, north 82 degrees 49 minutes west a distance of 115.91 feet to a point; thence, south 0 degrees 15 minutes east a distance of 341.04 feet to a point on the north margin of Eager Road; thence, south 86 degrees 31 minutes west a distance of 155.0 feet plus or minus to a point; thence, north 03 degrees 37 minutes 19 seconds east a distance of 379.60 feet to a point; thence, south 87 degrees 34 minutes 23 seconds west a distance of 204.32 feet to a point; thence, south 02 degrees 40 minutes 39 seconds east a distance of 370.01 feet to a point, said point being on the north right of way of Eager Road; thence, along Page 4287 the north right of way of Eager Road south 86 degrees 31 minutes west a distance of 857.44 feet to a point; thence, north 1 degree 00 minutes east a distance of 253.10 feet to a point; thence, south 87 degrees 21 minutes west a distance of 210.6 feet to a point; thence, north 0 degrees 54 minutes west a distance of 541.9 feet, said point being on the south right of way of Bagatelle Road; thence, along said right of way north 87 degrees 28 minutes east a distance of 204.13 feet to a point; thence, south 3 degrees 10 minutes west a distance of 21.59 feet to a point; thence, north 86 degrees 47 minutes east a distance of 167.48 feet to a point; thence, north 0 degrees 48 minutes east a distance of 438.48 feet to a point; thence, south 86 degrees 47 minutes west a distance of 151.43 feet to a point; thence, north 1 degree 18 minutes east a distance of 100.38 feet to a point; thence, north 0 degrees 44 minutes east a distance of 238.41 feet to a point, said point being on the southeast corner of Blandwood Road and Northfield Road; thence, north 6 degrees 36 minutes west a distance of 50.17 feet to a point, said point being the north right of way of Northfield Road; thence, north 1 degree 57 minutes west a distance of 174.15 feet to a point; thence, south 87 degrees 49 minutes west a distance of 575.0 feet to a point; thence, south 88 degrees 49 minutes 36 seconds west a distance of 862.70 feet to a point; thence, north 1 degree 58 minutes west a distance of 113.71 feet to a point, said point being on the south right of way of Smithbriar Drive; thence, along the curving south right of way a chord bearing and distance south 71 degrees 54 minutes 04 seconds west a distance of 60.31 feet to a point; thence, continuing along said right of way south 84 degrees 46 minutes west a distance of 431.65 feet to a point, said point being the intersection of the south right of way of Smithbriar Drive and the east right of way of Country Club Road; thence, along the east right of way of Country Club Road north 0 degrees 23 minutes west a distance of 540 feet more or less to a point; thence, north 88 degrees 29 minutes east a distance of 290.0 feet to a point; thence, north 0 degrees 09 minutes east a distance of 155.0 feet to a point; thence, south Page 4288 89 degrees 51 minutes east a distance of 46.58 feet to a point; thence, north 88 degrees 02 minutes east a distance of 150.98 feet to a point, said point being on the west right of way of Pine Point Circle; thence, along said right of way north 1 degree 58 minutes west a distance of 147.80 feet to a point; thence, south 88 degrees 02 minutes west a distance of 151.30 feet to a point; thence, north 2 degrees 15 minutes west a distance of 42.20 feet to a point; thene, north 0 degrees 42 minutes west a distance of 337.6 feet to a point located in the centerline of creek; thence, northeasterly along the meander of the creek a distance of 1547 feet more or less to a point; thence, south 74 degrees 07 minutes east a distance of 122 feet more or less to a point; thence, north 64 degrees 33 minutes 56 seconds east a distance of 247.46 feet to a point; thence, south 12 degrees 12 minutes east a distance of 356.0 feet to a point, said point being on the north right of way of Pine Point Circle; thence, south 20 degrees 39 minutes east a distance of 60.0 feet to a point, said point being on the south right of way of Pine Point Circle; thence, along said south right of way north 69 degrees 21 minutes west a distance of 15 feet plus or minus to a point; thence, south 23 degrees 28 minutes east a distance of 329.7 feet to a point; thence, north 77 degrees 18 minutes east a distance of 230.0 feet to a point; thence, north 27 degrees 41 minutes west a distance of 357.4 feet to a point, said point being on the south right of way of Pine Point Circle; thence, along said south right of way north 69 degrees 21 minutes west a distance of 124.50 feet to a point; thence, north 20 degrees 39 minutes west a distance of 60.0 feet to a point, said point being on the north right of way of Pine Point Circle; thence, along the curving north right of way in a northeasterly direction 75.05 feet to a point; thence, north 36 degrees 27 minutes west a distance of 284.3 feet to a point, said point being in the run of the creek; thence, in a southwesterly direction along the meander of said creek a distance of 240 feet plus or minus to a point; thence, north 2 degrees 10 minutes 35 seconds west a distance of 350.25 feet to a point, said point being on the south Page 4289 right of way of U. S. Highway 41; thence, along said south right of way north 82 degrees 27 minutes 38 seconds west a distance of 2041.09 feet plus or minus to a point, said point being the intersection of the south right of way of U. S. Highway 41 and the projected east right of way of Country Club Road; thence, continuing along the projection of Country Club Road right of way north 0 degrees 23 minutes west a distance of 305.0 feet to a point, said point being the POINT OF BEGINNING. (40) As a point of reference only where the extended south right of way of Lake Laurie Drive intersects the extended east right of way of Lake Shore Drive South; thence, along the east right of way of Lake Shore Drive South 14 degrees 05 minutes west a distance of 100.0 feet to a point; thence, continuing along said right of way south 28 degrees 05 minutes west a distance of 113.97 feet to a point; thence, south 42 degrees 05 minutes west a distance of 39.38 feet to a point, said point being the beginning of a cul-de-sac with a 70 foot radius; thence, along the margin of the cul-de-sac which has a chord of south 36 degrees 05 minutes west a distance of 110.33 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the margin of the cul-de-sac which has a chord of north 65 degrees 38 minutes 34 seconds west a distance of 61.95 feet to a point; thence, south 50 degrees 06 minutes 37 seconds west a distance of 436.61 feet to a point; thence, south 5 degrees 04 minutes 36 seconds west a distance of 57.12 feet to a point; thence, south 22 degrees 06 minutes 53 seconds west a distance of 128.03 feet to a point; thence, south 2 degrees 22 minutes 09 seconds east a distance of 88.54 feet to a point, said point being in the centerline of Stillhouse Branch; thence, north 60 degrees 27 minutes 19 seconds east a distance of 79.93 feet to a point; thence, north 76 degrees 41 minutes east a distance of 68.60 feet to a point; thence, north 83 degrees 53 minutes 50 seconds east a distance of 32.17 feet to a point; thence, north 77 degrees 07 minutes 28 seconds east a distance of 92.55 feet to a point; thence, north 68 degrees 28 minutes 54 seconds east Page 4290 a distance of 35.84 feet to a point; thence, north 69 degrees 07 minutes 43 seconds east a distance of 75.78 feet to a point; thence, north 50 degrees 22 minutes 11 seconds east a distance of 115.58 feet to a point; thence, north 36 degrees 04 minutes 33 seconds east a distance of 7.43 feet to a point; thence, north 1 degree 54 minutes 15 seconds west a distance of 315.45 feet to a point, said point being the POINT OF BEGINNING. (41) As a point of reference only where the west right of way of Cherry Creek Road also known as Staten Road intersects the north right of way of Cherry Creek Drive; thence, along said north right of way of Cherry Creek Drive, south 88 degrees 03 minutes west a distance of 2047.42 feet to a point; thence, continuing along said north right of way south 89 degrees 59 minutes west a distance of 25.0 feet to a point, said point being the POINT OF BEGINNING. thence, north 1 degree 57 minutes west a distance of 334.16 feet to a point; thence, south 88 degrees 03 minutes west a distance of 344.16 feet to a point, said point being on the east right of way of The Ridge Road; thence, along the curving right of way which has a chord of south 46 degrees 57 minutes east a distance of 486.72 feet to a point, said point being the POINT OF BEGINNING. (42) As a point of reference only where the west right of way of Cherry Creek Road, also known as Staten Road, intersects the south right of way of Lake Shore Drive South; thence, along the south right of way of Lake Shore Drive South, south 88 degrees 48 minutes west a distance of 55.22 feet to a point; thence, continuing along the said curving right of way which has a chord of south 75 degrees 24 minutes west a distance of 244.48 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the curving south right of way a chord of south 47 degrees 34 minutes 44 seconds west a distance of 300.35 feet to a point; thence, south 61 degrees 23 minutes 56 seconds east a distance of 311.79 feet to a point; thence, north 31 degrees 51 minutes Page 4291 44 seconds east a distance of 129.14 feet to a point; thence, north 26 degrees 24 minutes 41 seconds west a distance of 270.34 feet to a point, said point being the POINT OF BEGINNING. (43) As a point of reference only where the west right of way of Cherry Creek Road, also known as Staten Road, intersects the south right of way of Lake Shore Drive South; thence, along said south right of way south 88 degrees 48 minutes west a distance of 55.22 feet to a point; thence, continuing along the said curving right of way which has a chord of south 75 degrees 24 minutes west a distance of 244.48 feet to a point; thence, continuing along the curving south right of way a chord of south 47 degrees 34 minutes 44 seconds west a distance of 300.35 feet to a point; thence, running along the curving right of way which has a chord of south 24 degrees 15 minutes 14 seconds west a distance of 122.16 feet to a point; thence, running along the south right of way south 17 degrees 48 minutes west a distance of 107.84 feet to a point, said point being the POINT OF BEGINNING. thence, along the right of way of Lake Shore Drive South, south 17 degrees 48 minutes west a distance of 29.95 feet to a point; thence, along the curving south right of way a chord of south 31 degrees 56 minutes west a distance of 201.76 feet to a point; thence, south 74 degrees 37 minutes 13 seconds east a distance of 369.58 feet to a point; thence, north 17 degrees 48 minutes east a distance of 210 feet to a point; thence, north 72 degrees 12 minutes west a distance of 320 feet to a point, said point being the POINT OF BEGINNING. (44) As a point of reference only where the west right of way of Cherry Creek Road intersects the north right of way of Lake Shore Drive South; thence, along said north right of way south 88 degrees 48 minutes west a distance of 54.76 feet to a point; thence, continuing along the said curving right of way which has a chord of south 81 degrees 51 minutes west a distance of 145.50 feet to a point; thence, running along the said curving right of way which has Page 4292 a chord of south 67 degrees 34 minutes west a distance of 156.0 feet to a point; thence, continuing along the curving north right of way of Lake Shore Drive South a chord of south 51 degrees 17 minutes west a distance of 184.75 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the curving right of way which has a chord of south 34 degrees 17 minutes west a distance of 171.23 feet to a point; thence, along said right of way south 22 degrees 02 minutes west a distance of 87.70 feet to a point; thence, along said right of way south 17 degrees 48 minutes west a distance of 137.79 feet to a point; thence, continuing along the curving right of way which has a chord of south 29 degrees 13 minutes west a distance of 139.30 feet to a point; thence, along the curving right of way which has a chord of south 45 degrees 26 minutes west a distance of 62.75 feet to a point; thence, along the curving right of way which has a chord of south 50 degrees 45 minutes west a distance of 49.72 feet to a point; thence, along the curving right of way which has a chord of south 44 degrees 50 minutes west a distance of 42.05 feet to a point; thence, north 73 degrees 41 minutes west a distance of 377.45 feet to a point; thence, north 34 degrees 42 minutes east a distance of 156.88 feet to a point; thence, north 26 degrees 50 minutes east a distance of 63.0 feet to a point; thence, north 50 degrees 52 minutes east a distance of 112.58 feet to a point; thence, north 23 degrees 09 minutes east a distance of 97.50 feet to a point; thence, north 0 degrees 35 minutes east a distance of 90.42 feet to a point; thence, north 37 degrees 46 minutes east a distance of 130.35 feet to a point; thence, north 42 degrees 02 minutes east a distance of 90.01 feet to a point; thence north 54 degrees 25 minutes east a distance of 125.0 to a point; thence, south 48 degrees 12 minutes east a distance of 306.28 feet to a point, said point being the POINT OF BEGINNING. (45) Beginning at a point where the west right of way of Cherry Creek Road intersects the north right of way of Lake Shore Drive South and said point being the point of BEGINNING. thence, along the Page 4293 north right of way of Lake Shore Drive South, south 88 degrees 48 minutes west a distance of 54.76 feet to a point; thence, continuing along the curving north right of way which has a chord of south 81 degrees 51 minutes west a distance of 145.50 feet to a point; thence, running along the curving right of way which has a chord of south 67 degrees 34 minutes west a distance of 156.0 feet to a point; thence, north 45 degrees 09 minutes west a distance of 30.41 feet to a point; thence, north 1 degree 05 minutes east a distance of 183.51 feet to a point; thence, north 21 degrees 23 minutes east a distance of 102.22 feet to a point; thence, north 30 degrees 51 minutes east a distance of 179.60 feet to a point; thence, south 56 degrees 01 minutes east a distance of 331.58 feet to a point; thence, north 88 degrees 41 minutes east a distance of 142.0 feet to a point, said point being on the west right of way of Cherry Creek Road also known as Staten Road; thence, along said right of way south 1 degree 36 minutes east a distance of 431.0 feet to a point, said point being the POINT OF BEGINNING. (46) As a point of reference only where the west right of way of Cherry Creek Road intersects the north right of way of Lake Shore Drive South; thence, along said north right of way south 88 degrees 48 minutes west a distance of 54.76 feet to a point; thence, continuing along the said curving right of way which has a chord of south 81 degrees 51 minutes west a distance of 145.50 feet to a point; thence, running along the said curving right of way which has a chord of south 67 degrees 34 minutes west a distance of 156.0 feet to a point; thence, continuing along the curving north right of way of Lake Shore Drive South a chord of south 51 degrees 17 minutes west a distance of 184.75 feet to a point; thence, continuing along the curving right of way which has a chord of south 34 degrees 17 minutes west a distance of 171.23 feet to a point; thence, along said right of way south 22 degrees 02 minutes west a distance of 87.70 feet to a point; thence, along said right of way south 17 degrees 48 minutes west a distance of 137.79 feet to a Page 4294 point; thence, continuing along the curving right of way which has a chord of south 29 degrees 13 minutes west a distance of 139.30 feet to a point; thence, along the curving right of way which has a chord of south 45 degrees 26 minutes west a distance of 62.75 feet to a point; thence, along the curving right of way which has a chord of south 50 degrees 45 minutes west a distance of 49.72 feet to a point; thence, along the curving right of way which has a chord of south 44 degrees 50 minutes west a distance of 42.05 feet to a point; thence, along the curving right of way which has a chord of south 17 degrees 48 minutes west a distance of 163.79 feet to a point, said point being the POINT OF BEGINNING. thence, along the curving right of way which has a chord of south 11 degrees 11 minutes east a distance of 63.05 feet to a point; thence, along the right of way south 20 degrees 15 minutes east a distance of 251.93 feet to a point; thence, south 74 degrees 24 minutes west a distance of 436.19 feet to a point; thence, north 23 degrees 36 minutes west a distance of 229.33 feet to a point; thence, north 10 degrees 27 minutes west a distance of 126.55 feet to a point; thence, north 35 degrees 37 minutes east a distance of 156.50 feet to a point; thence, south 82 degrees 18 minutes east a distance of 337.83 feet to a point, said point being the POINT OF BEGINNING. (47) As a point of reference only where the west right of way of Cherry Creek Road intersects the north right of way of Lake Shore Drive South; thence, along said north right of way south 88 degrees 48 minutes west a distance of 54.76 feet to a point; thence, continuing along the said curving right of way which has a chord of south 81 degrees 51 minutes west a distance of 143.50 feet to a point; thence, running along the said curving right of way which has a chord of south 67 degrees 34 minutes west a distance of 156.0 to a point; thence, continuing along the curving north right of way of Lake Shore Drive South a chord of south 51 degrees 17 minutes west a distance of 184.75 feet to a point; thence, continuing along the curving right of way which has a chord of south 34 degrees 17 minutes west a distance of 171.23 feet Page 4295 to a point; thence, along said right of way south 22 degrees 02 minutes west a distance of 87.70 feet to a point; thence, along said right of way south 17 degrees 48 minutes west a distance of 137.79 feet to a point; thence, continuing along the curving right of way which has a chord of south 29 degrees 13 west a distance of 139.30 feet to a point; thence, along the curving right of way which has a chord of south 45 degrees 26 minutes west a distance of 62.75 feet to a point; thence, along the curving right of way which has a chord of south 50 degrees 45 minutes west a distance of 49.72 feet to a point; thence, along the curving right of way which has a chord of south 44 degrees 50 minutes west a distance of 42.05 feet to a point; thence, along the curving right of way which has a chord of south 17 degrees 48 minutes west a distance of 163.79 feet to a point; thence, along the curving right of way which has a chord of south 11 degrees 11 minutes east a distance of 63.05 feet to a point; thence, along the right of way south 20 degrees 15 minutes east a distance of 251.93 feet to a point; thence, along the curving right of way which has a chord of south 15 degrees 52 minutes 28 seconds east of distance of 165.0 feet to a point; thence, along the curving right of way which has a chord of south 7 degrees 23 minutes 48 seconds east a distance of 153.78 feet to a point; thence, along the right of way south 3 degrees 44 minutes east a distance of 47.37 feet to a point, said point being the POINT OF BEGINNING. thence, south 66 degrees 58 minutes 58 seconds west a distance of 365.55 feet to a point; thence, south 38 degrees 20 minutes 12 seconds east a distance of 301.15 feet to a point, said point being on the right of way of Lake Shore Drive South; thence, along the curving right of way which has a chord of north 27 degrees 18 minutes 15 seconds east a distance of 337.51 feet to a point; thence, along the right of way north 3 degrees 44 minutes west a distance of 79.40 feet to a point, said point being the POINT OF BEGINNING. (48) Beginning at a point where the east right of way of Lake Shore Drive North intersects the south right of way of Cherry Creek Drive, said point being Page 4296 the POINT OF BEGINNING. thence, along said south right of way north 88 degrees 03 minutes east a distance of 780.0 feet to a point; thence, south 1 degree 57 minutes east a distance of 394.95 feet to a point; thence, south 61 degrees 42 minutes west a distance of 125.0 feet to a point; thence, south 65 degrees 55 minutes west a distance of 228.79 feet to a point; thence, south 35 degrees 57 minutes west a distance of 82.08 feet to a point; thence, north 41 degrees 12 minutes west a distance of 432.15 feet to a point; thence, south 88 degrees 03 minutes west a distance of 132.0 feet to a point, said point being on the east right of way of Lake Shore Drive South; thence, along said right of way north 1 degree 57 minutes west a distance of 266.49 feet to a point, said point being the POINT OF BEGINNING. (49) As a point of reference only where the south right of way of Cherry Creek Drive intersects the east right of way of Lake Shore Drive North; thence, along said east right of way south 1 degree 57 minutes east a distance of 266.49 feet to a point; thence, continuing along said right of way south 5 degrees 57 minutes east a distance of 159.67 feet to a point, said point being the POINT OF BEGINNING. thence, along said right of way south 21 degrees 02 minutes west a distance of 165.03 feet to a point; thence, south 50 degrees 55 minutes east a distance of 430.39 feet to a point; thence, north 28 degrees 13 minutes east a distance of 75.06 feet to a point; thence, north 31 degrees 59 minutes east a distance of 100.0 feet to a point; thence, north 52 degrees 56 minutes west a distance of 455.45 feet to a point, said point being the POINT OF BEGINNING. (50) As a point of reference only where the south right of way of Cherry Creek Drive intersects the east right of way of Lake Shore Drive North; thence, along said east right of way south 1 degree 57 minutes east a distance of 266.49 feet to a point; thence, continuing along said right of way south 5 degrees 57 minutes west a distance of 159.67 feet to a point; thence, along said right of way south 21 degrees 02 minutes Page 4297 west a distance of 165.03 feet to a point; thence, continuing along said right of way south 36 degrees 07 minutes west a distance of 149.07 feet west a distance of 149.70 feet to a point, said point being the POINT OF BEGINNING. thence, south 47 degrees 42 minutes east a distance of 458.14 feet to a point; thence, south 38 degrees 33 minutes west a distance of 56.0 feet to a point; thence, south 54 degrees 47 minutes west a distance of 124.01 feet to a point; thence, south 51 degrees 49 minutes west a distance of 195.52 feet to a point; thence, south 57 degrees 57 minutes west a distance of 60.39 feet to a point; thence, south 73 degrees 01 minutes west a distance of 71.0 feet to a point; thence, south 84 degrees 20 minutes west a distance of 66.02 feet to a point; thence, south 86 degrees 28 minutes west a distance of 78.0 feet to a point; thence, south 66 degrees 28 minutes west a distance of 65.0 feet to a point; thence, south 53 degrees 01 minutes west a distance of 51.0 feet to a point; thence, south 55 degrees 17 minutes west a distance of 75.0 feet to a point; thence, south 45 degrees 36 minutes west a distance of 59.75 feet to a point; thence, south 33 degrees 45 minutes east a distance of 200.31 feet to a point; thence, south 6 degrees 07 minutes west a distance of 141.05 feet to a point; thence, south 20 degrees 46 minutes west a distance of 100.12 feet to a point; thence, south 54 degrees 07 minutes west a distance of 133.07 feet to a point; thence, south 74 degrees 40 minutes west a distance of 150.59 feet to a point; thence, south 46 degrees 45 minutes west a distance of 50.06 feet to a point; thence, north 27 degrees 57 minutes west a distance of 527.16 feet to a point, said point being on the south right of way of Lake Shore Drive North; thence, along said right of way north 52 degrees 40 minutes east a distance of 165.97 feet to a point; thence, along the right of way north 27 degrees 09 minutes east a distance of 118.27 feet to a point; thence, along said right of way north 16 degrees 06 minutes east a distance of 47.46 to a point; thence, along the right of way north 30 degrees 12 minutes east a distance of 184.43 feet to a point; thence, along the right of way north 57 degrees 11 minutes east Page 4298 a distance of 169.90 feet to a point; thence, along the right of way north 70 degrees 53 minutes east a distance of 26.57 feet to a point; thence, along the right of way north 74 degrees 06 minutes east a distance of 167.08 feet to a point; thence, along the right of way north 66 degrees 17 minutes east a distance of 162.7 feet to a point; thence, along the right of way north 50 degrees 57 minutes east a distance of 159.74 feet to a point, said point being the POINT OF THE BEGINNING. (51) Beginning where the south right of way of Lake Shore Drive North intersects the east right of way of The Ridge Road, said point being the POINT OF BEGINNING. Thence, along the south right of way of Lake Shore Drive North, south 88 degrees 10 minutes east a distance of 60.38 feet to a point; thence, along the curving right of way of said road which has a chord of north 83 degrees 13 minutes east a distance of 120.57 feet to a point; thence, along the curving right of way which has a chord of north 62 degrees 56 minutes east a distance of 173.59 feet to a point; thence, along the curving right of way which has a chord of north 50 degrees 39 minutes east a distance of 65.46 feet to a point; thence, along the curving right of way which has a chord of north 60 degrees 19 minutes east a distance of 117.09 feet to a point; thence, along the curving right of way which has a chord of north 76 degrees 25 minutes east a distance of 84.56 feet to a point; thence, along the curving right of way which has a chord of north 83 degrees 28 minutes east a distance of 53.29 feet to a point; thence, along the curving right of way which has a chord of north 79 degrees 54 minutes east a distance of 34.83 feet to a point; thence, south 17 degrees 34 minutes east a distance of 383.10 feet to a point; thence, north 63 degrees 34 minutes west a distance of 72.84 feet to a point; thence, south 70 degrees 28 minutes west a distance of 140.16 feet to a point; thence, south 49 degrees 32 minutes west a distance of 73.80 feet to a point; thence, south 5 degrees 23 minutes east a distance of 107.60 feet to a point; thence, south 41 degrees 22 minutes east a Page 4299 distance of 66.10 feet to a point; thence, south 23 degrees 11 minutes west a distance of 62.04 feet to a point; thence, south 61 degrees 35 minutes west a distance of 90.12 feet to a point; thence, south 77 degrees 53 minutes west a distance of 57.92 feet to a point; thence, south 87 degrees 49 minutes west a distance of 78.49 feet to a point; thence, north 81 degrees 27 minutes west a distance of 129.0 feet to a point; thence, north 76 degrees 49 minutes west a distance of 122.79 feet to a point; thence, north 45 degrees 50 minutes west a distance of 36.0 feet to a point; thence, north 24 degrees 09 minutes west a distance of 168.0 feet to a point, said point being on the east right of way of The Ridge Road; thence, along said right of way north 1 degree 51 minutes east a distance of 215.0 feet to a point, said point being the POINT OF BEGINNING. (52) As a point of reference only where the south right of way of Lake Shore Drive North intersects the east right of way of The Ridge Road; thence, along the south right of way of Lake Shore Drive North, south 88 degrees 10 minutes east a distance of 60.38 feet to a point; thence, along the curving right of way of said road which has a chord of north 83 degrees 13 minutes east a distance of 120.57 feet to a point; thence, along the curving right of way which has a chord of north 62 degrees 56 minutes east a distance of 173.59 feet to a point; thence, along the curving right of way which has a chord of north 50 degrees 39 minutes east a distance of 65.46 feet to a point; thence, along the curving right of way which has a chord of north 60 degrees 19 minutes east a distance of 117.09 feet to a point; thence, along the curving right of way which has a chord of north 76 degrees 25 minutes east a distance of 84.56 feet to a point; thence, along the curving right of way which has a chord of north 83 degrees 28 minutes east a distance of 53.29 feet to a point; thence, along the curving right of way which has a chord of north 79 degrees 54 minutes east a distance of 34.83 feet to a point; thence, along the curving right of way which has a chord of north 59 degrees 09 minutes east a distance Page 4300 of 195.32 feet to a point, said point being the POINT OF BEGINNING. thence, along the curving right of way which has a chord of north 39 degrees 54 minutes east a distance of 28.79 feet to a point; thence, along the curving right of way which has a chord of north 36 degrees 06 minutes east a distance of 70.28 feet to a point; thence, along the curving right of way which has a chord of north 51 degrees 12 minutes east a distance of 88.33 feet to a point; thence, south 25 degrees 21 minutes east a distance of 633.92 feet to a point; thence, south 50 degrees 34 minutes west a distance of 238.58 feet to a point; thence, north 20 degrees 06 minutes west a distance of 628.35 feet to a point, said point being the POINT OF BEGINNING. (53) As a point of reference only where the east right of way of The Ridge Road intersects the north extended right of way of Lake Shore Drive South; thence, along said north right of way north 40 degrees 03 minutes east a distance of 101.76 feet to a point; thence, along the curving right of way a chord of north 44 degrees 31 seconds east a distance of 52.6 feet to a point; thence, continuing along the curving north right of way a chord of north 60 degrees 33 minutes east a distance of 139.77 feet to a point; thence, along the curving right of way a chord of north 85 degrees 05 minutes east a distance of 153.8 feet to a point; thence, along the curving right of way a chord of south 79 degrees 04 minutes east a distance of 48.43 feet to a point; thence, along the right of way south 74 degrees 11 minutes east a distance of 78.01 feet to a point; thence, along the curving right of way a chord of south 76 degrees 04 minutes east a distance of 30.62 feet to a point, said point being the POINT OF BEGINNING. thence, along the curving right of way of Lake Shore Drive South a chord of south 82 degrees 51 minutes east a distance of 104.54 feet; thence, along said right of way south 88 degrees 28 minutes east a distance of 172.24 feet to a point; thence, along said curving right of way a chord of south 85 degrees 45 minutes east a distance of 34.50 feet to a point; thence, along the curving Page 4301 right of way a chord of south 72 degrees 48 minutes east a distance of 155.30 feet to a point; thence, north 33 degrees 30 minutes east a distance of 403.09 feet to a point; thence, north 18 degrees 21 minutes west a distance of 133.18 feet to a point; thence, north 71 degrees 45 minutes west a distance of 140.25 feet to a point; thence south 73 degrees 42 minutes west a distance of 134.10 feet to a point; thence, south 76 degrees 44 minutes west a distance of 137.57 feet to a point; thence, north 87 degrees 27 minutes west a distance of 109.05 feet to a point; thence, south 87 degrees 36 minutes west a distance of 106.12 feet to a point; thence, south 04 degrees 13 minutes west a distance of 372.72 feet to a point, said point being the POINT OF BEGINNING. (54) As a point of reference only where the east extended right of way of The Ridge Road intersects the north extended right of way of Lake Shore Drive South; thence, along said north right of way north 40 degrees 03 minutes east a distance of 101.76 feet to a point; thence, along the curving right of way a chord of north 44 degrees 31 minutes east a distance of 52.6 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the curving north right of way a chord of north 60 degrees 33 minutes east a distance of 139.77 feet to a point; thence, along the curving right of way a chord of north 85 degrees 05 minutes east a distance of 153.8 feet to a point; thence, north 7 degrees 01 minutes west a distance of 422.8 feet to a point; thence, south 66 degrees 06 minutes west a distance of 105.12 feet to a point; thence, south 79 degrees 42 minutes west a distance of 75.78 feet to a point; thence, south 60 degrees 07 minutes west a distance of 73.04 feet to a point; thence, south 60 degrees 37 minutes west a distance of 254.95 feet to a point; thence, south 39 degrees 28 minutes east a distance of 367.53 feet to a point, said point being the POINT OF BEGINNING. (55) As a point of reference only where the west extended right of way of The Ridge Road intersects the north extended right of way of Lake Shore Drive Page 4302 South; thence, along said north right of way south 40 degrees 03 minutes west a distance of 93.54 feet to a point; thence, continuing along said right of way south 33 degrees 49 minutes west a distance of 206.42 feet to a point; thence, along the curving right of way which has a chord of south 27 degrees 35 minutes west a distance of 490.0 feet to a point; thence, along the curving right of way which has a chord of south 48 degrees 35 minutes west a distance of 254.99 feet to a point; thence, along the right of way south 69 degrees 35 minutes west a distance of 488.0 feet to a point, said point being the POINT OF BEGINNING. thence, north 20 degrees 25 minutes west a distance of 350.0 feet to a point; thence south 69 degrees 35 minutes west a distance of 184.56 feet to a point; thence, south 26 degrees 03 minutes 21 seconds east a distance of 351.7 feet to a point said point being on the north right of way of Lake Shore Drive South; thence, along said right of way north 69 degrees 35 minutes east a distance of 150.0 feet to a point, said point being the POINT OF BEGINNING. (56) As a point of reference only where the east extended right of way of The Ridge Road intersects the north extended right of way of Lake Shore Drive South; thence, along said north right of way north 40 degrees 03 minutes east a distance of 101.76 feet to a point; thence, along the curving right of way a chord of north 44 degrees 31 minutes east a distance of 52.6 feet to a point; thence, continuing along the curving north right of way a chord of north 60 degrees 33 minutes east a distance of 139.77 feet to a point; thence, along the curving right of way a chord of north 85 degrees 05 minutes east a distance of 153.8 feet to a point; thence, along the curving right of way a chord of south 79 degrees 04 minutes east a distance of 48.43 feet to a point; thence, along the right of way south 74 degrees 11 minutes east a distance of 78.01 feet to a point; thence, along the curving right of way a chord of south 76 degrees 04 minutes east a distance of 30.62 feet to a point; thence, along the curving right of way of Lake Shore Drive South a chord of south 82 degrees 51 minutes east Page 4303 a distance of 104.54 feet; thence, along said right of way south 88 degrees 28 minutes east a distance of 172.24 feet to a point; thence, along said curving right of way a chord of south 85 degrees 45 minutes east a distance of 34.50 feet to a point; thence, along the curving right of way a chord of south 72 degrees 48 minutes east a distance of 155.30 feet to a point; thence, along the curving right of way a chord of south 52 degrees 25 minutes 30 seconds east a distance of 156.74 feet to a point; thence, along the curving right of way a chord of south 39 degrees 16 minutes 51 seconds east and a distance of 59.69 feet to a point; thence, continuing along the right of way south 31 degrees 40 minutes east a distance of 244.36 feet to a point, said point being the POINT OF BEGINNING. thence, north 54 degrees 32 minutes 29 seconds east a distance of 255.85 feet to a point; thence, south 51 degrees 29 minutes east a distance of 235.80 feet to a point, said point being on the north right of way of Lake Shore Drive South; thence, along said right of way south 51 degrees 21 minutes 56 seconds west a distance of 116.98 feet to a point; thence, continuing along said curving right of way which has a chord of north 76 degrees 40 minutes west a distance of 309.87 feet to a point, said point being the POINT OF BEGINNING. (57) As a point of reference only where the east extended right of way of The Ridge Road intersects the north extended right of way of Lake Shore Drive South; thence, along said north right of way north 40 degrees 03 minutes east a distance of 101.76 feet to a point; thence, along the curving right of way a chord of north 44 degrees 31 minutes east a distance of 52.6 feet to a point; thence, continuing along the curving north right of way a chord of north 60 degrees 33 minutes east a distance of 139.77 feet to a point; thence, along the curving right of way a chord of north 85 degrees 05 minutes east a distance of 153.8 feet to a point; thence, along the curving right of way a chord of south 79 degrees 04 minutes east a distance of 48.43 feet to a point; thence, along the right of way south 74 degrees 11 minutes east a distance Page 4304 of 78.01 feet to a point; thence, along the curving right of way a chord of south 76 degrees 04 minutes east a distance of 30.62 feet to a point; thence, along the curving right of way of Lake Shore Drive South a chord of south 82 degrees 51 minutes east a distance of 104.54 feet; thence, along said right of way south 88 degrees 28 minutes east a distance of 172.24 feet to a point; thence, along said curving right of way a chord of south 85 degrees 45 minutes east a distance of 34.50 feet to a point; thence, along the curving right of way a chord of south 72 degrees 48 minutes east a distance of 155.30 feet to a point; thence, along the curving right of way a chord of south 52 degrees 25 minutes 30 seconds east a distance of 156.74 feet to a point, said point being the POINT OF BEGINNING. thence, along the curving right of way a chord of south 39 degrees 16 minutes 51 seconds east a distance of 59.69 feet to a point; thence, continuing along the right of way south 31 degrees 40 minutes east a distance of 101.13 feet to a point; thence, north 38 degrees 15 minutes 11 seconds east a distance of 265.83 feet to a point; thence, north 26 degrees 08 minutes 28 seconds west a distance of 159.03 feet to a point; thence, south 40 degrees 13 minutes 05 seconds west a distance of 288.0 feet to a point, said point being the POINT OF BEGINNING. (58) As a point of reference only where the west extended right of way of The Ridge Road intersects the north extended right of way of Lake Shore Drive South; thence, south 49 degrees 57 minutes east a distance of 60 feet to a point, said point being on the south right of way of Lake Shore Drive South; thence, along said right of way north 40 degrees 03 minutes east a distance of 90.46 feet to a point, said point being the POINT OF BEGINNING. thence, south 39 degrees 01 minutes 18 seconds east a distance of 345.37 feet to a point; thence, north 35 degrees 03 minutes east a distance of 110 feet to a point; thence, north 03 degrees 32 minutes 12 seconds east a distance of 269.79 feet to a point, said point being on the south right of way of Lake Shore Drive South; Page 4305 thence, along the curving right of way of said Drive which has a chord of south 72 degrees 56 minutes west a distance of 310.22 feet to a point, said point being the POINT OF BEGINNING. (59) As a point of reference only where the south right of way of Lake Shore Drive North intersects the east right of way of The Ridge Road; thence, along said east right of way north 1 degree 51 minutes east a distance of 124.48 feet to a point; thence, north 88 degrees 09 minutes west a distance of 60 feet to a point, said point being on the west right of way of The Ridge Road and also being the POINT OF BEGINNING. thence, along said west right of way north 1 degree 51 minutes west a distance of 400 feet to a point; thence, along the curving right of way in a general north direction a distance of 660.54 feet to a point; thence, north 88 degrees 09 minutes west a distance of 449.37 feet to a point; thence, south 14 degrees 32 minutes west a distance of 204.96 feet to a point; thence, south 31 degrees 45 minutes west a distance of 230.7 feet to a point; thence, south 1 degree 51 minutes west a distance of 400.0 feet to a point; thence, south 29 degrees 07 minutes east a distance of 233.24 feet to a point; thence, south 23 degrees 48 minutes east a distance of 221.86 feet to a point; thence, south 26 degrees 21 minutes east a distance of 101.6 feet to a point; thence, south 51 degrees 39 minutes east a distance of 80 feet to a point, said point being the tangent point of a 20.16 foot radius; thence, around the radius an arc distance of 44.50 feet to a point, said point being on the west right of way of The Ridge Road; thence, along said right of way north 1 degree 51 minutes east a distance of 320.0 feet to a point, said point being the POINT OF BEGINNING. (60) As a point of reference only where the south right of way of Lake Shore Drive North intersects the east right of way of The Ridge Road; thence, along said east right of way north 1 degree 51 minutes east a distance of 124.48 feet to a point; thence, north 88 degrees 09 minutes west a distance of 60 feet to Page 4306 a point, said point being on the west right of way of The Ridge Road; thence, along said west right of way north 1 degree 51 minutes west a distance of 400 feet to a point; thence, along the curving right of way in a general north direction a distance of 1276.47 feet to a point, said point being the POINT OF BEGINNING. thence, continuing along the curving west right of way of The Ridge Road in a general northerly direction a distance of 652.01 feet to a point; thence, north 88 degrees 09 minutes west a distance of 491.14 feet to a point; thence, south 20 degrees 32 minutes west a distance of 211.13 feet to a point; thence, south 04 degrees 39 minutes west a distance of 200.23 feet to a point; thence, south 27 degrees 15 minutes west a distance of 221.48 feet to a point; thence, south 88 degrees 09 minutes east a distance of 413.75 feet to a point, said point being the POINT OF BEGINNING. (61) As a point of reference only where the south right of way of Lake Shore Drive North intersects the east right of way of The Ridge Road; thence, along said east right of way north 1 degree 51 minutes east a distance of 124.48 feet to a point; thence, north 88 degrees 09 minutes west a distance of 60 feet to a point, said point being on the west right of way of The Ridge Road; thence, along said west right of way north 1 degree 51 minutes west a distance of 400 feet to a point; thence, along the curving right of way in a general north direction a distance of 2128.90 feet to a point, said point being the POINT OF BEGINNING. thence, along the curving west right of way of The Ridge Road on an arc distance of 202.16 feet to a point; thence, north 88 degrees 09 minutes west a distance of 485.52 feet to a point; thence, south 13 degrees 32 minutes east a distance of 207.43 feet to a point; thence, south 88 degrees 09 minutes east a distance of 460.0 feet to a point, said point being the POINT OF BEGINNING. (62) As a point of reference only where the south right of way of Lake Shore Drive North intersects the east right of way of The Ridge Road; thence, along Page 4307 said east right of way north 1 degree 51 minutes east a distance of 124.48 feet to a point; thence, north 88 degrees 09 minutes west a distance of 60 feet to a point, said point being on the west right of way of The Ridge Road; thence, along said west right of way north 1 degree 51 minutes west a distance of 400 feet to a point; thence, along the curving right of way in a general north direction a distance of 2541.97 feet to a point, said point being the POINT OF BEGINNING. thence, along the curving west right of way of The Ridge Road in a general northerly direction an arc distance of 614.82 feet to a point; thence, north 88 degrees 09 minutes west a distance of 493.49 feet to a point; thence, south 5 degrees 17 minutes east a distance of 201.32 feet to a point; thence, south 23 degrees 05 minutes east a distance of 220.61 feet to a point; thence, south 20 degrees 27 minutes east a distance of 216.10 feet to a point; thence, south 88 degrees 09 minutes east a distance of 405.77 feet to a point, said point being the POINT OF BEGINNING. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that application will be made to the 1986 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Valdsota which bill shall be entitled as follows: An act to amend the Charter of the City of Valdosta as set forth in the acts of the General Assembly of Georgia, approved March 24, 1976 (1976 Ga. Laws, pps 3186-3239, inclusive), and acts amendatory thereof; and for other purposes. Page 4308 George T. Talley City Attorney City of Valdosta 1-11; 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck, who, on oath, deposes and says that he is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following date: January 11, 1986. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4309 CITY OF ELBERTON MAYOR AND COUNCILMEN; ELECTION DATES. No. 1002 (House Bill No. 1392). AN ACT To amend an Act incorporating the City of Elberton in Elbert County, approved December 19, 1896 (Ga. L. 1896, p. 148), as amended, particularly by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2987), so as to change the date of elections to be held for the offices of mayor and councilmen; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Elberton in Elbert County, approved December 19, 1896 (Ga. L. 1896, p. 148), as amended, particularly by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2987), is amended by striking Section 15 of said amendatory Act, which reads as follows: Section 15. If the election held pursuant to Section 14 of this Act shall result in a vote favoring approval of this Act, there shall then and in that event be held an election on the second Wednesday in December, 1954, for the purpose of electing a mayor and five councilmen, one from each of the five wards of said city, as provided by said Act of 1896 incorporating the City of Elberton, as amended. The candidate for mayor and the three candidates for councilmen receiving the highest number of votes shall be elected for a term of two years from the time of the election and until their successors are elected and qualified, and the two candidates for councilmen receiving the next highest number of votes shall be elected for a term of one year from the time of their election and until their successors are elected and qualified. At all subsequent elections all of the elective officers of said city shall be elected for terms of two years, electing a mayor and three councilmen one year and two councilmen the next alternately. Page 4310 Section 2. Said Act is further amended by adding following Section 4F thereof a new Section 4G to read as follows: Section 4G. Beginning in 1986 and every year thereafter, the city general election shall be held on the last Tuesday in November. At that election in 1986 and every even-numbered year thereafter, the mayor and three councilmen shall be elected. At that election in 1987 and every odd-numbered year thereafter, the remaining two councilmen shall be elected. The mayor and members of council shall each be elected for a term of two years and until their respective successors are elected and qualified. One councilman shall be elected from each of the five wards of the city as otherwise provided in this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF ELBERT NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that a local bill will be introduced at the regular 1986 session of the General Assembly to amend the charter of the City of Elberton to change the date of elections to be held for the offices of Mayor and Councilmen, and for other purposes. This 8th day of January, 1986. /s/ Charles W. Yeargin Representative District 14 1-9 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Elberton Star-The Elbert Beacon which is the official organ of Elbert County, on the following date: January 9, 1986. /s/ Charles W. Yeargin Representative, 14th District Page 4311 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. CHATTAHOOCHEE COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1003 (House Bill No. 1398). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 172 (Senate Resolution No. 88) of the 1958 General Assembly (Ga. L. 1958, p. 603) and which was duly ratified at the 1958 general election and which relates to creating an elected five-member board of education for Chattahoochee County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 172 (Senate Resolution No. 88) of the 1958 General Assembly (Ga. L. 1958, p. 603) and which was duly ratified at the 1958 general election and which relates to creating an elected five-member board of education for Chattahoochee County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 4312 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 172 (Senate Resolution No. 88) of the 1958 General Assembly (Ga. L. 1958, p. 603) and which was duly ratified at the 1958 general election and which relates to creating an elected five-member board of education for Chattahoochee; to provide the authority for this Act; and for other purposes. This 15th day of JANUARY, 1986. /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District Pub. Jan. 15, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following date: January 15, 1986. /s/ Gerald E. Greene Representative, 130th District Page 4313 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. CHATTAHOOCHEE COUNTY COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1004 (House Bill No. 1399). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 221 (House Resolution No. 513-989) of the 1962 General Assembly (Ga. L. 1962, p. 1090) and which was duly ratified at the 1962 general election and which relates to providing for the appointment of the county school superintendent of Chattahoochee County by the county board of education; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 221 (House Resolution No. 513-989) of the 1962 General Assembly (Ga. L. 1962, p. 1090) and which was duly ratified at the 1962 general election and which relates to providing for the appointment of the county school superintendent of Chattahoochee County by the county board Page 4314 of education shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 221 (House Resolution No. 513-989) of the 1962 General Assembly (Ga. L. 1962, p. 1090) and which was duly ratified at the 1962 general election and which relates to providing for the appointment of the county school superintendent of Chattahoochee County by the county board of education, to provide the authority for this Act, and for other purposes. This 15th day of JANUARY, 1986. /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District Pub. Jan. 15, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Page 4315 Enquirer which is the official organ of Chattahoochee County, on the following date: January 15, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. CHATTAHOOCHEE COUNTY BUSINESS LICENSE FEES AND TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1005 (House Bill No. 1400). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 136 (House Resolution No. 250-529) of the 1966 General Assembly (Ga. L. 1966, p. 1063) and which was duly ratified at the 1966 general election and which relates to authorizing the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incorporated municipality; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4316 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 136 (House Resolution No. 250-529) of the 1966 General Assembly (Ga. L. 1966, p. 1063) and which was duly ratified at the 1966 general election and which relates to authorizing the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incorporated municipality shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 136 (House Resolution No. 250-529) of the 1966 General Assembly (Ga. L. 1966, p. 1063) and which was duly ratified at the 1966 general election and which relates to authorizing the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incorporated municipality; to provide the authority for this Act; and for other purposes. This 15th day of JANUARY, 1986. /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District Pub. Jan. 15, 1986 Page 4317 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following date: January 15, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. CHATTAHOOCHEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1006 (House Bill No. 1401). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 212 (House Resolution No. 475-1020) of the 1968 General Assembly (Ga. L. 1968, p. 1640) and which was duly ratified at the 1968 general election and which relates to the creation of the Chattahoochee County Industrial Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4318 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 212 (House Resolution No. 475-1020) of the 1968 General Assembly (Ga. L. 1968, p. 1640) and which was duly ratified at the 1968 general election and which relates to the creation of the Chattahoochee County Industrial Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 212 (House Resolution No. 475-1020) of the 1968 General Assembly (Ga. L. 1968, p. 1640) and which was duly ratified at the 1968 general election and which relates to the creation of the Chattahoochee County Industrial Development Authority; to provide the authority for this Act; and for other purposes. This 15th day of JANUARY, 1986. /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District Pub. Jan. 15, 1986 Page 4319 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following date: January 15, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. CHATTAHOOCHEE COUNTY SHERIFF; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1007 (House Bill No. 1402). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 196 (House Resolution No. 572-1370) of the 1972 General Assembly (Ga. L. 1972, p. 1372) and which was duly ratified at the 1972 general election and Page 4320 which relates to providing for the office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 196 (House Resolution No. 572-1370) of the 1972 General Assembly (Ga. L. 1972, p. 1372) and which was duly ratified at the 1972 general election and which relates to providing for the office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 196 (House Resolution No. 572-1370) of the 1972 General Assembly (Ga. L. 1972, p. 1372) and which was duly ratified at the 1972 general election and which relates to providing for the office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly; to provide the authority for this Act; and for other purposes. This 15th day of JANUARY, 1986. Page 4321 /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District Pub. Jan. 15, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following date: January 15, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. HALL COUNTY POWER OF TAXATION; ASSESSMENT DATES; TAX BILLS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1008 (House Bill No. 1427). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which Page 4322 was proposed by Resolution Act No. 158 of the 1974 General Assembly and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1735), and which relates to the power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County, including the power of the General Assembly to provide for the date of the tax assessments and levies, the form of tax bills, tax due dates, partial payments of taxes, the location of tax offices, and tax forms, records, and equipment; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 158 of the 1974 General Assembly and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1735), and which relates to the power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County, including the power of the General Assembly to provide for the date of the tax assessments and levies, the form of tax bills, tax due dates, partial payments of taxes, the location of tax offices, and tax forms, records, and equipment shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 158 of the 1974 General Assembly Page 4323 and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1735), and which relates to the power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County, including the power of the General Assembly to provide for the date of the tax assessments and levies, the form of tax bills, tax due dates, partial payments of taxes, the location of tax offices, and tax forms, records, and equipment; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 13th day of January, 1986. Jerry D. Jackson Joe D. Wood Bobby Lawson J. Nathan Deal #3321 1/16,23/30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 16, 1986. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 21st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4324 HALL COUNTY CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1009 (House Bill No. 1428). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 88 of the 1967 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 968) and which relates to creation of a civil service system of personnel administration for Hall County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 88 of the 1967 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 968) and which relates to creation of a civil service system of personnel administration for Hall County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4325 in force and effect as a part of the Constitution of Georgia that constitutional amendment which was proposed by Resolution Act No. 88 of the 1967 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1967, p. 968) and which relates to creation of a civil service system of personnel administration for Hall County; and for other purposes. This 13th day of January, 1986. Jerry D. Jackson Joe D. Wood Bobby Lawson J. Nathan Deal #3322 1/16,23,30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 16, 1986. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 21st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4326 HALL COUNTY BUSINESS AND OCCUPATIONAL LICENSE TAXES. No. 1010 (House Bill No. 1429). AN ACT To authorize the governing authority of Hall County to continue to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The governing authority of Hall County is authorized to levy, assess, and collect business and occupational license taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of Hall County, except those businesses specifically exempted by this Act. (b) The following businesses shall be exempt from taxes and fees imposed under this Act: (1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46 of the O.C.G.A.; and (3) Those businesses upon which local license taxes or license fees are imposed under general laws authorizing such local license taxes and license fees, unless such general law specifically authorizes local license taxes and license fees other than those to which it specifically relates. (c) The governing authority of Hall County is authorized to classify businesses and to assess different taxes and fees Page 4327 against different classes of businesses being carried on in the unincorporated area of the county. (d) The governing authority of Hall County is authorized to enact ordinances for the enforcement of this Act and to provide for the punishment of violations of such ordinances. Any ordinance or ordinances of the Hall County governing authority which relate to the subject matter of this Act and which are in effect on the effective date of this Act shall continue in effect, and this Act shall not affect any rights or liabilities existing under such ordinance or ordinances. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to authorize the governing authority of Hall County to continue to impose and collect business and occupational license taxes and license fees in the unincorporated area of Hall County; to provide for ordinances relating to the foregoing and for punishment of violations; to provide for all related matters; and for other purposes. This 13th day of January, 1986. Jerry Jackson, Joe T. Wood, Bobby Lawson, J. Nathan Deal. #3325 Jan. 16,23,30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 16, 1986. Page 4328 /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 21st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1011 (House Bill No. 1430). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 121 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 866) and which relates to creation of the Gainesville and Hall County Development Authority and the powers, duties, and members of the authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 121 of the 1964 General Assembly Page 4329 and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 866) and which relates to creation of the Gainesville and Hall County Development Authority and the powers, duties, and members of the authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Coponstitution of Georgia that constitutional amendment which was proposed by Resolution Act No. 121 of the 1964 General Assembly an which was duly ratified at the 1964 general election (Ga. L. 1964, p. 866) and which relates to creation of the Gainesville and Hall County Development Authority and the powers, duties, and members of the authority: and for other purposes. This 13th day of January, 1986. Jerry Jackson Joe Wood Bobby Lawson J. Nathan Deal #3323 1/16,23,30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the Page 4330 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 16, 1986. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 21st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. HALL COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENTS CONTINUED. No. 1012 (House Bill No. 1431). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia the following constitutional amendments which relate to the composition and operation of the Hall County board of education: the constitutional amendment which was proposed by Resolution Act No. 78 of the 1960 General Assembly and which was duly ratified at the 1960 general election (Ga. L. 1960, p. 1199), the constitutional amendment which was proposed by Resolution Act No. 116 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 845), the constitutional amendment which was proposed by Resolution Act No. 198 of the 1972 General Assembly Page 4331 and which was duly ratified at the 1972 general election (Ga. L. 1972, p. 1379), and the constitutional amendment which was proposed by Resolution Act No. 220 of the 1976 General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1910); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The following constitutional amendments which relate to the composition and operation of the Hall County board of education shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but are specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia: (1) The constitutional amendment which was proposed by Resolution Act No. 78 of the 1960 General Assembly and which was duly ratified at the 1960 general election (Ga. L. 1960, p. 1199); (2) The constitutional amendment which was proposed by Resolution Act No. 116 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 845); (3) The constitutional amendment which was proposed by Resolution Act No. 198 of the 1972 General Assembly and which was duly ratified at the 1972 general election (Ga. L. 1972, p. 1379); and (4) The constitutional amendment which was proposed by Resolution Act No. 220 of the 1976 General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1910). Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4332 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the following constitutional amendments which relate to the composition and operation of the Hall County Board of Education: the constitutional amendment which was proposed by Resolution Act No. 78 of the 1960 General Assembly and which was duly ratified at the 1960 general election (Ga. L. 1960, p. 1199), the constitutional amendment which was proposed by Resolution Act No. 116 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 845), the constitutional amendment which was proposed by Resolution Act No. 1974 General Assembly and which was duly ratified at the 1972 general election (Ga. L. 1972, p. 1379), and the constitutional amendment which was proposed by Resolution Act. No. 220 of the 1976 General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1910); to provide the authority for this act; to repeal conflicting laws; and for other purposes. This 13th day of January, 1986. Jerry Jackson, Joe T. Wood, Bobby Lawson, J. Nathan Deal. #3324 Jan. 16,23,30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 16, 1986. /s/ Jerry D. Jackson Representative, 9th District Page 4333 Sworn to and subscribed before me, this 21st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. DEKALB COUNTYBOARD OF EDUCATION; OPERATION OF A JUNIOR COLLEGE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1013 (House Bill No. 1442). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 192 (House Resolution No. 639-1203) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 982) and which relates to the authority of the Board of Education of DeKalb County to establish, acquire, construct, maintain, and operate a junior college; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 192 (House Resolution No. 639-1203) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 982) and which relates to the authority of the Board of Education of DeKalb County to establish, acquire, construct, Page 4334 maintain, and operate a junior college shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act. No. 192 (House Resolution No. 639-1203) enacted at the 1962 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 982) and which relates to the authority of the Board of Education of DeKalb County to establish, acquire, construct, maintain and operate a junior college; to provide the authority for this Act; and for other purposes. This 14th day of January, 1986. Honorable Cas M. Robinson Representative, 58th District 16-3095,1/23 PUBLISHER'S CERTIFICATE STATE OF GEORGIA. COUNTY OF DEKALB. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly Page 4335 sworn, states on oath that the report of Local Legislation-GA. L. 1962, pg. 982, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23rd day of January, 1986. /s/ Gerald Wm. Crane Co-Publisher (by) Linda L. Orr Agent Sworn to and subscribed before me this 23rd day of January, 1986. /s/ B. Lynn Crane Notary Public My commission expires December 4, 1989. (SEAL). Approved March 20, 1986. PAULDING COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 1014 (House Bill No. 1470). AN ACT To amend an Act to provide for the election of the members of the Board of Education of Paulding County, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended by an Act approved March 29, 1984 (Ga. L. 1984, p. 5146), so as to provide for the appointment of the school superintendent by the board of education; to provide that the current school superintendent shall serve out the remainder of the term to which such school superintendent was elected; to provide for terms of office; to provide for vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 4336 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to provide for the election of the members of the Board of Education of Paulding County, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended by an Act approved March 29, 1984 (Ga. L. 1984, p. 5146), is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows: Section 1A. The school superintendent of the Paulding County school district in office on the effective date of this section shall serve out the remainder of the term to which such school superintendent was elected. All future school superintendents of the Paulding County school district shall be appointed by the Board of Education of Paulding County. The school superintendent shall be appointed for a term of four years and until such school superintendent's successor is appointed and qualified. In the event a vacancy occurs in the office of the school superintendent, the board of education shall appoint a person to serve for the unexpired term. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Paulding County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Paulding County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986 general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Paulding County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Paulding County school district shall be appointed by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of Page 4337 the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Paulding County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intent To Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Education of Paulding County, Georgia Laws 1968, Page 2381 as amended, and for other purposes, and a bill to provide for the appointment of the Paulding County School Superintendent, and for other purposes. This 21st day of January, 1986. L. Charlie Watts, State Representative, 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: January 23, 1986. /s/ Charlie Watts Representative, 41st District Page 4338 Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CITY OF EMERSON MAYOR'S COURT ESTABLISHED; JUDGE; JURISDICTION. No. 1015 (House Bill No. 1491). AN ACT To amend an Act incorporating the City of Emerson, approved November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, so as to repeal the current provisions of said Act which provide for a police court and establish a mayor's court in lieu thereof; to provide for a judge of the mayor's court and the appointment, qualifications, powers, and duties of such judge; to provide for the jurisdiction, powers, and duties of such court; to provide for practice and procedure; to provide for judgments, subpoenas, bail, recognizances, and oaths; to provide for convening such court; to provide for fines, imprisonment, and other penalties; to provide for warrants; to provide for committal hearings; to provide for review of decisions of such court; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Emerson, approved November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, is amended by striking Section IX, which reads as follows: Page 4339 Sec. IX. Be it further enacted, That said Mayor, or in his absence, any one or more of the Aldermen, may, at any time, hold a court for the trial of offenders against the laws and ordinances of said city, and may punish for any violation of either, by fine not exceeding one hundred dollars, or by imprisonment not exceeding ninety days, or both., and inserting in lieu thereof a new Section IX, to read as follows: Section IX. (a) There is established a court to be known as the `Mayor's Court of the City of Emerson,' which shall have jurisdiction and authority to try offenses against the laws and ordinances of the city and to punish for a violation of the same. Such court shall have the following powers: (1) To enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia; (2) To subpoena witnesses and to punish witnesses for nonattendance; (3) To try all offenses occurring within the territorial limits of the City of Emerson, including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; (4) To establish bail and recognizances to insure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and (5) To administer oaths and to perform all other acts necessary and proper to the conduct of such court. (b) The mayor's court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and aldermen. (c) The mayor or mayor pro tem. shall serve as judge of the mayor's court and shall preside over the court. Should Page 4340 the mayor or mayor pro tem. fail to serve, then the mayor and aldermen shall select a person qualified and licensed to practice law in the State of Georgia or a magistrate to serve as judge of the mayor's court and to preside over the same during the term of office for which the mayor and aldermen were elected. In every section of this charter where a judicial function is conferred upon the mayor or mayor pro tem. as presiding officer over the mayor's court, the same shall be interpreted so as to include any person selected by the mayor and aldermen to serve as judge of the mayor's court. (d) The judge of the mayor's court shall have power to impose fines and to imprison violators for the violation of any law or ordinance of the City of Emerson within such limits as may be set by ordinance or by the laws of Georgia. He shall have the authority of a magistrate so far as to enable him to issue warrants for offenses committed within the limits of the City of Emerson, which warrants may be executed by the marshal or any police officer of said city; to hold committal hearings; and to commit offenders to jail or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction. (e) Except as otherwise specified in this section, the judge of the mayor's court is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Emerson. The mayor's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayor's, recorder's, and police courts, and particularly such laws as authorize the abatement of nuisances. The presiding officer, or the city clerk in his name, is authorized to issue subpoenas to compel the attendance of witnesses to the mayor's court and to issue such other processes as may be necessary to the proper administration of the court. (f) The right of certiorari from the decision and judgment of the mayor's court shall exist in all cases and shall be obtained under the sanction of a judge of the Superior Court of Bartow County under the laws of the State of Georgia Page 4341 regulating the granting and issuance of writs of certiorari. (g) With the approval of the mayor and aldermen, the judge of the court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of the mayor's court; provided, however, that the mayor and aldermen may adopt in part or in toto the rules and regulations relative to the procedures for the operation of the superior courts under the general laws of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Emerson, approved November 11, 1989 (Ga. L. 1888-89, p. 976), as amended; and for other purposes. This 7th day of January, 1986. (s) Boyd Pettit D 1/13,14,15,16,17 #2450 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following date: January 16, 1986. /s/ Boyd Pettit Representative, 19th District Page 4342 Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CITY OF WHITE MAYOR'S COURT; APPOINTMENT AND QUALIFICATIONS OF JUDGE; CERTIORARI. No. 1016 (House Bill No. 1492). AN ACT To amend an Act incorporating the City of White, approved August 7, 1919 (Ga. L. 1919, p. 1385), as amended particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3934), so as to change the provisions relating to the appointment and qualifications of the judge of the mayor's court; to repeal the provisions relating to the right of appeal to the Superior Court of Bartow County; to provide for the right of certiorari and the writ of certiorari; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of White, approved August 7, 1919 (Ga. L. 1919, p. 1385), as amended particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3934), is amended by striking subsection (d) of Section 10 of said Act and inserting in lieu thereof a new subsection (d) to read as follows: Page 4343 (d) The mayor or mayor pro tem shall serve as judge of the mayor's court and shall preside over the court. Should the mayor or mayor pro tem fail to serve, then the mayor and aldermen shall select a person qualified and licensed to practice law in the State of Georgia or a magistrate to serve as judge of the mayor's court and to preside over the same during the term of office for which the mayor and aldermen were elected. In every section of this charter where a judicial function is conferred upon the mayor or mayor pro tem as presiding officer over the mayor's court, the same shall be interpreted so as to include any person selected by the mayor and aldermen to serve as judge of the mayor's court. Section 2. Said Act is further amended by striking subsection (g) of Section 10 of said Act, which reads as follows: (g) The right of appeal to the Superior Court of Bartow County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the probate court. An appeal to the superior court shall be a de novo proceeding., and inserting in lieu thereof a new subsection (g) of Section 10 to read as follows: (g) The right of certiorari from the decision and judgment of the mayor's court shall exist in all cases and shall be obtained under the sanction of a judge of the Superior Court of Bartow County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend Page 4344 an Act incorporating the City of White, approved August 7, 1919 (Ga. L. 1919, p. 1385), as amended; and for other purposes. This 7th day of January, 1986. (s) Boyd Pettit D 1/13,14,15,16,17 #2451 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following date: January 16, 1986. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 20, 1986. Page 4345 CITY OF HAPEVILLE CORPORATE LIMITS. No. 1017 (House Bill No. 1499). AN ACT To amend an Act providing a new charter for the City of Hapeville, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended by an Act approved March 21, 1984 (Ga. L. 1984, p. 4599), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Hapeville, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended by an Act approved March 21, 1984 (Ga. L. 1984, p. 4599), is amended by adding at the end of Appendix B of said charter the following: In addition to the corporate limits of the City of Hapeville described in Appendix C of this charter, the corporate limits of said city shall also include the following described tract or parcel of land: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 127 and 130 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southerly side of Virginia Avenue where said southerly side of Virginia Avenue intersects the southwesterly side of the former entrance ramp to the former terminal for Atlanta Hartsfield International Airport; and run thence southeasterly along the southwesterly side of said former entrance ramp a distance of 84.14 feet to a point; continuing thence in a generally southerly direction along the westerly side of said former entrance ramp a distance of 360.04 feet to a point; running thence westerly a distance of 479.92 feet to a point; running thence northerly a distance of Page 4346 87 feet to a point; running thence westerly a distance of 174 feet to a point; running thence northerly a distance of 98.68 feet to a point; running thence easterly a distance of 75 feet to a point; running thence northerly a distance of 229.12 feet to a point on the southerly side of said Virginia Avenue; running thence east along the southerly side of Virginia Avenue, and following the right of way thereof, a total distance of 440.63 feet to the south-westerly side of the said former entrance ramp to the former terminal of Atlanta Hartsfield International Airport, and the POINT OF BEGINNING. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act providing for a new charter for the City of Hapeville, Georgia, approved March 25, 1980, (Georgia Laws 1980, Pages 3769, et seq., as amended) to change the corporate limits of said City, and for other purposes. ROBERT A. FORGAY City Administrator FRANK E. COGGIN City Attorney Dec 27 1985-1 STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th days of December, 1985. As provided by law. /s/ Frances K. Beck Page 4347 Subscribed and sworn to before me this 10th day of January, 1986. /s/ Dorothy G. Higgins Notary Public, Georgia, State at Large. My Commission Expires Nov. 21, 1986. (SEAL). Approved March 20, 1986. FORSYTH COUNTY HOMESTEAD EXEMPTION FROM SCHOOL DISTRICT TAXES; REFERENDUM. No. 1018 (House Bill No. 395). AN ACT To increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 years of age or older and who meets certain income qualifications; to provide for applications; to provide for exceptions to the exemption; to provide for related matters; to provide for the approval or disapproval of this Act by the voters of Forsyth County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The homestead of each resident of Forsyth County who is 62 years of age or over and who, for the purposes of all tax years beginning on or after January 1, 1987, has a gross income from all sources, including the income of all members of the family residing within the homestead, not exceeding Page 4348 $12,000.00 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Forsyth County school district, including taxes to retire school bond indebtedness. The exemption shall not exceed $20,000.00 of the homestead's value. (b) (1) The exemption provided for in subsection (a) of this section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the state revenue commissioner for that purpose, is filed with the tax commissioner of Forsyth County. (2) The affidavit shall show the: (A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of income received by the owner from all sources during the immediately preceding calendar year; (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the state revenue commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the state revenue commissioner by the tax commissioner of Forsyth County. The state revenue commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the tax commissioner of Forsyth County any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the Department of Revenue. (4) After the owner has filed the affidavit and has been allowed the exemption provided for in this section, Page 4349 it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner in the event the owner becomes ineligible for any reason for the exemption provided for in this section. (c) The homestead exemption granted by this section shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders when such property is actually occupied as a residence by one or more of the titleholders who possess the qualifications provided in subsection (a) of this section and who claim the exemption in the manner provided for in this section. The exemption shall also extend to those homesteads the title to which is vested in a personal representative or trustee if one or more of the heirs or beneficiaries residing on the property possess the qualifications provided for and claim the exemption in the manner provided in this section. Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $10,000.00 exemption from ad valorem taxation for educational purposes granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income qualifications of such general provisions. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any county taxes other than for educational purposes, state taxes, or municipal taxes. Section 4. Any person who as of January 1, 1987, has applied for and is eligible for the $10,000.00 exemption from ad valorem taxation for educational purposes granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income requirements of such general provisions shall be eligible for the exemption granted by Section 1 of this Act without applying therefor. Page 4350 Section 5. The value of any residence in excess of the amount exempted by Section 1 of this Act shall remain subject to taxation. Section 6. Not less than 30 nor more than 60 days prior to the date of the November, 1986, general election, it shall be the duty of the election superintendent of Forsyth County to issue the call for an election for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act increasing the amount of the homestead exemption from taxation for educational purposes granted to residents of Forsyth County who are age 62 or older and who meet certain income qualifications be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 5 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Forsyth County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superintendent's further duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation Notice is hereby given that there will be introduced at the Legislative 1985 Session of the General Assembly of Georgia, a bill Page 4351 to increase the amount of Homestead Exemption from County Taxes, for school purposes. Granted to residents of Forsyth County who are age 62 or older and meet certain income requirements. To provide for a referendum election, to provide for related matters and for other purposes. Bill H. Barnett State Representative District 10 L7035 1/16 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following date: January 16, 1985. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 21st day of January, 1985. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1988. (SEAL). Approved March 20, 1986. Page 4352 GENERAL HOSPITAL AUTHORITY OF WEST CHATHAM COUNTY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1019 (House Bill No. 1564). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the General Hospital Authority of West Chatham County (Resolution Act No. 168; House Resolution No. 596-1777; Ga. L. 1974, p. 1772); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the General Hospital Authority of West Chatham County (Resolution Act No. 168; House Resolution No. 596-1777; Ga. L. 1974, p. 1772) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: Page 4353 That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: CC 9006 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the General Hospital Authority of West Chatham County (Resolution Act No. 168; House Resolution No. 596-1777; Ga. L. 1974, p. 1772); and for other purposes. This 24 day of January, 1986. /s/ Charles C. Brooks, Chairman Chatham County Commission Jan.25N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Page 4354 Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. CHATHAM COUNTY HOMESTEAD EXEMPTION FROM SCHOOL TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1020 (House Bill No. 1563). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the income of all members of his family residing within the homestead, does not exceed $10,000.00 (Resolution Act No. 72; House Resolution No. 206; Ga. L. 1981, p. 1917); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for Page 4355 the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the income of all members of his family residing within the homestead, does not exceed $10,000.00 (Resolution Act No. 72; House Resolution No. 206; Ga. L. 1981, p. 1917) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: That she is the Sales Inside Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: Page 4356 CC 9007 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the income of all members of his family residing within the homestead, does not exceed $10,000.00 (Resolution Act No. 72; House Resolution No. 206; Ga. L. 1981, p. 1917); and for other purposes. This 24 day of January, 1986. /s/ Charles C. Brooks, Chairman Chatham County Commission Jan.25N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. Page 4357 EASTERN JUDICIAL CIRCUIT JUDGES PRO HAC VICE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1021 (House Bill No. 1562). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia (Resolution Act No. 62; Senate Resolution No. 78; Ga. L. 1950, p. 451); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia (Resolution Act No. 62; Senate Resolution No. 78; Ga. L. 1950, p. 451) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Page 4358 Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: CC 8999 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia (Resolution Act No. 62; Senate Resolution No. 78; Ga. L. 1950, p. 451); and for other purposes. This 24 day of January, 1986. /s/ Charles C. Brooks Chairman Chatham County Commission Jan.25N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 20, 1986. Page 4359 FULTON COUNTY COUNTY AND SCHOOL DISTRICT TAXES; HOMESTEAD EXEMPTION; REFERENDUM. No. 1022 (House Bill No. 1559). AN ACT To provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Each resident of Fulton County who is 70 years of age or over or disabled is granted an exemption from Fulton County ad valorem taxes, except for ad valorem taxes to pay interest on and retire bonded indebtedness and except for ad valorem taxes for the Fulton County School District, for the full value of the homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term adjusted gross income shall have the same meaning as defined in the United States Internal Revenue Code of 1954, as now or hereafter amended, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. Page 4360 (b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. (d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section. (e) The homestead exemption granted by this section shall be cumulative of any other previously existing homestead exemption applicable to Fulton County ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1986. Page 4361 Section 2. It shall be the duty of the election superintendent of Fulton County to issue the call for an election for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The superintendent shall set the date of such election for the same date as the 1986 general primary election and shall issue the call for such election at least 30 but not more than 60 days prior to the date of the 1986 general primary election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income, together with the gross income of the spouse residing at the same homestead, does not exceed the amount which may be received by a person and a person's spouse under the federal Social Security Act? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then this Act shall become of full force and effect; but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4362 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide an exemption of the full value of the homestead from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 31st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4363 CAMDEN COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1023 (House Bill No. 1548). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 2 (House Resolution No. 41-99) of the 1961 General Assembly (Ga. L. 1961, p. 597) and which was duly ratified at the 1962 general election and which relates to providing for the election of members of the Board of Education of Camden County by the voters of the county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 2 (House Resolution No. 41-99) of the 1961 General Assembly (Ga. L. 1961, p. 597) and which was duly ratified at the 1962 general election and which relates to providing for the election of members of the Board of Education of Camden County by the voters of the county shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 4364 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 2 (House Resolution No. 41-99) of the 1961 General Assembly (Ga. L. 1961, p. 597) and which was duly ratified at the 1962 general election and which relates to providing for the election of members of the Board of Education of Camden County by the voters of the county; to provide the authority for this Act; and for other purposes. This 16th day of January, 1986. /s/ Harry D. Dixon Representative, 151st District 1-23B GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: January 23, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 30th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4365 KINGSLAND DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1024 (House Bill No. 1546). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 152 (House Resolution No. 415-859) of the 1962 General Assembly (Ga. L. 1962, p. 813) and which was duly ratified at the 1962 general election and which relates to creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment which was proposed by Resolution Act No. 152 (House Resolution No. 415-859) of the 1962 General Assembly (Ga. L. 1962, p. 813) and which was duly ratified at the 1962 general election and which relates to creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 4366 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act. No. 152 (House Resolution No. 415-859) of the 1962 General Assembly (Ga. L. 1962, p. 813) and which was duly ratified at the 1962 general election and which relates to creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures; and for other purposes. This 15th day of January, 1986. /s/ Honorable Harry D. Dixon Representative, 151st District 1-23,30; 2-6B GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: January 23, 1986; January 30, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 30th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4367 CITY OF FORSYTH CORPORATE BOUNDARIES. No. 1025 (House Bill No. 1534). AN ACT To amend an Act providing a new charter for the City of Forsyth, approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended, so as to include certain described properties within the corporate boundaries of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Forsyth, approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended, is amended by adding at the end of Section 1.11 a new subsection, to be designated subsection (c), to read as follows: (c) In addition to the corporate boundaries of property within the city described under the operation of subsection (a) of this section, the following described properties shall be within the corporate boundaries of the city: (1) All that tract of improved land situate, lying and being in Land Lot 169 of the 6th District of Monroe County, Georgia, and being Lot 27 of Section III of the Betsy-Lynn Subdivision, II containing 0.63 of one acre (27,443 square feet), as the same is shown on a certain December 26, 1984, revised January 25, 1985 and April 1, 1985 plat of survey prepared by Benchmark Engineering Corporation, more particularly Walter Y. Prevatte, Georgia Registered Land Surveyor No. 2107, a copy of which is recorded in Plat Book 12, Page 60 in the Office of the Clerk of the Superior Court of Monroe County, Georgia, incorporated herein, and by this reference made a part hereof, and being more particularly described from said plat as follows: TO FIND THE POINT OF BEGINNING, commence at a spike in the road in the center of the intersection of Lakeside Drive with Oakridge Road (having a right-of-way) Page 4368 width of 50[prime]); thence running North 16 degrees 46 minutes 30 seconds East a distance of 1,157.1[prime] to an iron pin set, the same being a PK nail in concrete, located on the eastern right-of-way line of Oakridge Road; thence running North 05 degrees 49 minutes East, along and following the eastern right-of-way line of Oakridge Road, a distance of 176.4[prime] to an iron pin found, the same being a 1/2[Prime] rebar, located at a point formed by the intersection of the eastern right-of-way line of Oakridge Road with the southern right-of-way line of Maplewood Drive (having a right-of-way width of 50[prime]); thence running North 88 degrees 42 minutes East, along and following the southern right-of-way line of Maplewood Drive, a distance of 145.3[prime] to an iron pin set, the same being a 1/2[Prime] rebar, located on the southern right-of-way line of Maplewood Drive; thence running South 01 degree 18 minutes East a distance of 175.0[prime] to a 1[Prime] open pipe; thence running South 88 degrees 42 minutes West a distance of 167.2[prime] to an iron pin set, the same being a PK nail in concrete, located on the eastern right-of-way line of Oakridge Road and marking the POINT OF BEGINNING. (2) All that tract or parcel of land lying and being in the Sixth Land District of Monroe County, Georgia, being a part of land lot Number 138 in said Land District, bounded on all sides by other lands of said Mayor and Aldermen of the City of Forsyth, and marked on plat hereto attached and made a part hereof as `Armory Property'. The North and South lines are each 400 feet in length and parallel to each other. The East and West lines are each 225 feet in length and parallel to each other. All corners are marked by concrete monuments. All angles are right angles. The Southeast corner of the tract conveyed is 249 feet Northerly from a point on line marked Ensign Fence which point on the fence runs North 10 degrees 15[prime] East to said Southeast corner. The Southwest corner of the tract conveyed is 325 feet Northerly from a point on said fence line which point on the fence line runs North 10 degrees 15[prime] East 325 feet to said Southwest corner. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 4369 NOTICE 86-17 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Forsyth, approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended, so as to include certain described properties within the corporate boundaries of the city; and for other purposes. This 20th day of January, 1986. /s/ Kenneth Waldrep Honorable Kenneth Waldrep Representative, 80th District J22c GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: January 22, 1986. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 20, 1986. Page 4370 COBB COUNTY HOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 1026 (House Bill No. 1522). AN ACT To increase the amount of the homestead exemption from ad valorem taxation for county and county school district purposes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Cobb County actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for limitations on the amount of such exemption; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2. The homestead of each resident of Cobb County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Cobb County ad valorem taxation for county and county school district purposes, subject to the following limits: (1) The exemption granted by this section shall not exceed $6,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1987; (2) The exemption granted by this section shall not exceed $10,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1988, and for all tax years thereafter. Page 4371 Section 3. The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act. Section 4. The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes. Section 5. Any person who as of January 1, 1987, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act. Section 6. The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation. Section 7. It shall be the duty of the election superintendent of Cobb County to issue the call for an election for the purpose of submitting this Act to the electors of Cobb County for approval or rejection. The superintendent shall set the date of such election for November 4, 1986. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words: Page 4372 () YES () NO Shall the Act increasing the amount of the homestead exemption granted to residents of Cobb County be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Cobb County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are repealed. L-229 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to increase the amount of the homestead exemption from ad valorem taxation for county and county school district purposes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Cobb County actually occupied by the owner as a residence and homestead; and for other purposes. This 23 day of January, 1986. /s/ Fred Aiken Fred Aiken 1:24 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Wilder, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Page 4373 Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 1986. /s/ Tom Wilder Representative, 21st District Sworn to and subscribed before me, this 30th day of January, 1986. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1988. (SEAL). Approved March 20, 1986. WARE COUNTY SHERIFF; COUNTY POLICE FORCE; POWERS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1027 (House Bill No. 1666). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 216 (House Resolution No. 843-1690) enacted at the 1970 session of the General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1115) and which provides for the powers of the sheriff of Ware County and authorizes the governing authority of Ware County to vest certain powers in the county police force; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4374 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 216 (House Resolution No. 843-1690) enacted at the 1970 session of the General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1115) and which provides for the powers of the sheriff of Ware County and authorizes the governing authority of Ware County to vest certain powers in the county police force shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment which was proposed by Resolution Act No. 216 (House Resolution No. 843-1690) enacted at the 1970 session of the General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1115) and which provides for the powers of the sheriff of Ware County and authorizes the governing authority of the Ware County to vest certain powers in the county police force; to provide the authority for this Act; to provide for related matters; and for other purposes. This 25 day of January, 1986. /s/ Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Page 4375 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CITY OF WAYCROSS BONDS FOR WATER WORKS SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1028 (House Bill No. 1669). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 27 enacted at the 1941 session of the General Assembly and which was duly ratified at the 1942 general election (Ga. L. 1941, p. 184) and which Page 4376 authorizes the City of Waycross to incur limited bonded indebtedness for making and improving the water works system; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 27 enacted at the 1941 session of the General Assembly and which was duly ratified at the 1942 general election (Ga. L. 1941, p. 184) and which authorizes the City of Waycross to incur limited bonded indebtedness for making and improving the water works system shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment which was proposed by Resolution Act No. 27 enacted at the 1941 session of thh General Assembly and which was duly ratified at the 1942 general election (Ga. L. 1941, p. 184) and which authorizes the City of Waycross to incur limited bonded indebtness for making and improving the water works system; to provide the authority for this Act; to provide for related matters; and for other purposes. This 23 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Page 4377 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. CITY OF WAYCROSS TAX TO PROMOTE NEW INDUSTRY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1029 (House Bill No. 1671). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 34 enacted at the 1937 session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937, p. 1131) and which authorizes the City of Waycross to levy a tax to promote new Page 4378 industry; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 34 enacted at the 1937 session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937, p. 1131) and which authorizes the City of Waycross to levy a tax to promote new industry shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1896 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment which was proposed by Resolution Act No. 34 enacted at the 1937 session of the General Assembly and which was duly ratified at the 1938 general election (Ga. L. 1937, p. 1131) and which authorizes the City of Waycross to levy a tax to promote new industry; to provide the authority for this Act; to provide for related matters; and other purposes. This 23 day of January, 1986. /s/ Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Page 4379 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1030 (House Bill No. 1672). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 165 (House Resolution No. 237-743W) enacted at the 1953 Nov.-Dec. Session of the General Assembly and which was duly ratified at the 1954 general election Page 4380 (Ga. L. 1953, Nov.-Dec. Sess., p. 266) and which creates the Waycross and Ware County Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 165 (House Resolution No. 237-743W) enacted at the 1953 Nov.-Dec. Session of the General Assembly and which was duly ratified at the 1954 general election (Ga. L. 1953, Nov.-Dec. Sess., p. 266) and which creates the Waycross and Ware County Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment which was proposed by Resolution Act No. 165 (House Resolution No. 237-743W) enacted at the 1953 Nov.-Dec. Session of the General Assembly and which was duly ratified at the 1954 general election (Ga. L. 1953, Nov.-Dec. Sess., p. 266) and which creates the Waycross and Ware County Development Authority; to provide the authority for this act; to provide for related matters; and for other purposes. This 23 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. Page 4381 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. PICKENS COUNTY COMMISSIONER; COMPENSATION. No. 1031 (House Bill No. 1673). AN ACT To amend an Act creating the office of Commissioner of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3352) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4501), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4382 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of Commissioner of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3352) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4501), is amended by striking Section 6, which reads as follows: Section 6. The Commissioner of Pickens County shall be compensated in the amount of $20,000.00 per annum, to be paid in equal monthly installments from the general funds of said county., and inserting in its place a new Section 6 to read as follows: Section 6. The Commissioner of Pickens County shall receive an annual salary equal to the annual salary of the highest paid elected county officer of Pickens County, plus an additional $1,200.00. For the purposes of this Section the term `county officer' shall mean only the tax commissioner, the judge of the probate court, the sheriff, or the clerk of the superior court. The salary provided in this Section shall be paid in equal monthly installments from the funds of the county. The county shall furnish the commissioner with an appropriate automobile to be used by such commissioner in carrying out the official duties of the office. The automobile and the replacement cost thereof from time to time, as well as the costs necessary to maintain and operate such automobile, shall be paid from the funds of Pickens County. The commissioner shall be reimbursed from county funds for actual and necessary expenses incurred in carrying out the official duties of the office. The salary and expenses provided in this Act shall constitute the entire compensation to which the commissioner shall be entitled, to be paid from county funds. The commissioner shall devote full time to the duties of the office. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4383 LEGAL NOTICE Notice is hereby given that Local Legislation will be introduced to increase the salary of the Pickens County Commissioner during the 1986 Session of the Georgia General Assembly. Legislative Delegation of Pickens County(35) GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following date: January 23, 1986. /s/ Wendell T. Anderson, Sr. Representative, 8th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4384 CITY OF AUSTELL HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1032 (House Bill No. 1689). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $1,000.00 from all City of Austell ad valorem taxes (Resolution Act No. 186; House Resolution No. 596-1603; Ga. L. 1980, p. 2121); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $1,000.00 from all City of Austell ad valorem taxes (Resolution Act No. 186; House Resolution No. 596-1603; Ga. L. 1980, p. 2121) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-336 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4385 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a homestead exemption for residents of the City of Austell in the amount to be fixed by the governing authority of the city at not more than $1,000.00 from all City of Austell ad valorem taxes (Resolution Act No. 186; House Resolution No. 596-1603; Ga. L. 1980, p. 2121); and for other purposes. This 30th day of January, 1986. Fred Aiken For Deligation 1:31 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 31, 1986. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 20, 1986. Page 4386 ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1033 (House Bill No. 1690). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Acworth Downtown Development Authority (Resolution Act No. 192; House Resolution No. 681-1706; Ga. L. 1980, p. 2134); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Acworth Downtown Development Authority (Resolution Act No. 192; House Resolution No. 681-1706; Ga. L. 1980, p. 2134) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-338 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Acworth Downtown Development Authority (Resolution Act. No. 192; House Resolution No. 681-1706; Ga. L. 1980, p. 2134); and for other purposes. Page 4387 This 30th day of January, 1986. Fred Aiken For Deligation 1:31 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). L-840 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of Georgia a bill to provide for implementing legislation for the amendment to the Constitution which created the Acworth Downtown Development Authority and which was ratified in 1980 and is set out at Ga. Laws, 1980, p. 2134; to provide for related matters, and for other purposes. Page 4388 This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A. L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4389 CITY OF AUSTELL DISCOUNT FOR PROMPT PAYMENT OF AD VALOREM TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1034 (House Bill No. 1691). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes (Resolution Act No. 76; House Resolution No. 269-984; Ga. L. 1977, p. 1609); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes (Resolution Act No. 76; House Resolution No. 269-984; Ga. L. 1977, p. 1609) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-339 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the Page 4390 State of Georgia that constitutional amendment authorizing the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes (Resolution Act. No. 76; House Resolution No. 200-964; Ga. L. 1977, p. 1609); and for other purposes. This 30th day of January, 1986. Fred Aiken For Deligation 1:31 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 31, 1986. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4391 CITY OF AUSTELL HOMESTEAD EXEMPTION FOR PERSONS 65 OR OVER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1035 (House Bill No. 1692). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged 65 or over (Resolution Act No. 77; House Resolution No. 270-984; Ga. L. 1977, p. 1610); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That constitutional amendment authorizing the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged 65 or over (Resolution Act No. 77; House Resolution No. 270-984; Ga. L. 1977, p. 1610) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2 . This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3 . All laws and parts of laws in conflict with this Act are repealed. L-337 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4392 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged sixty-five or over (Resolution Act. No. 77; House Resolution No. 270-964; Ga. L. 1977, p. 1610); and for other purposes. This 30th day of January, 1986. Fred Aiken For Deligation 1:31 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 31, 1986. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 20, 1986. Page 4393 CHEROKEE COUNTY BOARD OF EDUCATION; APPOINTMENT OF CHAIRMAN; TERMS; VACANCIES. No. 1036 (House Bill No. 1710). AN ACT To amend an Act providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602), so as to provide for the appointment of the chairman of the Board of Education of Cherokee County by the board from its own membership; to provide for the term of office of the chairman; to provide for filling a vacancy in the office of chairman; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602), is amended by adding immediately following Section 4 a new Section 4A to read as follows: Section 4A. At the first regular meeting of the board held in January of each year, the Board of Education of Cherokee County shall appoint a chairman of the board from its own membership. In the event the office of chairman becomes vacant for any reason during a term, the board shall appoint one of their number to serve as chairman until a successor is appointed at the first regular meeting held in January of the immediately following year. A member who serves as chairman shall be eligible for reappointment as chairman. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 4394 M-925 Notice is hereby given that legislation will be introduced to allow the Cherokee County Board of Education to elect a chairman on a yearly basis. GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: February 5, 1986. /s/ W. G. HASTY, SR. Representative, 8th District Sworn to and subscribed before me, this 7th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL). Approved March 20, 1986. Page 4395 FORSYTH COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 1037 (House Bill No. 1720). AN ACT To amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3155), so as to change the provisions relating to the expense allowance of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 19, 1981 (Ga. L. 1981, p. 3155), is amended by striking Section 7 of said Act in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The chairman of the board of commissioners shall receive a salary of $150.00 per month, payable out of the funds of Forsyth County. The compensation of the other members of the board shall be $100.00 per month, payable out of the funds of Forsyth County. (b) The chairman and each member of the board shall receive the sum of $59.00 as an expense allowance for each day's actual attendance at a meeting of the board or any meeting of any other governmental or public board, council, committee, authority, or commission at which said member is representing the board of commissioners of Forsyth County or a political subdivision of Forsyth County, but shall receive the same for not more than six days per month. Said expense allowance shall be payable out of the funds of Forsyth County. (c) The chairman and other members of the board shall also be entitled to actual expenses incurred while on business outside of the county, to be payable from the funds of Forsyth County. Page 4396 Section 2. This Act shall become effective January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide compensation for the chairman and members of the Board of Commissioners of Forsyth County and for other purposes. This 24th day of January, 1986. Bill H. Barnett Dis State Rep District 10 L-7630 129 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following date: January 29, 1986. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL). Approved March 20, 1986. Page 4397 CITY OF HELEN NAME OF CITY COUNCIL CHANGED TO CITY COMMISSION. No. 1038 (House Bill No. 1733). AN ACT To amend an Act reincorporating and providing a new charter for the City of Helen, approved March 18, 1985 (Ga. L. 1985, p. 3743), so as to change the name of the governing authority of the City of Helen from the city council to the city commission; to change references to such body throughout said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and providing a new charter for the City of Helen, approved March 18, 1985 (Ga. L. 1985, p. 3743), is amended by striking the words city council and council wherever the same shall appear in said Act and inserting in lieu thereof the words city commission and commission, respectively, so that, when amended, the governing authority of the City of Helen shall be known as the city commission or as the commission. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that Legislation will be introduced in the 1986 Session of the Georgia General Assembly relative to amending the Charter for the City of Helen, Georgia. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, COUNTY OF WHITE. Before me the undersigned Notary Public, this day personally came BOBBY E. WILLIAMS, who, being first duly sworn, Page 4398 according to law, says that he is the Publisher of the White County News, official newspaper published at Cleveland, in said County and State, and that the Publication, of which the annexed is a true copy, was published in said paper on the 30th day of January, 1986, as provided by Law. /s/ Bobby E. Williams, Publisher (SEAL) Subscribed and sworn before me this 31 day of January, 1986. /s/ Jane Long Bennett Notary Public. My Commission expires: Oct. 28, 1988. (SEAL). Approved March 20, 1986. CITY OF HIRAM COUNCILMEN; ELECTIONS; TERMS OF MAYOR AND COUNCILMEN. No. 1039 (House Bill No. 1735). AN ACT To amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for the election of the councilmen from numbered posts; to provide for the city general election; to change and stagger the terms of the mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Page 4399 Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, is amended by striking Section 6 thereof and inserting in its place a new Section 6 to read as follows: Section 6. (a) The government of the City of Hiram shall be vested in the mayor and council. The council shall be composed of five councilmen, sometimes referred to in this Act as aldermen, who shall be elected at large from council posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. (b) The general election for the City of Hiram shall be held on the first Monday in December, 1987, and on the first Monday in December each succeeding odd-numbered year thereafter. (c) The mayor and councilmen in office upon the effective date of this section shall serve out their terms of office, which expire December 31, 1987, and until their respective successors are elected and qualified as provided in this subsection. The successor to the mayor and those successors to councilmen from Posts 1 and 2 shall be elected at the city general election in 1987 and shall take office the first day of January immediately following that election to serve for an initial term of four years each and until their respective successors are elected and qualified. Those successors to the councilmen from Posts 3, 4, and 5 shall be elected at the city general election in 1987 and shall take office the first day of January immediately following that election to serve initial terms of two years each and until their respective successors are elected and qualified. (d) After the initial terms of office specified in subsection (c) of this section, successors to the mayor and councilmen whose terms are to expire shall be elected at the city general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election to serve for terms of four years each and until their respective successors are elected and qualified. Section 2 . This Act shall become effective February 15, 1987. Page 4400 Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended; and for other purposes. This 3rd day of February, 1986. Charlie Watts, Representative, 41st District GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: February 6, 1986. /s/ Charlie Watts Representative, 41st District Sworn to and subscribed before me, this 7th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 20, 1986. Page 4401 CHEROKEE JUDICIAL CIRCUIT ASSISTANT DISTRICT ATTORNEY. No. 1040 (House Bill No. 1744). AN ACT To provide for an assistant district attorney for the Cherokee Judicial Circuit; to provide for the employment, powers, duties, term of office, compensation, and expenses of such assistant district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The district attorney of the Cherokee Judicial Circuit, with the prior consent of the governing authority of each county comprising the circuit, is authorized to employ an additional assistant district attorney who shall be compensated from the funds of the counties comprising such circuit. The compensation of such assistant district attorney shall be fixed in the same amount as if such assistant district attorney were a state paid assistant district attorney appointed pursuant to Code Section 15-18-14 of the Official Code of Georgia Annotated, and the pay scales established or amended pursuant to said Code section shall apply to the compensation of such assistant district attorney. Such compensation shall be paid in equal monthly or semimonthly installments from the funds of the counties comprising said circuit in the proportion which each county's population bears to the total population of the circuit. It shall be within the sole power and authority of the district attorney to designate and name the person who shall be employed as the assistant district attorney pursuant to this Act and to prescribe such person's duties and assignments. The district attorney is further authorized to remove or replace such assistant district attorney at will and within his sole discretion. Section 2. The expenses connected with the assistant district attorney as provided for in this Act shall be met out of county funds. The governing authorities of the counties comprising the circuit are authorized to furnish such supplies, equipment, Page 4402 automobiles, and office space and to provide for the reimbursement of such other miscellaneous expenses as shall be required or incurred in connection with the official duties of said assistant district attorney in the same manner as provided for in Section 1 of this Act. Section 3. This Act shall become effective on July 1, 1986. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for an assistant district attorney for the Cherokee Judicial Circuit; to provide for the employment, powers, duties, term of office, compensation, and expenses of such assistant district attorney; and for other purposes. This 30th day of January, 1986. /s/ Boyd Pettit W-2/6 #2474 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following date: February 6, 1986. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Page 4403 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for an assistant district attorney for the Cherokee Judicial Circuit: to provide for the employment, powers; duties, term of office, compensation, and expenses of such assistant district attorney; and for other purposes. This 30 day of January, 1986. J. C. Maddox Boyd Pettit 1t-2-5 GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following date: February 5, 1986. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. Page 4404 JEFFERSON COUNTY AND LOCAL TAXING JURISDICTIONS THEREIN DISCOUNT FOR EARLY PAYMENT OF AD VALOREM TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1041 (House Bill No. 1765). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 150 of the 1982 General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2588) and which relates to the power of the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes; to provide for authority; to authorize the governing authority of Jefferson County to grant a 2 percent discount to those ad valorem taxpayers who pay their taxes within a certain time period; to provide that such discount shall apply to all ad valorem taxes levied by Jefferson County, including school taxes and county and school bond taxes, but shall not apply to state taxes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 150 of the 1982 General Assembly and which was duly ratified at the 1982 general election (Ga. L. 1982, p. 2588) and which relates to the power of the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. Section 1 of this Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4405 Section 3. The governing authority of Jefferson County is authorized to grant a discount to those ad valorem taxpayers who pay their ad valorem taxes within 20 days from the date they are billed for such taxes by the county. The amount of such discount shall not exceed 2 percent of the amount of ad valorem taxes due. Such discount may apply to all ad valorem taxes levied by Jefferson County, including ad valorem taxes levied for the support of the Jefferson County School District and ad valorem taxes levied to retire bonded indebtedness of Jefferson County and the Jefferson County School District; but such discount shall not apply to or affect state ad valorem taxes. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE IS GIVEN That there will be introduced at the 1986 session of the General Assembly of Georgia, a bill to continue in force and effect, as part of the Constitution of the State of Georgia, that constitutes Amendment which was proposed by Resolution Act 150 of the 1982 General Assembly, which was duly ratified at the 1982 General Election (Georgia Laws 1982, page 2588) and which relates to discounts for early payment of advalorem taxes owed to local taxing jurisdictions in Jefferson County; to provide for the granting of discounts for prompt payment for taxes owed to Jefferson County and the Jefferson County School District; To provide for all related matters; and other purposes. 2-6-1c GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following date: February 6, 1986. /s/ EMORY E. BARGERON Representative, 108th District Page 4406 Sworn to and subscribed before me, this 11th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988. (SEAL) Approved March 20, 1986. CITY OF MARIETTA BONDED INDEBTEDNESS FOR EDUCATIONAL PURPOSES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1042 (House Bill No. 1769). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39; H.R. 193-475; Ga. L. 1965, p. 680); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39; H.R. 193-475; Ga. L. 1965, p. 680) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but Page 4407 is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-844 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39; H.R. 193-475; Ga. L. 1965, p. 680); to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. /s/ Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Page 4408 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. COBB COUNTY SOLID WASTE FACILITIES; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1043 (House Bill No. 1770). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143; H.R. 472-1169; Ga. L. 1964, p. 936); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143; H.R. 472-1169; Ga. L. 1964, p. 936) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4409 Section 3. All laws and parts of laws in conflict with this Act are repealed. L-568 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143; H.R. 472-1169; Ga. L. 1964, p. 936); to provide the authority for this Act; and for other purposes. This 5th day of Feb., 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. Page 4410 COBB COUNTY ORDINANCES; PENALTIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1044 (House Bill No. 1778). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant the governing authority of Cobb County the power to adopt ordinances for the governing of the county and to provide penalties for violations of such ordinances (Res. Act No. 19; S.R. 68; Ga. L. 1967, p. 914); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to grant the governing authority of Cobb County the power to adopt ordinances for the governing of the county and to provide penalties for violations of such ordinances (Res. Act No. 19; S.R. 68; Ga. L. 1967, p. 914) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-560 NOTICE IN INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4411 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant the governing authority of Cobb County the power to adopt ordinances for the governing of the county and to provide penalties for violations of such ordinances (Res Act. No. 19; S.R. 68, Ga. L. 1967, p. 914), to provide the authority for this Act, and for other purposes. This 5th day of Feb. 1986. /s/ Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. Page 4412 COBB COUNTY AND MUNICIPALITIES THEREIN DISPOSITION OF ASSETS AND OBLIGATIONS OF ABOLISHED MUNICIPALITIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1045 (House Bill No. 1779). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by local law for the disposition of the assets and obligations of any municipality lying wholly within Cobb County whose charter is repealed (Res. Act No. 215; H.R. 717-1847; Ga. L. 1976, p. 1898); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to provide by local law for the disposition of the assets and obligations of any municipality lying wholly within Cobb County whose charter is repealed (Res. Act No. 215; H.R. 717-1847; Ga. L. 1976, p. 1898) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-561 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4413 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by local law for the disposition of the assets and obligations of any municipality lying wholly within Cobb County whose charter is repealed (Res. Act. No. 215; H.R. 717-1847; Ga. L. 1976, p. 1806); to provide the authority for this Act, and for other purposes. This 5th day of Feb., 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. Page 4414 CITY OF AUSTELL HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1046 (House Bill No. 1780). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Austell to grant a homestead exemption to residents in an amount not to exceed $1,000.00 (Res. Act No. 186; H.R. 596-1603; Ga. L. 1980, p. 2121); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the governing authority of the City of Austell to grant a homestead exemption to residents in an amount not to exceed $1,000.00 (Res. Act No. 186; H.R. 596-1603; Ga. L. 1980, p. 2121) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-546 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Page 4415 governing authority of the City of Austell to grant a homestead exemption to residents in an amount not to exceed $1,000.00 (Res. Act No. 185; H.R. 596-1603; Ga. L. 1980, p. 2121); to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 20, 1986. Page 4416 COBB COUNTY BOARD OF EDUCATION; REAPPORTIONMENT OF EDUCATION DISTRICTS WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1047 (House Bill No. 1781). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act No. 163; H.R. 694-2052; Ga. L. 1974, p. 1763); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act No. 163; H.R. 694-2052; Ga. L. 1974, p. 1763) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-562 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4417 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act. No. 163; H.R. 694-2052; Ga. L. 1974, p. 1763) to provide the authority for this Act; and for other purposes. This 5th day of Feb. 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 20, 1986. Page 4418 FULTON COUNTY LANDFILLS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1048 (Senate Bill No. 498). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 925), which relates to the authorization of the Board of Commissioners of Fulton County to operate landfills; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1966, p. 925) authorization of the Board of Commissioners of Fulton County to operate landfills and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1966, p. 925) which relates to the authorization of the Board of Commissioners of Fulton County to operate landfills and to levy taxes in support of Page 4419 such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. Page 4420 FULTON COUNTY CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1049 (Senate Bill No. 499). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1939, p. 36) which relates to the authorization of enactment of laws to create a civil service system and commission for certain county employees and employees and deputies of county officers of Fulton County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1939, p. 36) which relates to the authorization of enactment of laws to create a civil service system and commission for certain county employees and employees and deputies of county officers of Fulton County and procedures therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that Page 4421 constitutional amendment (Ga. L. 1939, p. 36) which relates to the authorization of enactment of laws to create civil service system and commission for certain county employees and employees and employees and deputies of county officers and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. Page 4422 FULTON COUNTY SEWERAGE, WATER, AND FIRE PREVENTION SYSTEMS; PARKS; TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1050 (Senate Bill No. 500). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1929, p. 135) which relates to the authorization of the governing authority of Fulton County to establish sewerage, water, and fire prevention systems and parks and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1929, p. 135) which relates to the authorization of the governing authority of Fulton County to establish sewerage, water, and fire prevention systems and parks and to levy taxes in support of such services, and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia, but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4423 in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1929, P. 135) which relates tothe authorization of the governing authority of Fulton County to establish sewerage, water, and fire prevention systems and parks and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purpose. This 10th day of January, 1986. Henry R. Bauer, Jr. Fulton County Legislative Liason Jan 13, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 13, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. Page 4424 CITY OF ATLANTA AND FULTON COUNTYURBAN ENTERPRISE ZONES; TAXATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1051 (Senate Bill No. 501). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2647), which relates to the authorization of the General Assembly by legislation to treat real property in urban enterprise zones in Atlanta as a separate class of property for Atlanta and Fulton County tax purposes; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1982, p. 2647) authorization of the General Assembly by legislation to treat real property in urban enterprise zones in Atlanta as a separate class of property for Atlanta and Fulton County tax purposes and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4425 in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1982, p. 2647) which relates to the authorization of the General Assembly by legislation to treat real property in urban enterprise zones in Atlanta as a separate class of property for Atlanta and Fulton County tax purposes and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. Page 4426 CITY OF ATLANTAFREEPORT EXEMPTION; URBAN ENTERPRISE ZONES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1052 (Senate Bill No. 502). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2645), which relates to the authorization of the General Assembly to provide by local law for the freeport exemption of inventory goods to be applied for purposes of county, county school district, and municipal taxes to urban enterprise zones established by the City of Atlanta; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1982, p. 2645) authorization of the General Assembly to provide by local law for the freeport exemption of inventory goods to be applied for purposes of county, county school district, and municipal taxes to urban enterprise zones established by the City of Atlanta and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4427 in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1982, p. 2645) which relates to the authorization of the General Assembly to provide by local law for the freeport exemption of inventory goods to be applied for purposes of county, county school district and municipal taxes to urban enterprise zones established by the City of Atlanta and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; anf for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. Page 4428 FULTON COUNTY DETENTION FACILITIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1053 (Senate Bill No. 503). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1439), which relates to the authorization of the Board of Commissioners of Fulton County to maintain and operate detention facilities inside or outside the boundaries of the county for the confinement of all persons, including juveniles and provides that the facilities shall be under the control of such person as may be designated by the governing authority and need not be used exclusively for any one class of prisoner; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1972, p. 1439) authorization of the Board of Commissioners of Fulton County to maintain and operate detention facilities inside or outside the boundaries of the county for the confinement of all persons, including juveniles and provides that the facilities shall be under the control of such person as may be designated by the governing authority and need not be used exclusively for any one class of prisoner and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4429 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. l. 1972, p. 1439) which relates to the authorization of the Board of Commissioners of Fulton County to maintain and operate detention facilities inside or outside the boundaries of the county for the confinement of all persons, including juveniles and provides that the facilities shall be under the control of such person as may be designated by the governing authority and need not be used execlusively for any one class of prisioner and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Page 4430 Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY SERVICES DISTRICTS; TAXATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1054 (Senate Bill No. 504). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1481), which relates to the authorization of the Board of Commissioners of Fulton County to divide the county into districts for the purpose of providing any or all services which the county is authorized to provide and to levy taxes or assessments to defray the cost of such services without the necessity of uniformity of taxation between such districts; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1972, p. 1481) authorization of the Board of Commissioners of Fulton County to divide the county into districts for the purpose of providing any or all services which the county is authorized to provide and to levy taxes or assessments to defray the cost of such services without the necessity of uniformity of taxation between such districts and procedures connected Page 4431 therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1972, p. 1481) which relates to the authorization of the Board of Commissioners of Fulton County to divide the county into districts for the purpose of providing any or all services which the county is authorized to provide and to levy taxes or assessments to defray the cost of such services without the necessity of uniformity of taxation between such districts and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Page 4432 Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY AND POLITICAL SUBDIVISIONS THEREIN AD VALOREM TAXATION; PROCEDURES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1055 (Senate Bill No. 506). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1951, p. 874) which relates to the giving to the General Assembly powers relative to ad valorem taxation by Fulton County and the political subdivisions located wholly or in part in Fulton County, including the power to prescribe the date of tax assessments and levies, to prescribe the form of tax bills, to prescribe tax due dates, to authorize partial payments of taxes, to provide for appraisals, to prescribe the location of tax offices, and to provide for forms, records and equipment; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4433 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1951, p. 874) which relates to the giving to the General Assembly powers relative to ad valorem taxation by Fulton County and the political subdivisions located wholly or in part in Fulton County, including the power to prescribe the date of tax assessments and levies, to prescribe the form of tax bills, to prescribe tax due dates, to authorize partial payments of taxes, to provide for appraisals, to prescribe the location of tax offices, and to provide for forms, records and equipment and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1951, p. 874) which relates to the giving to the General Assembly powers relative to ad valorem taxation by Fulton County and the political subdivisions located wholly or in part in Fulton County, including the power to prescribe the date of tax assessments and levies, to prescribe the form of tax bills, to prescribe tax due dates, to authorize partial payments of taxes, to provide for appraisals, to prescribe the location of tax offices, and to provide for forms, records and equipment and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4434 This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY HOMESTEAD EXEMPTION FOR RESIDENTS WHO ARE DISABLED OR 65 OR OLDER; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1056 (Senate Bill No. 507). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. Page 4435 1978, p. 2367), which relates to the granting of a $10,000.00 homestead exemption from county and county school district ad valorem taxes to each resident of Fulton County who is disabled or 65 years of age or older and has specified income not exceeding the maximum amount which may be received under the federal Social Security Act; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1978, p. 2367) granting of a $10,000.00 homestead exemption from county and county school district ad valorem taxes to each resident of Fulton County who is disabled or 65 years of age or older and has specified income not exceeding the maximum amount which may be received under the federal Social Security Act and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1978, p. 2367) which relates to the granting of a $10,000.00 homestead exemption from county and county school district ad valorem taxes to each resident of Fulton County who is disabled or 65 years of age or older and has specified income not exceeding the maximum amount which may be received under the federal Social Security Act and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4436 This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTYGRANTS TO MUNICIPALITIES FOR RECREATIONAL PROGRAMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1057 (Senate Bill No. 508). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. Page 4437 1982, p. 2504), which relates to the authorization of the Board of Commissioners of Fulton County to make grants not exceeding $5,000.00 to municipalities located in Fulton County for the conduct of recreational programs; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1982, p. 2504) which relates to the authorization of the Board of Commissioners of Fulton County to make grants not exceeding $5,000.00 to municipalities located in Fulton County for the conduct of recreational programs and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1982, p. 2504) which relates to the authorization of the Board of Commissioners of Fulton County to make grants not exceeding $5,000.00 to municipalities located in Fulton County for the conduct of recreational programs and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Page 4438 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY INDUSTRIAL DISTRICT; EDUCATIONAL TAXATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1058 (Senate Bill No. 509). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1979, p. 1797), which relates to the establishing of the Fulton County Industrial District and prohibits the board of commissioners from levying any tax for education purposes within the district; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4439 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1979, p. 1797) establishing of the Fulton County Industrial District and prohibits the board of commissioners from levying any tax for education purposes within the district and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1979, p. 1797) which relates to the establishing of the Fulton County Industrial District and prohibit the Board of Commissioners from levying any tax for education purposes within the district and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 4440 duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY TAX COMMISSIONER; CHIEF DEPUTY; SELECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1059 (Senate Bill No. 510). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1952, p. 514) which relates to the authorization for the General Assembly to provide the method of selection of the tax commissioner of Fulton County and to provide for the appointment of a chief deputy; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4441 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1952, p. 514) which relates to the authorization for the General Assembly to provide the method of selection of the tax commissioner of Fulton County and to provide for the appointment of a chief deputy and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1952, p. 514) which relates to the authorization for the General Assembly to provide the method of selection of the tax commissioner of Fulton County and to provide for the appointment of a chief deputy and to levy taxes in support of such services; to provide the authority for this Act; and to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Page 4442 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY GOVERNING AUTHORITY; POWERS, RESPONSIBILITIES, AND LIMITATIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1060 (Senate Bill No. 511). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1951, p. 828, as amended by Ga. L. 1953, Nov.-Dec. Sess., p. 144) which relates to the authorization of the General Assembly to provide by general or local law all the powers, responsibilities, and limitations of the governing authority of Fulton County Page 4443 in the incorporated and unincorporated area; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1951, p. 828, as amended by Ga. L. 1953, Nov.-Dec. Sess., p. 144) which relates to the authorization of the General Assembly to provide by general or local law all the powers, responsibilities, and limitations of the governing authority of Fulton County in the incorporated and unincorporated area and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1951, p. 828, as amended by Ga. L. 1953, Nov.-Dec. Sess., p. 144) which relates to the authorization of the General Assembly to provide by general or local law all the powers, responsibilities, and limitations of the governing authority of Fulton County in the incorporated and unincorporated area and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. Page 4444 HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY GENERAL OBLIGATION BONDS FOR PUBLIC IMPROVEMENTS; USSUANCE WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1061 (Senate Bill No. 512). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. Page 4445 1969, p. 1154), which relates to the authorization of Fulton County to issue general obligation bonds for certain public improvements without the vote of the people; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1969, p. 1154) authorization of Fulton County to issue general obligation bonds for certain public improvements without the vote of the people and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1969, p. 1154) which relates to the authorization of Fulton County to issue general obligation bonds for certain public improvements without the vote of the people and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Page 4446 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY OPERATION OF RECREATIONAL PROGRAMS IN CITIES OF 5,000 OR LESS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1062 (Senate Bill No. 513). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1477), which relates to the authorization of Fulton County, with the consent of the city involved, to operate recreational programs in any city within the county having a population of 5,000 or less; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4447 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1972, p. 1477) authorization of Fulton County, with the consent of the city involved, to operate recreational programs in any city within the county having a population of 5,000 or less and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1972, p. 1477) which relates to the authorization of Fulton County, with the consent of the city involved, to operate recreational programs in any city within the county having a population of 5,000 or less and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 4448 duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY HOMESTEAD EXEMPTIONS; NONPROFIT COOPERATIVE OWNERSHIP HOUSING CORPORATION STOCKHOLDERS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1063 (Senate Bill No. 514). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1976, p. 1864), which relates to the provision that for purposes of determining eligibility for homestead exemption from local county, city, and school ad valorem taxes in Fulton County a homestead shall include property held under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4449 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which relates to the (Ga. L. 1976, p. 1864) provision that for purposes of determining eligibility for homestead exemption from local county, city, and school ad valorem taxes in Fulton County a homestead shall include property held under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1976, p. 1864) which relates to the provision that for purposes of determining eligibility for homestead exemption from local county, city and school ad valorem taxes in Fulton County a homestead shall include property held under an occupancy agreement as a stockholder of a nonprofit coopertive ownership housing corporation and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Page 4450 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY EXPENDITURE OF COUNTY FUNDS TO SUPPORT STATE-OWNED INSTITUTIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1064 (Senate Bill No. 515). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1950, p. 453) which relates to the provision that the county governing authority of Fulton County may spend county funds to support any institution within the county which is owned Page 4451 by the state or an agency of the state; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1950, p. 453) which relates to the provision that the county governing authority of Fulton County may spend county funds to support any institution within the county which is owned by the state or an agency of the state and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1950, p. 453) which relates to the provision that the county governing authority may spend county funds to support any institution within the county which is owned by the state or an agency of the state and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Page 4452 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY CIVIL SERVICE SYSTEM; COVERAGE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1065 (Senate Bill No. 516). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1947, p. 1776) which relates to the authorization of the inclusion in a civil service/merit system of Fulton County persons, other than elected officers, who are paid out of county funds, and prior extensions of coverage by system; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4453 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1947, p. 1776) which relates to the authorization of the inclusion in a civil service/merit system of Fulton County persons, other than elected officers, who are paid out of county funds, and prior extensions of coverage by system and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1947, p. 1776) which relates to the authorization of the inclusion in Civil Service/Merit System of Fulton County persons, other than elected officers, who are paid out of county funds, and prior extensions of coverage by system and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 Page 4454 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. FULTON COUNTY GARBAGE DISPOSAL DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1066 (Senate Bill No. 518). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1947, p. 1757) which relates to the authorization of a levy of tax or assessment on real property in unincorporated areas of Fulton County for garbage disposal services and to divide such area into garbage disposal districts without regard to uniformity; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4455 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1947, p. 1757) which relates to the authorization of a levy of tax or assessment on real property in unincorporated areas of Fulton County for garbage disposal services and to divide such area into garbage disposal districts without regard to uniformity and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1947, p. 1757) which relates to the authorization of a levy of tax or assessment on real property in unincorporated areas of the county for garbage disposal services and to divide such area into garbage disposal districts without regard to uniformity and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 Page 4456 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. JOINT CITY-COUNTY BOARDS OF TAX ASSESSORS IN COUNTIES HAVING CITIES OF 300,000 OR MORELOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1067 (Senate Bill No. 519). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1952, p. 591) which relates to the authorization for the General Assembly by local Act to provide a joint city-county board of tax assessors and a board of tax appeals and equalization in certain counties; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4457 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1952, p. 591) which relates to the authorization for the General Assembly by local Act to provide a joint city-county board of tax assessors and a board of tax appeals and equalization in certain counties and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1952, p. 591) which relates to the authorization for the General Assembly by local Act to provide a joint city-county board of tax assessors and a board of tax appeals and equalization and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986 Req.-1 Page 4458 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. STATE COURT OF COBB COUNTY CLERK; CHIEF DEPUTY CLERK; COMPENSATION. No. 1068 (Senate Bill No. 550). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4508), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4459 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4508), is amended by striking paragraph (4) of subsection (b) of Section 17 which reads as follows: (4) The salary of the chief deputy clerk shall be $35,200.00 per annum to be paid in equal monthly installments from funds of Cobb County., and inserting in place thereof a new paragraph to read as follows: (4) The salary of the chief deputy clerk shall be $36,960.00 per annum to be paid in equal monthly installments from funds of Cobb County. Section 2. Said Act is further amended by striking from Section 23 the following: The clerk of the State Court of Cobb County shall receive an annual salary of $39,600.00, payable in equal monthly installments from the funds of Cobb County., and inserting in place thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $41,580.00, payable in equal monthly installments from the funds of Cobb County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-480 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Page 4460 regular 1986 Session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 20, 1964 (Ga. L. 1964, p. 3211) and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thomson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 20, 1986. Page 4461 EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY MEMBERSHIP; POWERS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1069 (House Bill No. 1679). AN ACT To provide amendment of the powers and purposes of the East Point Business and Industrial Development Authority; to change the composition of and appointment of membership on the authority; to provide for certain procedures; to provide for certain limitations on the powers of the authority; to provide for continuation of the East Point Business and Industrial Development Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is an amendment to those several Acts and Resolutions creating and amending the East Point Business and Industrial Development Authority established by that Resolution for an amendment of the Constitution of the State of Georgia (Ga. L. 1975, p. 1705) ratified at the 1976 General Election, and the several Acts amendatory thereof including that Act approved March 26, 1980 (Ga. L. 1980, p. 4080) and as more particularly amended by that Act approved April 12, 1982 (Ga. L. 1982, p. 4435) as hereinafter specifically set forth. Section 2. Those Acts of the General Assemblies of Georgia providing for the powers and purposes of the East Point Business and Industrial Development Authority including that Act approved March 26, 1980 (Ga. L. 1980, p. 4080, 4081) and particularly that Act approved April 12, 1982 (Ga. L. 1982, p. 4435) are hereby further amended by striking the provisions of Section 3, relating to membership, in its entirety and inserting in lieu thereof a new Section 3 which shall provide as follows: Section 3. Membership. The Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated member Page 4462 from the City Council of the City of East Point. The term of such position shall not extend beyond the term for which the Mayor of the City of East Point is elected. (a) Qualifications. All persons who have resided within the limits of the City of East Point for at least six (6) months shall be eligible for nomination and appointment to membership on the Authority. (b) Composition and Appointments. The remaining six (6) positions for membership on the Authority shall be filled by a resolution or resolutions of appointment adopted by the Mayor and Council of the City of East Point, and shall be comprised as follows: four (4) of said positions shall be filled by nominations to the full Council from the Councilperson(s) of each elective ward of the City of East Point, the two (2) remaining seats shall be filled from nominations to the Mayor and Council by the Mayor and Council generally. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: for the initial membership of the Authority, of the six (6) positions filled by resolution of the Mayor and Council of East Point, one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position shall be filled for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending on December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer Page 4463 shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event of the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly of Georgia. Section 3. The provisions of the original enabling legislation, at Ga. L. 1975, p. 1705, 1712, and specifically the prefatory phrase to Paragraph 5 is stricken in its entirety and there shall be inserted in lieu thereof the following: 5. Powers. The Authority shall have the following described powers subject to the limitation that any contract having a duration of greater than thirty (30) days or an expenditure or obligation of more than $2,500.00, before having any binding force and effect, all such actions shall first be submitted for the advice and consent of the Mayor and Council of the City of East Point, such limitation shall include, but not be limited to, the selection and appointment of any Executive Director and employees of the Authority: Section 4. Pursuant to the 1982 Constitution of the State of Georgia, and in concurrence with actions of the Mayor and Council of the City of East Point, it is determined that it is in the best interest of the City of East Point and the State of Georgia that the constitutionally created authority known as the East Point Business and Industrial Development Authority, created by resolution at Ga. L. 1975, p. 1705, as amended, be and is hereby continued as a constitutionally created authority pursuant Page 4464 to the Constitution of 1982 and by this Act is hereby continued. Section 5. Effective Date. This Act shall become effective upon its approval by the Governor. Upon such approval, the terms for which present members of the Authority were appointed shall be terminated, except that present members shall continue until successors are appointed. Successor appointments for membership of the Authority shall be made by the procedure described for initial appointments to membership on the Authority contained in Section 2 of this Act. The provisions of Section 3 of this Act shall in no manner affect existing contracts and obligations. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1986 Regular Session of the General Assembly of Georgia, which convenes in January, 1986. The title of the Bill to be introduced shall be as follows: AN ACT TO AMEND AN ACT ESTABLISHING THE EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY, ESTABLISHED BY THAT RESOLUTION FOR AN AMENDMENT OF THE CONSTITUTION OF THE STATE OF GEORGIA (Ga. L. 1985, p. 1705) RATIFIED AT THE 1976 GENERAL ELECTION, AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 26, 1980 (Ga. L. 1980, p. 4080) AND AS MORE PARTICULARLY AMENDED BY THAT ACT APPROVED APRIL 12, 1982 (Ga. L. 1982, p. 4435); AND FOR OTHER PURPOSES. This 14 day of January, 1986. Page 4465 CITY OF EAST POINT, GEORGIA George N. Sparrow, Jr. Attorney for the City of East Point, Georgia Jan. 16 1966 Req.tfn Thurs.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 16, 1986; January 23, 1986. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4466 STATE COURT OF DEKALB COUNTY ADDITIONAL ASSISTANT SOLICITORS. No. 1070 (House Bill No. 1685). AN ACT To amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4369), so as to provide for the appointment of additional assistant solicitors of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4369), is amended by striking Section 6A in its entirety and inserting in lieu thereof a new Section 6A to read as follows: Section 6A. The solicitor of the State Court of DeKalb County shall have authority to appoint ten assistant solicitors. Such assistant solicitors may be removed by the solicitor. Each of said assistant solicitors shall be at least 21 years of age at the time of his or her appointment and shall be a member of the State Bar of Georgia. The salary of said assistant solicitors shall be fixed by the board of commissioners of DeKalb County at not less than $6,000.00 per annum, to be paid monthly out of the county treasury as an expense of the court. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4467 NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia, 1986, such legislation being an act to amend an Act approved February 14, 1951, (Ga.L.1961, p.2401), creating the Civil Court of DeKalb County, and Acts amendatory thereto, and as amended (being the State Court of DeKalb County), so as to provide for additional Assistant Solicitors; repeal conflicting laws; and for other purposes. This 22nd day of January, 1986. Ralph Bowden, Solicitor State Court of DeKalb County Georgia 16-3308,1/30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs, who, on oath, deposes and says that she is Representative from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 30, 1986. /s/ Peggy Childs Representative, 53rd District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4468 NEWTON COUNTY ORDINANCES; ENFORCEMENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1071 (House Bill No. 1703). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of the county and the enforcement of all duties and powers vested in the board of commissioners and providing for penalties and enforcement of such ordinances (Resolution Act No. 191; House Resolution No. 665-1368; Ga. L. 1970, p. 1040); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of the county and the enforcement of all duties and powers vested in the board of commissioners and providing for penalties and enforcement of such ordinances (Resolution Act No. 191; House Resolution No. 665-1368; Ga. L. 1970, p. 1040) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Legal No. 3658 February 6, 13, 20 Page 4469 NEWTON COUNTY BOARD OF COMMISSIONERS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS GIVEN that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of the county and the enforcement of all duties and powers vested in the board of commissioners and providing for penalties and enforcement of such ordinances (Resolution Act No. 191; House Resolution No. 665-1368; Ga. L. 1970, p. 1040); and for other purposes. This 4th day of February, 1986. DENNY M. DOBBS Newton County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: February 6, 1986. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4470 CITY OF CARROLLTON CORPORATE LIMITS; DEANNEXATION. No. 1072 (House Bill No. 1711). AN ACT To amend an Act extending the corporate limits of the City of Carrollton, approved August 18, 1908 (Ga. L. 1908, p. 527), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2714), so as to deannex and exclude certain property from the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act extending the corporate limits of the City of Carrollton, approved August 18, 1908 (Ga. L. 1908, p. 527), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2714), is amended by inserting immediately following Section 1 a new section, to be designated Section 1.1, to read as follows: Section 1.1. Notwithstanding other provisions of this Act, the charter of the City of Carrollton, or past resolutions of the city council, the following described property is deannexed and excluded from the corporate limits of the City of Carrollton: All that tract or parcel of land lying and being in Land Lot 252 of the 5th District of Carroll County, Georgia, containing 5.9 acres, more or less, and more particularly described as follows: BEGINNING at the intersection of the east line of Land Lot 252 with the northern right-of-way of Central Road, running in a westerly direction along said right-of-way 910 feet to an iron pin and the True Point of Beginning; thence running South 85 degrees 20 minutes 06 seconds West along right-of-way 241.10 feet to an iron pin; thence North 06 degrees 08 minutes 03 seconds West Page 4471 200.0 feet to an iron pin; thence South 85 degrees 52 minutes 13 seconds West, 301.37 feet to a point; thence North 01 degree 30 minutes East; 560 feet more or less to an iron pin; thence North 89 degrees 56 minutes 09 seconds East, 246.32 feet to an iron pin; thence South 03 degrees 48 minutes 28 seconds East, 314.15 feet to an iron pin; thence North 85 degrees 31 minutes 42 seconds East 244.24 feet to an iron pin; thence South 05 degrees 19 minutes 05 seconds East 105.74 feet to an iron pin; thence South 04 degrees 26 minutes 11 seconds East 320.0 feet to an iron pin and the True Point of Beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act extending the corporate limits of the City of Carrollton, approved August 18, 1908 (Ga. L. 1908, p. 527), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2714), so as to deannex and exclude certain property from the city; and for other purposes. This 21st day of January, 1986. /s/ Honorable Charles A. Thomas, Jr., Representative, 69th District. 2481-30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas, who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following date: January 30, 1986. Page 4472 /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 7th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CITY OF COLLINS MAYOR; TERMS OF OFFICE; REFERENDUM. No. 1073 (House Bill No. 1717). AN ACT To amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to remove limitations on serving successive terms of office and provide that the mayor shall serve for a term of two years and until his successor is elected and qualified; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), is amended by striking Section 2.10 and inserting in lieu thereof a new Section 2.10 to read as follows: Section 2.10. Term of Office. The mayor shall serve for a term of two years and until his successor is elected and qualified. Page 4473 Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Collins shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Collins for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1986, general primary and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Tattnall County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act removing limitations on serving successive terms of office and providing that the mayor shall serve for a term of two years and until his successor is elected and qualified be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Collins. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1986 Session of the General Assembly of Georgia, a Bill to amend Page 4474 on Act to recreate and re-incorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, P. 3792); and for other purposes. This 27th day of January, 1986. Clinton Oliver /1/30/3t/ Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following date: January 30, 1986. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 7th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4475 CITY OF DECATUR HOMESTEAD EXEMPTION FOR RESIDENTS 65 OR OVER; REFERENDUM. No. 1074 (House Bill No. 1722). AN ACT To amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), so as to provide for an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, for residents of said city who are 65 years of age or over; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), is amended by adding between Sections 2 and 3 a new Section 2A to read as follows: Section 2A. In addition to any other homestead exemption applicable to City of Decatur ad valorem taxes, including the homestead exemption provided for by Section 2 of this Act, each resident of said city who is 65 years of age or over is granted an exemption on that person's homestead from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, in the amount of $1,000.00. The additional exemption granted by this section shall be claimed, administered, and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., but the governing authority of the City of Decatur may grant the exemption authorized by this section without further application to any resident of the City of Decatur who qualifies therefor as shown on the previously existing tax records of the City of Decatur. The additional homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1986. Page 4476 Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Decatur shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The election superintendent shall conduct that election on December 3, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, for residents of said city who are 65 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, but otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Decatur. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of Page 4477 said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), so as to provide for an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, for residents of said city who are 65 years of age or over; to provide for a referendum; and for other purposes. This 29th day of January, 1986. Honorable Peggy Childs Representative, 53rd District 16-3362,2/6 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs, who, on oath, deposes and says that she is Representative from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 6, 1986. /s/ Peggy Childs Representative, 53rd District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4478 LINCOLN COUNTY TAX COMMISSIONER; COMPENSATION; EXPENSES. No. 1075 (House Bill No. 1728). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2604), as amended, so as to change the compensation of the tax commissioner; to provide for payment by the county of certain expenses of the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2604), as amended, is amended by striking subsections (a), (b), and (c) of Section 4 in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) The tax commissioner shall receive for his services as such an annual salary equal to that received by the clerk of the Superior Court of Lincoln County including any supplement authorized by law for a clerk of the superior court, payable in equal monthly installments from the funds of Lincoln County. (b) All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Lincoln County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that Page 4479 the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, and including the commissions allowed by an Act approved March 4, 1955 (Ga. L. 1955, p. 689), as amended, relating to the sale of motor vehicle license plates by local tax officials. (c) The tax commissioner shall have the authority to appoint clerical personnel to assist him in carrying out the duties of his office, with the approval of the governing authority. The compensation of such clerical personnel shall be set by the governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 Session of the General Assembly of Georgia an act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2604), as amended, so as to change the compensation of the tax commissioner; to provide for payment by the county of certain expenses of the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of February, 1986. S/S Ben B. Ross REPRESENTATIVE 82nd District 2 6 ltc Page 4480 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following date: February 6, 1986. /s/ Ben Barron Ross Representative, 82nd District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. RICHMOND COUNTY APPROPRIATIONS TO ADVERTISE AND PROMOTE THE COUNTY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1076 (House Bill No. 1736). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 141 (House Resolution No. 513-1517) enacted at the 1974 session of the General Assembly and which was duly ratified at the 1974 general election (Ga. Page 4481 L. 1974, p. 1698) and which authorizes appropriations not to exceed $75,000.00 per year to advertise and promote facilities and assets of Richmond County and encourage location and expansion of business therein and attract tourists thereto; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 141 (House Resolution No. 513-1517) enacted at the 1974 session of the General Assembly and which was duly ratified at the 1974 general election (Ga. L. 1974, p. 1698) and which authorizes appropriations not to exceed $75,000.00 per year to advertise and promote facilities and assets of Richmond County and encourage location and expansion of business therein and attract tourists thereto shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia an Act to maintain the provisions of a local constitutional amendment applying to Richmond County, Georgia, as found in Ga. Laws 1974, page 1698, so as to permit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, Georgia, Page 4482 and for the purpose of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said County; to provide for the amount that may be appropriated during any one calender year; to provide an effective date and for other purposes. This 6th day of January, 1986. Robert C. Daniel, Jr., County Attorney Richmond County, Georgia January 10, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Padgett, who, on oath, deposes and says that he is Representative from the 86th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following date: January 10, 1986. /s/ Mike Padgett Representative, 86th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. Page 4483 RICHMOND COUNTY INCINERATORS; GARBAGE AND REFUSE FACILITIES; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1077 (House Bill No. 1737). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 115 (House Resolution No. 543-1532) enacted at the 1978 session of the General Assembly and which was duly ratified at the 1978 general election (Ga. L. 1978, p. 2355) and which authorizes Richmond County to acquire and construct incinerators, garbage and refuse facilities, to fix charges for their use, to enter into leases and contracts, and to issue revenue bonds; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 115 (House Resolution No. 543-1532) enacted at the 1978 session of the General Assembly and which was duly ratified at the 1978 general election (Ga. L. 1978, p. 2355) and which authorizes Richmond County to acquire and construct incinerators, garbage and refuse facilities, to fix charges for their use, to enter into leases and contracts, and to issue revenue bonds shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4484 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia an Act to maintain the provisions of a local constitutional amendment applying to Richmond County, Georgia, as found in Ga. Laws 1978, page 2355, so as to authorize Richmond County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities, to prescribe and revise rates and to collect fees, tolls and charges for the use thereof, to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations, private corporations and private persons for the use thereof and to issue its revenue bonds or obligation to finance, in whole or in part, the cost of acquiring, construction, adding to, improving and equipping such incinerator, garage and refuse facilities. This 6th day of January, 1986. Robert C. Daniel, Jr., County Attorney Richmond County, Georgia January 10, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Padgett, who, on oath, deposes and says that he is Representative from the 86th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following date: January 10, 1986. /s/ Mike Padgett Representative, 86th District Page 4485 Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. WASHINGTON COUNTY HOMESTEAD EXEMPTION FOR PERSONS 65 OR OVER; REFERENDUM. No. 1078 (House Bill No. 1738). AN ACT To provide a $10,000.00 homestead exemption for certain property from Washington County ad valorem taxes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms, conditions, and limitations of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) `General law exemption' means that homestead exemption from state and county ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. to persons 65 years of age or over. Page 4486 (2) `Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but shall not include more than the residence and five acres of land. (3) `Net income' means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. Section 2. Each resident of Washington County who is 65 years of age or over is granted an exemption on that person's homestead from all Washington County ad valorem taxes in an amount which is the greater of $10,000.00 or the exemption amount granted by the general law exemption, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $10,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The tax commissioner of Washington County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the net income of the owner and that person's spouse who occupies and resides on the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4. Any person who has applied for and been granted for 1986 the general law exemption from Washington County ad valorem taxes shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the tax commissioner of Washington County in the event that person for any reason becomes ineligible for the exemption granted by this Page 4487 Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or municipal taxes. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Washington County ad valorem taxes levied for county, but not school, purposes. Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 8. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 9. Not less than 30 nor more than 90 days prior to the date of the August, 1986, primary, it shall be the duty of the election superintendent of Washington County to issue the call for an election for the purpose of submitting this Act to the electors of Washington County for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1986, primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Washington County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing a $10,000.00 homestead exemption for certain property from Washington County ad valorem taxes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of Page 4488 the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 8 shall become of full force and effect immediately; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Washington County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing a $10,000 Homestead Exemption for certain properties from Washington County ad valorem taxes for certain residents of that county who have certain annual incomes not exceeding $10,000 and who are 65 years of age or over and for other purposes. Representative Jimmy Lord District 107 1tc Jan. 23 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following date: January 23, 1986. /s/ Jimmy Lord Representative, 107th District Page 4489 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. WASHINGTON COUNTY HOMESTEAD EXEMPTION FROM COUNTY SCHOOL TAXES FOR PERSONS 65 OR OVER; REFERENDUM. No. 1079 (House Bill No. 1739). AN ACT To provide a $10,000.00 homestead exemption for certain property from Washington County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms, conditions, and limitations of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) General law exemption means that homestead exemption from state and county ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. to persons 65 years of age or over. Page 4490 (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but shall not include more than the residence and five acres of land. (3) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. Section 2. Each resident of the Washington County School District who is 65 years of age or over is granted an exemption on that person's homestead from all Washington County School District ad valorem taxes in an amount which is the greater of $10,000.00 or the exemption amount granted by the general law exemption, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $10,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The tax commissioner of Washington County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the net income of the owner and that person's spouse who occupies and resides on the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4. Any person who has applied for and been granted for 1986 the general law exemption from Washington County ad valorem taxes shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the tax commissioner of Washington County in the event that person for any reason becomes ineligible for the exemption granted by this Page 4491 Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes, but shall only apply to ad valorem taxes for educational purposes levied by, for, or on behalf of the Washington County School District, including but not limited to taxes to retire school bond indebtedness. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Washington County School District ad valorem taxes levied for educational purposes. Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 8. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 9. Not less than 30 nor more than 90 days prior to the date of the August, 1986, primary, it shall be the duty of the election superintendent of Washington County to issue the call for an election for the purpose of submitting this Act to the electors of the Washington County School District for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1986, primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Washington County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing a $10,000.00 homestead exemption for certain property from Washington County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over be approved? Page 4492 All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 8 shall become of full force and effect immediately; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Washington County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing a $10,000 Homestead Exemption for certain properties from Washington County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $10,000 and who are 65 years of age or over and for other purposes. Representative Jimmy Lord District 107 1tc Jan. 23 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following date: January 23, 1986. /s/ Jimmy Lord Representative, 107th District Page 4493 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CITY OF CAMILLA COUNCILMEN; VOTING DISTRICTS; ELECTIONS. No. 1080 (House Bill No. 1764). AN ACT To amend an Act creating a new charter for the City of Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3008), an Act approved April 6, 1981 (Ga. L. 1981, p. 3726), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3758), so as to provide for two voting districts, with three councilmen to be elected from each district; to provide qualifications; to provide for elections by the voters from such districts; to change the date of the general city election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3008), an Act approved April 6, 1981 (Ga. L. 1981, p. 3726), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3758), is amended by striking in its entirety Section 2-1 and inserting in its place a new Section 2-1 to read as follows: Page 4494 Section 2-1. Establishment of city government. (a) The governing authority of the City of Camilla, Georgia, shall consist of a mayor and six councilmen. The mayor shall be elected from the city at large. Councilmen shall be elected on the basis of two voting districts, a northern district designated as District 1 and a southern district designated as District 2. The dividing line between the two districts shall be the center line of city streets running east and west as follows: Sylvester Road running westerly from the east city limits to U. S. Highway 19 where Sylvester Road becomes Oakland Avenue and continuing westerly along Oakland Avenue to West Broad Street and continuing westerly along West Broad Street to Baggs Ferry Road intersection and continuing westerly along Baggs Ferry Road to the western city limits. (b) Each voting district shall constitute a separate voting precinct and there shall be at least one polling place in each such district, the location of which shall be determined by city ordinance as provided by law. Section 2. Said Act is further amended by striking in its entirety Section 2-2 and inserting in its place a new Section 2-2 to read as follows: Section 2-2. Qualifications for mayor and councilmen. (a) To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least 21 years of age, must meet the requirements of a qualified voter of said city as prescribed by state law, and must have been a bona fide resident of the City of Camilla for at least one year in the case of a councilman and two years in the case of mayor next preceding the election in which he offers as a candidate. (b) Councilmen elected from each voting district shall be required to reside within the district and each councilman shall be nominated or elected in any election, whether it be primary, run-off, special, or general, solely by the voters of his district. (c) No person who has been convicted of a felony or of a misdemeanor involving moral turpitude shall be eligible to hold the office of mayor or councilman unless such person has received a full pardon and has all rights of citizenship restored. Page 4495 Section 3. Said Act is further amended by striking in its entirety Section 2-3 and inserting in its place a new Section 2-3 to read as follows: Section 2-3. Election of mayor and councilmen. (a) Three councilmen shall be elected from District 1, and three councilmen shall be elected from District 2. The three council positions in each district shall be designated as Council Post No. 1, Council Post No. 2, and Council Post No. 3. All future elections of the mayor and councilmen shall be for three-year terms and shall be staggered so that there will be one council post in each district up for election each year, with the mayor to be elected every three years. (b) The two district voting plan which was mandated by order of the United States District Court for the Middle District of Georgia on February 4, 1985, has been implemented in accordance with said order after approval by the United States Department of Justice. Implementation has been achieved by allocation of three council posts to each district, by extension of one term, and by special election for two other terms. The result of such implementation is that the term of the mayor and the terms of Council Post No. 1 in each district have expired as of the second Monday in January, 1986; the terms of Council Post No. 2 in each district will expire on the second Monday in January, 1987; and the terms of Council Post No. 3 in each district will expire on the second Monday in January, 1988. An election was held in November, 1985, for the mayor and councilmen whose terms expired in January, 1986, and an election shall be held on the third Tuesday in November, 1986, and on such day of each year thereafter for successors to the officers whose terms expire in January next following such elections. (c) Those persons in office on the effective date of this Act shall be considered duly elected and shall continue to serve until their successors are duly elected and qualified as provided by law. Section 4. Said Act is further amended by striking in its entirety Section 2-7 and inserting in its place a new Section 2-7 to read as follows: Section 2-7. Vacancy in office of mayor and councilman. A vacancy shall exist if the mayor or councilman resigns, Page 4496 dies, moves his residence from the city or, in the case of a councilman, moves his residence from the district from which he was elected, or for any other reason is no longer eligible to hold his office, or abandons his office, except if granted a leave of absence by the mayor and council and such leave of absence is entered on the minutes; if he is adjudged incompetent; or if he is convicted of malfeasance in office, a felony, or a misdemeanor involving moral turpitude. Section 5. Said Act is further amended by striking in its entirety Section 5-1 and inserting in its place a new Section 5-1 to read as follows: Section 5-1. Time for holding elections. The regular general election for the City of Camilla shall be held on the third Tuesday in November of each year. Section 6. All laws and parts of laws in conflict with this Act are repealed. Public Notice Notice is hereby given that the Mayor and Council of the City of Camilla have requested Representative Richard Royal to introduce legislation in the 1985 Session of the General Assembly of Georgia to amend the Charter of the City of Camilla to provide for two voting districts, with three councilmen to be elected from each district, solely by the voters of their respective districts, to repeal conflicting laws and for other purposes. Dated this 22nd day of January, 1986. A.A. McNeill, Jr. Mayor, City of Camilla GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 24, 1986. Page 4497 /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 31st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. UPSON COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1081 (House Bill No. 1766). AN ACT To provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of Upson County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The homestead, but not to exceed $10,000.00 Page 4498 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Upson County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1986. Section 2. (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to: (1) The homestead exemption granted by Code Section 48-5-52 of the O.C.G.A., relating to exemption from ad valorem Page 4499 taxation for educational purposes of homesteads of qualified individuals 62 years of age or older; and (2) The homestead exemption granted by an amendment to the Constitution found in Ga. L. 1979, p. 1854, and ratified at the 1980 general election. (b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3. Not less than 30 nor more than 60 days before the date of the November, 1986, general election, it shall be the duty of the election superintendent of Upson County to issue the call for an election for the purpose of submitting this Act to the electors of Upson County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Upson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast Page 4500 on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Upson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that the homestead, but not to exceed $10,000 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for a referendum; and for other purposes. This 5th day of Feb., 1986. Marvin Adams Representative, 79th District 2/3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 3, 1986. /s/ Marvin Adams Representative, 79th District Page 4501 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. COBB COUNTY FIRE PROTECTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1082 (House Bill No. 1768). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish fire protection districts and to levy taxes for such purposes upon approval by the voters (Res. Act No. 357; Ga. L. 1937-38, Ex. Sess., p. 20; as amended by Res. Act No. 89; S.R. 82; Ga. L. 1952, p. 516); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the governing authority of Cobb County to establish fire protection districts and to levy taxes for such purposes upon approval by the voters (Res. Act No. 357; Ga. L. 1937-38, Ex. Sess., p. 20; as amended by Res. Act No. 89; S.R. 82; Ga. L. 1952, p. 516) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 4502 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-565 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish fire protection districts and to levy taxes for such purposes upon approval by the voters (Res. Act. No. 357; Ga. L. 1937-38, Ex. Sess., p. 20; as amended by Res. Act No. 89; S.R. 82; Ga. L. 1952, p. 516); to provide the authority for this Act; and for other purposes. This 5th day of Feb., 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Page 4503 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1083 (House Bill No. 1771). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to create the Downtown Marietta Development Authority (Res. Act No. 213; H.R. 825-1678; Ga. L. 1970, p. 1109); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to create the Downtown Marietta Development Authority (Res. Act No. 213; H.R. 825-1678; Ga. L. 1970, p. 1109) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia Page 4504 which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-548 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to create the Downtown Marietta Development Authority (Res. Act No. 213; H.R. 825-1678; Ga. L. 1970, p. 1109); to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4505 COBB COUNTY CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1084 (House Bill No. 1773). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to create a Cobb County civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County (Res. Act No. 52; H.R. 118-295; Ga. L. 1963, p. 685); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to create a Cobb County civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County (Res. Act No. 52; H.R. 118-295; Ga. L. 1963, p. 685) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-567 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4506 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to create a Cobb County civil service system for any or all persons, other that elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County (Res. Act No. 52; H.R. 118-295; Ga. L. 1963, p. 685); to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4507 COBB COUNTY OFFICE OF COUNTY MEDICAL EXAMINER; CREATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1085 (House Bill No. 1774). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical examiner (Res. Act No. 216; S.R. 200; Ga. L. 1964, p. 1070); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical examiner (Res. Act No. 216; S.R. 200; Ga. L. 1964, p. 1070) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-569 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which abolishes Page 4508 the office of coroner in Cobb County and establishes in lieu thereof the office of county medical examiner (Res. Act No. 216; S.R. 200; Ga. L. 1964, p. 1070); to provide the authority for this Act; and for other purposes. This 5th day of Feb., 1986. Fred Aiken Honorable Fred Aiken GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4509 COBB COUNTY SEWERAGE SYSTEM; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1086 (House Bill No. 1775). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish and operate a sewerage system and to issue general obligation bonds for such purpose (Res. Act No. 32; H.R. 266-803; Ga. L. 1967, p. 932); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the governing authority of Cobb County to establish and operate a sewerage system and to issue general obligation bonds for such purpose (Res. Act No. 32; H.R. 266-803; Ga. L. 1967, p. 932) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-564 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Page 4510 governing authority of Cobb County to establish and operate a sewerage system and to issue general obligation bonds for this purpose (Res. Act No. 32; H.R. 256-803; Ga. L. 1967, p. 832); to provide the authority for this Act; and for other purposes. This 5th day of Feb., 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4511 COBB COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1087 (House Bill No. 1776). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an elected board of education of Cobb County and for the appointment of the Cobb County school superintendent by the board (Res. Act No. 188; H.R. 621-1176; Ga. L. 1962, p. 971; as amended by Res. Act No. 118; H.R. 629-1373; Ga. L. 1968, p. 1529); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing for an elected board of education of Cobb County and for the appointment of the Cobb County school superintendent by the board (Res. Act No. 188; H.R. 621-1176; Ga. L. 1962, p. 971; as amended by Res. Act No. 118; H.R. 629-1373; Ga. L. 1968, p. 1529) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-566 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 4512 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an elected board of education of Cobb County and for the appointment of the Cobb County school superintendent by the board (Res. Act. No. 188; H.R. 621-1176; Ga. L. 1962, p. 971; as amended by Res. Act No. 118; H.R. 629-1373; Ga. L. 1968, p. 1529) to provide the authority for this Act; and for other purposes. This 5th day of Feb., 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4513 POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1088 (House Bill No. 1777). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act No. 161; S.R. 318; Ga. L. 1980, p. 2035); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act No. 161; S.R. 318; Ga. L. 1980, p. 2035) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-567 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act Page 4514 No. 161, S.R. 318, Ga. L. 1980 p. 2035), to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4515 COLUMBUS, GEORGIA MAYOR AND COUNCILOR; VACANCIES. No. 1089 (House Bill No. 1787). AN ACT To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by striking Section 6-201 and inserting in its place a new Section 6-201 to read as follows: Section 6-201. Special Elections. In the event the office of Mayor or Councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of Mayor or Councilor, then the Board of Elections shall within ten (10) days after the occurrence of such vacancy call a special election to fill the balance of the unempired term of such office by giving notice in one or more newspapers of general circulation in Columbus, Georgia. If a vacancy occurs more than one and one-half years after the date of a regular election for the office of Mayor or Councilor, then a person shall be appointed by a majority vote of the total membership of the Council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of Mayor or Councilor. The successor elected at such special election shall serve the remainder of the unexpired term of such Page 4516 office. The special election required herein shall be held on the date specified in the advertisement, but not less than thirty (30) days nor more than forty-five (45) days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in Section 6-200 of this Charter. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing a Charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor by striking the present Section 6-201 of said charter and inserting a new Section 6-201; to repeal conflicting laws; and for other purposes. Honorable Roy D. Moultrie Representative, 93rd District Pub.Jan.7, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy D. Moultrie, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 7, 1986. /s/ Roy D. Moultrie Representative, 93rd District Page 4517 Sworn to and subscribed before me, this 12th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. HARRIS COUNTY BOARD OF EDUCATION; EDUCATION DISTRICTS. No. 1090 (House Bill No. 1788). AN ACT To amend an Act providing for the Board of Education of Harris County, approved January 31, 1984 (Ga. L. 1984, p. 3523), as amended, particularly by an Act approved February 21, 1984 (Ga. L. 1984, p. 3608), so as to change provisions for the composition of education districts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the Board of Education of Harris County, approved January 31, 1984 (Ga. L. 1984, p. 3523), as amended, particularly by an Act approved February 21, 1984 (Ga. L. 1984, p. 3608), is amended by striking in its entirety Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The Board of Education of the Harris County School District shall consist of seven members, and the Harris County School District shall be composed of seven Page 4518 education districts as described in subsection (b) of this section. (b) For the purpose of selecting members of the board of education, the Harris County School District shall be divided into education districts described as follows: Education District No. 1 Harris Tract 9901 That part of Block 129 outside the City of Shiloh which lies south of the top of Oak Mountain, east of the Southern Railroad, and west of Georgia Highway 85 Block 130 Blocks 143 and 147 through 150 Blocks 201 through 203 That part of Block 204 within the City of Waverly Hall Blocks 206 through 219 Block Group 5 Tract 9902 That part of Block 201 south of Mountain Creek and Mountain Creek Lake Blocks 240 through 247 Tract 9903 That part of Block 102 outside the city limits of Hamilton as established in an Act approved March 10, 1964 (Ga. L. 1964, p. 2601) Blocks 103 and 104 That part of Block 105 outside the City of Hamilton Blocks 114 through 119 Those parts of Blocks 120 and 121 outside the City of Hamilton Blocks 122, 126 through 133, and 150 Blocks 201 through 205, 207 through 209, and 230 Those parts of Blocks 428 and 430 outside the City of Hamilton Block 431 Page 4519 Education District No. 2 Harris Tract 9902 Blocks 101 through 126, 131 through 148, and 155 That part of Block 156 inside and outside the city of Hamilton That part of Block 201 north of Mountain Creek and Mountain Creek Lake Blocks 202 through 214 and 229 through 239 Block Group 3 Tract 9903 Blocks 106 through 108 Education District No. 3 Harris Tract 9902 Blocks 127 through 130 and 149 through 154 That part of Block 156 inside the City of West Point Blocks 215 through 228 and 248 through 252 Block Group 4 Tract 9903 Blocks 109 through 113, 134 through 149, and 151 Blocks 212 through 228 and 247 through 250 Blocks 301 and 302 Education District No. 4 Harris Tract 9901 Blocks 101 through 104 and 106 through 128 That part of Block 129 inside the City of Shiloh Page 4520 That part of Block 129 outside the City of Shiloh which lies north of the top of Oak Mountain, east of Southern Railroad, and west of Georgia Highway 85 Blocks 131 through 142 and 144 through 146 That part of Block 204 outside the City of Waverly Hall Blocks 205 and 220 through 222 Block Groups 3 and 4 Tract 9903 Block 101 That part of Block 102 inside the city limits of Hamilton as established in an Act approved March 10, 1964 (Ga. L. 1964, p. 2601) Those parts of Blocks 105, 120, and 121 inside the City of Hamilton Blocks 123 through 125 Blocks 401 through 427 Those parts of Blocks 428 and 430 inside the City of Hamilton Blocks 432 through 435 Education District No. 5 Harris Tract 9903 Blocks 206, 210, 211, 229, and 231 through 246 Blocks 303 through 320 Education District No. 6 The entirety of Harris County Education District No. 7 The entirety of Harris County Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 4521 PUBLISHER'S AFFIDAVIT GEORGIA, TROUP COUNTY. Before me personally appeared BOB TRIBBLE, who being duly sworn, deposes and says that he is the Publisher of the Harris County Journal, and that the same is the public gazette in which is published the Sheriff's sales of Harris County, Georgia. Deponent further says that the following Notice of Intention to Introduce Local Legislation attached hereto HCJ-26 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA COUNTY OF HARRIS Notice is given that there will be introduced at theregular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for the Board of Education of Harris County, approved January 31, 1984 (Ga. L. 1984, p. 3523), as amended, particularly by an Act approved February 21, 1984, (Ga. L. 1984, p. 3608), so as to change provisions for the composition of education districts; and for other purposes. This 31st day of January, 1986. Honorable Roy D. Moultrie Representative, 93rd District (2:6,13,20,27) was published in said Harris County Journal, on February 6, 1986, and all costs for publication thereof have been paid. /s/ Bob Tribble, Publisher, Harris County Journal Sworn and subscribed before me, this 11th day of February, 1986. /s/ Mike Hale Notary Public. (SEAL). Approved March 25, 1986. Page 4522 CITY OF SAVANNAH CORPORATE LIMITS; TAXES. No. 1091 (House Bill No. 1792). AN ACT To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change the corporate limits of the City of Savannah; to provide for certain taxes and charges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That from and after the passage of this Act, the city limits of the City of Savannah, known as the Mayor and Aldermen of the City of Savannah, in addition to all the territory, land, and improvements now included in the corporate limits of the City of Savannah shall be extended to include all of the territory, land, and improvements located within the following described boundaries, to-wit: PROPERTY DESCRIPTION Beginning at the intersection of the present City Limits at Ogeechee Road and Lynes Parkway and running thence in a southerly direction along the northerly side of Ogeechee Road to a point where the westerly boundary of Tract B of the City Landfill Tract intersects said Ogeechee Road, thence along the western boundary of said Landfill Tract shown as Tract B and Parcel A on a plat by Thomas Hutton Engineers recorded in Plat Record Book X, Page 215 Chatham County, Georgia Records, N 17 13[prime] 40[Prime] W 1,000 feet to a point, thence N 16[prime] 29[prime] 20[Prime] W 325 feet to a point, thence N 72 46[prime] 20[Prime] E 158.55 feet to a point, thence S 16 33[prime] 29[Prime] W 2,958.90 feet to a concrete monument, thence N 73 06[prime] 34[Prime] E 818.21 feet to a concrete monument, thence N 16 53[prime] 26[Prime] E 2,781 feet to a concrete monument located on the dividing line of property of Chatham County, thence S 73 1[prime] 34[Prime] E 1,318.34 feet to a concrete monument, thence N 14 54[prime] 26[Prime] E a distance of 1,555.74 feet to a point, thence Page 4523 in a northerly direction to the south right-of-way of Interstate Highway 16, thence in a westerly direction along the southerly right-of-way of said Interstate Highway 16 to its intersection with the west right-of-way of Dean Forest Road, thence in a northerly direction along the west right-of-way of said Dean Forest Road to the north right-of-way line of the Savannah and Ogeechee Canal being the present City Limits, thence in an easterly direction crossing said Dean Forest Road along said City Limits Line to the easterly right-of-way of said Dean Forest Road, thence in a southerly direction along said easterly right-of-way of said Dean Forest Road to its intersection with said Interstate Highway 16, thence in an easterly direction along the northerly right-of-way of Interstate Highway 16 to its intersection with the right-of-way of the Seaboard Coastline Railroad, thence northwardly along the westerly right-of-way of said Railroad as it crosses Tremont Road to its intersection with the Savannah and Ogeechee Canal, the present City Limits, all as shown on a map prepared by the City Engineer and on file in the Office of the Clerk of Council of the City of Savannah. Section 2. The corporate limits of the City of Savannah shall not include the property described as that part of the Savannah and Ogeechee Canal right of way bounded on the east by the right of way of the Seaboard Coastline Railroad and on the west by the Dean Forest Road as shown on said map on file in the office of the clerk of council of the city, which shall be deannexed and removed from the corporate limits of the City of Savannah upon such approval. Section 3. No person or business doing business in the area annexed to the City of Savannah by this Act shall be required to pay a city business or occupation tax during the calendar year 1986, provided such license or tax has been paid to Chatham County. Section 4. No taxes shall be levied on real or personal property in the area annexed to the City of Savannah by this Act until January 1, 1987; however, until such time as such taxes are levied, the charges for water and sewer services in said annexed area shall be the same as charges for such services in areas outside the corporate limits of said city. Page 4524 Section 5. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: 86-058-0115-220 NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION NOTICE IS HEREBY GIVEN that there will be introduced in the 1986 regular session of the General Assembly of Georgia, a bill to amend the Charter of The Mayor and Alderman of the City of Savannah so as to change the corporate limits of said City and for other purposes. TOM O. TRIPLETT House District 128 Jan. 25N appeared in each of said editions. /s/ Gene Stewart (Deponent) Page 4525 Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 25, 1986. PUTNAM COUNTY BOARD OF EDUCATION; COMPENSATION AND PER DIEM. No. 1092 (House Bill No. 1796). AN ACT To amend an Act changing the method of electing members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), so as to provide for the compensation and per diem of such members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the method of electing members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), is amended by adding immediately following Section 2 thereof a new section to read as follows: Section 2.1. Each member of the Board of Education of Putnam County shall receive as compensation for the performance of that person's duties as such member $150.00 Page 4526 per month and shall receive in addition thereto $50.00 per diem for each meeting, other than regular or called meetings of the board, which that member attends and for which meeting that member has received prior approval by the board to attend. Funds for the compensation and per diem authorized by this section shall come from funds available to the Putnam County Board of Education. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to change the compensation and provide for the per diem of the Putnam County Board of Education; and for other purposes. This 23 day of January, 1986. Honorable Jesse Copelan, Jr. Representative, 106th District 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Copelan, who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following date: January 30, 1986. /s/ Jesse Copelan Representative, 106th District Page 4527 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. TELFAIR COUNTY COUNTY OFFICERS; INELIGIBILITY TO HOLD OFFICE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1093 (House Bill No. 1815). AN ACT To continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions (Res. Act No. 76; H.R. 102-230; Ga. L. 1963, p. 705); to provide for a referendum; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions (Res. Act No. 76; H.R. 102-230; Ga. L. 1963, p. 705) shall not be repealed or deleted on July 1, 1987, as part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as part of the Constitution of the State of Georgia. Page 4528 Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Telfair County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Telfair County for approval or rejection. The election superintendent shall conduct that election on the same day as the 1986 general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Telfair County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which continues in force and effect as part of the Constitution of the State of Georgia that constitutional amendment providing that the county officers of Telfair County shall be ineligible to succeed themselves after serving two successive terms? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Telfair County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 4. All laws and parts of laws in conflict with this Act are repealed. Page 4529 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 76 of the 1963 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1963, p. 705) and which relates to ineligibility of county officers of Telfair County to succeed themselves or hold other elective county office after having served two successive terms in office; to provide for a special election at which the voters of Telfair County shall approve or disapprove the effectiveness of the foregoing; to provide for all related matters; and for other purposes. This 31st day of January, 1986. Paul S. Branch, Jr. Terry Coleman Walter Ray 2-5 only STATE OF GEORGIA COUNTY OF Telfair AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, Mark A. Joiner, who, having been duly sworn, deposes and says on oath that he is publisher of The Telfair Times, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Telfair Times, a local newspaper of general circulation in Telfair County, Georgia, on February 5th, 1986. This 5th day of February, 1986. /s/ Mark A. Joiner PUBLISHER Page 4530 Sworn to and subscribed before me this 5th day of February, 1986. /s/ Dawn Joy Notary Public, Georgia State at Large. My Commission Expires June 27, 1988. (SEAL). Approved March 25, 1986. CITY OF ROME SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1094 (House Bill No. 1820). AN ACT To provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal a certain prior homestead exemption; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the independent school district of the City of Rome, including but not limited to taxes to retire school bond indebtedness. Page 4531 (2) General law exemption means that homestead exemption from independent school district ad valorem taxes granted by Code Section 48-5-52 of the O.C.G.A. to persons 62 years of age or over. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40. (4) Income means gross income from all sources. Section 2. Each resident of the independent school district of the City of Rome who is 62 years of age or over is granted an exemption on that person's homestead from all ad valorem taxes for educational purposes in an amount which is the greater of $10,000.00 or the exemption amount granted by the general law exemption, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed for the immediately preceding year an amount which is the greater of $10,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The governing authority of the City of Rome or its designee shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the income of the owner and all members of the family residing within the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4. Any person who has applied for and been granted for 1986 the general law exemption or a similar homestead exemption from ad valorem taxes for educational purposes (Ga. L. 1979, p. 1825), shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the governing authority of the City of Rome or its designee in the event that person for any reason becomes ineligible for the exemption granted by this Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, municipal taxes other than ad valorem taxes for educational purposes, or county taxes for county purposes. Page 4532 Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from ad valorem taxes for educational purposes. Section 7. That amendment to the Constitution which provides a homestead exemption from ad valorem taxes for educational purposes to persons 62 years of age or over (Ga. L. 1979, p. 1825) is repealed when the exemption granted by this Act becomes effective. Section 8. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 9. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 10. Not less than 30 nor more than 90 days prior to the date of the August 1986, primary, it shall be the duty of the election superintendent of the City of Rome to issue the call for an election for the purpose of submitting this Act to the electors of the independent school district of the City of Rome for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1986, primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing a $10,000.00 homestead exemption from ad valorem taxes of the independent school district of the City of Rome for residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through Page 4533 9 shall become of full force and effect immediately; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by the City of Rome. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are repealed. 583 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the independent school district of the City of Rome for residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 18th day of Jan., 1986. Honorable E.M. Childers Representative, 15th District Forrest McKelvey Paul E. Smith Ed Hine January 23, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E.M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: January 23, 1986. /s/ E.M. Childers Representative, 15th District Page 4534 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1095 (House Bill No. 1822). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dodge County-Eastman Development Authority (Res. Act No. 226; H.R. 543-1183; Ga. L. 1968, p. 1693); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Dodge County-Eastman Development Authority (Res. Act No. 226; H.R. 543-1183; Ga. L. 1968, p. 1693) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4535 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a Bill to provide for continuation in force and effect, as part of the Constitution ratified in the General Election in 1982, that Constitutional Amendment (Ga. L. 1968, P. 1693) creating the Dodge County-Eastman Development Authority; to repeal conflicting laws; and for other purposes. This January 20th, 1986. TERRY L. COLEMAN REPRESENTATIVE 118TH DISTRICT (1-23-1tc) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Journal which is the official organ of Dodge County, on the following date: January 23, 1986. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4536 DODGE COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1096 (House Bill No. 1823). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the board of education of Dodge County and for the creation of education districts in connection therewith (Res. Act No. 172; S.R. 377; Ga. L. 1976, p. 1776); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing for the election of members of the board of education of Dodge County and for the creation of education districts in connection therewith (Res. Act No. 172; S.R. 377; Ga. L. 1976, p. 1776) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to continue in force and effect as a part of the Constitution of the Page 4537 State of Georgia that Constitutional Amendment which was proposed by No. 56 (No. 172, Senate Resolution No. 377), of the 1976 General Assembly, (Ga. L. 1976, 1776) and which was ratified at the 1976 General Election, and which provides for the election of members of the Board of Education of Dodge County by qualified voters of said County, to provide for education districts in connection therewith; and for other purposes. This January 20th, 1986. TERRY L. COLEMAN REPRESENTATIVE 118TH DISTRICT (1-23-1tc) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Journal Spotlight which is the official organ of Dodge County, on the following date: January 23, 1986. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4538 CITY OF EASTMAN CORPORATE LIMITS. No. 1097 (House Bill No. 1824). AN ACT To amend an Act providing a new charter for the City of Eastman, approved April 11, 1979 (Ga. L. 1979, p. 4593), so as to extend and increase the corporate limits of the City of Eastman; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Eastman, approved April 11, 1979 (Ga. L. 1979, p. 4593), is amended by adding at the end of Section 3, defining the corporate boundaries of the City of Eastman, a new paragraph to read as follows: ALSO, all that part of Lot of Land No. 293 in the 16th Land District of Dodge County, Georgia, containing 7.37 acres, more or less, as shown on the plat of a survey recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 20, Page 179, and including the right-of-way of S.R. #46 from the city limit line in an easterly direction a distance of 1,089.4 feet as measured on the north right-of-way line of said highway, the property annexed being bounded on the south by the south right-of-way line of S.R. #46; on the east by lands of G. S. Walker, III, and Stuckey Timberland; on the west by lands of J. Willard Smith and G. S. Walker, III, and the aforesaid right-of-way of S.R. #46 from the existing city limit line. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to amend an Act creating a new Charter for the City of Eastman and for other purposes, approved April 11th, 1979 (Ga. L. 1979, Page 4539 PP. 4593) so as to annex to the corporate limits of the City of Eastman the following real estate to-wit: That certain tract of land containing 7.37 acres, more or less, off a Lot of Land No. 293 in the 16th Land District of Dodge County, Georgia as shown on the plat of a survey recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 20, Page 179, including the right-of-way of State Route No. 46, the said tract being bounded on the south by the south right-of-way line of State Route 46; on the east by lands of G. S. Walker, III and Stuckey Timberland; on the west by lands of J. Willard Smith and G. S. Walker, III, which said description includes the right-of-way of S. R. No. 46 a distance along the north right-of-way line of 1,089.4 feet in an easterly direction from the existing City Limit line. This January 20th, 1986. TERRY L. COLEMAN REPRESENTATIVE 118TH DISTRICT (1-23-1tc) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Journal Spotlight which is the official organ of Dodge County, on the following date: January 23, 1986. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4540 STATE COURT OF CHATTOOGA COUNTY JUDGE; PRACTICE OF LAW; OFFICE FACILITIES; QUALIFICATIONS OF SOLICITOR. No. 1098 (House Bill No. 1826). AN ACT To amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, so as to provide that the judge of the State Court of Chattooga County shall be a part-time judge and may engage in the practice of law; to provide for office facilities; to change the qualifications for the office of solicitor of the State Court of Chattooga County; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, is amended by striking subsection (d) of Section 12 which reads as follows: (d) During the term for which he is elected, the judge shall not engage in the active practice of law except as is required by his duties as judge., and inserting in its place two new subsections (d) and (e) of Section 12 to read as follows: (d) The judge shall be a part-time judge and may engage in the private practice of law as permitted by general law for part-time judges of state courts. (e) The governing authority of Chattooga County shall provide the judge with an appropriate office and office facilities in the county courthouse. Section 2. Said Act is further amended by striking subsection (c) of Section 13, which reads as follows: Page 4541 (c) The solicitor shall have been a resident of Chattooga County for one year next preceding his election and shall as of such date be at least 25 years of age and have been admitted to the practice of law for three years., and inserting in its place a new subsection (c) of Section 13 to read as follows: (c) The qualifications for the office of solicitor shall be as provided by general law. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570); as amended; and for other purposes. This 9th day of January, 1986. John G. Crawford 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: January 9, 1986. /s/ John G. Crawford Representative, 5th District Page 4542 Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. BARROW COUNTY BOARD OF COMMISSIONERS; RECORDS; BIDS; PURCHASES; SESSIONS. No. 1099 (House Bill No. 1844). AN ACT To amend an Act establishing the board of commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, so as to change certain provisions relating to the location of certain records of the board; to change certain provisions relating to the request for bids on certain purchases; to change certain provisions relating to the place for holding certain sessions of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the board of commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, is amended by striking subsection (b) of Section 11 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Board shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the Board, which records shall be opened for the inspection of the public at all times during office hours and when the Board is not in session he shall perform such other Page 4543 duties and keep such records as required by law or may be required of him by the Board, and for his services he shall receive an amount of compensation to be determined by the Board, payable monthly, and with the further provision that the clerk shall not be a member of the Board and shall give his entire time to the work of his office. Section 2. Said Act is further amended by striking Section 12 and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The Board shall be the purchasing agent of Barrow County and shall purchase any and all things for the use of the county. Requests for supplies must be submitted to the Board in duplicate and purchased by the Board, except for such limit as may be given any county official by the Board. For all purchases of $1,000.00 or more, the Board shall request bids and such bids may be requested by either one or more of the following methods: (1) the publication of the request for bids one time in a newspaper of general circulation in Barrow County; (2) the posting on the Barrow County courthouse door for a period of three days the request for such bids; (3) the notification of the request for such bids by mail of two known eligible bidders within Barrow County and/or such bidders outside Barrow County as the Board shall deem expedient. Section 3. Said Act is further amended by striking Section 13 and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The Board shall hold at least one session on the second Tuesday in each month at the county site, where the clerk of the Board shall keep office. At the request of a majority of the Board, the chairman may at any time call an extra session. The commissioners shall have the right to adjourn from day to day until they finish their business. A quorum shall consist of three members of the Board. An affirmative vote of a majority of the quorum present at any meeting of the Board shall be necessary to pass any order or any subject matter; provided, that if the chairman shall nay on any order or any subject matter, it shall take an affirmative vote of three members to pass the said order or matter. The chairman may vote on all measures before the Board. Page 4544 Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act recreating and establishing a board of commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended; and for other purposes. This 24th day of December, 1985. /s/ Richard B. Russell III Richard B. Russell, III County Attorney Barrow County, Georgia 1-01-1tc GEORGIA BARROW COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Russell, who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following date: January 1, 1986. /s/ John D. Russell Representative, 64th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL). Approved March 25, 1986. Page 4545 QUITMAN COUNTY CLERK OF THE SUPERIOR COURT PLACED ON AN ANNUAL SALARY. No. 1100 (House Bill No. 1848). AN ACT To fix the compensation of the clerk of the Superior Court of Quitman County; to provide for clerical help and their compensation; to provide that all fees, commissions, and other compensation of the clerk of the Superior Court of Quitman County shall be paid to the treasurer of Quitman County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by the law, to be received or collected as compensation for service by the clerk of the Superior Court of Quitman County, shall be received and diligently collected by him for the sole use of Quitman County, and shall be held as public moneys belonging to Quitman County and accounted for and paid over to the county treasurer by the tenth day of each month, for the immediately preceding month, at which time a detailed itemized statement shall be made by the clerk of the superior court under oath showing such collections and the sources from which collected, and the treasurer of Quitman County shall keep a separate account showing such collections and the sources from which they are paid. Section 2. The clerk of the Superior Court of Quitman County shall receive a salary in the minimum amount specified by the general laws of this state, payable in equal monthly installments from county funds. Section 3. The governing authority of Quitman County may, but shall not be required to, authorize the clerk of superior court to employ deputies and other employees. The salaries of the above employees shall be payable in equal monthly installments out of county funds. Page 4546 Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to fix the compensation of the clerk of the Superior Court of Quitman County; to provide for clerical help and their compensation of the clerk of the Superior Court of Quitman County shall be paid to the treasurer of Quitman County, Georgia; and for other purposes. This 10 day of February, 1986. /s/ Gerald Greene GERALD GREENE 2/13 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Quitman County, on the following date: February 13, 1986. /s/ Gerald E. Greene Representative, 130th District Page 4547 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. GWINNETT COUNTY GARBAGE DISPOSAL; LANDFILLS; SANITATION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1101 (House Bill No. 1861). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 209 (House Resolution No. 684-1585) of the 1972 General Assembly (Ga. L. 1972, p. 1435) and which was duly ratified at the 1972 general election and which relates to authorizing the board of commissioners of Gwinnett County to provide systems of garbage disposal, acquire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed Page 4548 by Resolution Act No. 209 (House Resolution No. 684-1585) of the 1972 General Assembly (Ga. L. 1972, p. 1435) and which was duly ratified at the 1972 general election and which relates to authorizing the board of commissioners of Gwinnett County to provide systems of garbage disposal, acquire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 209 (House Resolution No. 684-1585) of the 1972 General Assembly (Ga. L. 1972, p. 1435) and which was duly ratified at the 1972 general election and which relates to authorizing the board of commissioners of Gwinnett County to provide systems of garbage disposal, acquire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith; to provide the authority for this Act; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5290 Page 4549 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. GWINNETT COUNTY INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1102 (House Bill No. 1862). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 179 (House Resolution No. 607-1151) of the 1962 General Assembly (Ga. L. 1962, p. 927) and which was duly ratified at the 1962 general election and Page 4550 which relates to the creation of the Gwinnett County Industrial Building Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 179 (House Resolution No. 607-1151) of the 1962 General Assembly (Ga. L. 1962, p. 927) and which was duly ratified at the 1962 general election and which relates to the creation of the Gwinnett County Industrial Building Authority and provisions for its powers, authority, funds, purposes, and procedures shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 179 (House Resolution No. 607-1151) of the 1962 General Assembly (Ga. L. 1962, p. 927) and which was duly ratified at the 1962 general election and which relates to the creation of the Gwinnett County Industrial Building Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; and for other purposes. Page 4551 This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5284 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4552 GWINNETT COUNTY BOARD OF EDUCATION; CHAIRMAN; TERM. No. 1103 (House Bill No. 1865). AN ACT To amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, so as to provide a term of one year for a member to serve as chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, is amended by inserting immediately following Section 2 a new section, to be designated Section 2.1, to read as follows: Section 2.1. (a) Pursuant to Code Section 20-2-57 of the O.C.G.A., the chairman of the Board of Education of Gwinnett County shall be selected by the membership of the board from their number for a term of one year. The selection shall take place at the first January meeting of the board. The chairman shall assume office at the first meeting in January. A vacancy in the office of chairman shall be filled for the remainder of an annual term by selection of the membership. (b) The chairman in office on December 31, 1986, shall serve the remainder of the term as chairman for which he was selected, unless such person earlier resigns the chairmanship. In the event of an early resignation by such person, the vacancy shall be filled under subsection (a) of this section. Section 2. This Act shall become effective on January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4553 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, so as to provide a term of one year for a member to serve as chairman; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5293 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4554 GWINNETT COUNTY FIRE PROTECTION DISTRICTS; SEWERAGE DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1104 (House Bill No. 1867). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 59 (House Resolution No. 242-504) of the 1966 General Assembly (Ga. L. 1966, p. 856) and which was duly ratified at the 1966 general election and which relates to authorizing the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 59 (House Resolution No. 242-504) of the 1966 General Assembly (Ga. L. 1966, p. 856) and which was duly ratified at the 1966 general election and which relates to authorizing the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 4555 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 59 (House Resolution No. 242-504) of the 1966 General Assembly (Ga. L. 1966, p. 856) and which was duly ratified at the 1966 general election and which relates to authorizing the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county; to provide the authority for this act; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5291 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4556 CHATTOOGA COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1105 (House Bill No. 1871). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 44 of the 1966 General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1966, p. 804) and which relates to the Chattooga County Development Authority and its powers and operations; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 44 of the 1966 General Assembly and which was duly ratified at the 1966 general election (Ga. L. 1966, p. 804) and which relates to the Chattooga County Development Authority and its powers and operations shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 44 of the 1966 General Assembly Page 4557 and which was duly ratified at the 1966 general election (Ga. L. 1966, p. 804), and which relates to the Chattooga County Development Authority and its powers and operations; to provide the authority for this Act; and for other purposes. This 3rd day of February, 1986. John G. Crawford 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 13, 1986. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4558 CAMDEN COUNTY BUSINESS AND OCCUPATIONAL LICENSE TAXES IN THE UNINCORPORATED AREA OF THE COUNTY. No. 1106 (House Bill No. 1547). AN ACT To authorize the governing authority of Camden County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to provide exceptions; to provide for related matters; to provide for enforcement by the enactment of ordinances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The governing authority of Camden County is authorized to levy, assess, and collect business and occupational license taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of Camden County, except those businesses specifically exempted by this Act. Section 2. The following businesses shall be exempt from taxes and fees imposed under this Act: (1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46 of the O.C.G.A.; and (3) Those businesses upon which local license taxes or license fees are imposed under general laws authorizing such local license taxes and license fees, unless such general law specifically authorizes local license taxes and license fees other than those to which it specifically relates. Section 3. The governing authority of Camden County is authorized to classify businesses and to assess different taxes Page 4559 and fees against different classes of businesses being carried on in the unincorporated area of the county. Section 4. The governing authority of Camden County is authorized to enact ordinances for the enforcement of this Act and to provide for the punishment of violations of such ordinances. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to authorize the governing authority of Camden County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in unincorporated area of the county; to provide exceptions; to provide for related matters; to provide for enforcement by the enactment of ordinances; and for other purposes. This 16th day of January, 1986. Harry D. Dixon Representative, 151st District 1-23B GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: January 23, 1986. /s/ Harry D. Dixon Representative, 151st District Page 4560 Sworn to and subscribed before me, this 30th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CHATHAM COUNTY ORDINANCES; OCCUPATIONAL LICENSE TAXES; RECORDER'S COURT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1108 (House Bill No. 1566). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Chatham County to enact ordinances for the policing of the county, for the levying of occupational licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the establishment of a county recorder's court (Resolution Act No. 162; House Resolution No. 182-755i; Ga. L. 1952, p. 617); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing Chatham County to enact ordinances for the policing of the county, for the levying of occupational licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the establishment of a county recorder's court (Resolution Act No. 162; House Resolution No. 182-755i; Ga. L. 1952, p. 617) shall Page 4561 not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Saundra G. Williams, to me known, who being sworn, deposes and says: That she is the Inside Sales Supervisor of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: CC 9001 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Chatham County to enact ordinances for the policing of the Page 4562 county, for the levying of occupational licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the establishment of a county recorder's court (Resolution Act No. 162; House Resolution No. 182-755i; Ga. L. 1952, p. 617); and for other purposes. This 24 day of January, 1986. Charles C. Brooks Chairman Chatham County Commission Jan. 25N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). Approved March 25, 1986. OCONEE COUNTY BOARD OF EDUCATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1109 (House Bill No. 1587). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which Page 4563 was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911) and which relates to the election of the chairman and members of the Oconee County board of education; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911) and which relates to the election of the chairman and members of the Oconee County board of education shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as part of the Constitution of Georgia that constitutional amendment which was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911) and which relates to the election of the chairman and members of the Oconee County Board of Education; to provide the authority for the Act; to provide for related matters; and for others purposes. This 23rd day of January, 1986. Page 4564 OCONEE COUNTY BOARD OF EDUCATION S.H. Sanders, Superintendent GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following date: January 23, 1986. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 31st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CITY OF ATLANTA $45 MILLION BONDED INDEBTEDNESS FOR SCHOOL FACILITIES AND EQUIPMENT WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1111 (House Bill No. 1627). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Page 4565 the City of Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equipment without a referendum (Res. Act No. 195; S.R. 218; Ga. L. 1968, p. 1589); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equipment without a referendum (Res. Act No. 195; S.R. 218; Ga. L. 1968, p. 1589) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1968, p. 1589, which amendment authorizes the City of Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equipment without a referendum; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 Page 4566 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CITIES OF MORE THAN 400,000 DEMOLITION OF BUILDINGS AND STRUCTURES ON PRIVATE PREMISES AT PUBLIC EXPENSE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1112 (House Bill No. 1629). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to establish procedures whereby any city with a population of over 400,000 may demolish certain buildings or structures from private premises under certain conditions Page 4567 at public expense (Res. Act No. 124; H.R. 130-480; Ga. L. 1974, p. 1663); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to establish procedures whereby any city with a population of over 400,000 may demolish certain buildings or structures from private premises under certain conditions at public expense (Res. Act No. 124; H.R. 130-480; Ga. L. 1974, p. 1663) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1974, p. 1663, which amendment authorizes the General Assembly to establish procedures whereby any city with a population of over 400,000 may demolish certain buildings or structures from private premises under certain conditions at public expense; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 Page 4568 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. NEWTON COUNTYTAX ASSESSMENTS, LEVIES, BILLS, NOTICES, AND PAYMENTS; DEFAULTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1113 (House Bill No. 1702). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form, and content of tax bills and notices, the time Page 4569 for payment of taxes and other charges, the time default shall occur, and the manner in which tax payments shall be apportioned (Resolution Act No. 15; House Resolution No. 109-434; Ga. L. 1975, p. 1684); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form, and content of tax bills and notices, the time for payment of taxes and other charges, the time default shall occur, and the manner in which tax payments shall be apportioned (Resolution Act No. 15; House Resolution No. 109-434; Ga. L. 1975, p. 1684) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Legal No. 3660 February 6, 13, 20 NEWTON COUNTY BOARD OF COMMISSIONERS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS GIVEN that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner Page 4570 in which tax bills and notices shall be prepared, the number, form, and content of tax bills and notices, the time for payment of taxes and other charges, the time default shall occur, and the manner in which tax payments shall be apportioned (Resolution Act No. 15; House Resolution No. 109-434; Ga. L. 1975, p. 1684); and for other purposes. This 4th day of February, 1986. DENNY M. DOBBS Newton County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: February 6, 1986. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4571 NEWTON COUNTY SEWERAGE, WATER, SANITATION, GARBAGE COLLECTION, LANDFILL, AND FIRE DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1114 (House Bill No. 1704). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill, and fire protection districts and to levy taxes on the property in such districts (Resolution Act No. 24; House Resolution No. 141-425; Ga. L. 1971, p. 942); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill, and fire protection districts and to levy taxes on the property in such districts (Resolution Act No. 24; House Resolution No. 141-425; Ga. L. 1971, p. 942) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4572 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS GIVEN that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill, and fire protection districts and to levy taxes on the property in such districts (Resolution Act No. 24; House Resolution No. 141-425; Ga. L. 1971, p. 942); and for other purposes. This 4th day of February, 1986. DENNY M. DOBBS Newton County Board of Commissioners Legal No. 3661 February 6, 13, 20 NEWTON COUNTY BOARD OF COMMISSIONERS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: February 6, 1986. /s/ Denny M. Dobbs Representative, 74th District Page 4573 Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. FORSYTH COUNTY MERIT OR CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1115 (House Bill No. 1721). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 180 of the 1976 General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1796) and which relates to establishment of a merit system or a civil service system for persons employed by Forsyth County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 180 of the 1976 General Assembly and which was duly ratified at the 1976 general election (Ga. Page 4574 L. 1976, p. 1796) and which relates to establishment of a merit system or a civil service system for persons employed by Forsyth County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 180 of the 1976 General Assembly and which was duly ratified at the 1976 General election (Ga. L. 1976, p. 1796) and which related to establishment of a merit system or a civil service system for persons employed by Forsyth County; and for other purposes. This 24th day of January, 1986. S-Bill H. Barnett State Rep District 10 L-7629 1/29 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County Page 4575 News which is the official organ of Forsyth County, on the following date: January 29, 1986. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CHATTAHOOCHEE COUNTY SHERIFF; OPERATING EXPENSES. No. 1116 (House Bill No. 1724). AN ACT To amend an amendment to the Constitution providing for the office of sheriff of Chattahoochee County, Georgia, which amendment was proposed by Resolution Act No. 196 of the 1972 General Assembly (Ga. L. 1972, p. 1372), so as to provide for the operating expenses required in discharging the duties of the office of sheriff; to provide for the authority and specific purpose of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An amendment to the Constitution providing Page 4576 for the office of sheriff of Chattahoochee County, Georgia, which amendment was proposed by Resolution Act No. 196 of the 1972 General Assembly (Ga. L. 1972, p. 1372), is amended by striking in its entirety subparagraph E. of said amendment, which reads as follows: E. The necessary operating expenses of the Sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of Chattahoochee County available for such purpose. All supplies, materials, furnishings, furniture, and utilities, as may be reasonably required in discharging the official duties of said office, shall be furnished by Chattahoochee County and shall be paid from any funds of Chattahoochee County available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Chattahoochee County., and inserting in its place a new subparagraph E. to read as follows: E. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of Chattahoochee County available for such purpose. All supplies, materials, furnishings, furniture, and utilities, as may be reasonably required in discharging the official duties of said office, shall be furnished by Chattahoochee County and shall be paid from any funds of Chattahoochee County available for such purpose. Section 2. This Act is promulgated pursuant to the authority of subparagraph H. of said amendment. The specific purpose of this Act is to amend the constitutional amendment pursuant to such authority. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an amendment to the Constitution providing for the office of Page 4577 Sheriff of Chattahoochee County, Georgia, which amendment was proposed by Resolution Act No. 196 at the 1972 General Assembly (Ga. L. 1972, p. 1372) so as to provide for the operating expenses required in discharging the duties of the office of Sheriff; and for other purposes. This 15th day of JANUARY, 1986. /s/ Gerald E. Greene Honorable Gerald E. Greene Representative, 130th District Pub. Jan.15 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following date: January 15, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4578 GARDEN CITY CORPORATE LIMITS. No. 1117 (House Bill No. 1727). AN ACT To amend an Act establishing a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by adding at the end of Section 1.11 a new subsection, to be designated subsection (g), to read as follows: (g) In addition to the present corporate limits of Garden City, Georgia, as they exist at the time of the approval of this subsection, the corporate limits of Garden City shall also include the following described tract of land: All that certain tract of land situate, lying and being in the 8th G.M. District of Chatham County, Georgia, described as follows: Beginning at a point where the southerly right of way line of Georgia State Highway No. 307 (Bourne Avenue) intersects the easterly right of way line of the Seaboard Coastline Railroad Company, said point being the northwesterly corner of the existing Garden City corporate limits; running thence from said point of beginning North 28 degrees 14[prime] 13[Prime] West along the easterly right of way line of the Seaboard Coastline Railroad Company across Georgia State Highway No. 307 (Bourne Avenue) for a distance of 108.94 feet, more or less, to a point located at the intersection of the northerly right of way line of Georgia State Highway No. 307 (Bourne Avenue) and the easterly right of way line of the Seaboard Coastline Railroad Company; Page 4579 thence North 28 degrees 14[prime] 13[Prime] West along said easterly right of way line of Seaboard Coastline Railroad Company right of way line a distance of 2841.93 feet to a point; thence North 70 degrees 46[prime] 20[Prime] East for a distance of 2426.26 feet, more or less, to a point located on the westerly right of way line of the Seaboard Coastline Railroad Company; thence South 19 degrees 14[prime] 28[Prime] East along said westerly right of way line of the Seaboard Coastline Railroad Company a distance of 3314.58 feet, more or less, to a point on the northerly right of way line of Georgia State Highway No. 307 (Bourne Avenue); thence South 19 degrees 14[prime] 28[Prime] East along the westerly right of way line of the Seaboard Coastline Railroad Company across Georgia State Highway No. 307 (Bourne Avenue) for a distance of 103.24 feet, more or less, to a point located at the intersection of the southerly right of way line of Georgia State Highway No. 307 (Bourne Avenue) and the westerly right of way line of the Seaboard Coastline Railroad Company; thence running South 85 degrees 08[prime] 25[Prime] West along the southerly right of way line of Georgia State Highway No. 307 (Bourne Avenue), which southerly right of way line is the present existing Garden City corporate limits, for a distance of 2,030 feet, more or less, to a point where said southerly right of way line of Georgia State Highway No. 307 intersects the easterly right of way line of the Seaboard Coastline Railroad Company, being the point of beginning; said tract of land being shown upon a plat made by Hussey, Gay Bell, Consulting Engineers, dated January 15, 1986, and recorded in the office of the Clerk of Superior Court of Chatham County, Georgia, in Plat Record Book 7-P, Folio 130, and entitled `Plat showing area to be annexed by Garden City, Georgia', and to which reference is specifically made for a more particular description of the property described herein and which by reference is made a part hereof. Section 2. All laws and parts of laws in conflict with this Act are repealed. 86-058-0115-220 NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION NOTICE IS HEREBY GIVEN that there will be introduced in the 1986 regular session of the General Assembly of Georgia Page 4580 a bill to amend the Charter of Garden City, Georgia, as amended, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality, and providing for other matters relative thereto, and for other purposes. TOM O. TRIPLETT House District 128 Jan. 25 N GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom O. Triplett, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News/Savannah Evening Press which is the official organ of Chatham County, on the following date: January 25, 1986. /s/ Tom O. Triplett Representative, 128th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4581 COBB COUNTY CLERK OF THE SUPERIOR COURT; DEPUTY CLERK; COMPENSATION. No. 1118 (House Bill No. 1749). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4622), so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4622), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The clerk of the superior court shall receive an annual salary of $45,256.00, to be paid in equal monthly installments from the funds in the county treasury. (b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $37,249.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk; and the person so named and certified by the successful candidate Page 4582 for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-836 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 426) as amended, so as to change the compensation of the Sheriff, the Sheriff's Deputy, the Clerk of the Superior Court, the Judge of the Probate court and the Clerk of the Probate court; and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Page 4583 Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4584 MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1119 (House Bill No. 1752). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 34 (House Resolution No. 263-571) of the 1966 General Assembly (Ga. L. 1966, p. 755) and which was duly ratified at the 1966 general election and which relates to the creation of the Monroe County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 34 (House Resolution No. 263-571) of the 1966 General Assembly (Ga. L. 1966, p. 755) and which was duly ratified at the 1966 general election and which relates to the creation of the Monroe County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4585 NOTICE 86-29 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 34 (House Resolution No. 263-571) of the 1986 General Assembly (Ga. L. 1966, p. 755) and which was duly ratified at the 1966 general election and which relates to the creation of the Monroe County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act; and for other purposes. This 1st day of February, 1986. /s/ Kenneth Waldrep Honorable Kenneth Waldrep Representative, 80th District F5 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: February 5, 1986. /s/ Kenneth Waldrep Representative, 80th District Page 4586 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. STATE COURT OF TOOMBS COUNTY JUDGE AND SOLICITOR; COMPENSATION; CLERICAL ASSISTANCE. No. 1120 (House Bill No. 1756). AN ACT To amend an Act creating the State Court of Toombs County, approved August 27, 1931 (Ga. L. 1931, p. 343), as amended, so as to change the compensation of the judge and solicitor of the court; to provide for clerical assistance to the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Toombs County, approved August 27, 1931 (Ga. L. 1931, p. 343), as amended, is amended by striking Section 3 which reads as follows: Section 3. Be it further enacted by the authority aforesaid that the Judge of the State Court of Toombs County shall receive an annual salary of $10,000.00, payable in equal monthly installments from county funds by the person or persons charged by law with the paying out of the money of Toombs County. The governing authority of Toombs Page 4587 County shall be authorized to provide additional funds for clerical help and office expenses for the said judge, said clerical help and office expenses to be paid from the funds of Toombs County. The judge of said court shall, as such, receive no other compensation but may practice law in any court except the State Court of Toombs County and may hold office or offices except those he is expressly prohibited by law from holding., and inserting in its place a new Section 3 to read as follows: Section 3. Be it further enacted by the authority aforesaid that the judge of the State Court of Toombs County shall receive an annual salary of $18,000.00 payable in equal monthly installments from funds of Toombs County. Any clerical assistance required by the judge shall be paid for by the judge from said salary and not from county funds. The judge shall be a part-time judge and may engage in the practice of law as authorized by general law for part-time judges. Section 2. Said Act is further amended by striking Section 6 which reads as follows: Section 6. Be it further enacted by the authority aforesaid that the annual salary of the solicitor of said court shall be $8,000.00, payable in equal monthly installments from county funds by the person or persons charged by law with the paying out of the money of Toombs County. The governing authority of Toombs County shall be authorized to provide additional funds for clerical help and office expenses for the said solicitor, said clerical help and office expenses to be paid from the funds of Toombs County. For representing the State in the appellate court of this State, said solicitor shall receive the same compensation paid by the State to district attorneys for like services; and said fee shall be paid by the State in the same manner that same are paid to district attorneys. The solicitor of said court shall, as such, receive no other compensation but may practice law in any court or courts and may hold any office or offices except those which he is expressly prohibited by law from holding., and inserting in its place a new Section 6 to read as follows: Page 4588 Section 6. Be it further enacted by the authority aforesaid that the solicitor of the State Court of Toombs County shall receive an annual salary of $14,000.00, payable in equal monthly installments from funds of Toombs County. Any clerical assistance required by the solicitor shall be paid for by the solicitor from said salary and not from county funds. The solicitor shall be a part-time solicitor and may engage in the practice of law as authorized for part-time solicitors. Section 3. Said Act is further amended by repealing in its entirety Section 6A which reads as follows: Section 6A. Notwithstanding the provisions of Section 3 and Section 6 of this Act, in addition to the salaries provided for the judge and the solicitor in such Sections, at the discretion of the governing authority of Toombs County, the judge and solicitor shall receive a cost-of-living increase in salary not to exceed five percent of the present salary received by each such officer and only for calendar years 1979 and 1980. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for salary increases in State Court Judge of Toombs County, Solicitor of State Court of Toombs County and County Commissioners of Toombs County and for other purposes. This 20th day of January, 1986. TOOMBS COUNTY COMMISSIONERS 4c1t-tc Page 4589 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: January 22, 1986. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. BRANTLEY COUNTY CLERK OF THE SUPERIOR COURT; JUDGE OF THE PROBATE COURT; TAX COMMISSIONER; ANNUAL SALARIES; FEES; PERSONNEL. No. 1121 (House Bill No. 1758). AN ACT To abolish the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual compensation for such officers; to provide that all fees, costs, or other emoluments of each of such officers shall become the property of the county, with certain Page 4590 exceptions; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of such offices; to provide for the employment of deputies, clerks, assistants, and all required personnel by such officers; to provide for the compensation for such personnel; to provide for the specific repeal of certain local laws; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system, is abolished, and in lieu thereof, annual compensation for such officers are prescribed as provided in this Act. Section 2. The clerk of the superior court shall receive the compensation provided for in Article 2 of Chapter 6 of Title 15 of the O.C.G.A., plus $2,400.00, per annum. Such compensation shall be payable in equal monthly installments from the funds of Brantley County. Section 3. The judge of the probate court shall receive the compensation provided for in Article 3 of Chapter 9 of Title 15 of the O.C.G.A., plus $2,400.00, per annum. Such compensation shall be payable in equal monthly installments from the funds of Brantley County. Section 4. The tax commissioner shall receive the compensation provided for in Part 3 of Article 3 of Chapter 5 of Title 48 of the O.C.G.A., plus $2,400.00, per annum. Such compensation shall be payable in equal monthly installments from the funds of Brantley County. Section 5. After the effective date of this Act, such officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and hold the same in trust for Brantley County as public moneys, except as otherwise provided in this Act, and shall pay the same into the county treasury on or before the fifteenth day of each month next following Page 4591 the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of such officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 6. It is specifically provided that the tax commissioner shall be entitled to a commission of 5 percent of all the taxes collected by the tax commissioner which are a part of the last $10,000.00 increment of the net tax digest. Otherwise, the salary provided for the tax commissioner in Section 4 of this Act shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, as codified in Article 2 of Chapter 2 of Title 40 of the O.C.G.A., relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the Department of Revenue. Section 7. In addition to the salary provided for the judge of the probate court in Section 3 of this Act, the judge of the probate court shall be entitled to receive from Brantley County the sum of 50 for each traffic case processed by the probate court of Brantley County. Section 8. The clerk of the superior court, the judge of the probate court, and the tax commissioner shall have the authority to appoint such deputies, clerks, assistants, and other personnel as they shall each deem necessary to discharge efficiently and effectively the official duties of their respective offices. Each of such officials shall, from time to time, recommend to the governing authority of such county the number of such personnel needed by such official's office, together with the suggested compensation to be paid each employee. However, the total compensation of all such personnel within each respective office shall not exceed the sum of $500.00 per month, except that the clerk of the superior court shall be authorized not less than two full-time secretaries irrespective of such limitation on compensation, and the tax commissioner shall be authorized, irrespective of such limitation on compensation, not less than Page 4592 two full-time secretaries and at least one additional secretary when required by the tax commissioner's duties respecting motor vehicle license plates. It shall be within the sole power and authority of each of such officers, during such officer's respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within such officer's sole discretion. Section 9. The necessary operating expenses of each of such offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Brantley County. Section 10. The official bonds of each of such officers, and the respective deputies, clerks, assistants, and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Section 11. The following local Acts and amendments are specifically repealed in their entirety: (1) An Act to abolish the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, approved March 18, 1968 (Ga. L. 1968, p. 2301), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3381); an Act approved March 16, 1978 (Ga. L. 1978, p. 3850); and an Act approved March 28, 1985 (Ga. L. 1985, p. 4971). (2) An Act to provide for a cost-of-living increase in compensation for the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3920). Page 4593 (3) An Act to provide for a cost-of-living increase in compensation for the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner of Brantley County, approved March 23, 1977 (Ga. L. 1977, p. 3292). Section 12. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is given tht there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to abolish the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual compensation for such officers; to provide that all fees, costs, or other emoluments of each of such officers shall become the property of the county, with certain exceptions; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of such offices; to provide for the employment of deputies, clerks, assistants, and all required personnel by such officers; to provide for the compensation for such personnel; to provide for the specific repeal of certain local laws; and for other purposes. This 3rd day of February, 1986. Gerald E. Wilkerson P.O. Box 400 St. Mary, Ga. 31558 P.2-6 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, Page 4594 on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following date: February 6, 1986. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 11th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. COBB COUNTY AND MUNICIPALITIES THEREIN ALLOCATION OF PART OF ALCOHOLIC BEVERAGE TAXES TO COUNTY OR INDEPENDENT SCHOOL DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1122 (House Bill No. 1782). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic beverages and liquors sold within Cobb County and any municipality therein to the boards of education of the county or independent school district (Res. Act No. 156; Page 4595 H.R. 667-1965; Ga. L. 1974, p. 1730); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic beverages and liquors sold within Cobb County and any municipality therein to the boards of education of the county or independent school district (Res. Act No. 156; H.R. 667-1965; Ga. L. 1974, p. 1730) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic beverages and liquors sold within Cobb County and any municipality therein to the boards of education of the county or independent school district (Res. Act No. 156; H.R. 567-1965, (Ga. L. 1974, p. 1730); to provide the authority for this Act and for other purposes. This 5th day of Feb. 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 Page 4596 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CARROLL COUNTY CIVIL SERVICE BOARD; COMPOSITION; TERMS; OFFICERS; APPEALS. No. 1123 (House Bill No. 1789). AN ACT To amend an Act providing for a civil service system in Carroll County for employees of Carroll County, approved April 11, 1979 (Ga. L. 1979, p. 4335), so as to change the composition of the civil service board of Carroll County; to provide for the number, selection, and terms of the members of the board; to provide for a chairman; to provide for a quorum and for action Page 4597 by majority vote of the members; to specify that the board shall have the duty and function of hearing and deciding appeals by employees who claim to have been aggrieved by terms or conditions of their employment decisions; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a civil service system in Carroll County for employees of Carroll County, approved April 11, 1979 (Ga. L. 1979, p. 4335), is amended by striking Section 3 and inserting in its place a new section to read as follows: Section 3. (a) There shall be a civil service board of Carroll County composed of citizens who are freeholders of Carroll County of known sympathy to the civil service system, who are not employees of Carroll County, who have paid their taxes to date, and who have been residents of Carroll County for two years or more. (b) The civil service board shall be composed of five members who shall be denominated as serving in Posts 1 through 5 and shall be selected as follows: (1) Members of Posts 1 and 4 shall be selected by majority vote of the elected county officials, namely the clerk of superior court, the tax commissioner, the sheriff, the judge of the probate court, and the commissioner of Carroll County. The commissioner of Carroll County shall appoint the persons who are so elected as members of the civil service board. These members shall for purposes of this Act be known as the `county selected members' of the civil service board. (2) Members to serve in Posts 2 and 5 shall be selected by the employees of Carroll County (other than the aforesaid elected officials) who are under the civil service system. Such employees shall by a majority of their number, either by ballot or by petition, select the members to serve in Posts 2 and 5 and shall submit the names of the persons so selected to the commissioner Page 4598 of Carroll County. The commissioner shall appoint the persons whose names are so submitted as members of the civil service board. These members shall for purposes of this Act be known as the `employee selected members' of the civil service board. (3) A member to serve in Post 3 shall be selected by majority vote of the other members of the civil service board. The member so selected shall be appointed by the commissioner as a member of the civil service board. This member shall for purposes of this Act be known as the `board selected member' of the civil service board. (c) For purposes of facilitating an orderly transition from the former three-member civil service board to the five-member board, the following provisions shall apply: (1) Post 1 shall as of July 1, 1986, be filled by the county selected member of the previous three-member board; and this member shall serve for a term of office to expire December 31, 1986. (2) Post 2 shall as of July 1, 1986, be filled by the employee selected member of the previous three-member board; and this member shall serve for a term of office to expire December 31, 1987. (3) Post 3 shall as of July 1, 1986, be filled by the board selected member of the previous three-member board; and this member shall serve for a term of office to expire December 31, 1988. (4) A new member, who shall be a county selected member, shall take office on July 1, 1986, and shall serve for a term of office to expire December 31, 1989. (5) A new member, who shall be an employee selected member, shall take office on July 1, 1986, and shall serve for a term of office to expire December 31, 1990. (d) Successors to the members provided for in subsection (c) of this section and future successors shall serve for terms Page 4599 of five years. Such members shall be selected during the 90 day period next succeeding the expiratin of a term of office in the manner provided in subsection (b) of this section. Each such member shall take office on the first day of January next following his or her selection. All members of the board shall serve until their successors are selected and qualified. (e) No member of the civil service board shall have held political office or have been a salaried employee of Carroll County during the three months preceding his appointment. (f) No member of the civil service board may be removed from office prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the board of commissioners of said county. Prior to said hearing, said member shall be served by registered or certified mail addressed to his residence as shown in the files of said board of commissioners at least ten days before the date set for said hearing with written specifications of the charges against him. The five members shall, at their first meeting after July 1, 1986, and at their first meeting after January 1 of each succeeding year, designate one of their number as chairman and one as vice-chairman. (g) Vacancies on the civil service board shall be filled for the unexpired term in the same manner as original appointments, except the employee selected member shall be selected by a majority of only the employees who are convered by the civil service system and who are in the full-time employ of Carroll County when and if such vacancies occur. (h) Three members of the board shall constitute a quorum; and the affirmative votes of three members shall be required for the approval of any matter before the board. (i) Members of the civil service board shall be paid the sum of $20.00 per diem for time actually devoted to the business of the board, not exceeding 25 days in any calendar year. Section 2. Said Act is further amended by striking subsection (b) of Section 6 and inserting in its place a new subsection Page 4600 to describe a duty and function of the civil service board and to read as follows: (b) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said civil service system; to hear and decide appeals by any employee who claims to have been improperly dismissed; and to hear and decide appeals by any employee who claims to have been aggrieved by an adverse decision concerning the terms or conditions of his or her employment, specifically including decisions involving disciplinary actions, promotions, demotions, salary, or job classification disputes; this power including the power to recommend all changes necessary to resolve any and all disputes and meritorious appeals. Section 3. This Act shall become effective July 1, 1986, except that the provisions of this Act for selection of the members of the civil service board who are to take office on July 1, 1986, shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for a civil service system in Carroll County for employees of Carroll County, approved April 11, 1979 (Ga. L. 1979, p. 4335); to provide for all related matters; and for other purposes. This 15th day of January, 1986. /s/ Charles A. Thomas, Jr., Representative-District 69. 238-1-23 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 4601 duly authorized to administer oaths, Charles Thomas, who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following date: January 23, 1986. /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 11th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. MACON-BIBB COUNTY TRANSIT AUTHORITY BOARD MEMBERS; MEDICAL OR HOSPITALIZATION INSURANCE; IMMUNITY. No. 1124 (House Bill No. 1816). AN ACT To amend an Act known as the Macon-Bibb County Transit Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, so as to permit board members to participate in and to be covered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its director, its officers, and its employees; to provide Page 4602 for payment of coverages; to provide for immunity of board members; to provide exceptions in limited instances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Macon-Bibb County Transit Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, is amended by striking in its entirety subsection (d) of Section 2.4 and inserting in its place a new subsection (d) to read as follows: (d) Members of the board shall serve without remuneration but shall be entitled: (1) To reimbursement for actual expenses incurred on authority business, provided that such expenses have been authorized in advance of their being incurred; and (2) To participate in and be covered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its director, its officers, and its employees pursuant to paragraph (5) of subsection (a) of Section 3.1. Section 2. Said Act is further amended by striking in its entirety paragraph (5) of subsection (a) of Section 3.1 and inserting in its place a new paragraph (5) to read as follows: (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix or to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the Macon Transit System of the City of Macon; and to provide for or contract for group life, medical, and hospitalization insurance plans for said officers and employees and, except for members of the board of the authority, to pay the costs thereof either in whole Page 4603 or in part. To be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Code Section 34-9-121 of the O.C.G.A., which relates to self-insurers and the posting of security indemnity or bonds. Section 3. Said Act is further amended by striking in its entirety paragraph (7) of subsection (a) of Section 3.1 and inserting in its place a new paragraph (7) to read as follows: (7) To sue and to be sued in its corporate name in such actions as are permitted by law. The authority board members shall be immune from suits as to those actions for the recovery of damages; however, such immunity shall be waived as to those actions for the recovery of damages for any claim for which liability insurance protection for such claim has been provided, but only to the extent of the amount of any such liability insurance. Section 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an Act known as the Macon-Bibb County Transit Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, pp. 4313-4324, as amended Ga. L. 1982, pp. 4339-4341); and for other purposes. This 29th day of January, 1986. James F. Carson, Jr. Attorney Macon-Bibb County Transit Authority 2/1,1986-588087 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and Page 4604 for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon Telegraph and News on the following dates: /s/ Bob Preston 02/1 Sworn to and subscribed before me, this 01 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires August 1, 1987. (SEAL). Harris, Watkins, Davis 1200 Charter Medical Bldg. Macon, Ga. 31298 Approved March 25, 1986. CITY OF MOULTRIE CORPORATE LIMITS; QUALIFICATIONS OF COUNCILMEN; VOTING IN ZONING MATTERS. No. 1125 (House Bill No. 1827). AN ACT To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, so as to change the corporate limits of the city; to change the qualifications for councilman; to change certain voting requirements in zoning matters; to repeal conflicting laws; and for other purposes. Page 4605 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, is amended by adding at the end of Section 2 the following: The City of Moultrie shall not include the geographical area described as follows and such area is deannexed from the City of Moultrie: That 3.52 acres, more or less, of Land Lot 349 in the 8th Land District of Colquitt County, Georgia, more particularly described by a plat entitled `Property of Maule Aircraft Corp.' made by Hurley J. Griffin, registered surveyor, under date of 12-20-85 and recorded in Plat Book 18, Page 70, Colquitt County Records. Section 2. Said Act is further amended by adding between the first and second sentence of Section 7 the following: Additionally, no person shall be eligible to hold office as a member of council unless he has resided in the council district from which he seeks election for at least one year prior to his election. Section 3. Said Act is further amended by striking the last sentence of the first undesignated paragraph of Section 74 and inserting in lieu thereof the following: No such ordinance or amendment thereto authorized by either of the above sections shall be adopted unless it has received at least four votes in favor of adoption. Section 4. Said Act is further amended by striking the last sentence of the third undesignated paragraph of Section 74 and inserting in lieu thereof the following: No ordinance, measure, or regulation which violates, differs, or departs from the plan or report submitted by the city planning commission shall take effect unless passed by at least four votes in favor of passage. Page 4606 Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LOCAL BILL Notice is hereby given of intention to apply for the passage at the 1986 regular session of the General Assembly of Georgia a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March 3, 1943 (Ga. Laws 1943, pp 1458-1498), and Acts amendatory thereof, and for other purposes. W-Feb. 5 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Matthews, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following date: February 5, 1986. /s/ Hugh D. Matthews Representative, 145th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4607 TOWN OF REGISTER TOWN BOUNDARIES; ELECTION OF MAYOR AND COUNCIL. No. 1126 (House Bill No. 1448). AN ACT To amend an Act to incorporate the Town of Register in the County of Bulloch and to provide a charter therefor, approved February 24, 1982 (Ga. L. 1982, p. 3530), so as to change certain provisions relating to the town boundaries; to provide for the election of the members of the council and the mayor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to incorporate the Town of Register in the County of Bulloch and to provide a charter therefor, approved February 24, 1982 (Ga. L. 1982, p. 3530), is amended by striking subsection (a) of Section 1.11 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The boundaries of the Town of Register shall embrace and shall extend a distance of one-half of one mile in every direction from the center of the present intersection of the Central of Georgia Railroad track with Main Street a/k/a The Cypress Lake Road with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Register, at all times, shall be shown on a map to be retained permanently in the office of Town Clerk and to be designated: `Town of Register, Georgia.' Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the directions of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. Section 2. Said Act is further amended by striking Section 5.11 and inserting in lieu thereof a new Section 5.11 to read as follows: Page 4608 Section 5.11. ELECTION OF COUNCIL AND MAYOR. (a) On the second Tuesday in April, 1982, and on that day annually thereafter, the general municipal election for Mayor and Council of the Town of Register shall be conducted as herein provided. (b) For purposes of electing members of the Council and in order to provide for the staggered election of members of the Council, there shall be five Council Posts designated as Council Post 1, Council Post 2, Council Post 3, Council Post 4, and Council Post 5. Any person offering for membership on the Council shall designate at the time of qualifying for election that Council Post for which such person is offering. (c) The Mayor and Council Members initially elected to Council Post 1 and Council Post 2 shall begin their terms upon taking office as provided in Section 2.22 of this charter and shall serve for an initial term of office of two years and until the election and qualification of their respective successors. Successors to the office of Mayor shall be elected at the general municipal election immediately preceding the expiration of the term of office of the Mayor, shall begin their terms upon taking office as provided in Section 2.22 of this charter, and shall serve for a term of office of two years and until the election and qualification of their respective successors. Successors to the office of Council Post 1 and Council Post 2, after the initial terms ending in 1984, shall be elected at the general municipal election immediately preceding the expiration of the term of office of Council Post 1 and Council Post 2, shall begin their terms upon taking office as provided in Section 2.22 of this charter, and shall serve for terms of office of two years and until the election and qualification of their respective successors. (d) Successors to the office of Council Post 3, Council Post 4, and Council Post 5, after the initial term ending in 1983, shall be elected at the general municipal election immediately preceding the expiration of the term of office of Council Post 3, Council Post 4, and Council Post 5, shall begin their terms upon taking office as provided in Section 2.22 of this charter, and shall serve for terms of office of two years and until the election and qualification of their respective successors. Page 4609 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Register in Bulloch County, approved February 24, 1982 (Ga. L. 1982, p. 3530); to provide for all related matters; and for other purposes. This 7th day of Jan., 1986. John F. Godbee Dist. 110 Georgia General Assembly No. 6846 01-17-86 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Godbee, who, on oath, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: January 17, 1986. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4610 TOWN OF ELEANOR CHARTER REPEALED. No. 1127 (House Bill No. 1533). AN ACT To repeal an Act entitled An Act to incorporate the town of Eleanor, in the County of Monroe, to define its corporate limits, to provide for the appointment of officers of said town, and to define their duties and powers, to provide how said town shall be governed, and for other purposes., approved August 16, 1907 (Ga. L. 1907, p. 592); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled An Act to incorporate the town of Eleanor, in the County of Monroe, to define its corporate limits, to provide for the appointment of officers of said town, and to define their duties and powers, to provide how said town shall be governed, and for other purposes., approved August 16, 1907 (Ga. L. 1907, p. 592), is repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE 86-16 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to repeal an Act entitled An Act to incorporate the town of Eleanor, in the county of Monroe, to define its corporate limits, to provide for the appointment of officers of said town, and to define their duties and powers, to provide how said town shall be governed, and for other purposes., approved August 16, 1907 (Ga. L. 1907, p. 592); and for other purposes. Page 4611 This 20th day of January, 1986. /s/ Kenneth Waldrep Honorable Kenneth Waldrep Representative, 80th District J22c GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Waldrep, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: January 22, 1986. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4612 UPSON COUNTY CLERK OF THE SUPERIOR COURT PLACED ON AN ANNUAL SALARY. No. 1128 (House Bill No. 1834). AN ACT To place the clerk of the Superior Court of Upson County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. After the effective date of this Act, the clerk of the Superior Court of Upson County shall be compensated by an annual salary, to be fixed as provided for in this Act, in lieu of the fee system of compensation or in lieu of any fee system of compensation supplemented by a salary which may be in effect for said officer. The annual salary provided for in this Act shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the clerk, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Section 2. The annual salary of the clerk shall be fixed by the governing authority of Upson County before said officer takes office on January 1 of the year following his election. Said salary shall not be diminished thereafter during the term of office of said officer but may be increased by the governing authority. The annual salary of said officer shall not be less than $23,400.00, plus 5 percent thereof for each four-year period of service served in office by said officer, not to exceed one-third of the minimum base salary provided for herein. The clerk in Page 4613 office on January 1, 1984, shall receive the aforesaid 5 percent increase to the minimum base salary of $23,400.00 for each four-year period of service served in the office prior to January 1, 1987, but such increase shall not exceed one-third of the minimum base salary. Section 3. The clerk shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The clerk shall, at least 90 days before the first day of January of each year, beginning with January, 1987, recommend to the governing authority of Upson County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the clerk, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants, or other employees and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Section 4. In the event the governing authority of Upson County shall refuse or fail to approve the budget or any individual budgeted item therein by the first day of December after receiving the budget, the clerk shall be authorized to appeal to an arbitration committee composed of the senior judge of the Superior Court of Upson County, Senators and Representatives of the General Assembly whose legislative districts encompass part or all of Upson County, and the chairman of the governing authority of Upson County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments, and perquisites of whatever nature provided by laws for services rendered by the clerk shall be charged and collected by said officer and shall be held by him as county funds. On or before the fifteenth day of each month, the clerk shall pay over to the fiscal authority of Upson County all such funds as shall have been collected by him for the county during the immediately preceding calendar month. The clerk shall keep Page 4614 such books and records as shall be prescribed by the governing authority of Upson County and all such records shall be open to the inspection of the public, the governing authority of Upson County, and the auditors of such governing authority at all times during the hours for which said office is open for business. Section 6. All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, moneys, payments into retirement system, and all other emoluments which have accrued to the clerk at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective shall when collected be paid to said officer. He shall, however, report the collection of any such fees to the governing authority of the county. Section 7. The provisions of this Act as to all planning and budgetary functions shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 1987. Section 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to place the Clerk of the Superior Court of Upson County, upon an annual salary in lieu of the fee system of compensation; to privide the manner in which such salary shall be fixed; to provide for personnel within the Clerk's Office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. This 27th day of January, Marvin Adams Representative 79th District Jan. 29 1/27 Page 4615 GEORGIA, UPSON COUNTY: Personally, appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: January 29, 1986. /s/ Marvin Adams Representative 79th District Sworn to and subscribed before me, this 11th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. DEKALB COUNTY MUNICIPALITIES AS SPECIAL SERVICES TAX DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1129 (House Bill No. 1837). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 168 (House Resolution No. 715-1916) of the 1978 General Assembly (Ga. L. 1978, p. 2468) and which was duly ratified at the 1978 general election and Page 4616 which relates to providing that certain municipalities in DeKalb County shall constitute special services tax districts and that DeKalb County shall tax such districts in accordance with the services provided to the districts by the county; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 168 (House Resolution No. 715-1916) of the 1978 General Assembly (Ga. L. 1978, p. 2468) and which was duly ratified at the 1978 general election and which relates to providing that certain municipalities in DeKalb County shall constitute special services tax districts and that DeKalb County shall tax such districts in accordance with the services provided to the districts by the county shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that amendment to the Constitution of Georgia of 1976, ratified at the general election of 1978 and set forth in Georgia Laws 1978, pages 2468-2471, that establishes special services tax districts in DeKalb County. Page 4617 This 30th day of January, 1986. Honorable Peggy Childs Representative, 53rd Dis. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs, who, on oath, deposes and says that she is Representative from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the DeKalb News/Sun which is the official organ of DeKalb County, on the following date: February 5, 1986. /s/ Peggy Childs Representative, 53rd District Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4618 EARLY COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1130 (House Bill No. 1846). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Early County Development Authority (Res. Act No. 203; Ga. L. 1968, p. 1608); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Early County Development Authority (Res. Act No. 203; Ga. L. 1968, p. 1608) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Early County Development Authority (Res. Act. No. 203; Ga. L. 1968, p. 1608); to provide the authority for this Act; and for other purposes. This 3rd day of February, 1986. /s/ Ralph J. Balkcom Honorable Ralph J. Balkcom Representative, 140th District 2-12-3tc Page 4619 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following date: February 12, 1986. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. WEBSTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1131 (House Bill No. 1849). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 242 (House Resolution No. 668-1435) of the 1968 General Assembly (Ga. L. 1968, p. 1748) and which was duly ratified at the 1968 general election and which relates to the creation of the Webster County Industrial Page 4620 Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 242 (House Resolution No. 668-1435) of the 1968 General Assembly (Ga. L. 1968, p. 1748) and which was duly ratified at the 1968 general election and which relates to the creation of the Webster County Industrial Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. -SWJ 155- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 242 (House Resolution No. 668-1435) of the 1968 General Assembly (Ga. L. 1968, p. 1748) and which was duly ratified at the 1968 general election and which relates to the creation of the Webster County Industrial Development Authority; to provide the authority for this Act; and for other purposes. This 6th day of February, 1986. GERALD E. GREENE Representative, 130th District (2:13) Page 4621 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Webster County, on the following date: February 13, 1986. /s/ Gerald Greene Representative, 130th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. GWINNETT COUNTY MERIT SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1132 (House Bill No. 1859). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 285 (House Resolution No. 785-1636) of the 1968 General Assembly (Ga. L. 1968, p. 1884) and which was duly ratified at the 1968 general election and which relates to authorizing the General Assembly to create Page 4622 a merit system of employment for present and future employees of Gwinnett County other than elected officials; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 285 (House Resolution No. 785-1636) of the 1968 General Assembly (Ga. L. 1968, p. 1884) and which was duly ratified at the 1968 general election and which relates to authorizing the General Assembly to create a merit system of employment for present and future employees of Gwinnett County other than elected officials shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 285 (House Resolution No. 785-1636) of the 1968 General Assembly (Ga. L. 1968, p. 1884) and which was duly ratified at the 1968 general election and which relates to authorizing the General Assembly to create a merit system of employment for present and future employees of Gwinnett County other than elected officials; to provide the authority for this Act; and for other purposes. This 7TH day of FEBRUARY, 1986. Page 4623 LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5288 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4624 GWINNETT COUNTY BUSINESS LICENSE TAXES; SOLID WASTE DISPOSAL; AMBULANCE SERVICE; CABLE TELEVISION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1133 (House Bill No. 1860). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 176 (House Resolution No. 689-2051) of the 1974 General Assembly (Ga. L. 1974, p. 1807) and which was duly ratified at the 1974 general election and which relates to empowering the board of commissioners of Gwinnett County to license and regulate businesses and levy license taxes on businesses in the county and to grant franchises for solid waste collection and disposal, ambulance service, and cable television; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 176 (House Resolution No. 689-2051) of the 1974 General Assembly (Ga. L. 1974, p. 1807) and which was duly ratified at the 1974 general election and which relates to empowering the board of commissioners of Gwinnett County to license and regulate businesses and levy license taxes on businesses in the county and to grant franchises for solid waste collection and disposal, ambulance service, and cable television shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia Page 4625 which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 176 (House Resolution No. 689-2051) of the 1974 General Assembly (Ga. L. 1974, p. 1807) and which was duly ratified at the 1974 general election and which relates to empowering the board of commissioners of Gwinnett County to license and regulate businesses and levy license taxes on businesses in the county and to grant franchises for solid waste collection and disposal, ambulance service, and cable television; to provide the authority for this Act; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5285 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O. M. Barnett Representative, 59th District Page 4626 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. GWINNETT COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1134 (House Bill No. 1863). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 146 (House Resolution No. 140-399d) of the 1956 General Assembly (Ga. L. 1956, p. 810) and which was duly ratified at the 1956 general election, as amended by Resolution Act No. 211 (House Resolution No. 492-1151) of the 1960 General Assembly (Ga. L. 1960, p. 1433), which was duly ratified at the 1960 general election, and as amended by Resolution Act No. 287 (House Resolution No. 806-1653) of the 1968 General Assembly (Ga. L. 1968, p. 1887), which was duly ratified at the 1968 general election, and which relates to providing for an elected board of education and an appointed county superintendent of schools for Gwinnett County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment was proposed Page 4627 by Resolution Act No. 146 (House Resolution No. 140-399d) of the 1956 General Assembly (Ga. L. 1956, p. 810) and which was ratified at the 1956 general election, as amended by Resolution Act No. 211 (House Resolution No. 492-1151) of the 1960 General Assembly (Ga. L. 1960, p. 1433), which was duly ratified at the 1960 general election, and as amended by Resolution Act No. 287 (House Resolution No. 806-1653) of the 1968 General Assembly (Ga. L. 1968, p. 1887), which was duly ratified at the 1968 general election, and which relates to providing for an elected board of education and an appointed county superintendent of schools for Gwinnett County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 146 (House Resolution No. 140-399d) of the 1956 General Assembly (Ga. L. 1956, p. 810) and which was duly ratified at the 1956 general election, as amended by Resolution Act No. 211 (House Resolution No. 492-1151) of the 1960 General Assembly (Ga. L. 1960, p. 1433), which was duly ratified at the 1960 general election, and as amended by Resolution Act No. 287 (House Resolution No. 806-1653) of the 1968 General Assembly (Ga. L. 1968, p. 1887), which was duly ratified at the 1968 general election, and which relates to providing for an elected board of education and an appointed county superintendent of schools for Gwinnett County; to provide the authority for this Act; and for other purposes. Page 4628 This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5286 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4629 GWINNETT COUNTY WATER, SANITATION, SEWERAGE, AND FIRE PROTECTION DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1135 (House Bill No. 1866). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 161 (House Resolution No. 320-1015b) of the November-December Session of the 1953 General Assembly (Ga. L. 1953, Nov.-Dec. Sess., p. 247) and which was duly ratified at the 1954 general election and which relates to the establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 161 (House Resolution No. 320-1015b) of the November-December Session of the 1953 General Assembly (Ga. L. 1953, Nov.-Dec. Sess., p. 247) and which was duly ratified at the 1954 general election and which relates to the establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4630 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 161 (House Resolution No. 320-1015b) of the November-December Session of the 1953 General Assembly (Ga. L. 1953, Nov.-Dec. Sess., p. 247) and which was duly ratified at the 1954 general election and which relates to the establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district; to provide the authority for this Act; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5287 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4631 STATE COURT OF DEKALB COUNTY FEES. No. 1136 (House Bill No. 1868). AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4810), so as to change certain fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4810), is amended by striking in its entirety Section 11B and substituting in lieu thereof a new Section 11B to read as follows: Section 11B. Each party filing a suit or proceedings of any character in the State Court shall deposit with the clerk of said court, except as hereinafter provided, the total costs, including the first judgment, fi.fa. and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $22.00 plus $5.00 for each defendant more than one; provided, however, where the principal amount involved is more than $200.00, the cost shall be $37.00 plus $5.00 for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be $22.00 plus $5.00 for each summons more than one; provided, however, where the principal amount of the garnishment involved is more than $200.00, the cost shall be $37.00 plus $5.00 for each summons more than one. Cost for filing dispossessory and distress warrants shall be $23.00 plus $5.00 for each defendant more than one. Each time a case is checked or continued and is stipulated Page 4632 back to the trial calendar, there shall be a fee of $5.00 as a stipulation fee, and the same shall be charged as part of the cost. Each time the case is stipulated to the calendar, said $5.00 is to accompany the letter of stipulation and in addition thereto there shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record. In addition to the foregoing costs, the clerk of said court shall charge and collect cost as follows: For issuing scire facias each defendant including service $10.00 For each verdict rendered more than one and docketing same 1.00 For each judgment more than one and docketing same 8.00 For each motion filed and docketing the same 5.00 For affidavit to obtain alias fi.fa. 8.00 For taking and approving supersedeas bond 5.00 For answering each writ of certiorari 3.00 For filing and docketing each appeal to the Appellate Division, including filing all briefs 5.00 For entering judgment or remittitur from Court of Appeals or Supreme Court 3.00 For exemplifications of records, per hundred words .20 For affidavit where no cause is pending 1.00 For certificate and seal of court 1.00 For certified copy 5.00 For filing and docketing each traverse to answer of garnishment including service 10.00 Page 4633 Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. Marshal To provide for each additional service fee to be collected by the marshal for each legal document received for execution where an insufficient or incorrect address has been furnished $10.00 For search and return of nulla bona, except in foreclosures and attachments 5.00 For each arrest in civil cases 10.00 For each commitment in civil cases and entering same 5.00 For each levy or seizure, except in foreclosures, attachments and trovers 10.00 For taking and approving bond in any civil case 5.00 For settling fi.fa. before sale of property 5.00 For advertising personal property for sale 5.00 For settling fi.fa. from another court 5.00 For backing fi.fa. from another court 10.00 For marshal's deed to realty 5.00 For bill of sale to personalty 6.00 For serving subpoena 10.00 For serving summons (second original) from another county 10.00 Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $10.00. Page 4634 From commission on sale of personal property: From $1.00 to $100.00 7% From $100.00 to $2,000.00 3% All over $2,000.00 2% From commission on sale of real estate: From $1.00 to $100.00 7% From $100.00 to $2,000.00 3% All over $2,000.00 2% For removing or storing or removing and storing property and keeping and feeding animals, the cost shall be the actual expense incurred. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb, County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended; to repeal conflicting laws; and for other purposes. This 14th day of January, 1986. Judge Jack B. Smith Judge Ralph E. Carlisle Judge Anne Workman Judge Jack B. McLaughlin 16-3309,1/30 Page 4635 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs, who, on oath, deposes and says that she is Representative from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 30, 1986. /s/ Peggy Childs Representative, 53rd District Sworn to and subscribed before me, this 11th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CHATTOOGA COUNTY HOSPITAL AUTHORITY VACANCIES. No. 1137 (House Bill No. 1870). AN ACT To provide for the method of filling vacancies in the membership of Chattooga County Hospital Authority; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Each vacancy occurring in the membership Page 4636 of the Chattooga County Hospital Authority by reason of the expiration of the term of a member on September 30 of any year shall be filled by a person selected by the Chattooga County Grand Jury for the August term next preceding the occurrence of such vacancy from nominees selected as follows: The Chattooga County Hospital Authority shall select three candidates for each such vacancy, and the chairman of the hospital authority shall furnish to the foreman of the grand jury the three names of the candidates so selected. The grand jury shall then select the person to fill the vacancy from among those names thus submitted to the grand jury. (b) The unexpired term of any member of said hospital authority who resigns or otherwise ceases to be a member prior to the end of his full regular term shall be filled by the grand jury meeting next after the occurrence of such vacancy from nominees selected as hereinabove provided. (c) Should the grand jury decline to select any of the three candidates submitted by the hospital authority, the foreman of the grand jury shall notify the chairman of the hospital authority of that fact, and the hospital authority shall submit three other names from which the grand jury shall select a person to fill the vacancy. (d) In the event the grand jury, for any reason, shall fail to fill any such vacancy, the next succeeding grand jury shall fill same in the manner above provided. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill Page 4637 to provide for the filling of vacancies on the Chattooga County Hospital Authority; and for other purposes. The 13th day of February, 1986. Charles T. Williams Chairman Chattooga County Hospital Authority 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 13, 1986. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4638 METTER-CANDLER COUNTY AIRPORT AUTHORITY CREATION. No. 1138 (House Bill No. 1880). AN ACT To create the Metter-Candler County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for removal of members; to provide for the appointment, compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member or officer or employee of the authority shall have any financial dealings with the authority; to provide that any member or officer or employee having financial dealings with the authority shall be subject to removal; to provide for the powers of the authority; to define the types of activity in which the authority is prohibited from engaging, and otherwise to restrict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the issuance and validation of revenue bonds; to provide for the location of the authority; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of interests of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from municipalities and counties to the authority; to provide that conveyances and transfers shall be accomplished so as to protect interest of bondholders and others affected thereby; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be Page 4639 limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medical protection; to provide for maintenance of roads, taxiways, and runways; to provide for transfer of federal funds; to provide for immunity from liability; to provide for immunity from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Creation of authority. There is created the Metter-Candler County Airport Authority which is hereinafter referred to in this Act as the authority. The authority created shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The authority may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity only as hereinafter set out. The authority may exercise the powers set out in this Act at any place within the City of Metter and Candler County and any contiguous land outside the county which is used for airport purposes as provided in this Act. Section 2. Determination of need for the authority. It is determined and declared that the present and projected rapid growth in commercial and private air traffic in the Metter-Candler County area, the need for adequate airports to serve safely and efficiently the air transportation needs of the state and the county through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation, and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the state. It is further determined and declared that the establishment of such authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the entire state and to ensure the proper economic development of the entire state. Page 4640 Section 3. Declaration of purposes. The purposes and objectives of this Act and the authority created hereunder shall be to meet the needs and requirements recognized in Section 2 of this Act through the establishment, maintenance, and operation of unified and coordinated airport systems in the Metter-Candler County area, to ensure the orderly and proper use and growth of public airports; to ensure that the maximum public benefit is obtained from any public airports presently in existence and future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this state in national and international programs of air transportation; to promote public transportation and commerce, and all of this to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience. Section 4. Definitions. As used in this Act, unless the context in which they are used requires otherwise, the following terms shall have the following meanings. (a) The term airport means: (1) Any area of land or water or any structure which is or has been used, or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters, and all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure; (2) Facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft; and (3) All buildings, equipment, facilities, and other property and improvements of any kind or nature located outside the bounds of any such land or water area or structure which is or has been used or which the authority plans to use Page 4641 for the landing and taking off of commercial, private, and military aircraft which are necessary for the safe operation of aircraft, including without limitation aviation easements and other real or personal property. (b) The term airport hazard means any structure, terrain, or object of natural growth, or use thereof, which obstructs the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport. (c) The term city means the City of Metter. (d) The term county means Candler County. Section 5. Members of the authority. (a) The authority shall be composed of six posts numbered 1 through 6. The governing authority of the City of Metter shall appoint three members of the authority to represent Posts 1, 3, and 5. The governing authority of Candler County shall appoint three members of the authority to represent Posts 2, 4, and 6. Section 6. Terms. The initial terms of members of the authority shall be as follows: Post No. 1 ending December 31, 1986. Post No. 2 ending December 31, 1987. Post No. 3 ending December 31, 1988. Post No. 4 ending December 31, 1989. Post No. 5 ending December 31, 1990. Post No. 6 ending December 31, 1991. (b) Thereafter all members shall be appointed for terms of six years each and until their successors are appointed. Members of the authority shall be eligible for reappointment. Section 7. Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of all members, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairman and one as Page 4642 vice-chairman, each of whom shall serve in such positions until the first meeting in January of the succeeding year and until their successors are elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner in January of each year to serve for the succeeding year and until their successors are elected. The chairman and vice-chairman when acting as chairman shall not be entitled to vote on matters before the authority except in the case of a tie vote. The chairman shall preside at meetings of the authority and the vice-chairman shall preside in his absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. A majority of the members of the authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary. Section 8. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority. Section 9. Vacancies in authority. Should an appointed member vacate his office either by resignation, death, change of residence, or removal as provided in Section 10 of this Act or for any other reason, the governing authority of the city or county shall, as soon as practicable, appoint another member as a member of the authority to complete the unexpired term. Section 10. Removal of members. Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflict of interests provisions of this Act, by vote of three of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by three of the other members that good cause for removal affecting the member's ability to perform his duties Page 4643 as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act. Section 11. Executive director, treasurer, and other administrative officers and employees. The authority may appoint and fix the compensation of an executive director, under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. Under the supervision of the authority, he shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority; and he shall have such powers as are necessarily incident to the performance of his duties and such others as may be granted by the authority. Additionally, the authority may in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. Section 12. Conflicts of interest. No member of the authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the authority, or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee thereof. Any violation of this provision by a member of this authority shall be grounds for removal pursuant to Section 10 of this Act. Any violation of this provision by the executive director or any officer or employee of the authority shall be grounds for removal by the authority. Section 13. Powers of the authority. (a) The authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: Page 4644 (1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same as its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein; (3) To request the city or county to exercise the power of eminent domain to acquire any private real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The authority shall pay for any property condemned under this power from its own funds and in proceedings to condemn pursuant to this section, the court having jurisdiction of the suit, action, or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the city, the county, the authority, and the owners of the property being condemned. Any such procedure may suggest the method of payment by the authority to persons who shall own or have an interest in the property; (4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, attorneys and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act, for such fees or compensation and under such terms and conditions as it deems appropriate; (5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under its control under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other Page 4645 agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to operate the airports under its control and to accomplish any purposes of this Act; and to make any purchases or sales necessary for such purposes; (6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under its control under such terms and conditions as it may prescribe including, if desirable, exclusive rights, franchises, or concessions; (7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under its control; to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with the city or the county; and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval by the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in a newspaper of general circulation of all counties in which rules and regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where same will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein shall be judicially recognized by and enforceable in the court of any municipality or the county in which airports under the control of the authority are located and having jurisdiction over the place where any violation occurs; Page 4646 (8) To provide its own fire protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services; (9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under its control and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source; (10) To enter into agreements with the state, any subdivision thereof, or any county or municipality or the federal government or any agency thereof to use in the performance of its functions the facilities or the services of the state or such subdivision or such county or municipality or the federal government or any agency thereof in order to accomplish the purposes of this Act; (11) To borrow money to accomplish its purposes and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the authority may provide by its resolution authorizing such indebtedness to be incurred; provided that the authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness; (12) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor; (13) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not expressly prohibited by law; Page 4647 (14) To sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon acquired by the authority which the authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act; (15) To determine what usage may be made of airports and to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports; (16) To exercise each and every power that any municipality or any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county; (17) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of its airports for the use of such airports under such terms and conditions as it deems appropriate and for such charges, rentals, and fees as it deems appropriate; (18) To enter into such agreement with any municipality or the county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality and the county to the authority as the authority deems necessary and appropriate; (19) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of the state or any county or municipality; and Page 4648 (20) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of the state or any county or municipality. (b) Notwithstanding any other provision of this Act to the contrary, the authority shall not: (1) Own or maintain aircraft or perform maintenance on aircraft owned by others; (2) Engage in flight instruction, flight charter, or other aircraft for hire business; or (3) Perform maintenance on radios, propellers, or other aircraft accessories. Section 14. Execution of contracts, leases, and other legal instruments. Any and all contracts, leases, obligations, agreements, and other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution or in the absence of such designation by the chairman or vice-chairman. Nothing in this provision shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, or other legal documents as the authority may prescribe. Section 15. Revenue bonds. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The authority is determined to be a governmental body within the meaning of that law and is authorized to utilize any and all procedures set out herein, and to exercise any and all powers of a governmental body thereunder. The members of the authority shall constitute the governing body as that term is used therein. Nothing in this section shall be construed so as to limit the power of the authority to issue any bonds other than under the Revenue Bond Law which it may legally issue pursuant to Section 13 of this Act. Page 4649 Section 16. Validation of revenue bonds; location of authority. For purposes of validation of bonds under the Revenue Bond Law, the authority shall be considered to be located in Candler County. Section 17. Replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds issued by it which shall be mutilated or destroyed. Section 18. Bonds; trust indenture as security. (a) In the discretion of the authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus real or personal property of the authority. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of airports; the maintenance, operation, repair, and insurance of property; and the custody, safeguarding, and application of all moneys of the authority. Such resolution or trust indenture may also: (1) Provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders; (2) Require that the security given by any contracts and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders; or (3) Contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. (b) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository Page 4650 and to furnish such security as may be required by the authority. Such resolution or trust indenture may set forth rights and remedies of the bondholders and of the trustees and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in connection with any such trust indenture may be treated as operating expenses of the authority. Section 19. Revenue bonds; additional powers as to security. In addition to other powers granted in this Act as to the issuance of revenue bonds and security for such bond, the authority shall have the power to enter into any financial and contractual arrangements with users of its airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders; and for such purposes the authority may also enter into joint agreements, arrangements, or trust indentures with such users and a trustee or trustees under any trust indenture authorized under Section 18 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority. Section 20. Revenue bonds; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to adversely affect the interest and rights of the holders of such bonds. Section 21. Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income therefrom shall be exempt from all taxation within the state. Section 22. Bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds Page 4651 issued by the authority under the provisions of this Act are made securities in which all public officers and bodies of this state, all municipalities, all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. Section 23. Property of authority deemed to be public property. It is declared that all property of the authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature and any income or revenue therefrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property. Section 24. Transfer of airports and related facilities from municipalities and counties to authority; public necessity. The authority may by resolution, at such times as it shall deem appropriate, determine what public airports within its territorial jurisdiction as set out in Section 1 of this Act are necessary to accomplish the purposes of this Act, and may inform the local government owning such airport of such determinations and the proper officials or officers of the local government may convey by deed all of their interest in real property and any other property making up such airports to the authority for a nominal consideration. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience. Section 25. Transfer of contracts to authority. Upon conveyance of airports to the authority pursuant to Section 24 of this Act, all contracts, commitments, leases, and other obligations Page 4652 of the local government formerly owning the airport in respect to such airport shall be transferred to the authority; and the authority shall stand in the place of the local government for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of Section 26 of this Act. Section 26. Conveyances and transfers pursuant to Sections 24 and 25 to be accomplished so as to protect interests of bondholders and others affected thereby. The conveyance of airports and related facilities by local governments to the authority pursuant to Section 24 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from any local government pursuant to Section 25 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interest of bondholders of any local government affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests; and the authority and any local government may enter into any agreements with each other or other parties necessary to protect such interests. Section 27. Airports subject to control of authority. All airports acquired by the authority pursuant to this Act or acquired by the authority in any legal manner and any other property held by the authority, shall be under the control of the authority; and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto. Section 28. Powers of authority limited to airports. All of the powers, general and specific, granted to the authority pursuant to this Act shall be exercised only in regard to airports. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities. However, nothing in this section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under its control, or purchasing, selling, exchanging, or otherwise acquiring any property from or with same. Section 29. Funds of authority to be used only for airports. The funds of the authority, from whatever source derived, shall Page 4653 be used only in support of airports as defined in Section 4 of this Act, but nothing in this section shall prohibit the authority from making any and all expenditures of any kind or nature necessary to support airports. Section 30. Publication of financial report and budget. The authority shall, at least annually, publish, in the legal organ of Candler County, a statement of sources and expenditures of funds for the previous year and the proposed budget for the following year. Section 31. Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia; and the members, officers, agents, and employees of the authority in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the State of Georgia when in performance of their public duties or work of the state. The authority may be sued in the same manner as private corporations on any contractual obligation of the authority. Section 32. Taxation of the authority. The property, obligations, and interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of Candler County. The exemption from taxation herein provided shall not extend to tenants or lessees of the authority. Section 33. Dissolution. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to, and be the property of, the city and the county, subject, however, to all rights and encumbrances thereon; and the city and the county, by acceptance thereof, shall fulfill all obligations of the authority. Section 34. Principal office of authority; service of process. The principal office of the authority shall be in Candler County. Service of process on the authority may be had upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state. Page 4654 Section 35. General repealer. All laws and parts of laws in conflict with this Act are repealed. Publisher's Affidavit I, the publisher of the Metter News and Advertiser, official organ of Candler County, Georgia, say: Said newspaper is of general circulation in said County and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Candler County for publication of advertisements and by other officials and official bodies of and in said County for the publication or notices required by law; I have reviewed the regular editions of the Metter News and Advertiser, published on February 12, 1986, and found that the following advertisement, to-wit: PUBLIC NOTICE Notice is hereby given that there will be introduced at the January 1986 session of the General Assembly of Georgia a bill to create an Airport Authority for the City of Metter and the County of Candler; to provide the procedures connected therewith and for other purposes. Signed Leon Hadden Mayor of Metter Russell Mercer Chairman, County Commissioners (F1/2c) has appeared in each of said editions. Signed under the pains and penalties of perjury. /s/ Virginia B. Snell publisher Signed, sealed, and delivered in the presence of: Page 4655 /s/ Brenda Grimes Notary Public, Georgia, State at Large. Executed 2/13/86. My Commission Expires 6/17/88. (SEAL). Approved March 25, 1986. DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1139 (House Bill No. 1904). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 39 (House Resolution No. 230-819) of the 1979 General Assembly (Ga. L. 1979, p. 1841), and which was duly ratified at the 1980 general election and which provides for the establishment of a Downtown Statesboro Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 39 (House Resolution No. 230-819) of the 1979 General Assembly (Ga. L. 1979, p. 1841), and which was duly ratified at the 1980 general election and which provides for the establishment of a Downtown Statesboro Development Authority, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 4656 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Downtown Statesboro Development Authority (Res. Act No. 39; HR 230-819; Ga. L. 1978, p. 1849), and for other purposes. This 10 day of February, 1986. Honorable Bob Lane Representative, 111th District Honorable John F. Godbee Representative, 110th District Honorable Joseph Kennedy Senator, 4th District No. 6900 02-13-86 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 13, 1986. /s/ Bob Lane Representative, 111th District Page 4657 Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. HARALSON COUNTY WATER AUTHORITY MEMBERSHIP; TERMS; QUORUM; VACANCIES. No. 1140 (House Bill No. 1908). AN ACT To amend an Act known as the Haralson County Water Authority Act, approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 4247), so as to change the number of and selection of members of the Authority; to provide for certain members of the Authority to cease to serve on the Authority; to provide for appointment and terms; to provide for a quorum; to provide for filling vacancies; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Haralson County Water Authority Act, approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 4247), is amended by striking Section 2 which reads as follows: Section 2. Haralson County Water Authority. There is hereby created a body corporate and politic, to be known Page 4658 as the Haralson County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of nine members to be composed as follows: the mayor of Bremen or someone designated by him, the mayor of Tallapoosa or someone designated by him, the mayor of Buchanan or someone designated by him, the mayor of Waco or someone designated by him, the commissioner of Haralson County or someone designated by him, two persons appointed by the commissioner of Haralson County, and two persons appointed as hereinafter provided. The two members appointed by the commissioner of Haralson County shall serve fouryear terms. At the time of the appointment of the first two members, the commissioner shall appoint one member for a two-year term and one member for a four-year term, and thereafter the terms for such members appointed by the commissioner shall be four years. The two members added by the 1981 amendment to this section shall be appointed and shall have terms as follows: one member shall be appointed by the mayor of Bremen and one member shall be appointed by the mayor of Tallapoosa. Both of such members shall be appointed prior to May 1, 1981, and shall take office on that date for a term running through June 30, 1982. Successors to such members shall be appointed during the month of June, 1982, and shall take office on July 1, 1982, for a term of two years. Future successors shall be appointed each two years thereafter in the month of June and shall take office on July 1 for a term of two years. Members shall hold over until their successors are appointed and take office. Members may succeed themselves in office. Five members shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a chairman and vice-chairman of the Authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the Authority. The members of the Authority shall determine their compensation for serving in such capacity. The Authority shall make rules and regulations for its own government. It shall have perpetual existence., Page 4659 and inserting in its place a new Section 2 to read as follows: Section 2. Haralson County Water Authority. (a) There is hereby created a body corporate and politic, to be known as the Haralson County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of eight members to be composed as follows: the mayor of Bremen or someone designated by him, the mayor of Tallapoosa or someone designated by him, the mayor of Buchanan or someone designated by him, the mayor of Waco or someone designated by him, the commissioner of Haralson County or someone designated by him, and three persons appointed by the commissioner of Haralson County. The three members appointed by the commissioner of Haralson County shall be designated by the commissioner of Haralson County as serving in Posts 1, 2, and 3 and shall serve for terms of office as follows: Post 1, terms of four years expiring in 1987 and quadrennially thereafter, and until a successor is appointed and qualified; Post 2, terms of four years expiring in 1989 and quadrennially thereafter, and until a successor is appointed and qualified; and Post 3, terms of two years expiring in 1988 and biennially thereafter, and until a successor is appointed and qualified. (b) As of the effective date of the 1986 amendment to this section, the two members of the Authority appointed by the mayor of Bremen and the mayor of Tallapoosa, pursuant to the 1981 amendment to this section, shall cease to hold office as members of the Authority; and no successors to such members shall be appointed. (c) Five members shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a chairman and vice-chairman of the Authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the Authority. The members of the Authority shall determine their compensation for serving Page 4660 in such capacity. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. Said Act is further amended by striking from Section 3 the following: In the event of a vacancy in the membership of the Authority by reason of the death, resignation, or disability of a member appointed by the mayor of Bremen or the mayor of Tallapoosa in 1981 or of any successor of any such member, such vacancy shall be filled by the appointing authority., so that when so amended Section 3 shall read as follows: Section 3. Vacancies. In the event of a vacancy in the membership of the Authority by reason of death, cause, resignation or disability of one of the members appointed by the commissioner, said vacancy shall be filled by the commissioner of Haralson County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act known as the Haralson County Water Authority Act, approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 4247); to provide for all related matters; and for other purposes. This 23rd day of January, 1986. Chairman, Haralson County Water Authority #230 Page 4661 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon which is the official organ of Haralson County, on the following date: January 30, 1986. /s/ Thomas B. Murphy Representative 18th District Sworn to and subscribed before me, this 8 day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. WEST JACKSON FIRE DISTRICT LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1141 (House Bill No. 1910). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the West Jackson Fire District (Res. Act No. 240, H.R. No. 811-1965, Ga. L. 1972, p. 1510), duly ratified and proclaimed by the Governor to be a part of the Constitution; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4662 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the West Jackson Fire District (Res. Act No. 240, H.R. No. 811-1965, Ga. L. 1972, p. 1510) duly ratified and proclaimed by the Governor to be a part of the Constitution shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the West Jackson Fire District (Res. Act No. 240, H.R. No. 811-1965, Ga. L. 1972, p. 1510) duly ratified and proclaimed by the Governor to be a part of the Constitution; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. /s/ Lauren McDonald Jr. Honorable Lauren McDonald, Jr. Representative, 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr., who, Page 4663 on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 5, 1986; February 12, 1986. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. PEACH COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 1142 (House Bill No. 1944). AN ACT To create the Peach County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other Page 4664 related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Peach County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for serverability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be known and may be cited as the Peach County Water and Sewerage Authority Act. Section 2. Peach County Water and Sewerage Authority. (a) There is created a body corporate and politic, to be known as the Peach County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. Page 4665 (b) The authority shall be composed of five members who shall be appointed by the governing authority of Peach County. The terms of the initial members of the authority shall be staggered as follows: one member to serve for one year; one member to serve for two years; one member to serve for three years; one member to serve for four years; and one member to serve for five years. Successors to the initial members of the authority shall serve for terms of five years. The terms of all members shall begin on July 1 and shall run until June 30 of the year of expiration and until their successors are appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of June immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself. As of July 1, 1986, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Peach County for at least one year prior to the date of his appointment and shall not have been convicted of a felony. (d) The members of the authority shall in July of each year elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman, shall elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until his or her successor is duly elected and qualified. The chairman of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Peach Page 4666 County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Peach County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. Section 3. Definitions. As used in this Act, the term: (1) Authority means the Peach County Water and Sewerage Authority created by this Act. (2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation Page 4667 or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Peach County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. The word project shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of Peach County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (4) Revenue bonds and bonds mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, Page 4668 the issuance of which are hereinafter specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; Page 4669 (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of Page 4670 revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebt edness, provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special Page 4671 fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6. Same; form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents Page 4672 of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 9. Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members. Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Peach County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such Page 4673 bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or Page 4674 in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus Page 4675 moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, Page 4676 why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Peach County Water and Sewerage Authority. Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Peach County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose Page 4677 of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Peach County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Page 4678 Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Peach County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Peach County when in the performance of their public duties or work of the county. Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 29. Effect on other governments. This Act shall not and does not in any way take from Peach County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. Page 4679 Section 30. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof. Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 32. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the Peach County Water and Sewage Authority to provide for the powers and operation of the Authority with respect to the provision of water and sewage services and facilities and with respect to other matters; to provide for the members of the Authority and their terms of office, qualifications, duties, powers, compensation, and expenses; to provide for the financial powers of the Authority, including the power to incur debt; to provide for contractual relations between the Authority and governmental units and private persons; to provide for all related matters; and for other purposes. This 4th day of February, 1986. Signed, Robert Ray Representative, District 98 2-5 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: February 5, 1986. Page 4680 /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. ETOWAH-FORSYTH WATER AUTHORITY MEMBERS; APPOINTMENT. No. 1143 (House Bill No. 1873). AN ACT To amend an Act creating the Etowah-Forsyth Water Authority, approved March 28, 1984 (Ga. L. 1984, p. 4779), as amended by an Act approved March 28, 1985 (Ga. L. 1985, p. 4925), so as to change the method of appointment of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Etowah-Forsyth Water Authority, approved March 28, 1984 (Ga. L. 1984, p. 4779), as amended by an Act approved March 28, 1985 (Ga. L. 1985, p. 4925), is amended by striking paragraph (1) of subsection (b) of Section 2 which reads as follows: Page 4681 (1) The initial membership of the authority shall be composed of three members chosen by the Forsyth County Water and Sewerage Authority., and inserting in place thereof the following: (1) The initial membership of the authority shall be composed of three members chosen by the governing authority of Forsyth County. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the Etowah-Forsyth Water Authority, approved March 28, 1984 (Ga. L. 1984, p. 4779), as amended by an Act approved March 28, 1985 (Ga. L. 1985, p. 4925), to provide for all related matters; and for other purposes. This 7th day of February, 1986. S-Bill Barnett L-7681 2/12 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following date: February 12, 1986. /s/ Bill H. Barnett Representative, 10th District Page 4682 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. MACON-BIBB COUNTY BOARD OF HEALTH LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1144 (House Bill No. 1884). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related matters (Res. Act No. 164; H.R. 258-843d; Ga. L. 1953, Nov.-Dec. Sess., p. 256); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related matters Page 4683 (Res. Act No. 164; H.R. 258-843d; Ga. L. 1953, Nov.-Dec. Sess., p. 256) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14. Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1986 Session of the General Assembly of Georgia the following local legislation: A Bill to be Entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related matters (Res. Act No. 164; H. R. 258-843d; Ga. L. 1953 Nov.-Dec. Sess., p. 256); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. EMORY GREENE, Chairman Board of Commissioners of Bibb County, Georgia. 2/8,1986-589587 Page 4684 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon Telegraph and News on the following dates: 02/8 /s/ Bob Preston Sworn to and subscribed before me this 08 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires August 1, 1987. (SEAL). Bibb Co. Board of Commissioner Room 307 Courthouse Macon GA 31201 Approved March 25, 1986. Page 4685 MACON-BIBB COUNTY INDUSTRIAL AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1145 (House Bill No. 1885). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Macon-Bibb County Industrial Authority (Res. Act No. 168; H.R. 542-1049; Ga. L. 1962, p. 885); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Macon-Bibb County Industrial Authority (Res. Act No. 168; H.R. 542-1049; Ga. L. 1962, p. 885) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14. Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1986 Session of the General Assembly of Georgia the following local legislation: A Bill to be Entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that Page 4686 constitutional amendment creating the Macon-Bibb County Industrial Authority (Res. Act No. 168; H. R. 542-1049; Ga. L. 1962, p. 885); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. EMORY GREENE, Chairman Board of Commissioners of Bibb County, Georgia. 2/8,1986-589588 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon Telegraph and News on the following dates: 02/8 /s/ Bob Preston Sworn to and subscribed before me this 08 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires August 1, 1987. (SEAL). Bibb Co. Board of Commissioner Room 307 Courthouse Macon Ga 31201 Approved March 25, 1986. Page 4687 CITY OF ROSSVILLE OFFICE OF TAX ASSESSOR AND TAX COORDINATOR ABOLISHED. No. 1146 (House Bill No. 1889). AN ACT To amend an Act creating a new charter for the City of Rossville, approved March 22, 1974 (Ga. L. 1974, p. 2819), as amended, so as to abolish the office of tax assessor and tax coordinator; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Rossville, approved March 22, 1974 (Ga. L. 1974, p. 2819), as amended, is amended by striking Article 8 in its entirety. Section 2. This Act shall become effective on December 31, 1986; however, if a vacancy occurs prior to December 31, 1986, in the office of tax assessor and tax coordinator for whatever reason, this Act shall become effective on the date of such vacancy. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR PASSAGE OF LOCAL BILL NOTICE IS HEREBY GIVEN THAT there will be introduced a bill in the 1986 Session of the General Assembly to alter and amend the Charter of the City of Rossville, Georgia, so as to provide for the elimination of the office of City Tax Assessor at the expiration of the term of the current holder of that office, or at such earlier time as such office may become vacant, and for other purposes. This 10th day of February, 1986. /s/ JOHN DAVIS JR. CITY ATTORNEY WCM 296 Page 4688 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Forest Hays, Jr., who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: February 14, 1986. /s/ Forest Hays, Jr. Representative, 1st District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. TALLAPOOSA DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1147 (House Bill No. 1890). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tallapoosa Development Authority (Resolution Act No. 139; House Resolution No. 431-994; Ga. L. 1964, p. 923); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Tallapoosa Development Authority (Resolution Act No. 139; Page 4689 House Resolution No. 431-994; Ga. L. 1964, p. 923) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tallapoosa Development Authority (Resolution Act No. 139; House Resolution No. 431-994; Ga. L. 1964, p. 923); to provide the authority for this Act; and for other purposes. This 13th day of February, 1986. Philip Eidson #246 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon which is the official organ of Haralson County, on the following date: February 13, 1986. /s/ Thomas B. Murphy Representative, 18th District Page 4690 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. HARALSON COUNTY CONTRACTS FOR LEASE OR ACQUISITION OF A COUNTY COURTHOUSE LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1148 (House Bill No. 1891). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes, for any period not exceeding 30 years with individuals, private firms, and corporations for the lease, lease-purchase, purchase and acquisition or financing of land and a building to be utilized as a county courthouse and certain related facilities (Resolution Act No. 206; House Resolution No. 647-1500; Ga. L. 1972, p. 1429); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the governing authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes, for any period not exceeding 30 years with individuals, private firms, and corporations for the lease, lease-purchase, purchase and acquisition or financing of land and a Page 4691 building to be utilized as a county courthouse and certain related facilities (Resolution Act No. 206; House Resolution No. 647-1500; Ga. L. 1972, p. 1429) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes, for any period not exceeding 30 years with individuals, private firms, and corporations for the lease, lease-purchase, purchase and acquisition or financing of land and a building to be utilized as a county courthouse and certain related facilities (Resolution Act No. 206; House Resolution No. 647-1500; Ga. L. 1972, p. 1429); to provide the authority for this Act; and for other purposes. This 7th day of Feb, 1986. James M. Dovenport Haralson County #247 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was, published in the Haralson Page 4692 Gateway-Beacon which is the official organ of Haralson County, on the following date: February 13, 1986. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. WACO DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1149 (House Bill No. 1892). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Waco Development Authority (Resolution Act No. 120; House Resolution No. 443-1029; Ga. L. 1964, p. 860); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Waco Development Authority (Resolution Act No. 120; House Page 4693 Resolution No. 443-1029; Ga. L. 1964, p. 860) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Waco Development Authority (Resolution Act No. 120; House Resolution No. 443-1029; Ga. L. 1964, p. 860); to provide the authority for this Act; and for other purposes. This 10th day of FEBRUARY, 1986. Travis Prichard City Clerk #245 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon which is the official organ of Haralson County, on the following date: February 13, 1986. /s/ Thomas B. Murphy Representative, 18th District Page 4694 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. CARTERSVILLE DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1150 (House Bill No. 1894). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cartersville Development Authority (Resolution Act No. 205; House Resolution No. 423-888; Ga. L. 1962, p. 1021); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Cartersville Development Authority (Resolution Act No. 205; House Resolution No. 423-888; Ga. L. 1962, p. 1021) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4695 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cartersville Development Authority (Resolution Act No. 205; House Resolution No. 423-888; GA. L. 1962, p. 1021); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 7th day of February, 1986. /s/ Boyd Pettit W-02/13/86 #2505 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Tribune which is the official organ of Bartow County, on the following date: February 13, 1986. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4696 ADAIRSVILLE DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1151 (House Bill No. 1895). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Adairsville Development Authority (Resolution Act No. 80; House Resolution No. 98-165; Ga. L. 1966, p. 912); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Adairsville Development Authority (Resolution Act No. 80; House Resolution No. 98-165; Ga. L. 1966, p. 912) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Adairsville Development Authority (Resolution Act No. 80; House Resolution No. 98-165; Ga. L. 1966, p. 912); to provide Page 4697 the authority for this Act; to repeal conflicting laws; and for other purposes. This 7th day of February, 1986. /s/ Boyd Pettit W-02/13/86 #2504 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Tribune which is the official organ of Bartow County, on the following date: February 13, 1986. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4698 MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1152 (House Bill No. 1902). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Macon-Bibb County Urban Development Authority (Res. Act No. 160; H.R. 685-2027; Ga. L. 1974, p. 1754), as amended by a constitutional amendment (Res. Act No. 190; H.R. 810-2037; Ga. L. 1976, p. 1827) and a constitutional amendment (Res. Act No. 190; H.R. 668-1666; Ga. L. 1980, p. 2128); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which creates the Macon-Bibb County Urban Development Authority (Res. Act No. 160; H.R. 685-2027; Ga. L. 1974, p. 1754), as amended by a constitutional amendment (Res. Act No. 190; H.R. 810-2037; Ga. L. 1976, p. 1827) and a constitutional amendment (Res. Act No. 190; H.R. 668-1666; Ga. L. 1980, p. 2128) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4699 GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14. Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1986 Session of the General Assembly of Georgia the following local legislation: A Bill to be Entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Macon-Bibb County Urban Development Authority (Res. Act No. 160; H. R. 685-2027; Ga. L. 1974, p. 1754), as amended by a constitutional amendment (Res. Act No. 190; H. R. 668-1666; Ga. L. 1980, p. 2128); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. EMORY GREENE, Chairman Board of Commissioners of Bibb County, Georgia. 2/8,1986-589624 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping, has been published in the Macon Telegraph and News on the following dates: 02/8 /s/ Bob Preston Page 4700 Sworn to and subscribed before me this 08 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires August 1, 1987. (SEAL). Approved March 25, 1986. STATE COURT OF COBB COUNTY JUDGES; COMPENSATION. No. 1153 (House Bill No. 1907). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3833), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3833), is amended by striking from Section 23 the following: The salary of the judges of the State Court of Cobb County shall be $53,606.00 per annum., and inserting in lieu thereof the following: Page 4701 The salary of the judges of the State Court of Cobb County shall be $58,967.00 per annum. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-819 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1985 (Ga. L. 1984, p. 3211) and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thomson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Page 4702 Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Steve Thompson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. JACKSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1154 (House Bill No. 1911). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act No. 258, S.R. 209, Ga. L. 1968, p. 1800), duly ratified and proclaimed by the Governor to be a part of the Constitution; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act Page 4703 No. 258, S.R. 209, Ga. L. 1968, p. 1800), duly ratified and proclaimed by the Governor to be a part of the Constitution shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act No. 258, S.R. 209, Ga. L. 1968, p. 1800), duly ratified and proclaimed by the Governor to be a part of the Constitution; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. /s/ Lauren McDonald, Jr. Honorable Lauren McDonald, Jr. Representative, 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr., who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 5, 1986; February 12, 1986. Page 4704 /s/ Lauren McDonald, Jr. Representative 12th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. JACKSON COUNTY JURISDICTION OF THE GEORGIA BUREAU OF INVESTIGATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1155 (House Bill No. 1912). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 136 (House Resolution No. 487-1416) of the 1974 General Assembly (Ga. L. 1974, p. 1689), and which was duly ratified at the 1974 general election and which relates to providing authority for the Georgia Bureau of Investigation to exercise certain law enforcement powers within Jackson County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 136 (House Resolution No. 487-1416) of the 1974 General Assembly (Ga. L. 1974, p. 1689), and which was duly ratified at the 1974 general election and which relates to providing authority for the Georgia Bureau of Investigation Page 4705 to exercise certain law enforcement powers within Jackson County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment ratified at the general election of 1974 (Ga. L. 1974, p. 1689), authorizing the Georgia Bureau of Investigation to exercise certain law enforcement powers within Jackson County; and for other purposes. This 3rd day of February, 1986. /s/ Lauren McDonald Jr. Honorable Lauren McDonald, Jr. Representative, 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr., who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 5, 1986; February 12, 1986. /s/ Lauren McDonald, Jr. Representative, 12th District Page 4706 Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. TURNER COUNTY SHERIFF; COMPENSATION. No. 1156 (House Bill No. 1915). AN ACT To amend an Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. L. 1965, p. 2029), as amended, so as to change the maximum compensation which can be granted to the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. L. 1965, p. 2029), as amended, is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The governing authority of Turner County shall set the annual salary of the sheriff at an amount not less than the minimum salary provided for sheriffs by the general laws of the State of Georgia and not more than $35,000.00. If the governing authority does not set a salary Page 4707 for the sheriff, then the salary shall be the minimum salary as provided by the general laws of the State of Georgia. The governing authority of Turner County may change the salary of the sheriff within the amounts specified in this section at any regular meeting of the governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. L. 1965, p. 2029). as amended; and for other purposes. This 13th day of February, 1986. BOARD of COMMISSIONERS of TURNER COUNTY, GEORGIA 2-13B GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 13, 1986. /s/ Earleen Sizemore Representative, 136th District Page 4708 Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. TURNER COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1157 (House Bill No. 1916). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 624) and which creates the Turner County Development Authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 624) and which creates the Turner County Development Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 4709 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 624) and which creates the Turner County Development Authority; to provide the authority for this Act; to provide for related matters; and for other purposes. This 13th day of February, 1986. BOARD of COMMISSIONERS of TURNER COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 13, 1986. /s/ Earleen Sizemore Representative, 136th District Page 4710 Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLARKE COUNTY CORONER; COMPENSATION. No. 1158 (House Bill No. 1919). AN ACT To amend an Act providing for the compensation of the Coroner of Clarke County, approved March 21, 1970 (Ga. L. 1970, p. 2980), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 4315), so as to change the provisions regarding that compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the Coroner of Clarke County, approved March 21, 1970 (Ga. L. 1970, p. 2980), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 4315), is amended by striking from Section 1 the following, wherever it appears therein: $2,400.00, and by inserting in lieu thereof in each such place the following: $3,600.00, so that when so amended Section 1 shall read as follows: Page 4711 Section 1. In lieu of all fees and other compensation provided by law, the Coroner of Clarke County shall be compensated for his official duties by an annual salary of $3,600.00 and an annual expense allowance of $3,600.00, both payable in equal monthly installments from the funds of Clarke County. Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced in the regular 1986 session of the General Assembly of Georgia to amend an act providing for the compensation for the coroner of Clarke County, approved March 21, 1970 (Ga. Laws 1970, p. 2980), as amended by an act approved April 11, 1979 (Ga. Laws 1979, p. 4315) so as to change the provisions thereof regarding compensation and for other purposes. This 14th day of February, 1986. Hugh Logan Representative District 67 Bob Argo Representative District 68 PN:2-14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan, who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald which is the official organ of Clarke County, on the following date: February 14, 1986. /s/ Hugh Logan Representative, 67th District Page 4712 Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. DEKALB COUNTY AND MUNICIPALITIES THEREIN FIREMEN; ACT ON DUTY HOURS REPEALED. No. 1159 (House Bill No. 1925). AN ACT To repeal an Act providing that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any fireman to be on duty for more than 60 hours in seven consecutive days, approved April 3, 1972 (Ga. L. 1972, p. 3702); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any fireman to be on duty for more than 60 hours in seven consecutive days, approved April 3, 1972 (Ga. L. 1972, p. 3702), is repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1986 session of the General Assembly to repeal an Page 4713 act approved April 3, 1972, (Ga. L. 1972, p. 3702) affecting the working hours of firemen employed within DeKalb County. Manuel J. Maloof Chief Executive Officer DeKalb County 16-3179,1/23 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-GA.L. 1972, p. 3702(Firemen hours) a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23rd day of January, 1986. /s/ Gerald W. Crane, Co-publisher (by) /s/ Linda L. Orr, Agent Sworn to and subscribed before me, this 23rd day of January, 1986. /s/ B. Lynn Crane Notary Public. My commission expires December 4, 1989. (SEAL). Approved March 25, 1986. Page 4714 DEKALB COUNTY AND MUNICIPALITIES WHOLLY THEREIN FIREMEN; ACT ON DUTY HOURS REPEALED. No. 1160 (House Bill No. 1926). AN ACT To repeal an Act providing that neither DeKalb County nor any municipality located wholly within DeKalb County shall require a fireman to be on duty for more than an average of 56 hours per week computed over a period of 52 consecutive weeks, approved April 17, 1973 (Ga. L. 1973, p. 2928); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing that neither DeKalb County nor any municipality located wholly within DeKalb County shall require a fireman to be on duty for more than an average of 56 hours per week computed over a period of 52 consecutive weeks, approved April 17, 1973 (Ga. L. 1973, p. 2928), is repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1986 session of the General Assembly to repeal an act approved April 17, 1973, (Ga. L. 1973, p. 2928) affecting the working hours of firemen employed within DeKalb County. Manuel J. Maloof Chief Executive Officer DeKalb County 16-3178,1/23 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public Page 4715 within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-repeal GA.L. 1973, p. 2928, (Firemen Hours) a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23rd day of January, 1986. /s/ Gerald W. Crane, Co-publisher (by) /s/ Linda L. Orr, Agent Sworn to and subscribed before me, this 23rd day of January, 1986. /s/ B. Lynn Crane Notary Public. My commission expires December 4, 1989. (SEAL). Approved March 25, 1986. HOUSTON COUNTY COUNTY SCHOOL SYSTEM; LOCAL SALES AND USE TAX; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1161 (House Bill No. 1928). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 157, H.R. 699, Ga. L. 1982, p. 2600), duly ratified at the general election in 1982, which amendment imposes a local sales and use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the Page 4716 power of said school system to levy ad valorem taxes is limited by another constitutional amendment; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 157, H.R. 699, Ga. L. 1982, p. 2600), duly ratified at the general election in 1982, which amendment imposes a local sales and use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution that constitutional amendment ratified at the general election in 1982, which amendment imposes a local sales an use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment; and for other purposes. This 6th day of December, 1986. Page 4717 Honorable Roy H. Watson, Jr., Representative, 114th District Honorable Larry Walker Representative, 115th District Honorable Ted Waddle Representative, 113th District 1t-2-13 GEORGIA, HOUSTON COUNTY Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intent to Introduce Local Legislation was published in The Houston Home Journal on the following dates: February 13, 1986. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Tammy Draper Notary Public, Georgia State at Large. My Commission Expires Oct. 8, 1988. (SEAL). Approved March 25, 1986. Page 4718 GORDON COUNTY CORONER; COMPENSATION; DEPUTY CORONERS. No. 1162 (House Bill No. 1946). AN ACT To provide for the compensation of the coroner of Gordon County; to provide for the payment of such compensation; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the appointment of deputy coroners by the coroner and their compensation for death investigations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The coroner of Gordon County is placed on annual salary in lieu of the fee system of compensation. The coroner shall be compensated in the amount of $600.00 per month. Such compensation shall be paid on the first week of each month from the funds of Gordon County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allowances, moneys, and other emoluments and perquisites of whatever kind shall become the property of Gordon County and shall be paid into the county treasury at least once each month. Section 2. The coroner of Gordon County may appoint one or more persons to be deputy coroners to serve at the pleasure of the coroner, to be replaced at his order, and to be compensated a fee of $75.00 for each death investigation conducted. Such compensation shall be paid on the first week of each month from the funds of Gordon County after the deputy coroner has submitted a statement to the county treasury and the statement has been approved by the coroner of Gordon County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Page 4719 Section 4. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE Notice of intention to introduce local legislation: Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia; A bill to place the coroner of Gordon County on salary in lieu of the fee system, and for other purposes. (s) Harold (Ooky) Faith, Chairman, Gordon County Board Of Commissioners. (1t-3-5) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J.C. Maddox, who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following date: February 6, 1986. /s/ J.C. Maddox Representative, 7th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4720 CARROLL COUNTY BOARD OF EDUCATION; COMPENSATION AND EXPENSES. No. 1163 (House Bill No. 1948). AN ACT To provide for the compensation and expenses of the chairperson and members of the Board of Education of Carroll County; to provide for practices and procedures in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The chairperson of the Board of Education of Carroll County shall receive a per diem of $125.00 for each day of attendance at official meetings of such board of education which are held in Carroll County. Each of the other members of the Board of Education of Carroll County shall receive a per diem of $100.00 for each day of attendance at official meetings of such board of education which are held in Carroll County. While meeting or traveling outside Carroll County as a member of the board on official business first authorized by a majority of the board, the chairperson or any member of the board shall receive reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county school superintendent. The compensation and expenses of the chairperson and members of the board of education shall be paid only from the local tax funds available to such board for educational purposes. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4721 Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Carroll County; to provide for practices and procedures in connection therewith; and for other purposes. This 7th day of February, 1986. /s/ Carolyn Lee. 2822-13 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carolyn Lee, who, on oath, deposes and says that she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County, on the following date: February 13, 1986. /s/ Carolyn Lee Representative, 70th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. Page 4722 CATOOSA COUNTY JUDGE OF THE PROBATE COURT; CLERICAL HELP. No. 1164 (House Bill No. 1951). AN ACT To amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4422), so as to increase the clerical help allowance of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4422), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the judge of the probate court 26,000.00 per annum Clerical help for the clerk of the superior court 55,000.00 per annum All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the Page 4723 clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be requested local legislation to increase the Clerical allowance in the Office of the probate Court at the January 1986 session of the General Assembly of the State of Georgia. Sam T. Dills, Probate Judge, Catoosa County, Georgia. 1tc, 1-8 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 8, 1986. /s/ Robert G. Peters Representative, 2nd District Page 4724 Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CITY OF COMER MAYOR; TERM OF OFFICE. No. 1165 (House Bill No. 1955). AN ACT To amend an Act creating and incorporating the City of Comer, approved August 20, 1913 (Ga. L. 1913, p. 728), as amended, so as to change the term of office of the mayor; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and incorporating the City of Comer, approved August 20, 1913 (Ga. L. 1913, p. 728), as amended, is amended by adding, following Section 5, a new Section 5.1 to read as follows: Section 5.1. The provisions of Section 5 of this Act to the contrary notwithstanding, effective with the mayor who is elected in the city election in 1986 and who takes office on January 1, 1987, the term of the office of the mayor shall be two years or until his successor is elected and qualified. Successors to such mayor shall be elected in city elections in even-numbered years, shall take office on the first Page 4725 day of January following their election, and shall have terms of office of two years each or until their successors are elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Comer, approved August 20, 1913, (Ga. L. 1913, pp. 728-753 inclusive), as amended; and for other purposes. This 4th day of February, 1986. Albert L. Stone, Jr. City Attorney for the City of Comer GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Yeargin, who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor/Comer News which is the official organ of Madison County, on the following date: February 6, 1986. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4726 COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY; SALARY SUPPLEMENT; CHIEF INVESTIGATOR AND INVESTIGATORS; ASSISTANT DISTRICT ATTORNEYS. No. 1166 (House Bill No. 1963). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4698) and an Act approved March 27, 1985 (Ga. L. 1985, p. 4255), so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investigators; to change the number of assistant district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4698) and an Act approved March 27, 1985 (Ga. L. 1985, p. 4255), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are created. (b) In addition to the salary payable from state funds, the district attorney of the Cobb Judicial Circuit shall receive a county supplement of $10,068.00 per annum, payable in equal monthly installments out of the funds of Cobb County. The governing authority of Cobb County is authorized and directed to pay the district attorney the additional compensation provided herein. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this state; provided, however, that the present district attorney of the Cobb Judicial Page 4727 Circuit and all future district attorneys may prosecute to final completion all cases in which the district attorney's name appears as counsel of record and which were filed prior to his assuming the office of district attorney of the Cobb Judicial Circuit. Section 2. Said Act is further amended by striking Section 4(a) in its entirety and substituting in lieu thereof a new Section 4A to read as follows: Section 4A. Said district attorney is authorized to appoint five investigators, Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator and his duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. The chief investigator shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $40,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. The remaining investigators shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $31,678.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County. Section 3. Said Act is further amended by striking Section 4B in its entirety and substituting in lieu thereof a new Section 4B to read as follows: Section 4B. The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, nine full-time or part-time assistant district attorneys who shall serve at the pleasure of the district Page 4728 attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia and be members in good standing of the State Bar of Georgia. On or after April 1, 1985, all assistant district attorneys shall be compensated in the sum of not less than $19,185.00 nor more than $45,000.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sums shall be payable in equal monthly installments from the general funds of said county with the exception that, whenever the State of Georgia shall provide the compensation to any of the assistant district attorneys, the amount of state compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. L-341 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the January/February 1986 Session of the General Assembly of Georgia, a Bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1961 (Ga. L. 1961, p. 194) as amended so as to change the provisions relating to the appointment of assistant district attorneys; to change the salary provisions relating to the Chief Investigators; and for other purposes. This the 30th day of January, 1986. /s/ Fred Aiken FRED AIKEN ROY E. BARNES Page 4729 HASKEW BRANTLEY JIM TOLLESON CARL HARRISON SENATORS FRED AIKEN A.L. BURRUSS BILL COOPER JOHNNY ISAKSON BILL ATKINS TERRY LAWLER STEVE THOMPSON JOE MACK WILSON FRANK JOHNSON TOM WILDER REPRESENTATIVES 1:31 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 31, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4730 WALTON INDUSTRIAL BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1167 (House Bill No. 1973). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 174 of the 1962 General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 904) and which relates to creation of the Walton Industrial Building Authority and the powers and functions of the authority; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 174 of the 1962 General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962, p. 904) and which relates to creation of the Walton Industrial Building Authority and the powers and functions of the authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice of Intention to Introduce Local Legislation at the regular 1986 session of the General Assembly of Georgia a bill Page 4731 to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 174 of the 1962 General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1962 p. 904) and which relates to creation of the Walton Industrial Building Authority and the powers and functions of the authority; to provide the authority for this Act; and for other purposes. This 13th day of February, 1986. /s/ Rep. Neal Jackson Georgia Walton County 868-14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Neal Jackson, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 18, 1986. /s/ Neal Jackson Representative, 65th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4732 BULLOCH COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; CLERK; DEPUTY CLERK. No. 1168 (House Bill No. 1981). AN ACT To amend an Act creating a board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3730) and by an Act approved March 12, 1984 (Ga. L. 1984, p. 4022), so as to change the name of the position chairman and clerk of the board of commissioners of Bulloch County to chairman; to authorize the board of commissioners to employ a clerk and a deputy clerk; to provide for editorial revision; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3730) and by an Act approved March 12, 1984 (Ga. L. 1984, p. 4022), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The name of the position `chairman and clerk' of the board of commissioners of Bulloch County is changed to `chairman.' The salary of the chairman of said board shall be $25,000.00 per annum, payable in equal monthly installments, and the salary of the other three members of the board shall be $3,600.00 per annum, payable in equal monthly installments. The chairman shall devote full time to the duties of said office. The board is authorized to furnish an automobile to the chairman for use by the chairman while on county business. (b) The board is authorized to employ a clerk who may be a part-time member of the board of commissioners or Page 4733 any qualified person. The board shall also be authorized to employ a deputy clerk. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Bulloch County, approved Aug. 11, 1924 (Ga. L. 1924, p. 290), as amended; and for other purposes. This 10 day of February, 1986. Honorable Bob Lane Representative, 111th District Honorable John F. Godbee Representative, 110th District Honorable Joseph E. Kennedy Senator, 4th District No. 6902 02-13-86 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 13, 1986. /s/ Bob Lane Representative, 111th District Page 4734 Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CARROLL COUNTY BOARD OF EDUCATION; ELECTIONS. No. 1169 (House Bill No. 1982). AN ACT To amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), so as to clarify provisions relating to the date of future elections of certain members of the board of education; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), is amended by striking subsection (e) of Section 1 which reads as follows: (e) Except for the special elections provided for in subsections (b), (c), and (d) of this section, all members of the board of education who are elected after the effective date of this section shall be elected at the general election which Page 4735 next precedes the expiration of a term of office and shall serve for terms of four years, so that the member to represent Education District No. 2 shall be elected in 1986 and quadrennially thereafter; the members to represent Education Districts No. 3 and 5 shall be elected in 1990 and quadrennially thereafter; and members to represent Education Districts No. 1, 4, and 6 shall be elected in 1988 and quadrennially thereafter., and inserting in its place a new subsection (e) to read as follows: (e) Except for the special elections provided for in subsections (b), (c), and (d) of this section, all members of the board of education who are elected after the effective date of this section shall be elected at the general election which next precedes the expiration of a term of office and shall serve for terms of four years, so that the member to represent Education District No. 2 shall be elected in 1986 and quadrennially thereafter; the member to represent Education District No. 3 shall be elected in 1990 and quadrennially thereafter; the member to represent Education District No. 5 shall be elected in 1994 and quadrennially thereafter; and members to represent Education Districts No. 1, 4, and 6 shall be elected in 1988 and quadrennially thereafter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945); to provide for related matters; and for other purposes. This 14th day of February, 1986. /s/ Charles Thomas, District 69. 2862-20 Page 4736 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas, who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following date: February 20, 1986. /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. BIBB COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 1170 (House Bill No. 1988). AN ACT To amend an Act establishing the board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to authorize Bibb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Page 4737 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is amended by adding, immediately following Section 8A, a new Section 8B to read as follows: Section 8B. The county shall have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Bibb County to issue the call for a special election for the purpose of submitting this Act to the electors of Bibb County for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1986. The superintendent shall issue the call for said election at least 29 but not more than 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bibb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing Bibb County to have and to exercise all redevelopment and other powers authorized or granted counties pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, be approved? Page 4738 All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect upon the date the results of the election pursuant to this section are certified to the Secretary of State; otherwise Section 1 of this Act shall be void and of no force and effect. The expense of any such election shall be borne by Bibb County. It shall be the duty of the election superintendent thereof to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to be entitled An Act to amend an Act creating a Board of Commissioners of Bibb County, appearing in Georgia Laws 1873, P. 219 et seq., as amended; to provide for a referendum; and for other purposes. Ed Sell, Jr. County Attorney for Bibb County Bibb County Courthouse Macon, Georgia 31201 2/15,1986-592418 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, Page 4739 on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph News which is the official organ of Bibb County, on the following date: February 15, 1986. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1988. (Seal). Approved March 25, 1986. BROOKS COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1171 (House Bill No. 1991). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brooks County Development Authority (Resolution Act No. 64; House Resolution No. 97-165; Ga. L. 1966, p. 870); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Page 4740 Brooks County Development Authority (Resolution Act No. 64; House Resolution No. 97-165; Ga. L. 1966, p. 870) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the constitution of the State of Georgia that constitutional amendment creating the Brooks County Development Authority (Resolution Act No. 64, House Resolution 97-165, Georgia Law, 1966, p. 870), and for other purposes this 11th day of February, 1986. Henry L. Reaves (7ch) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Free Press which is the official organ of Brooks County, on the following date: February 13, 1986. /s/ Henry L. Reaves Representative, 147th District Page 4741 Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. EMANUEL COUNTY DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1172 (House Bill No. 1998). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Emanuel County Development Authority (Res. Act No. 87; H.R. 373-768; Ga. L. 1962, p. 758); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Emanuel County Development Authority (Res. Act No. 87; H.R. 373-768; Ga. L. 1962, p. 758) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4742 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that Constitutional Amendment creating the Emanuel County Development Authority (Resolution Act No. 87, House Resolution No. 373-768; Georgia Laws 1962, page 758); and for other purposes. This 18th day of February, 1986. G. W. Johnson, Jr. Chairman, Emanuel County Development Authority 2L29(F19c) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, who, on oath, deposes and says that he is Representative from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blade which is the official organ of Emanuel County, on the following date: February 19, 1986. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4743 STEPHENS COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 1173 (House Bill No. 1999). AN ACT To amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, so as to change the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Stephens County, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, is amended by striking Section 8 and inserting in its place a new Section 8 to read as follows: Section 8. The chairman of the board of commissioners shall be compensated in the amount of $600.00 per month, and the other members of the board of commissioners shall each be compensated in the amount of $500.00 per month, payable from the funds of Stephens County. Section 2. This Act shall become effective January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to change the compensation of the members of the Stephens County Board of Commissioners and for other purposes. This 10th day of February, 1986. STEPHENS COUNTY BOARD OF COMMISSIONERS c07 Page 4744 AFFIDAVIT GEORGIA, STEPHENS COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, Post 2, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on the following date: February 13, 1986. /s/ Jeanette Jamieson, Representative 11th District, Post 2 Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 25, 1986. BULLOCH COUNTY JUDGE OF THE PROBATE COURT; CLERK'S COMPENSATION; PART-TIME EMPLOYEES. No. 1174 (House Bill No. 2018). AN ACT To amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4022), so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4745 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the judge of the Probate Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4022), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court is authorized to employ and fix the salary of a clerk in an amount not to exceed $11,550.00 per annum. The judge of said court is further authorized to employ and fix the compensation of part-time clerical employees with the approval of the board of commissioners of Bulloch County whenever the workload in the office of the judge of the probate court requires additional personnel. Such salaries shall be payable in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the Judge of Probate Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, P. 2590), as amended; and for other purposes. This 20th day of February, 1986. Bulloch County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald Page 4746 which is the official organ of Bulloch County, on the following date: February 21, 1986. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. BULLOCH COUNTY TAX COMMISSIONER; ASSISTANTS' COMPENSATION; PART-TIME EMPLOYEES. No. 1175 (House Bill No. 2019). AN ACT To amend an Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4015), so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. Page 4747 1261), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4015), is amended by striking Section 8A in its entirety and substituting in lieu thereof a new Section 8A to read as follows: Section 8A. The tax commissioner is authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $11,557.00 per annum, the second such assistant shall receive a salary not to exceed $10,655.00 per annum, and the third such assistant shall receive a salary not to exceed $10,000.00 per annum. The tax commissioner is further authorized to employ part-time clerical employees with the approval of the board of commissioners of Bulloch County whenever the workload in the office of the tax commissioner requires additional personnel. Such salaries shall be fixed by the tax commissioner and shall be payable in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, P. 1261) as amended; and for other purposes. This 20th day of February, 1986. Bulloch County Legislative Delegation. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, Page 4748 deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 21, 1986. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. BULLOCH COUNTY CORONER; COMPENSATION; TRAVEL EXPENSES. No. 1176 (House Bill No. 2020). AN ACT To amend an Act placing the coroner of Bulloch County on an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3818), so as to change the compensation of the coroner; to provide for travel expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the coroner of Bulloch County Page 4749 on an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3818), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The coroner of Bulloch County is placed on a salary basis in lieu of a fee basis for all of his services and shall be compensated in the amount of $2,640.00 per annum to be paid in equal monthly installments from the funds of Bulloch County. The coroner shall also receive $1,500.00 per annum for travel expenses to be paid in equal monthly installments from the funds of Bulloch County. Such salary and travel expenses shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind previously allowed the coroner, and they shall become the property of Bulloch County and shall be paid to the fiscal officer of the county on or before the fifteenth day of each month for the preceding month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the Coroner of Bulloch County on an annual salary, approved April 4, 1967 (Ga. L. 1967, P. 2524), as amended; and for other purposes. This 20th day of February, 1986. Bulloch County Legislative Delegation Page 4750 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 21, 1986. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. DOUGLAS COUNTY CORONER; COMPENSATION. No. 1177 (House Bill No. 2021). AN ACT To amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3790), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes. Page 4751 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3790), is amended by striking Section 1 thereof and inserting in its place a new Section 1 to read as follows: Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for services as such, the coroner of Douglas County is placed on a salary of $7,400.00 per annum, payable in equal monthly installments from the funds of Douglas County. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION. Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to increase the salary paid to the Coroner of Douglas County. This 7th day of February, 1986. THOMAS M. KILGORE Representative, 42nd District 427 + 2-18 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following date: February 18, 1986. Page 4752 /s/ Charlie Watts Representative, 41st District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLAYTON COUNTY BOARD OF EDUCATION; CHAIRMAN; TERMS; VACANCIES. No. 1178 (House Bill No. 2029). AN ACT To provide that the term of office of the chairman of the board of education of Clayton County shall be two years; to provide that the chairman shall be eligible for reelection to subsequent terms of office; to provide for filling vacancies in the office of chairman; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Beginning in January, 1989, and biennially thereafter, the chairman of the board of education of Clayton County shall be elected by a majority vote of the members of the board of education for a term of office of two years. The chairman shall serve for the term of office for which elected Page 4753 and until a successor is elected and qualified. The chairman shall be eligible for reelection to subsequent terms of office by a majority vote of the members of the board of education. In the event of a vacancy in the office of chairman, the board of education shall elect a successor by a majority vote for the unexpired term. Section 2. This Act shall become effective on January 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that the term of office of the chairman of the board of education of Clayton County shall be two years; to provide that the chairman shall be eligible for reelection to subsequent terms of office; to provide for filling vacancies in the office of chairman; to provide for related matters; to provide an effective date; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Page 4754 Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLAYTON COUNTY BOARD OF EDUCATION; VACANCIES. No. 1179 (House Bill No. 2030). AN ACT To amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), so as to change the method of filling vacancies on the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the composition of and manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), is amended by striking subsection (f) of Section 1 in its entirety and substituting in lieu thereof new subsections (f) and (g) to read as follows: (f) Vacancies on the board of education shall be filled in accordance with the provisions of general law. Page 4755 (g) The provisions of this section supersede the provisions formerly applying which are set out in the first five undesignated paragraphs of quoted matter added to the Constitution by a local constitutional amendment (Res. Act No. 200; H.R. No. 216-743b; Ga. L. 1953, Nov.-Dec. Sess., p. 506) which was ratified by the electors of Clayton County at the general election in 1954. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act changing the composition of an manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), so as to change the method of filling vacancies on the board; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Page 4756 Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLAYTON JUDICIAL CIRCUIT JUDGES; COUNTY SALARY SUPPLEMENTS. No. 1180 (House Bill No. 2032). AN ACT To amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4460), so as to change the county supplement to the state salary of said judges; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4460), is amended by striking from Section 1 the following: $8,200.00, Page 4757 and inserting in lieu thereof the following: $10,000.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to the salary payable from state funds, each judge of the Superior Court of the Clayton Judicial Circuit shall receive a supplement of $10,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to each judge the compensation provided for herein. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention Page 4758 to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLAYTON COUNTY JUDGE OF THE PROBATE COURT; COMPENSATION. No. 1181 (House Bill No. 2033). AN ACT To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4466), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, Page 4759 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4466), is amended by striking from Section 1 the following: $33,940.00, and substituting in lieu thereof the following: $35,640.00, so that when so amended Section 1 shall read as follows: Section 1. The salary herein named for the judge of the probate court shall be his full and complete compensation, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law shall be county funds and accountable for as such. The salary of said judge of the probate court shall be $35,640.00 per annum, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 1, 1950 (Ga. L. 1950, p. 2068); as amended; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation Page 4760 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLAYTON JUDICIAL CIRCUIT DISTRICT ATTORNEY; COUNTY SALARY SUPPLEMENT. No. 1182 (House Bill No. 2038). AN ACT To amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4464), so as to change the amount of said supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4761 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4464), is amended by striking from Section 1 the following: $5,700.00, and inserting in lieu thereof the following: $7,500.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to the salary payable from state funds, the district attorney of the Clayton Judicial Circuit shall receive a county supplement of $7,500.00 per annum payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to the district attorney the additional compensation provided for herein. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p.2856); as amended; and for other purposes. This 21st day of February, 1986. Page 4762 Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CLAYTON COUNTY BUSINESS LICENSES AND REGULATION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1183 (House Bill No. 2041). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Page 4763 Act No. 49, H.R. 111-267, Ga. L. 1963, p. 679), duly ratified at the general election in 1964, which amendment authorizes the licensing and regulation of businesses in the unincorporated areas of Clayton County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 49, H.R. 111-267, Ga. L. 1963, p. 679), duly ratified at the general election in 1964, which amendment authorizes the licensing and regulation of businesses in the unincorporated areas of Clayton County, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution that constitutional amendment ratified at the general election in 1964, which amendment authorizes the licensing and regulation of businesses in the unincorporated areas of Clayton County; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 4764 duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. MOUNTVILLE WATER AUTHORITY REVENUE BONDS. No. 1184 (House Bill No. 2045). AN ACT To amend an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), as amended, so as to change certain provisions relating to the creation of the authority; to change certain provisions relating to the issuance of revenue bonds; to change certain provisions relating to the negotiability of revenue bonds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Mountville Water Authority, Page 4765 approved April 12, 1982 (Ga. L. 1982, p. 4452), as amended, is amended by striking subsection (a) of Section 2 and inserting in its place a new subsection (a) to read as follows: (a) There is created a public body corporate and politic to be known as the Mountville Water Authority which shall be deemed to be a public corporation and by that name, title, and style said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. Section 2. Said Act is further amended by striking paragraph (8) of Section 4 and inserting in its place a new paragraph (8) to read as follows: (8) To borrow money for any of its corporate purposes and to issue negotiable or registered revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; Section 3. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable or registered revenue bonds, in a sum not to exceed $2,000,000.00 outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more project. The principal and interest of such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the rate permitted by law, payable at such times as the authority deems appropriate, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may Page 4766 be fixed by the authority in the resolution providing for the issuance of the bonds. Section 4. Said Act is further amended by striking Section 8 and inserting in its place a new Section 8 to read as follows: Section 8. Same; negotiability; exemption from taxation. All revenue bonds, issued under the provisions of this Act, shall have and are declared to have all the qualities and incidents of negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. Such bonds and the income thereof shall be exempt from all taxation within the state. Section 5. All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: LEGAL NO. 0129 JAN. 17 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, P. 4452); and for other purposes. Page 4767 This 14th day of January, 1986. Lee R. Hasty has been published in said LaGrange Daily News, to-wit: 1-17-1986, being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn to and subscribed before me, this 21st day of February, 1986. /s/ Thelma A. Ledford Notary Public, Troup County. (SEAL). Approved March 25, 1986. DADE COUNTY BOARD OF EDUCATION; QUORUM. No. 1185 (House Bill No. 2055). AN ACT To amend an Act relating to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), so as to change the number of members of the board of education which constitutes a quorum for the transaction of business; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the Dade County board of Page 4768 education, approved February 6, 1984 (Ga. L. 1984, p. 3575), is amended by striking from Section 5 the words Four members and inserting in their place the words Three members, so that when so amended said Section 5 shall read as follows: Section 5. At the first meeting of the board in January, 1985, and at the January meeting biennially thereafter, the board shall elect one of their members as chairman to serve for a term of two years and such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated as provided by general law. Section 2. All laws and parts of laws in conflict with this Act are repealed. INTRODUCTION OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a local act to provide for the changing of the number of School Board members required for a quorum if the Dade County Board of Education from four (4) members to three (3) members. This would repeal the specific act in the number of members required for a quorum. This 17th day of February, 1986. DCS 216 2-19-1T GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following date: February 19, 1986. Page 4769 /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 26th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. CITY OF DULUTH MAYOR AND COUNCIL; COMPENSATION; OFFICERS; CLERK. No. 1186 (House Bill No. 2065). AN ACT To amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, so as to change the provisions relating to the salaries of the mayor and members of the council; to change the provisions relating to the election of officers of the city; to change the provisions relating to the clerk; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Page 4770 Section 8. The mayor of the City of Duluth shall receive a salary to be fixed by the council and each member of the council shall receive a salary to be fixed by the council. Said salaries are to be fixed by the procedure specified in the Official Code of Georgia Annotated, as amended. The mayor and council shall meet for the purpose of transacting business for the city only at the city hall, as now or hereafter established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business. The mayor or, in the event of the absence from the city or sickness of the mayor, the mayor pro tem. may call special meetings of the council under such rules and regulations as the mayor and council may fix. Section 2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The mayor and council shall elect a city clerk, a chief of police, and such other officers and servants, including a city attorney, as the mayor and council shall deem necessary for the government of the city. The clerk may be, but need not necessarily be, a member of the council. Each of said officers shall be elected to serve at the pleasure of the mayor and council, who shall fix the salary and duties of said officers and servants. Section 3. All laws and parts of laws in conflict with this Act are repealed. Local Legislation NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1986 Session of the General Assembly of Georgia a bill to reincorporate and provide a new charter for the CITY OF DULUTH in Gwinnett County, Georgia, and to supercede and appeal the act incorporating the City of Duluth, approved March 25, 1958 (GA laws 1958, page 3148) as amended; to provide for all matters related to the foregoing; and for other purposes. Page 4771 H. ALFORD FLEMING, JR. City Attorney Duluth, Georgia Jan. 10-1tc G 4855 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Martin, who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 10, 1986. /s/ Charles C. Martin Representative, 60th District Sworn to and subscribed before me, this 27th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 25, 1986. Page 4772 COBB COUNTY JUVENILE COURT; JUDGE'S COMPENSATION. No. 1187 (Senate Bill No. 372). AN ACT To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4364), so as to change the compensation of said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4364), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The judge of the Juvenile Court of Cobb County shall receive an annual salary of $46,000.00, to be paid in equal monthly installments from the general funds of Cobb County. Said judge shall devote his full time to the duties of his office and shall not engage in the private practice of law. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4773 L-834 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an act fixing the compensation of the Judge of the Juvenile Court of Cobb County, Georgia, approved July 17, 1969, (Ga. L. 1969, p. 360), as amended, and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. Carl Harrison Senator, 37th District Page 4774 Sworn to and subscribed before me, this 13th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. FULTON COUNTY JUDGE OF THE PROBATE COURT; SHERIFF; CLERK OF THE SUPERIOR COURT; TAX COMMISSIONER; TREASURER; CHIEF CLERKS, ASSISTANTS, OR DEPUTIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1188 (Senate Bill No. 505). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1939, p. 33, as amended by Ga. L. 1952, p. 514) which relates to the provision that the judge of probate court, sheriff, clerk of the superior court, tax receiver, tax collector or tax county commissioner, and county treasurer of Fulton County shall be required to appoint a chief clerk, chief assistant, or chief deputy; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Ga. L. 1939, p. 33, as amended by Ga. L. 1952, p. 514) which relates to the provision that the judge of probate court, sheriff, clerk of the superior court, tax receiver, tax collector or tax county commissioner, and county treasurer of Fulton County shall be required to appoint a chief clerk, chief assistant, or chief deputy and Page 4775 procedures connected therewith shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1939, p. 33, as amended by Ga. L. 1952, p. 514) which relates to the provision that the ordinary, sheriff, clerk of the superior court, tax receiver, tax collector or tax county commissioner and county treasurer shall be required to appoint a chief clerk, chief assistant, or chief deputy and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicing laws; and for other purposes. This 15th day of January, 1986. HENRY R. BAUER, JR. Fulton County Legislative Liason Jan 17 1986req-7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Bond, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. Page 4776 /s/ Julian Bond Senator, 39th District Sworn to and subscribed before me, this 6th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY POWERS; STREET LIGHTS; ELECTRICAL SERVICE BILLING. No. 1189 (Senate Bill No. 569). AN ACT To amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), so as to provide additional powers to the authority; to empower the authority to make contracts and to execute all instruments necessary or convenient to bill customers of subdivisions for street lights constructed and installed in subdivisions and to pay for the costs of electrical service for such street lights; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. Page 4777 L. 1955, p. 2943), is amended by adding between Sections 4 and 5 a new Section 4A to read as follows: Section 4A. In addition to any other powers of the Authority, the Authority, subject to the prior approval of the governing authority of Cherokee County, shall be authorized to make contracts and to execute all instruments necessary or convenient to bill customers of subdivisions for street lights constructed and installed in subdivisions and to pay for the costs of electrical service for such street lights. Section 2. All laws and parts of laws in conflict with this Act are repealed. M-957 NOTICE OF HEARING Notice is hereby given that the Local Legislature will be introducing in the 1986 General Assembly a bill allowing CHEROKEE COUNTY WATER SEWERAGE AUTHORITY, to collect fees for lighting of Streets in certain Subdivisions. Dated this 3rd day of February, 1986. Local Legislature Delegation Location Legislature Delegation 2:5,12 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison, who, on oath, deposes and says that he is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: February 12, 1986. Carl Harrison Senator, 37th District Page 4778 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. CITY OF CLAYTON HOMESTEAD EXEMPTIONS; REFERENDUM. No. 1190 (Senate Bill No. 571). AN ACT To provide for a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 for residents of said city who are 65 years of age or over; to provide for matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. As used in this Act, the term homestead means a homestead as defined and qualified in O.C.G.A. Section 48-5-40. Section 2. (a) Each resident of the City of Clayton, Georgia, is granted an exemption on the resident's homestead from all City of Clayton ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $2,000.00. Page 4779 (b) Each resident of the City of Clayton, Georgia, who is 65 years of age or over is granted an exemption on the resident's homestead from all City of Clayton ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $4,000.00. The homestead exemption granted by this subsection shall be in lieu of and not in addition to the homestead exemption provided by subsection (a) of this section. Section 3. The governing authority of the City of Clayton or its designee shall provide application forms for the homestead exemptions granted by this Act and may require such information and documentation as may be reasonably necessary to determine the eligibility of an applicant for any such homestead exemption. The homestead exemptions granted by this Act shall be claimed and returned as provided in O.C.G.A. Section 48-5-50.1. It shall be the duty of any person granted a homestead exemption authorized by this Act to notify the governing authority of the City of Clayton or its designee in the event the person for any reason becomes ineligible for such exemption. Section 4. The homestead exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Clayton, Georgia, shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Clayton for approval or rejection. The election superintendent shall conduct that election on December 2, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Towns County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city Page 4780 and $4,000.00 for residents of said city who are 65 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Clayton. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 for residents of said city who are 65 years of age or over; and for other purposes. This 4th day of February, 1986. Honorable John C. Foster Senator, 50th District 26,13 C GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which Page 4781 is the official organ of Rabun County, on the following date: February 6, 1986. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. JASPER COUNTY BUSINESS LICENSES AND TAXES. No. 1191 (Senate Bill No. 573). AN ACT To authorize the governing authority of Jasper County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The governing authority of Jasper County is authorized to levy, assess, and collect business and occupational license taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of Page 4782 Jasper County, except those businesses specifically exempted by this Act. (b) The following businesses shall be exempt from taxes and fees imposed under this Act: (1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46 of the O.C.G.A.; and (3) Those businesses upon which local license taxes or license fees are imposed under any general law authorizing such local license taxes and license fees, unless such general law specifically authorizes local license taxes and license fees other than those to which it specifically relates. (c) The governing authority of Jasper County is authorized to classify businesses and to assess different taxes and fees against different classes of businesses being carried on in the unincorporated area of the county. (d) The governing authority of Jasper County is authorized to enact ordinances for the enforcement of this Act and to provide for the punishment of violations of such ordinances. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 2324 January 30 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, JASPER COUNTY Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to authorize the governing authority of Jasper County to impose business and occupational license taxes and license fees in the unincorporated areas of the county; and for other purposes. Page 4783 This 27th day of January, 1986. Honorable Culver Kidd Senator, 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following date: January 30, 1986. Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. CITY OF ATLANTA, FULTON COUNTY, AND DEKALB COUNTY CONTRACTS; HOSPITAL AUTHORITIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1192 (Senate Bill No. 585). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Atlanta, Fulton County, and DeKalb County, Page 4784 or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into (Resolution Act No. 315; Ga. L. 1943, p. 18); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into (Resolution Act No. 315; Ga. L. 1943, p. 18) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1943, p. 18) which relates to the authorization of the City of Atlanta and Fulton and DeKalb Counties to contract with each other or any hospital authority relative to hospitalization and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 4785 This 13th day of February, 1986. Henry R. Bauer, Jr. Fulton County Legislative Liason 16-3764,2/13 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Henry R. Bauer GA L 1943, p. 18, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13th day of February, 1986. /s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent Sworn to and subscribed before me, this 13th day of February, 1986. /s/ B. Lynn Crane Notary Public. My Commission Expires Dec. 4, 1989. (SEAL). Approved March 25, 1986. Page 4786 CITY OF ATLANTA, FULTON COUNTY, AND DEKALB COUNTY BONDS; GRANDSTANDS AND STADIUMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1193 (Senate Bill No. 586). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the issuance of revenue anticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, or either of them or by any public corporation created by them or either of them, to provide for funds for the construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facilities (Resolution Act No. 26; House Resolution No. 67-336A; Ga. L. 1947, p. 1759); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the issuance of revenue anticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, or either of them or by any public corporation created by them or either of them, to provide for funds for the construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facilities (Resolution Act No. 26; House Resolution No. 67-336A; Ga. L. 1947, p. 1759) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 4787 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of Georgia that constitutional amendment (Ga. L. 1947, p. 1759) which relates to the authorization of the Fulton County, DeKalb County, The City of Atlanta, and any public corporations created by them the issuance of revenue anticipation obligations (now called revenue bonds) to construct grandstands and stadiums and to levy taxes in support of such services; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 13th day of February, 1986. Henry R. Bauer, Jr. Fulton County Legislative Liason 16-3763,2/13 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Henry R. Bauer, Jr. GA L 1947, p. 1759, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13th day of February, 1986. /s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent Page 4788 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ B. Lynn Crane Notary Public. My Commission Expires Dec. 4, 1989. (SEAL). Approved March 25, 1986. POLK COUNTY TAX COMMISSIONER; COMPENSATION. No. 1194 (Senate Bill No. 598). AN ACT To amend an Act creating the office of tax commissioner of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3796), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3796), is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $28,500.00, payable in equal monthly installments from the funds of Polk County. All necessary clerical employees shall be employed by the tax commissioner and paid such salaries out of county funds Page 4789 as are approved and provided for in the annual budget submitted by the tax commissioner as hereinafter provided. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Polk County, Georgia, so as to change the compensation of the Tax Commissioner; to repeal conflicting laws; and for other purposes. This 18th day of February, 1986. POLK COUNTY, GEORGIA By Frank B. Lott Chairman, Board of Commissioners Feb. 20 No. 3520 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan Dean, who, on oath, deposes and says that he is Senator from the 31st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following date: February 20, 1986. /s/ Nathan Dean Senator, 31st District Page 4790 Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. CHARLTON COUNTY TAX COMMISSIONER; COMPENSATION; FEES. No. 1195 (Senate Bill No. 600). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), as amended, so as to change the compensation of the tax commissioner; to authorize the tax commissioner to retain certain fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), as amended, is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $21,600.00 payable in equal monthly installments from the funds of Charlton County. Section 2. Said Act is further amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Page 4791 Section 4. Except as provided in the next sentence, it is specifically provided that the salary provided in this Act for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by Code Section 48-5-180 of the Official Code of Georgia Annotated, relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest. The tax commissioner shall be entitled to those fees and commissions allowed by Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the sale of motor vehicle license plates by local tax officials, for his services rendered in the sale of such plates, and those fees authorized the tax commissioner when acting as ex officio sheriff for purposes of collecting taxes due the state and county by levy and sale under tax execution pursuant to the general laws relating to revenue and taxation. Except as hereinbefore provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Charlton County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is the purpose of this section to ensure that the tax commissioner of Charlton County shall receive, in addition to the salry set forth in Section 3, those fees and commissions related to the sale of motor vehicle license plates by local tax officials, for his services rendered in the sale of such plates and those fees authorized the tax commissioner when acting as ex officio sheriff for purposes of collecting taxes due the state and county by levy and sale under tax execution pursuant to the general laws relating to revenue and taxation. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector Page 4792 of Charlton County, approved March 4, 1964 (Ga. L. 1964, P. 2459), as amended, so as to change the compensation of the tax commissioner; and for other purposes. This 20th day of December, 1985. William J. Carter, Chm. 3;1-8c. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Riley Reddish, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following date: December 25, 1985; January 1, 1986; January 8, 1986. /s/ Riley Reddish Senator, 6th District Sworn to and subscribed before me, this 27th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 25, 1986. Page 4793 CHATTAHOOCHEE JUDICIAL CIRCUIT ASSISTANT DISTRICT ATTORNEYS IN MUSCOGEE COUNTY; COMPENSATION. No. 1223 (House Bill No. 1457). AN ACT To amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 711), so as to provide for the appointment of two assistant district attorneys; to change the maximum compensation of the assistant district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 711), is amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The district attorney of the Chattahoochee Judicial Circuit is authorized to appoint two assistant district attorneys who shall assist the district attorney in carrying out his duties and functions in the Superior Court of Muscogee County. Said assistant district attorneys shall serve at the pleasure of the district attorney of the Chattahoochee Judicial Circuit. In carrying out their functions and duties in the Superior Court of Muscogee County, said assistant district attorneys shall be clothed with all the authority of the district attorney. Each of such assistant district attorneys shall be compensated in an amount not less than Page 4794 $16,000.00 per annum nor more than $35,000.00 per annum, said amount to be determined by the district attorney and to be paid in equal monthly installments from the funds of Muscogee County. The assistant district attorneys authorized pursuant to this section shall devote their full time to the duties of their office and shall not otherwise engage in the practice of law during their tenure of office. Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the January, 1986 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing the office of Assistant District Attorney of Muscogee County, Georgia, approved February 17, 1966 (Ga. L. 1966, p. 18, 20) as amended, so as to change to two the number of Assistant District Attorneys; to change the compensation of said office; to provide an effective date for said change of compensation; and to repeal conflicting laws; and for other purposes. This 22nd day of January, 1986. William J. Smith District Attorney Chattahoochee Judicial Circuit Pub.Jan.24,1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: January 24, 1986. Page 4795 /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 27th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 26, 1986. CITY OF LYONS RECORDER'S COURT; APPEALS BY WRIT OF CERTIORARI. No. 1224 (House Bill No. 1509). AN ACT To amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, so as to provide for appeals from the recorder's court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, is amended by striking in its entirety Section 18 and inserting in its place a new Section 18 to read as follows: Section 18. Except where otherwise provided by general law for specific types of cases, appeals from the recorder's court shall be accomplished by writ of certiorari to the Page 4796 Superior Court of Toombs County under applicable provisions of general law. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend the City Charter of the City of Lyons, (GA. Laws 1907 p. 765) approved August 7, 1907, as amended, to provide for elimination of appeals from the Recorder's Court of the City of Lyons to the Mayor and City Council; and for other purposes. This 30th day of December, 1985. W. T. AIKEN, MAYOR, City of Lyons 4c1t-cofl GEORGIA, TOOMBS COUNTY Personally appeared before me, the undersigned authority duly authorized to administer oaths, Harold Rhoden, who on oath, deposes and says that he is the publisher for the Lyons Progress which is the official organ of Toombs County and states further that the attached copy of Notice of Intention to Introduce Legislation was published in the Lyons Progress on January 23, 1986. /s/ Harold Rhoden Sworn to and subscribed before me, this 23 day of January, 1986. /s/ Candace M. Smith Notary Public. My Commission Expires 9/1/89. (SEAL). Approved March 26, 1986. Page 4797 CHATHAM COUNTY COUNTY AND JUDICIAL OFFICERS; COMPENSATION. No. 1225 (House Bill No. 1552). AN ACT To provide for the compensation of certain public officials and judicial officers in Chatham County; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Each officer and official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall be not less than the salary set forth as follows: Tax commissioner $ 39,500.00 per annum Sheriff 42,800.00 per annum Clerk of the superior court 32,800.00 per annum Clerk of the state court 30,000.00 per annum Clerk of the probate court 26,000.00 per annum Judge of the recorder's court 57,000.00 per annum Judge of the probate court 44,000.00 per annum Judge of the juvenile court 42,000.00 per annum Judge of the state court 60,000.00 per annum Chief magistrate of the magistrate court 38,000.00 per annum Coroner 8,200.00 per annum Section 2 . Each official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not exceed the salary set forth as follows: Chairman of the Board of Commissioners $ 17,000.00 per annum Members of the Board of Commissioners 8,200.00 per annum Page 4798 Section 3. The salaries provided in Section 1 and Section 2 of this Act shall be paid in equal monthly installments from the funds of Chatham County. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of certain public officials and judicial officers; and for other purposes. This 20th day of Dec., 1985. Roy L. Allen State Representative Dec. 24 N Dist. # 127 Page 4799 appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of the Judges of State Court of Chatham County. This 20th day of Dec., 1985. Page 4800 Roy L. Allen, II State Representative House District # 127 Dec. 24 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of the Clerk of State Court of Chatham County. Page 4801 This 20th day of Dec., 1985. Roy L. Allen, II State Representative House District # 127 Dec. 24 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: Page 4802 NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of the Clerk of Probate Court of Chatham County. This 20th day of Dec., 1985. Roy L. Allen, II State Representative House District # 127 Dec. 24 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; Page 4803 That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of the Judge of Probate Court of Chatham County. This 20th day of Dec., 1985. Roy L. Allen, II II State Representative House District # 127 Dec. 24 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; Page 4804 That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of the Judges of Recorders Court of Chatham County. This 20th day of Dec., 1985. Roy L. Allen, II State Representative House district #127 Dec. 24 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business Page 4805 in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 24, 1985, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia legislation changing the compensation of the Judge of Magistrate Court of Chatham County. This 20th day of Dec., 1985. Roy L. Allen, II State Representatives House District #127 Dec. 24 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 27 day of December, 1985. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989. (SEAL). Approved March 26, 1986. Page 4806 HENRY COUNTY BUSINESS LICENSES AND TAXES; RACETRACKS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1226 (House Bill No. 1609). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 193 (House Resolution No. 680-1422) of the 1970 General Assembly (Ga. L. 1970, p. 1044) and which was duly ratified at the 1970 general election and which relates to authorizing the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in Henry County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 193 (House Resolution No. 680-1422) of the 1970 General Assembly (Ga. L. 1970, p. 1044) and which was duly ratified at the 1970 general election and which relates to authorizing the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in Henry County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Page 4807 Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Legal No. 917 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act authorizing the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County, approved April 2, 1974 (Ga. L. 1974, p. 3853), as amended by an Act approved March 30, 1977 (Ga. L. 1977, p. 4485); and for other purposes. This 17th day of January, 1986. Wesley Dunn 73rd District 1tc-1-22 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry County Herald which is the official organ of Henry County, on the following date: January 22, 1986. /s/ Wesley Dunn Representative, 73rd District Page 4808 Sworn to and subscribed before me, this 29th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. MUNICIPALITIES OF 150,000 OR MORESTREET IMPROVEMENT BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1227 (House Bill No. 1618). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to certain limitations (Res. Act No. 813; Ga. L. 1920, p. 25); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to certain limitations (Res. Act No. 813; Ga. L. 1920, p. 25) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia Page 4809 which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1920, p. 25, which amendment authorizes any municipality having a population of 150,000 or more to issue street improvement bonds subject to certain limitations; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4810 CITY OF ATLANTA REVENUE BONDS FOR REPAIRS AND IMPROVEMENTS OF WATER WORKS AND SANITATION SYSTEMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1228 (House Bill No. 1619). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation system (Res. Act No. 256; Ga. L. 1939, p. 8); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation system (Res. Act No. 256; Ga. L. 1939, p. 8) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution Page 4811 of the State of Georgia, as found in Ga. L. 1939, p. 8, which amendment authorizes the City of Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation system; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4812 CITY OF ATLANTA INDEPENDENT SCHOOL SYSTEM; ANNEXATION OF TERRITORY INTO CITY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1229 (House Bill No. 1620). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional territory and school property located in the annexed area become a part of the City of Atlanta independent school system (Res. Act No. 73; H.R. 182-969j; Ga. L. 1950, p. 458); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional territory and school property located in the annexed area become a part of the City of Atlanta independent school system (Res. Act No. 73; H.R. 182-969j; Ga. L. 1950, p. 458) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill Page 4813 to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1950, p. 458, which amendment provides that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional territory and school property located in the annexed area become a part of the City of Atlanta Independent School System; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4814 CITY OF ATLANTA ASSUMPTION OF BONDED INDEBTEDNESS OF FULTON COUNTY SCHOOL DISTRICT WHEN TERRITORY IS ANNEXED; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1230 (House Bill No. 1621). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into the city (Res. Act No. 51; S.R. 37; Ga. L. 1951, p. 881, as amended by Res. Act No. 218; H.R. 459-1136; Ga. L. 1960, p. 1441); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into the city (Res. Act No. 51; S.R. 37; Ga. L. 1951, p. 881, as amended by Res. Act No. 218; H.R. 459-1136; Ga. L. 1960, p. 1441) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4815 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1951, p. 881, as amended by Ga. L. 1960, p. 1441, which amendment provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into the city; and for other purposes. This 27th day of January, 1986. W. M. ALEXANDER Legislative Coordinator Jan 27 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4816 CITY OF ATLANTA MAXIMUM INDEBTEDNESS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1231 (House Bill No. 1622). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the maximum indebtedness which may be incurred by the City of Atlanta shall be 12 percent of the total tax digest (Res. Act No. 57; S.R. 42; Ga. L. 1956, p. 360); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing that the maximum indebtedness which may be incurred by the City of Atlanta shall be 12 percent of the total tax digest (Res. Act No. 57; S.R. 42; Ga. L. 1956, p. 360) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1956, p. 360, which amendment provides that the maximum indebtedness which Page 4817 may be incurred by the City of Atlanta shall be 12 percent of the total tax digest; and for other purposes. This 27th day of January, 1986. W. M. ALEXANDER Legislative Coordinator City of Atlanta Jan 27 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4818 CITY OF ATLANTA BONDED INDEBTEDNESS FOR WATER AND SOLID WASTE DISPOSAL SYSTEMS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1232 (House Bill No. 1623). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Atlanta to incur bonded indebtedness without the necessity of a referendum for the purpose of constructing and repairing water and solid waste disposal systems (Res. Act No. 199; H.R. 363-763; Ga. L. 1962, p. 1002); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta to incur bonded indebtedness without the necessity of a referendum for the purpose of constructing and repairing water and solid waste disposal systems (Res. Act No. 199; H.R. 363-763; Ga. L. 1962, p. 1002) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill Page 4819 to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1962, p. 1002, which amendment authorizes the City of Atlanta to incur bonded indebtedness without the necessity of a referendum for the purpose of constructing and repairing water and solid waste disposal systems; and for other purposes. This 27th day of January, 1986. W. M. ALEXANDER Legislative Coordinator City of Atlanta Jan 27 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4820 CITIES OF MORE THAN 300,000 COURTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1233 (House Bill No. 1624). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to create a new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts (Res. Act No. 81; H.R. 167-510; Ga. L. 1976, p. 963); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to create a new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts (Res. Act No. 81; H.R. 167-510; Ga. L. 1967, p. 963) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill Page 4821 to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1967, p. 963, which amendment authorizes the General Assembly to create a new court system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4822 CITY OF ATLANTA ISSUANCE OF BONDS FOR SCHOOL PURPOSES WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1234 (House Bill No. 1625). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without a referendum (Res. Act No. 191; S.R. 180; Ga. L. 1968, p. 1582); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without a referendum (Res. Act No. 191; S.R. 180; Ga. L. 1968, p. 1582) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the Page 4823 State of Georgia that constitutional amendment which authorizes the City of Atlanta to issue in any one year not in excess of $4,000,000.00 in principal amount of general obligation bonds for school purposes without a referendum (Res. Act No. 191; S.R. 180; Ga. L. 1968, p. 1582); and for other purposes. This 9th day of January, 1986. Tom Keating State Govermental Liaison Jan 10 1986 Req.-1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 10, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4824 CITY OF ATLANTA ISSUANCE OF BONDS FOR MUNICIPAL CORPORATE PURPOSES WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1235 (House Bill No. 1626). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for municipal corporate purposes without a referendum (Res. Act No. 193; S.R. 184; Ga. L. 1968, p. 1586); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for municipal corporate purposes without a referendum (Res. Act No. 193; S.R. 184; Ga. L. 1968, p. 1586) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill Page 4825 to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1968, p. 1586, which amendment provides a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for municipal corporate purposes without a referendum; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4826 CITY OF ATLANTA HISTORIC ZONES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1236 (House Bill No. 1628). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Atlanta to establish historic zones and to enact planning and zoning ordinances applicable thereto (Res. Act No. 268; H.R. 713-1512; Ga. L. 1968, p. 1826, as amended by Res. Act No. 241; S.R. 226; Ga. L. 1972, p. 1515); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta to establish historic zones and to enact planning and zoning ordinances applicable thereto (Res. Act No. 268; H.R. 713-1512; Ga. L. 1968, p. 1826, as amended by Res. Act No. 241; S.R. 226; Ga. L. 1972, p. 1515) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill Page 4827 to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1968, p. 1826, as amended by Ga. L. 1972, p. 1515, which amendment authorizes the City of Atlanta to establish historic zones and to enact planning and zoning ordinances applicable thereto; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4828 CITY OF ATLANTA AD VALOREM TAXES TO RETIRE CITY REVENUE OBLIGATIONS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1237 (House Bill No. 1630). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by the city (Res. Act No. 200; H.R. 302-1107; Ga. L. 1976, p. 1869); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by the city (Res. Act No. 200; H.R. 302-1107; Ga. L. 1976, p. 1869) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill Page 4829 to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1976, p. 1869, which amendment authorizes the City of Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by the city; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4830 CITY OF ATLANTA REVENUE BONDS FOR OFF-STREET PARKING FACILITIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1238 (House Bill No. 1631). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Atlanta to issue and sell revenue bonds for the construction of off-street parking facilities (Res. Act No. 182; H.R. 517-1361; Ga. L. 1980, p. 2112); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Atlanta to issue and sell revenue bonds for the construction of off-street parking facilities (Res. Act No. 182; H.R. 517-1361; Ga. L. 1980, p. 2112) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1980, p. 2112, which amendment authorizes the City of Atlanta to issue and sell revenue Page 4831 bonds for the construction of off-street parking facilities; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4832 COUNTIES OF 550,000 OR MORE COUNTY-WIDE PUBLIC LIBRARY SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1239 (House Bill No. 1633). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide for the creation of a countywide public library system within all counties having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the county to such system (Res. Act No. 132; H.R. 158; Ga. L. 1982, p. 2547); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to provide for the creation of a county-wide public library system within all counties having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the county to such system (Res. Act No. 132; H.R. 158; Ga. L. 1982, p. 2547) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 4833 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to maintain the provisions of an amendment to the Constitution of the State of Georgia, as found in Ga. L. 1982, p. 2547, which amendment authorizes the General Assembly to provide for the creation of a county-wide public library system within all counties having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the country to such system; and for other purposes. This 27th day of January, 1986. W. M. Alexander Legislative Coordinator City of Atlanta Jan 27, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lorenzo Benn, who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1986. /s/ Lorenzo Benn Representative, 38th District Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4834 CITY OF ATLANTA REDEVELOPMENT POWERS; REFERENDUM. No. 1240 (House Bill No. 1634). AN ACT To amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is amended by adding at the end of Section 1-102 thereof a new subsection (d) to read as follows: (d) The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., known as the `Redevelopment Powers Law,' as now or hereafter amended. These powers shall include without being limited to all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in said `Redevelopment Powers Law.' Section 2. The governing authority of the City of Atlanta may at any time direct the election superintendent of the City of Atlanta to issue the call for a special election for the purpose Page 4835 of submitting this Act to the electors of the City of Atlanta for approval or rejection. The governing authority of the City of Atlanta shall specify the date the special election is to be held, and the election superintendent shall issue the call for the special election at least 30 but not more than 60 days prior to the date thereof. The election superintendent of the City of Atlanta shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Atlanta to have and to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on the date the results of the special election are certified to the Secretary of State; otherwise Section 1 of this Act shall be void and of no force and effect. The expense of any such election shall be borne by the City of Atlanta. It shall be the duty of the election superintendent thereof to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of Atlanta, the Atlanta Board of Education and the Atlanta Independent Public School System, as a part of such City, intends to apply for the passage of local legislation at the 1986 Session of the General Assembly Page 4836 of Georgia, which convenes on Monday, January 13, 1986, to amend the Charter of the City of Atlanta, including the laws applicable to the Atlanta Board of Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes; and/or An Act to amend an Act to reorganize the Board of Education School System; to create a new structure for the Atlanta School System; to provide for the officials and employees of the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, and for other purposes. This 6th day of January 1986. William M. (Bill) Alexander Legislative Coordinator City of Atlanta Tom Keating Legislative Coordinator Atlanta Board of Education Atlanta Independent School System Jan 6 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara H. Couch, who, on oath, deposes and says that she is Representative from the 40th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 6, 1986. /s/ Barbara H. Couch Representative, 40th District Page 4837 Sworn to and subscribed before me, this 3rd day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. CITY OF SAVANNAH ISSUANCE OF BONDS WITHOUT A REFERENDUM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1241 (House Bill No. 1645). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 244; Senate Resolution No. 349; Ga. L. 1972, p. 1521); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 244; Senate Resolution No. 349; Ga. L. 1972, p. 1521) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued Page 4838 in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning NewsSavannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: LEGAL NOTICES 86-058-0115-220 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 4839 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment athorizing the Mayor and Alderman of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 244; Senate Resolution No. 349; Ga. L. 1972, p. 1521), to provide the authority for this Act; and for other purposes. This 25th day of January, 1986. Dyanne C. Reese Clerk of Council Jan. 25N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 29 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 26, 1986. Page 4840 WESTERN JUDICIAL CIRCUIT DISTRICT ATTORNEY; PERSONNEL PAID BY CLARKE COUNTY. No. 1242 (House Bill No. 1661). AN ACT To make permanent certain existing Clarke County paid staff positions with the office of the district attorney of the Western Judicial Circuit, namely, the positions of one county paid assistant district attorney, two county paid criminal investigators, and one county paid secretary; to provide for appointment to said staff positions by the district attorney; to provide that compensation for these positions shall be paid by Clarke County in salary amounts commensurate with equivalent existing state paid staff positions and county paid law enforcement positions; to provide for the appointment and compensation of a chief criminal investigator; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. In addition to those appointments authorized by subsection (b) of Code Section 15-18-14 of the O.C.G.A., the district attorney of the Western Judicial Circuit may appoint one assistant district attorney who shall be compensated by the governing authority of Clarke County. The assistant district attorney appointed pursuant to this section shall meet the qualifications and requirements of Code Section 15-18-21 of the O.C.G.A. and shall be appointed and compensated in the manner and amounts specified for state paid assistant district attorneys as set forth in Code Section 15-18-14 of the O.C.G.A., except that such compensation shall be paid from county funds. Section 2. In addition to the appointments authorized by Code Sections 15-18-17 and 15-18-18 of the O.C.G.A., the district attorney of the Western Judicial Circuit may employ one secretary who shall be compensated by the governing authority of Clarke County. The secretary employed pursuant to this section shall be appointed and compensated in the manner and amounts specified for state paid secretaries as set forth in subsections Page 4841 (b) and (c) of Code Section 15-18-17 of the O.C.G.A., except that such compensation shall be paid from county funds. Section 3. (a) The district attorney of the Western Judicial Circuit is authorized to employ two criminal investigators who shall be compensated by the governing authority of Clarke County and who shall be appointed and serve at the pleasure of the district attorney. Each investigator shall meet the requirements of and be a certified peace officer under the Peace Officers Standards and Training Act, Chapter 8 of Title 35 of the O.C.G.A. Each investigator shall have the power to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer and perform the same law enforcement duties as a sheriff. Each investigator shall be on call 24 hours per day that he or she is not on approved annual or sick leave. Each investigator shall be fully competent to conduct all phases of criminal investigations including the gathering and preservation of evidence for forensic analysis, the employment of photographic and electronic surveillance devices, and the assistance of counsel in the preparation and conduct of criminal trials. Each investigator shall have supervisory authority in conducting criminal investigations when so authorized by the district attorney. (b) The district attorney may appoint, subject to the provisions of subsection (a) of this section, one investigator to be the chief investigator for the Western Judicial Circuit. (c) Investigators appointed pursuant to subsection (a) of this section shall receive a starting salary of $18,000.00 per annum which may be increased in ten successive steps, each representing a 5 percent increase over the immediately preceding step. Twelve months subsequent to appointment under this Act, and on successive anniversary dates thereafter, the district attorney in his discretion may raise an investigator to the next higher step. In making appointments pursuant to this Act, the district attorney may credit a newly appointed investigator with one step credit over and above the entrance level of $18,000.00 for every three years' experience said appointee has as a certified peace officer under the terms of Code Sections 35-8-1 through 35-8-20 of the O.C.G.A. (d) A chief investigator appointed pursuant to subsection (b) of this section shall receive a starting salary of $22,000.00 Page 4842 per annum with raises and appointments to be made in the same manner as in subsection (c) of this section. In making appointments pursuant to this Act, the district attorney may credit a newly appointed chief investigator with one step credit over and above the entrance level of $22,000.00 for every three years' experience said appointee has as a certified peace officer under the terms of Code Sections 35-8-1 through 35-8-20 of the O.C.G.A. Section 4. Staff positions and appointments thereto authorized by this Act shall be limited in number and kind to the relevant number and kind of county paid staff positions existing on the effective date of this Act. This Act shall not be construed to require or authorize the appointment or employment of any additional staff over and above that existing on the effective date of this Act. No personnel will come under this Act until appointed pursuant to this Act. Compensation paid to an assistant district attorney, to criminal investigators, and to a secretary appointed pursuant to this Act shall be by the local governing authority providing compensation to said county paid staff on the effective date of this Act. This Act shall not limit the appointment and employment of additional staff as authorized by Code Section 15-18-20 of the O.C.G.A. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced in the 1986 Session of the General Assembly a bill to make permanent certain existing Clarke County-paid staff positions with the Office of the District Attorney, Western Judicial Circuit, to provide that compensation for these positions shall be paid by the local governing authority currently funding said positions in salary amounts commensurate with equivalent existing state-paid staff positions and country-paid law enforcement positions, to repeal conflicting laws, and for other purposes. This 14th day of January, 1986. Harry N. Gordon P.O. 13710 PN:1-17 Page 4843 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Argo, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald which is the official organ of Clarke County, on the following date: January 17, 1986. /s/ Bob Argo Representative, 68th District Sworn to and subscribed before me, this 5th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. CITY OF WAYCROSS COMMISSION; ELECTIONS; QUALIFICATIONS; VACANCIES; OATH. No. 1243 (House Bill No. 1670). AN ACT To amend an Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to provide for the Commission of the City of Waycross; to provide for election districts; to provide for the election of the commission; to provide for the qualification of members of the commission; to provide for existing members Page 4844 of the commission; to provide for filling vacancies on the commission; to provide for election procedures; to provide for the oath of office; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, is amended by striking Sections 6, 7, and 8 of said Act in their entirety and inserting in lieu thereof new Sections 6, 7, and 8 to read as follows: Section 6. (a) Notwithstanding any other provision of this charter or any amendatory Acts thereto, for the purpose of electing members of the Commission of the City of Waycross, the City of Waycross shall be divided into five election districts described as follows: Election District 1 Beginning at a point on Isabella Street where it intersects the City Limit line and running North along the City Limit line to its intersection with Carswell Avenue; thence east along Carswell Avenue to its intersection with the railroad tracks at Perham Street; thence running Northwest along the railroad tracks to the intersection with the railroad tracks at Brunswick Avenue; thence running southeast along said railroad tracks to the intersection of railroad tracks at Tebeau Street; thence running North along railroad track to the intersection of railroad tracks on State Street; thence running Southeast along State Street to Bailey Street; thence running Southwest along Bailey Street to Effie Street; thence running Southeast along Effie Street to Colley Street; thence running Northeast along Colley Street to Quarterman Street; thence running Southeast along Quarterman Street to Tebeau Street; thence running Northeast along Tebeau Street to Preston Street; thence Northwest along Preston Street to Spratt Street; thence running West along Spratt Street to Riverside Avenue; thence running North along Riverside Avenue to Crescent Street; thence Page 4845 running West along Crescent Street to Dorothy Street; thence running North along Dorothy Street to the City Limits at Blackshear Avenue then westerly and southerly along the City Limits to the point of beginning. Election District 2 Beginning at a point at the intersection of the Dixie Highway and City Boulevard; thence running Southwest along City Boulevard to Marion Street; thence running West along Marion Street to Burgess Street; thence running South along Burgess Street to House Street; thence running West along House Street to Council Street; thence running South along Council Street to Commons Street; thence running West along Commons Street to Blackwell Street; thence running North along Blackwell Street to Cabinet Street; thence running West along Cabinet Street to Emerson Street; thence running North along Emerson Street to Jackson Street; thence running Northwest along Jackson Street to Sweat Street; thence running South along Sweat Street to Walters Street; thence running Southeast along Walters Street to Greenwood Street; thence running Northeast to Browns Alley; thence running Southeast along Browns Alley to Hamilton Avenue; thence running West along Hamilton Avenue to Gilmore Street; thence running North along Gilmore Street to Chandler Street; thence running East along Chandler Street to Eads Street; thence running Southeast along Eads Street to Lee Avenue; thence running South along Lee Avenue to Congress Street; thence East along Congress Street to Sweat Street; thence running North along Sweat Street to Marion Street; thence running West along Marion Street to Lee Avenue; thence running North along Lee Avenue to Howe Street; thence running West along Howe Street to Gilmore Street; thence running North along Gilmore Street to Pendergast Street; thence running East along Pendergast Street to Lee Avenue; thence running North along Lee Avenue to Williams Street; thence running West along Williams Street and across the railroad crossing to Mary Street; thence running West along Mary Street to Tebeau Street; thence running North along Tebeau Street to the railroad track; thence running northwest along railroad Page 4846 track to State Street; thence running Southeast along State Street to Bailey Street; thence southwest along Bailey Street to Effie Street; thence running southeast along Effie Street to Colley Street; thence running Northeast along Colley Street to Quarterman Street; thence running Southeast along Quarterman Street to Tebeau Street; thence running southwest along Tebeau Street to State Street; thence running Southeast along State Street to Plant Avenue; thence running Southwest along Plant Avenue to Lee Avenue railroad crossing; thence Southwest across Lee Avenue Railroad crossing to Knight Avenue; thence running East along Knight Avenue to Harrison Street; thence running South along Harrison Street to Memorial Drive; thence running Southeast along Memorial Drive to Mays Street; thence running South along Mays Street to Reynolds Street; thence running East along Reynolds Street to Dixie Highway; thence running Southeast to City Boulevard, being the Point of Beginning. Election District 3 Beginning at a point at the City Limits on Overton Avenue; then running North along Overton Avenue to Lewis Street; thence running East along Lewis Street to Young Street; thence running North along Young Street to Hamilton Avenue; thence running East along Hamilton Avenue to Gilmore Street; thence running North along Gilmore Street to Chandler Street; thence running East along Chandler Street to Eads Street; thence running Southeast along Eads Street to the Lee Avenue; thence running South along Lee Avenue to Congress Street; thence East along Congress Street to Sweat Street; thence running North along Sweat Street to Marion Street; thence running West along Marion Street to Lee Avenue; thence running North along Lee Avenue to Howe Street; thence running West along Howe Street to Gilmore Street; thence running North along Gilmore Street to Pendergast Street; thence running East along Pendergast to Lee Avenue; thence running North along Lee Avenue to Williams Street; thence running West along Williams Street and across railroad crossing to Mary Street; thence running West along Mary Street Page 4847 to Tebeau Street; thence running North along Tebeau Street to railroad track at Brunswick Avenue; thence running Northwest along railroad track to intersection of railroad track at Perham Street if extended; thence running South along said railroad track to Carswell Avenue; thence running West along Carswell Avenue to the City Limits; thence running along the southerly and easterly City Limits to intersection with Overton Avenue, being the Point of Beginning. Election District 4 Beginning at a point at the City Limits on Seminole Trail; thence running West along Seminole Trail to Danora Drive; thence running North along Danora Drive to East Cherokee Drive; thence running West along East Cherokee Drive to Dean Drive; thence running South along Dean Drive to Seminole Trial; thence running West along Seminole Trail to Cherokee Drive; thence running South along Cherokee Drive to Coral Road; thence running West along Coral Road to Hill Street; thence running South along Hill Street to Euclid Avenue; thence running Northwest along Euclid Avenue to Screven Avenue; thence running Southwest along Screven Avenue to Dewey Street; thence running Northwest along Dewey Street to the railroad track; thence running Southwest along the railroad track to Knight Avenue; thence running Southeast along Knight Avenue to Harrison Street; thence running South along Harrison Street to Memorial Drive; thence running Southeast along Memorial Drive to Mays Street; thence running South along Mays Street to Reynolds Street; thence running East along Reynolds Street to the Dixie Highway; thence running Southeast along the Dixie Highway to City Boulevard; thence running South along City Boulevard to Marion Street; thence running West along Marion Street to Burgess Street; thence running South along Burgess Street to House Street; thence running West along House Street to Council Street; thence running South along Council Street to Commons Street; thence running West along Commons Street to Blackwell Street; thence running North along Blackwell Street to Cabinet Street; thence running West along Cabinet Street to Emerson Street; thence running Page 4848 North along Emerson Street to Jackson Street; thence running Northwest along Jackson Street to Sweat Street; thence running South along Sweat Street to Walters Street; thence running Southeast along Walters Street to Greenwood Street; thence running Northeast along Greenwood Street to Browns Alley; thence running Southeast along Browns Alley to Hamilton Avenue; thence running West along Hamilton Avenue to Young Street; thence running South along Young Street to Lewis Street; thence running West along Lewis Street to Overton Avenue; thence running South along Overton Avenue to the City Limits; thence running Easterly along the City Limits line to Seminole Trail, being the Point or Place of Beginning. Election District 5 Beginning at a point at the City Limits line of Doroth Street; thence running South along Dorothy Street to Crescent Street; thence running East along Crescent Street to Riverside Avenue; thence running South along Riverside Avenue to Spratt Street; thence running East along Spratt Street to Preston Street; thence Southeast along Preston Street to Tebeau Street; thence running Southwest along Tebeau Street to State Street; thence running Southeast along State Street to Plant Avenue; thence running southwest along Plant Avenue to the Lee Avenue Railroad crossing; thence running Southeast along Railroad crossing to its intersection with the railroad tracks; thence running northeast along railroad tracks to Dewey Street; thence running Southeast along Dewey Street to Screven Avenue; thence running Northeast along Screven Avenue to Euclid Avenue; thence running East along Euclid Avenue to Hill Street; thence North along Hill Street to Coral Road; thence running East along Coral Road to Cherokee Drive; thence North along Cherokee Drive to Seminole Trial; thence East along Seminole Trail to Dean Drive; thence running North along Dean Drive to East Cherokee Drive; thence running East along East Cherokee Drive to Danora Drive; thence running South along Danora Drive to Seminole Trail; thence running East along Seminole Trail to the City Limits line; thence running north and Page 4849 northwesterly along the City Limits line to Dorothy Street, being the point of beginning. (b) For the purposes of this section: (1) Whenever the description of any election district refers to a city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (2) Any part of the City of Waycross which is not included in any election district described in this section shall be included within that election district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 7. Notwithstanding any other provision of this charter or any amendatory Acts thereto: (1) The Commission of the City of Waycross shall be composed of five commissioners elected from the election districts described in Section 6 of this Act. Each member shall reside within the election district he represents and each member shall be elected by a majority of the qualified electors voting within each district. Each member of the commission shall, at the time he qualifies to run for office, be a resident of the election district which he seeks to represent, be at least 25 years of age, and be a qualified voter of the City of Waycross. Each member of the commission shall, during his term of office, continue to meet such qualifications. No person holding the office of commissioner shall hold any other public office or employment, except that of notary public or member of the state militia. (2) Members of the Commission of the City of Waycross who are in office on January 31, 1986, and who represent Election Districts 1, 2, and 3 shall serve until the expiration of the terms to which they were elected. At the city election held in 1989 and at the city election Page 4850 held every four years thereafter, the members of the commission representing Election Districts 1, 2, and 3 shall be elected for terms of office of four years beginning on January 1 following such elections. (3) Members of the Commission of the City of Waycross who are in office on January 31, 1986, and who represent Election Districts 4 and 5 shall serve until the expiration of the terms to which they were elected. At the city election held in 1987 and at the city election held every four years thereafter, the members of the commission representing Election Districts 4 and 5 shall be elected for terms of office of four years beginning on January 1 following such elections. (4) In the event a vacancy occurs on the commission for any reason other than the expiration of the term of office, the Commission or those remaining shall order a special election to elect a member to serve for the remainder of the unexpired term. The commissioner elected to fill the vacancy must meet the qualifications set forth in paragraph (1) of this section and shall be elected by a majority of the qualified electors voting within the election district in which the vacancy occurs. The special election shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' (5) All members of the commission shall serve until their successors are elected and qualified. Section 8. Except as provided otherwise, all elections shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' and the commission shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under that chapter. Section 2. Said Act is further amended by striking Section 11 of said Act, relating to oaths of office, and inserting in lieu thereof a new Section 11 to read as follows: Page 4851 Section 11. Prior to taking office, each commissioner shall take and subscribe the following oath which shall be administered by any person qualified to administer oaths: `I do solemnly swear that I will faithfully demean myself as a commissioner of the City of Waycross and that I have and will continue to uphold the laws of the City of Waycross, the State of Georgia, and the United States of America. I do further swear that I will discharge my duties as commissioners without the influence of fear, favor, affection, or reward or the hope thereof, but in all things pertaining to said office, I will be wholly governed by my convictions as to the public good. So help me God.' Section 3. Said Act is further amended by striking the first two undesignated paragraphs of Section 7 of an amendatory Act, approved August 16, 1922 (Ga. L. 1922, p. 1087), which read as follows: Each member of said Commission for at least two years immediately prior to his or her election, shall have been a qualified voter of the City of Waycross, and shall during his or her term of office continue to be a resident of the City of Waycross and a qualified voter thereof, and shall be at least twenty-five years of age. No person holding the office of Commissioner shall hold any other public office or employment, except that of notary public or member of the State Militia. No person shall be eligible to be voted on for the office of Commissioner at any election unless a nominating petition signed by at least fifty persons whose names shall appear on the last registration list of said city, and who are qualified voters of said city, shall be filed with the city clerk at least ten days before the election. Qualified voters may sign as many as five nominating petitions, but no more. Section 4. Until December 31, 1987, the Commission of the City of Waycross shall be composed of six members with Election District 4 being represented by two commissioners until such date. Page 4852 Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing and establishing a new charter for the City of Waycross, approved August 12, 1909 (Ga. L. 1909, p. 1456), as ammended; and for other purposes. This 23 day of January, 1986. Harry D. Dixon Rep. Dist. 151 2-1-1Sat. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 1, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. Page 4853 JASPER COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 1244 (Senate Bill No. 574). AN ACT To amend an Act creating a board of commissioners for Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to change the compensation of the chairman and other members of said board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, is amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The chairman shall receive the sum of $400.00 per month as full compensation for his services. The other members shall each receive the sum of $300.00 per month as full compensation for their services. Expenses for official county business which are incurred while outside the county may be reimbursed to the chairman and other members at the rate of 10 per mile and, in addition, actual expenses for meals and lodging. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 2326 January 30 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, JASPER COUNTY Notice is given that there will be introduced at the regular Page 4854 1986 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended; and for other purposes. This 27th day of January, 1986. Honorable Culver Kidd Senator, 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following date: January 30, 1986. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 26, 1986. Page 4855 SPALDING COUNTY HOMESTEAD EXEMPTIONS FOR RESIDENTS 62 OR OLDER OR TOTALLY DISABLED; REFERENDUM. No. 1245 (Senate Bill No. 581). AN ACT To provide that certain property in the homestead of each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from Spalding County and Spalding County School District ad valorem taxation; to provide the amount of and qualifications for said exemptions; to provide for all matters related to the foregoing; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The homestead of each resident of Spalding County who is totally disabled or 62 years of age or older and who received less than $12,500.00 of income during the preceding calendar year shall be entirely exempt from Spalding County taxation. (b) For purposes of this Act, the income of a person shall include the gross income from all sources of the person plus the gross income from all sources of each member of the person's family who resides in the homestead. (c) For purposes of this Act, homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but shall not include more than the residence and three acres of land. (d) For purposes of this Act, a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Spalding County shall require appropriate proof of such disability, including if Page 4856 necessary the affidavits of not more than two licensed physicians as to the person's disability. (e) The exemptions granted by this Act shall apply only to ad valorem taxes levied by Spalding County for county purposes, including but not limited to taxes levied to retire county bonded indebtedness, and taxes levied for the support of the Spalding County School District, including but not limited to taxes levied to retire bonded indebtedness of the school district. (f) The exemptions granted by this Act shall apply to taxes for the year 1987 and future years. (g) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of Spalding County or the Spalding County School District. (h) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; and, except as expressly provided otherwise in this Act, all provisions of general state law which apply to said exemption shall apply to the exemptions granted by this Act. Section 2. On the date and at the time of the general primary in 1986, the election superintendent of Spalding County shall hold and conduct an election for the purpose of submitting this Act to the voters of Spalding County for approval or rejection. The superintendent shall issue the call for the election not less than 30 nor more than 60 days prior to the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of Spalding County. The ballot shall have printed thereon the words: () YES () NO Shall the Act be approved which provides that certain property in the homestead of each resident of Spalding County who is totally disabled or Page 4857 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from Spalding County and Spalding County School District ad valorem taxation? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become effective immediately; otherwise said Section 1 of this Act shall be void and this Act shall be automatically repealed upon certification of the results of the election under this section. The expense of the election shall be borne by Spalding County. The election superintendent shall hold and conduct the election and certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL 5064 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that certain property in the homestead of each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from Spalding County and Spalding County School District ad valorem taxation; and for the other purposes. This 8th day of February, 1986. /s/ Kyle T. Cobb Honorable Kyle T. Cobb Senator, 28th District. Feb. 13, 1986 Page 4858 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kyle T. Cobb, who, on oath, deposes and says that he is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: February 13, 1986. /s/ Kyle T. Cobb Senator, 28th District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 26, 1986. WAYNE COUNTY TAX COMMISSIONER; COMPENSATION; EMPLOYEES. No. 1246 (Senate Bill No. 597). AN ACT To amend an Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis, approved February 28, 1966 (Ga. L. 1966, p. 2582), so as to change the compensation of that tax commissioner; to delete certain provisions regarding employees needed in the issuing of license plates; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 4859 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis, approved February 28, 1966 (Ga. L. 1966, p. 2582), is amended by striking Section 2 thereof, which reads as follows: Section 2. The annual salary of the tax commissioner shall be $7,900.00 payable in equal monthly payments from the general funds of Wayne County., and inserting in its place a new Section 2 to read as follows: Section 2. The annual salary of the tax commissioner of Wayne County shall be $32,500.00, payable in equal semi-monthly installments from the general funds of Wayne County. The annual amount of that salary shall be automatically increased, effective July 1 of each year after 1986, by the percentage amount of any general law salary increase for the immediately preceding calendar year. For purposes of this section, `general law salary increase' means the increase in the minimum salary for tax commissioners for one calendar year over that salary for the immediately preceding calendar year as that minimum salary is specified by general law for the population brackets applicable to Wayne County. Section 2. Said Act is further amended by striking from Section 3 thereof the following: ,except extra help needed in the actual issuing of license plates, which will be furnished by tax commissioners, so that when so amended that Section 3 shall read as follows: Section 3. The tax commissioner shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The tax commissioner shall at least ninety days before the first day of January each year, beginning with January, 1967, recommend to the governing authority of Wayne County the number Page 4860 of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the tax commissioner, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants or other employees and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Section 3. Said Act is further amended by striking Section 6 thereof, which reads as follows: Section 6. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, which commissions the tax commissioner shall be entitled to receive and retain. Also fees provided under Georgia Law 1955, pp. 659-662, amended 1957, p. 197, for services rendered as tag agent designated by State Revenue Commissioner., and inserting in its place a new Section 6 to read as follows: Section 6. It is specifically provided that the salary provided in this Act for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except that the tax commissioner shall receive the commission permitted as compensation to tag agents pursuant to subsection (b) of Code Section 40-2-30 of the O.C.G.A. Section 4. This Act shall become effective July 1, 1986. Section 5. All laws and parts of laws in conflict with this Act are repealed. Page 4861 NOTICE of Intent to Introduce Local Legislation Notice to introduce in the regular session of the 1986 General Assembly of Georgia, a bill to amend an act placing the Tax Commissioner of Wayne County on a Salary Basis in lieu of a Fee Basis; approved 2-28-1966 (Ga. Law 1966 pg. 2582); and for other purposes. Al Szoke Tax Commissioner of Wayne County February 21, 1986 no. 702 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Riley Reddish, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which is the official organ of Wayne County, on the following date: February 21, 1986. /s/ Riley Reddish Senator, 6th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved March 26, 1986. Page 4862 CITY OF VADALIA SCHOOL DISTRICT; POWERS OF BOARD OF EDUCATION; REFERENDUM. No. 1247 (House Bill No. 1833). AN ACT To amend an Act creating a system of public schools for the City of Vidalia, approved August 20, 1906 (Ga. L. 1906, p. 1104), as amended by an Act approved August 8, 1914 (Ga. L. 1914, p. 1209), an Act approved August 18, 1917 (Ga. L. 1917, p. 895), an Act approved August 16, 1920 (Ga. L. 1920, p. 1753), an Act approved August 17, 1925 (Ga. L. 1925, p. 1530), an Act approved April 10, 1926 (Ga. L. 1926, p. 207), and an Act approved February 17, 1953 (Ga. L. 1953 Jan.-Feb. Sess., p. 2339), so as to provide that the School District of the City of Vidalia shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name; to provide that title to all real estate now held or used in the City of Vidalia by the Vidalia board of education shall be vested in said board with a stated exception; to authorize said board to acquire property by the exercise of eminent domain for school purposes; to authorize said board to sell, lease, or otherwise dispose of school property when the same is no longer needed or useful for school purposes; to provide that said board shall annually certify to the fiscal authority of the City of Vidalia a school tax subject to stated limitations for the support and maintenance of education in the City of Vidalia; to provide that the fiscal authorities of the City of Vidalia shall levy said taxes and turn over same to the board of education; to provide a procedure whereby the tax limitation may be increased or removed altogether by a referendum of the people; to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended by an Act approved March 5, 1976 (Ga. L. 1976, p. 2860), an Act approved March 5, 1976 (Ga. L. 1976, p. 2862), an Act approved March 13, 1978 (Ga. L. 1978, p. 3647), and an Act approved March 18, 1983 (Ga. L. 1983, p. 4362), so as to conform conflicting provisions; to provide that said provisions of this Act shall become effective only upon its approval by the people in a referendum; to amend said Acts so as to make alternative provisions for the fixing of the mill rate of school taxes by the governing authority of the Page 4863 City of Vidalia, said alternative provisions to become effective if said other foregoing provisions are defeated at said referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I Section 1-1. An Act creating a system of public schools for the City of Vidalia, approved August 20, 1906 (Ga. L. 1906, p. 1104), as amended by an Act approved August 8, 1914 (Ga. L. 1914, p. 1209), an Act approved August 18, 1917 (Ga. L. 1917, p. 895), an Act approved August 16, 1920 (Ga. L. 1920, p. 1753), an Act approved August 17, 1925 (Ga. L. 1925, p. 1530), an Act approved April 10, 1926 (Ga. L. 1926, p. 207), and an Act approved February 17, 1953 (Ga. L. 1953 Jan.-Feb. Sess., p. 2339), is amended by striking Section 2, relating to the composition, powers, terms, and qualifications of the board of education and substituting in lieu thereof a new Section 2 to read as follows: Section 2. There is created a body corporate and politic to be known and designated as `The School District of the City of Vidalia,' with power to hold and dispose of real and personal property in that name. Said school district shall be under the government, management, and control of a board of education which shall consist of five members. Those members now in office shall serve out the remainder of their terms for which elected. Thereafter, their successors shall be elected at the same time as elections are held for the mayor and council of the City of Vidalia. Members shall be elected for terms of four years each and until their successors are elected and qualified. If a vacancy occurs by resignation or otherwise, the board shall fill said vacancy by appointment for the remainder of the unexpired term. No person shall be eligible to serve as a member of said board who is not a citizen of the City of Vidalia, who is not at least 21 years of age, or who is not a qualified voter of said city. The board shall annually elect one of its members as chairman. Said board of education shall have power to acquire property, both real and personal, by purchase, rental, donation, the exercise of the power of eminent domain, or otherwise. Page 4864 Such board is invested with the title, care, and custody of all schoolhouses or other property used in the school district for educational purposes, including administrative offices, storage, maintenance, and all other education related uses, with power to control such property in such manner as it thinks will best serve the interest of the public schools. When, in the opinion of the board, any schoolhouse site or other property has become unnecessary or inconvenient, the board may sell it in the name of the school district; and the conveyance for any such sale shall be executed by the chairman, upon authorization by the board. Title to the property known as the `First Street School' shall, however, be vested in the school district and the City of Vidalia as tenants in common. Section 1-2. Said Act of 1906 is further amended by striking Section 7, relating to acquisition of school buildings, and substituting in lieu thereof a new Section 7 to read as follows: Section 7. The board of education shall purchase or otherwise acquire schoolhouses and related properties by purchase, construction, leasing, or the exercise of eminent domain; and the board shall properly furnish same for school purposes. Section 1-3. Said Act of 1906 is further amended by striking Section 12, relating to the levy of a tax for education by the mayor and council of Vidalia, and substituting in lieu thereof a new Section 12 to read as follows: Section 12. (a) The board of education shall annually certify to the mayor and council of Vidalia a school tax not greater than 15 mills per dollar upon the assessed value of all property for the support and maintenance of education. Said mill-rate limitation shall be a limitation only upon the power of taxation and shall not limit or otherwise affect any revenue sharing or other funds received by the school district from sources other than the local ad valorem tax. Said mayor and council shall annually levy said tax upon the assessed value of all taxable property within the City of Vidalia. (b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical Page 4865 schools, public education, and activities necessary or incidental thereto, including school lunch purposes. (c) The 15 mill limitation provided in subsection (a) of this section may be removed or increased under the procedure set out in this subsection. The board of education, in order to initiate the procedure, must pass a resolution recommending that the limitation be removed and, upon presentation of such resolution to the election superintendent of the city, the election superintendent shall issue the call for an election to determine whether such limitation shall be removed. Such election shall be called and held as soon after adoption of the resolution as is reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under general state law. The election shall be set to be held on a date not less than 31 nor more than 60 days from the date of the issuance of the call. The date and purpose of the election shall be published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the board of education voting in such election vote in favor of such proposal, there shall be no mill-rate limitation and the board of education may certify any number of mills for the purposes set out in subsection (b) of this section. In lieu of recommending that the limitation be removed entirely, the board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and, if the proposal is favorably voted upon, the board of education may certify any number of mills up to the specified amount. It shall be the duty of the mayor and council to hold the election, to canvass the returns, and to declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the school district. (d) Ad valorem taxes collected by the City of Vidalia for the support of the school district shall be paid over to the board of education by the governing authority of the city according to the schedules set out in this subsection. The dates by which such payment is required in each year referred to below shall refer to payment by such date in such year of taxes collected for the previous year. Page 4866 (1) In calendar years 1987, 1988, and 1989 amounts payable to the board of education each year shall be paid in 12 equal installments not later than the first day of each month. (2) In calendar years 1990, 1991, and 1992 amounts payable to the board of education each year shall be paid in four equal installments not later than the tenth day of each calendar quarter. (3) In calendar years 1993 and 1994 amounts payable to the board of education each year shall be paid in two equal installments not later than January 10 and July 10. (4) In calendar year 1995 and future calendar years amounts payable to the board of education each year shall be paid in one total payment not later than January 10. (e) The mayor and council of Vidalia shall also have authority, in their discretion, to pay over to the School District of the City of Vidalia for the support and maintenance of the public schools such other funds as the city may have which are not needed for other purposes. Section 1-4. Said Act of 1906 is further amended by striking Section 8, relating to the keeping of accounts, and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The board of education shall keep accurate accounts of all moneys or property received by them for the use of said public schools and of all expenditures made by them. These accounts shall at all times be open to inspection by proper authorities of the state and by any citizen of the city. The board shall also prepare an annual report as to the condition of the schools, together with proper statements of all moneys received and all moneys expended. Such reports shall likewise be subject to inspection as provided in this section. Section 1-5. Said Act of 1906 is further amended by striking in its entirety Section 9, relating to annual financial reports. Page 4867 Section 1-6. An Act providing a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended by an Act approved March 5, 1976 (Ga. L. 1976, p. 2860), an Act approved March 5, 1976 (Ga. L. 1976, p. 2862), an Act approved March 13, 1978 (Ga. L. 1978, p. 3647), and an Act approved March 18, 1983 (Ga. L. 1983, p. 4362), is amended by striking Section 4-35, relating to the levy of taxes by the city for the support of education, and substituting in lieu thereof a new Section 4-35 to read as follows: Section 4-35. Levy of ad valorem tax for school purposes. (a) Amount, scope of tax. The mayor and council shall levy and collect annually the tax for school purposes as certified to it by the board of education, upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, money employed in banking and otherwise. The mayor and council shall enforce the collection of same by execution, levy, and sale as the mayor and council shall provide. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such taxes shall be due, in what length of time said taxes shall be paid, and when tax executions shall issue against defaulters and to fix a penalty for the nonpayment of such taxes when due. Part II Section 2-1. An Act creating a system of public schools for the City of Vidalia, approved August 20, 1906 (Ga. L. 1906, p. 1104), as amended by an Act approved August 8, 1914 (Ga. L. 1914, p. 1209), an Act approved August 18, 1917 (Ga. L. 1917, p. 895), an Act approved August 16, 1920 (Ga. L. 1920, p. 1753), an Act approved August 17, 1925 (Ga. L. 1925, p. 1530), an Act approved April 10, 1926 (Ga. L. 1926, p. 207), and an Act approved February 17, 1953 (Ga. L. 1953 Jan.-Feb. Sess., p. 2339), is amended by striking Section 12, relating to the levy of a tax for education by the mayor and council of Vidalia, and substituting in lieu thereof a new Section 12 to read as follows: Section 12. (a) The board of education shall annually recommend to the mayor and council of Vidalia a mill rate Page 4868 for a school tax to be levied by the mayor and council for the support and maintenance of education. The recommendation of the board of education shall be advisory only; and the number of mills of school tax to be actually levied shall be determined by the mayor and council in its sole discretion. (b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes. (c) Ad valorem taxes collected by the City of Vidalia for the support of the school district shall be paid over to the board of education by the governing authority of the city in 12 equal installments not later than the first day of each month of the year following the year for which such taxes were collected. Each such installment shall bear interest from the first day of January of the year in which the installment is due at the same rate of interest as the lowest rate of interest offered, as of said first day of January, on one-year certificates of deposit by any financial institution in the City of Vidalia. The board of education and the mayor and council of Vidalia may, however, by written contract provide for a different rate of interest from that specified by this subsection. Section 2-2. Said Act of 1906 is further amended by striking in its entirety Section 9, relating to annual financial reports. Section 2-3. An Act providing a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended by an Act approved March 5, 1976 (Ga. L. 1976, p. 2860), an Act approved March 5, 1976 (Ga. L. 1976, p. 2862), an Act approved March 13, 1978 (Ga. L. 1978, p. 3647), and an Act approved March 18, 1983 (Ga. L. 1983, p. 4362), is amended by striking Section 4-35, relating to the levy of taxes by the city for the support of education, and substituting in lieu thereof a new Section 4-35 to read as follows: Section 4-35. Levy of ad valorem tax for school purposes. (a) Amount, scope of tax. The mayor and council shall have power and authority to levy and collect a tax Page 4869 annually, for school purposes, of not more than 30 mills upon every dollar of assessed valuation. The recommendation of the board of education of the School District of the City of Vidalia with respect to the amount of such levy shall be advisory only; and the number of mills of school tax to be actually levied shall be determined in the sole discretion of the mayor and council. Such tax shall be upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise. The mayor and council shall enforce the collection of same by execution, levy, and sale as the mayor and council shall provide. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such taxes shall be due, in what length of time said taxes shall be paid, and when tax executions shall issue against defaulters and to fix a penalty for the nonpayment of such taxes when due. Part III Section 3-1. After this Act is approved by the Governor or becomes law without such approval, the election superintendent of the City of Vidalia shall hold and conduct a special election for the purpose of submitting this Act to the electors of the School District of the City of Vidalia. Such election shall be called and conducted as soon after this Act becomes law as is reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under general state law. The election shall be set to be held on a date not less than 31 and not more than 45 days from the date of issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Toombs County. The ballot shall have written or printed thereon the words: () YES () NO Shall the provisions of the Act authorizing the School District of the City of Vidalia to hold and dispose of school property and to annually certify the levy of a tax on property Page 4870 in the City of Vidalia for the support of the public schools of said city be approved? The expense of such election shall be borne by the board of education. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3-2. (a) All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote against approval shall vote No. If more than one-half of the votes cast are for approval, then Part I of this Act, consisting of Sections 1-1 through 1-6, shall become effective; and Part II of this Act, consisting of Sections 2-1 through 2-3 of this Act shall be void and of no force or effect. If more than one-half of the votes cast are against approval, then Part II of this Act shall become effective immediately upon certification of the results of the special election and Part I of this Act shall be void and of no force or effect. (b) If Part I of this Act becomes effective, then Sections 1-1 and 1-2 of this Act shall become effective immediately upon certification of the results of the special election and the remaining Sections of Part I of this Act shall become effective January 1, 1987. Section 3-3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION OF INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a system of public schools for the City of Vidalia, approved August 20, 1906 (Ga. L. 1906, p. 1104), as amended by an Act approved August 8, 1914 (Ga. L. 1914, p. 1209), an Act approved August 28, 1917 (Ga. L. 1917, p. 895), an Act approved August 16, 1920 (Ga. L. 1920, p. 1753), an Act approved August 17, 1925 (Ga. L. 1925, p. 1530), an Act approved April 10, 1926, (Ga. L. 1926, p. 207), and an Act approved February 17, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 2339), so as to provide Page 4871 that the School District of the City of Vidalia shall be a body corporate and politics with authority to; purchase, acquire, lease, condemn, and hold real estate in that name; to provide that title to all real estate now held or used in the City of Vidalia by the Vidalia board of education shall be vested in said board with a stated exception; to authorize said board to acquire property by the exercise of eminent domain for school purposes; to authorize said board to sell, lease, or otherwise dispose of school property when the same is no longer needed or useful for school purposes; to provide that said board shall annually certify to the fiscal authority of the City of Vidalia school tax subject to stated limitation for the support and maintenance of education in the City of Vidalia; to provide that the fiscal authorities of the City of Vidalia shall levy said taxes and turn over same to the board of education; to provide a procedure whereby the tax limitation may be increased or removed altogether by a referendum of the people; to amend an Acy creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended by an Act approved March 5, 1976 (Ga. L. 1976, p. 2860), an Act approved March 5, 1976 (Ga. L. 1976, p. 2862), an Act approved March 13, 1978 (Ga. L. 1978, p. 3647), and an Act approved March 18, 1983 (Ga. L. 1983, p. 4362), so as to conform conflicting provisions; to provide that said provisions of this Act shall become effective only upon its approval by the people in a referendum; to amend said Acts so as to make alternative provisions for the fixing of the mill rate of school taxes by the governing authority of the City of Vidalia, said alternative provisions for the fixing of the mill rate of school taxes by the governing authority of the City of Vidalia, said alternative provisions to become effective if said other foregoing provisions are defeated at said referendum; and for other purposes. This 14th day of Jan., 1986. 3c1t-cov-at GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: January 16, 1986. Page 4872 /s/ L. L. Pete Phillips Representative, 120th District Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 26, 1986. CITY OF ISLANDSINCORPORATION; CHARTER; REFERENDUM. No. 1248 (House Bill No. 2071). AN ACT To propose the incorporation and provide a proposed charter for the City of Islands in Chatham County; to provide for the corporate limits of the city, the powers of the city, the form and method of government of the city, the administration of city affairs, the municipal court of the city, elections for city offices, taxation by the city, and the financial management of the city; to provide for all related matters; to provide for a referendum; to provide additional conditions for this Act to become effective; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 4873 ARTICLE I INCORPORATION AND POWERS Section 1.10. Proposed incorporation. The City of Islands in Chatham County is proposed for incorporation by the enactment of this proposed charter. Section 1.11. Corporate boundaries. (a) The boundaries of this city shall be those described and set forth in Appendix A which is attached to and made a part of this charter. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the mayor of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Islands, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the mayor. Section 1.12. Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1.13. Examples of powers. The powers of the city shall include, but are not limited to, the following powers: (1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property in the city; Page 4874 (2) Other taxes: to levy, assess, and collect other taxes allowed by general law; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the city and any other lawful purpose; (5) Municipal debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose; (8) Condemnation: to condemn property inside or outside the city for present or future use; (9) Municipal utilities: to acquire, lease, operate, and dispose of public utilities; (10) Public utilities: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, golf courses, and other public improvements inside or outside the city; (13) Sidewalk maintenance: to require real estate owners to repair and maintain sidewalks adjoining their land; (14) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; Page 4875 (15) Planning and zoning: to provide for city planning by zoning, subdivision regulation, and the like; (16) Police power: to exercise the police power for the public safety and well-being of the city; (17) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (18) Health: to prescribe and enforce health and sanitation standards; (19) Pollution: to regulate emissions which pollute the air and water; (20) Fire safety: to fix fire limits and to prescribe and enforce fire-safety regulations; (21) Public hazards: to provide for the destruction or removal of public hazards; (22) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (23) Garbage fees: to fix and collect garbage fees; (24) Sewer fees: to fix and collect sewer fees; (25) Nuisances: to define and provide for the abatement of nuisances; (26) Property protection: to preserve and protect the property of the city; (27) Prisoners: to provide for public work by municipal prisoners and for their confinement; (28) Animal control: to regulate or prohibit the keeping of animals; (29) Motor vehicles: to regulate the operation and parking of motor vehicles; (30) Taxicabs: to regulate vehicles operated for hire in the city; Page 4876 (31) Pensions: to provide and maintain a system of pensions and retirement for city employees and officers; (32) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (33) Contracts: to enter into lawful contracts and agreements; (34) City agencies: to create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer appropriate authority upon them; (35) Penalties: to provide penalties for violations of municipal ordinances; (36) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department; (37) Emergencies: to provide for the determining, proclamation, and combating of emergencies; (38) Urban redevelopment: to organize and operate an urban redevelopment program; (39) Public transportation: to organize and operate public transportation systems; (40) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and (41) Other powers: to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter; and to exercise all powers now or in the future authorized to be exercised by other Page 4877 municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers. Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provision, such shall be carried into execution as provided by ordinance. ARTICLE II GOVERNMENT STRUCTURE Section 2.10. City council creation; composition; number; election. The legislative authority of the government of this city except as otherwise specifically provided in this charter shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. City council terms and qualifications for office. The mayor and council members shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she is a qualified municipal voter and shall have been a resident of the city for two years immediately prior to the date of his or her election. The mayor and each council member shall continue to reside therein during their period of service. No person shall be eligible to serve as a council member unless he or she is at least 25 years of age, and no person shall be eligible to serve as mayor unless he or she is at least 30 years of age. Section 2.12. Vacancy; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Page 4878 Section 2.13. Compensation of expenses. (a) Until changed as provided in subsection (b), the mayor shall receive an annual salary of $2,400.00 and a council member shall receive an annual salary of $600.00. (b) The compensation of the mayor and council members may be changed by ordinance, but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Holding other office. Except as authorized by general state law, the mayor or any council member shall not hold any other city office or city employment during the term for which he or she was elected. Section 2.15. Conflict of interest. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interests of himself or himself or others; Page 4879 (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council. Page 4880 (e) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) above shall be ineligible for appointment or election to, or employment in, a position in the city government for a period of three years thereafter. Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.17. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.18. Organization meeting. The city council shall meet for organization on the first Tuesday in January of each year or as soon thereafter as practicable. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (of affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice Page 4881 of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where waiver by all members is effected by their presence or in writing, only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of all meetings shall be made as required by general state law. Section 2.20. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor. The mayor shall have the power to remove members of any committee and the power to appoint new members to any committee, at any time, within the mayor's discretion. Section 2.21. Quorum; voting. Four council members and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote only in the case of a tie. Section 2.22. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be: The Page 4882 council of the City of Islands hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. (c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident. Section 2.23. Form of official action. Notwithstanding any other provisions of this charter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Page 4883 Section 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book, kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Islands, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be published as soon as is practicable following their adoption, and the published ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all Page 4884 of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.28. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Preside at all meetings of the mayor and council and have the right to take part in the deliberations of said board but shall not vote on any question except in the case of a tie; (3) Sign all deeds and contracts, except deeds for property sold under execution at public sale; (4) Cosign, along with the city clerk, all checks for the payment of money after payment of unpaid invoices, bills, and vouchers is approved by the mayor and council and approval for payment has been entered upon the minutes of the city; (5) Be clothed with veto power as hereinafter set out; (6) Keep the council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and (7) Call the council together at any time when deemed necessary by him or her. Section 2.29. Mayor pro tempore. The city council shall elect by a majority vote from among its members a mayor pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence. Section 2.30. Veto power. Every ordinance and resolution passed and every election of an officer or employee by the Page 4885 mayor and council shall be subject to the veto of the mayor in the following manner: The mayor shall within three days write out his or her objections to such resolution, ordinance, or election; and the mayor and council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as five council members vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and council, be responsible for the administration and direction of the affairs and operations of his or her department or agency. Section 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative functions as the city council deems necessary Page 4886 and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointed authority, term of office, or manner of appointment is prescribed by this charter, a local Act, or general state law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as specifically authorized by general law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by other local law, by general law, or by ordinance. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or Page 4887 the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. Section 3.13. City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 3.14. City treasurer. The city council shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer. Section 3.15. Personnel policies. The city council may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; and Page 4888 (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of City of Islands. Section 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as judge on the municipal court unless he or she shall have attained the age of 21 years. Members of the State Bar of Georgia shall be given preference in selection. All judges shall be appointed by the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before entering on the duties of his or her office, each judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 15 days in jail. Page 4889 (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days or both or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, or other public places for a period not exceeding 60 days. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter Page 4890 or by general state law. All judges of the municipal court and the city clerk are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city. (i) Each judge of the municipal court shall have the same authority as a magistrate to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Chatham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection and, upon request, a copy shall be furnished to all defendants in municipal court proceedings. ARTICLE V ELECTIONS Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 5.11. Regular elections; time for holding. (a) On the first Tuesday in December of each odd-numbered year, there Page 4891 shall be an election for council members and the mayor. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. (b) Candidates for the city council must run from one of the six council posts. A candidate for membership on the city council must designate which post he or she intends to run from upon qualifying to run for office. Section 5.12. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office. However, if such a vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall by majority vote appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.14. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, may establish a millage rate, Page 4892 not to exceed 25 mills, for the city property tax, a due date, and in what length of time these taxes must be paid. In order to levy an ad valorem tax in excess of 25 mills, the council must first receive the approval of a majority of the voters voting in a referendum on the issue. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and may authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation and business taxes. The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18. Section 6.13. Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees, if unpaid, shall be collected as provided in Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. Page 4893 Section 6.15. Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16. Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions. Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Page 4894 Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Short-term loans. Any short-term loan obtained by the city must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law. Section 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law. Section 6.23. Action by city council on budget. (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council. Page 4895 Section 6.24. Tax levies. As the next order of business following adoption of the budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Section 6.25. Changes in appropriations. The city council, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose. Section 6.26. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.27. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes. Section 6.28. Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city. Section 6.29. Sale of city property. (a) The city council may sell and convey any real or personal property owned or Page 4896 held by the city for governmental or other purposes as provided by general state law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city is of no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by state law. Section 7.11. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in Chatham County not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Referendum on charter. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the board of elections of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chatham County residing inside the corporate limits of the proposed City of Islands, as described Page 4897 in Appendix A of this Act, and the electors of the unincorporated area of Chatham County residing outside the corporate limits of the proposed City of Islands, as described in Appendix A of this Act, for approval or rejection. The board of elections shall conduct that election on Tuesday, August 12, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act proposing to incorporate the City of Islands, Georgia, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. (b) (1) The votes of the electors of Chatham County residing inside the corporate limits of the proposed City of Islands and the votes of the electors of Chatham County residing in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands shall be counted separately. (2) If more than one-half of the electors of Chatham County voting inside the corporate limits of the proposed City of Islands and more than one-half of the electors of Chatham County voting in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands vote Yes in the election provided for in subsection (a) of this section, such vote shall constitute a formal request to the General Assembly to implement this Act as provided in Section 7.13 of this Act. (3) If one-half or more of the electors of Chatham County voting inside the corporate limits of the proposed City of Islands or if one-half or more of the electors of Chatham County voting in the unincorporated area of Page 4898 Chatham County outside the corporate limits of the proposed City of Islands vote No in such election, this Act shall be null, void, and of no force and effect and shall stand repealed in its entirety upon the certification of the results of the referendum. (c) The expense of the election provided for in this section shall be borne by Chatham County. It shall be the duty of the board of elections of Chatham County to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 7.13. Subsequent legislative action required. If this Act is approved at the election provided for in Section 7.12, it shall not become effective, notwithstanding such approval, until the General Assembly at any subsequent regular session of the General Assembly amends this Act to provide for the first election of the mayor and council of the City of Islands and for the first mayor and council to take office and to provide for such changes in this charter as the General Assembly may find necessary or appropriate. Section 7.14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.15. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A DESCRIPTION OF THE MUNICIPAL BOUNDARIES OF THE CITY OF ISLANDS, GEORGIA Begin at the confluence of St. Augustine Creek, Turner Creek, and Tybee River. Proceed Southeasterly along the thread of the stream of Tybee River to the intersection of the Tybee Page 4899 and Shad Rivers. Proceed Southeasterly along the thread of the stream of the Shad River to the intersection of the Shad River and the Tybee River at a point lying just South of the intersection of the Tybee River and Lazaretto Creek. Proceed Southerly along the thread of the stream of the Tybee River to Wassaw Sound. Continue in a straight direction on a Southwesterly course to the intersection of the Wilmington River. Proceed Northwesterly along the thread of the stream of the Wilmington River to the intersection of a line lying on the North side of a canal right-of-way lying between Lots 68 and 69, Walthour S/D. Proceed Easterly along the North side of the canal to the intersection of Wilmington Island Public Road at the centerline of the road. Proceed Northerly along the centerline of the right-of-way of Wilmington Island Public Road to the intersection of a line extending from the rear lot line of Lot 1, Block 1, Wilmington Park S/D, Phase A. Proceed Easterly along the rear lot line of Lot 1, Block 1, Wilmington Park S/D, Phase A and continue along the rear lot lines of Lots 2 through 9, Block 1, Wilmington Park S/D, Phase A. Continue along the rear lot lines of Lots 1 and 2, Block 1, Wilmington Park S/D, Phase A, Addition 2. Continue along the rear lot lines of Lots 65 through 72 inclusive, Block 1, Wilmington Park S/D, Phase A, Addition 3. Continue Southeasterly along the rear lot lines of Lots 78 through 80 inclusive, Wilmington Park S/D, Phase A, Addition 3. Continue Southeasterly along the rear lot lines of Lots 133 through 135; Block 1, Wilmington Park S/D, Phase A, Addition 5. Proceed Northeasterly along the rear lot line of the Oglethorpe Golf Course. Proceed Northwesterly along the rear lot line of the Oglethorpe Golf Course to the intersection of this line, extended to the intersection of the centerline of the Wilmington Island Road. Proceed Northeasterly along the centerline of Wilmington Island Road to Sea Island Drive. Continue Northeasterly along the centerline of Sea Island Drive, also known as Tybee Road, to the intersection of a line extending along the southwest side of a forty-foot drainage easement lying on the northeast side of Walthour S/D. Proceed along this drainage easement line Northwesterly to the intersection of the side lot line on the Northwesterly side of Lot 157, Block 2, Harbour Creek S/D, Phase 2. Continue along the said side lot line Northwesterly to Hillary Road. Proceed along the Northwesterly edge of the right-of-way of Hillary Road to the intersection of a line that is the contiguous side lot line of Lots 161 and 162, Block 2, Harbour Creek S/D, Phase Page 4900 4B. Proceed Northerly along said contiguous lot line to the thread of the stream of Camoose Creek. Proceed Northerly along the thread of the stream of Camoose Creek to the intersection of a line extending from the rear lot line of Block 8, Camoose Cove, Phase 2. Continue Northeasterly along the rear lot line of the extension of Lot 178 to the Northeast side of a sixty-foot drainage easement lying along the Northeast side of said Lot 178, Block 4, Harbour Creek S/D, Phase 4A. Proceed Southeasterly along said sixty-foot drainage easement on the Northeast side of said easement to the centerline of Sandnettles Drive. Proceed Northeasterly along the centerline of Sandnettles Drive to the intersection of the centerline of Quarterman Road. Proceed Northwesterly along the centerline of Quarterman Road across U. S. Highway 80, continuing along the centerline of Quarterman Drive to the intersection of the centerline of Falligant Avenue. Proceed Southwesterly along the centerline of Falligant Avenue to the intersection of a line that is the contiguous side lot of Lots 16 and 17, Block 1, Talahi S/D. Continue Southwesterly along the centerline of Falligant Avenue, a distance of thirty-two and one-half feet. Proceed Northwesterly along the Southwest side lot line of the private boat ramp property lying in Lot 16, Block 1, Talahi S/D to the thread of the stream of Turners Creek. Proceed Northeasterly along the thread of the stream of Turners Creek to the confluence of St. Augustine Creek and Tybee River, the POB. Affidavit of Publication Savannah Morning News STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; Page 4901 That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 13, 1986, and finds that the following advertisement, to-wit: NOTICE Notice is given that there will be introduced in the 1986 regular session of the General Assembly of Georgia a bill providing for the creation of or relating to the City of Islands within Chatham County and providing for other matters relative thereto, and for other purposes. Rep. Jack Kingston House District 125 Jan. 13 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me, this 16 day of January, 1986. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 26, 1986. Page 4902 CITY OF AUSTELL NEW CHARTER. No. 1266 (House Bill No. 1933). AN ACT To reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties; to provide for the corporate limits of the city; to provide for powers; to provide for the form of government of the city; to provide for the officials of the city; to provide for their election, terms of office, compensation, powers, duties and responsibilities; to provide for the administration of the affairs of said city; to provide for a gas system for said city and a gas board to administer same; to provide for financial matters for said city; to provide for short term debt, general obligation bonds, revenue bonds and revenue anticipation certificates, and other obligations for the city and for the gas system; to provide for taxation by the city and the levying of fees and charges by the city; to provide for homestead exemptions; to provide for franchises; to provide for assessments; to provide for the fiscal administration of the city; to provide for liens and executions; to provide for the exercise of judicial powers; to provide for penalties; to provide for restrictions on actions for damages; to provide for eminent domain; to provide for continuance in office by certain officers; to provide for wards and adjustment to ward boundaries; to provide for all other matters relative to the foregoing; to provide the procedures connected with and necessary to all of the foregoing; to provide for severability; to provide for an effective date; to provide for amendments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION, NAME, BOUNDARIES, POWERS THE CITY OF AUSTELL Section 1.10. Incorporation, name. The City of Austell in Cobb and Douglas counties as the city boundaries are presently described in several Acts of the General Assembly of Georgia and as shown on the city map hereinafter referred to, are Page 4903 hereby reincorporated and the city is constituted and declared a body politic and corporate under the name and style of Austell, Georgia, and by that name shall have perpetual existence. References in this charter to the city or this city refer to the City of Austell. Section 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or Description, or Supplemental Description) of the Corporate Limits of the City of Austell, Georgia. Photographic, typed, or other copies of such map or descriptions certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or any future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The corporate powers of this city may include, but are not limited to, the following: (1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property in the city; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law; Page 4904 (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the city and any other lawful purpose; (5) Municipal debts: to borrow money and issue bonds, notes, and other obligations as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose; (8) Condemnation: to condemn property, inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, under any applicable public Acts as are or may be enacted; (9) Municipal utilities: to acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility, and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public utilities and services: to grant franchises or make contracts for public utilities and public service, and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (11) Roadways: to lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, Page 4905 pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) Public improvements: to provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under any applicable public Acts, as are or may be enacted; (13) Sidewalk maintenance: to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building regulation: to regulate the erection and construction of buildings and all other structures; to adopt building, housing, swimming pool, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and zoning: to provide such comprehensive city planning for development by zoning, subdivision regulation, and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (16) Police power: to exercise the police power for the public safety and well-being of the city; Page 4906 (17) Special areas of public regulation: to regulate or prohibit junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, game rooms, game machines, teen clubs, dance halls, and massage parlors; (18) Regulation of roadside areas: to prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishments for violation of such ordinances; (19) Health and sanitation: to prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Noise, air and water pollution: to regulate the decible level of noise (including music) and the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) Fire regulations: to fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public hazards, removal: to provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (23) Solid waste disposal: to provide for the collection and disposal of garbage, rubbish, and refuse and to regulate Page 4907 the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other materials for recycling and to provide for the sale of such items; (24) Garbage fees: to levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service or availability charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer fees: to levy an availability or a use fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose, and collect a sewer connection fee or fees and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance: to define a nuisance and provide for its abatement whether on public or private property; (27) Municipal property protection: to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, whether inside or outside the city limits, and to prescribe penalties and punishment for violations thereof; (28) Jail sentences: to provide that persons given jail sentences in the city's court shall work out such sentences in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; or to provide for community service work; and to house prisoners for other governmental agencies; Page 4908 (29) Animal regulations: to regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; to provide for the disposition of such animals and fowl by sale, gift, or humane destruction when not redeemed as provided by ordinance; to provide punishment for violation of an ordinance enacted hereunder; and to provide for contracting with other governmental agencies therefor; (30) Motor vehicles: to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (31) Taxicabs: to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces on public ways for the use of such vehicles; (32) Bonding companies: to regulate and license bonding companies in the city or doing business in the city; (33) Pensions: to provide and maintain a system of pensions and retirement for officers and employees of the city; (34) Special assessments: to levy and provide for the collection of special assessments to cover the costs for any public improvements; (35) Contracts: to enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor; (36) City agencies and delegation of power: to create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (37) Penalties: to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; Page 4909 (38) Public safety, police and fire protection: to organize and operate a police department, to exercise the power of arrest through duly appointed policemen, to organize and operate a fire fighting agency, and to organize and operate an emergency rescue and emergency medical technicians agency; (39) Emergencies: to establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (40) Urban redevelopment: to organize and operate an urban redevelopment program; (41) Public transportation: to organize and operate such public transportation systems as are deemed beneficial; (42) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; and (43) Other powers: to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Page 4910 Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance. ARTICLE II GOVERNMENT STRUCTURE CITY COUNCIL Section 2.10. City council. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. City council terms and qualification for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she is a qualified municipal voter and is a bona fide resident of the city immediately prior to his or her official qualification as a candidate for such office; each shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in municipal elections of this city. Council members elected by wards shall be bona fide residents of such wards immediately prior to his or her official qualification as a candidate for such office and shall continue to reside therein during his or her period of service. Section 2.12. Vacancy; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the declaration of such vacancy by the city council or upon the occurrence of the next regular or special city council meeting, whether or not such declaration is made following the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. Page 4911 (b) A vacancy in the office of mayor or council member shall be filled as provided for in Article V. Section 2.13. Compensation and expenses. (a) Until changed as provided in subsection (b), the mayor and council members shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the mayor and council members may be changed by ordinance, but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Holding other office. Except as authorized by general state law, the mayor or any council member shall not hold any other city office or city employment or be eligible to qualify for other elective office, other than the one presently held by such person, unless such person first resigns that present office, except as hereinafter provided in Article V for the mayor pro tempore serving as acting mayor, provided that, if a council member's term be due to expire immediately following the next city election, it shall not be necessary for such council member to resign to seek a different elected position. Section 2.15. Prohibitions. (a) Conflicts of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Directly engage in any business or transaction or have a direct financial or personal interest of a value in excess of $500.00 in any calendar quarter in any matter which amounts to a conflict of interest with the city, provided this shall not apply to and thereby shall not prevent such person from submitting sealed bids for contracts with the city; (2) Engage in or accept private employment or render services for private interests of a value in excess of Page 4912 $500.00 in any calendar quarter when such employment or service amounts to a conflict of interest with the city, provided this shall not apply to and thereby shall not prevent such person from submitting sealed bids for contracts with the city; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself, herself, or others; (4) Discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, or accept, for himself or herself or his or her family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; and provided, further, if state law specifically authorizes such transactions, this charter shall not prohibit same, and such will be an exception hereto; (5) Ask for or receive anything of value to which he or she is not entitled for the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment, or in return for an agreement to influence or attempt to influence official action by any other officer or employee of the city, as now or hereafter provided in Section 16-10-2 or 16-10-5 of the O.C.G.A.; (6) For himself or herself or in behalf of any business entity sell any real or personal property to the city, or any agency thereof, other than as allowed by Code Section 16-10-6 of the O.C.G.A., as now or hereafter provided; (7) Represent other private interests in any action or proceeding against this city or any portion of its government; or Page 4913 (8) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest; provided, however, the participation in discussion at a public meeting or the presentation of a proposal at a public meeting shall be allowed. (b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council. (e) Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. Page 4914 (f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall actively participate in political campaigns for public office in the city or continue in such employment upon qualifying as a candidate for nomination or election to any public office of the city. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.17. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.18. Organizational meeting. The city council shall meet for organization on the first Monday in January of each year, unless it is a legal holiday, then on the second Monday or as soon thereafter as is practicable. The meeting shall be called to order by the outgoing mayor and council, and after dispensing with any old business, the outgoing mayor and council shall call to order the meeting of the incoming mayor and council, and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of mayor (or council member, as the case Page 4915 may be) of the City of Austell, to the best of my skill and ability, and as seems to me, for the best interest and welfare of said city, without fear, favor, or affection, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God. Section 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on the call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where waiver by all members is effected by their presence or in writing, only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of all meetings shall be made as required by general state law. Section 2.20. Rules of procedure and committee appointments. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record. (b) All committees and committee chairman and officers of the city council shall be appointed by the mayor. The mayor shall have the power to remove members of any committee and the power to appoint new or additional members to any committee at any time within the mayor's discretion. Section 2.21. Quorum; voting. Four council members in addition to the mayor or the presiding officer at the meeting Page 4916 shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the city council shall have the right to require a roll-call vote. The affirmative vote of three council members or two council members plus the mayor or presiding officer voting to break a tie shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote only in the case of a tie. Section 2.22. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption, subject to such changes as may be made and voted on by the city council. The enacting clause shall be: The Council of the City of Austell hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read and voted on at a regular or special meeting of the city council. (c) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the city council that the ordinance be effective is evident. Section 2.23. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance; all other acts may be done by resolution or motion. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall Page 4917 be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance; said reference shall set forth the name of such code, its date, any amendments thereto, and the fact that a copy is on file with the city clerk and kept with the minutes of the city council. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, provided the city clerk shall be given a copy of such code along with the adopting ordinance and shall keep the same with the minutes although not necessarily in the minute book. Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing. (a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations (which may be separate standard code books) and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of Ordinances, City of Austell, Georgia. Said code shall be supplemented and updated regularly. Copies of the code shall be furnished to the mayor, council members, city manager, city clerk, city attorney, municipal court judge, police chief, Page 4918 and such other officers, departments, and agencies of the city as the city council may direct. Copies shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be published as soon as is practicable following its adoption, and the published ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in codified form suitable for incorporation therein or in a wholly new code form. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. CITY MANAGER Section 2.27. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term who shall hold office at the pleasure of the city council, and it shall fix compensation therefor. The manager shall be appointed solely on the basis of executive and administrative qualifications. The manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the city council. Section 2.28. Removal of city manager. The city council may remove the manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five days after a copy of the resolution is delivered to the manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The manager Page 4919 may file with the council a written reply not later than five days before the hearing. (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. The manager shall continue to receive his or her salary until the effective date of a final resolution of removal. The action of the city council in suspending or removing the manager shall not be subject to review by any court or agency except for constitutional questions. Section 2.29. Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his or her disability shall cease. Section 2.30. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. The city manager shall devote his or her full time to the job of city manager and shall have the following powers and duties: (1) To hire, appoint, and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by general state law, this charter, or personnel ordinances adopted pursuant to this charter, and shall report any hiring, appointing, suspending, or discharging as soon as possible to the city council and its committees, provided that he or she shall not suspend or remove a director of a department unless first authorized to do so by the city council; (2) To direct and supervise the administration of all departments, offices, and agencies of the city, except as Page 4920 otherwise provided by this charter or by general state law; (3) To attend all city council meetings and have the right to take part in discussion but may not vote; (4) To see that all laws, provisions of this charter, and Acts of the city council, subject to enforcement by the manager or by officers subject to his or her direction and supervision, are faithfully executed; (5) To prepare and submit the annual budget to the city council; (6) To submit to the city council and make available to the public a complete report on the finances of the city as of the end of each fiscal year and a complete report on administrative activities of the city as of the end of each calendar year; (7) To make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) To keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he or she deems desirable; (9) To perform such other duties as are specified in this charter or may be required by the city council; (10) To make purchases of supplies, material, and equipment for the city and see that they are received as contracted and be authorized to make budgeted purchases up to a dollar amount set by the council from time to time without first obtaining specific council approval of the item, provided all other provisions of this charter and the ordinances of the city are complied with, including bid requirements if applicable. All purchases in excess of such amount shall be made only upon prior approval of the council. All purchases shall be made upon Page 4921 written requisition of the city manager or the director of the department for which the article shall be used, and a copy of such requisition shall be filed with the director of finance as soon as possible after the purchase; (11) To conduct all sales which the city council may authorize of personal property of the city which has become unnecessary or unfit for the city to use and surplused by the city council; (12) To keep a current inventory showing all real and personal property of the city and its location; (13) To see to the publication of all notices, ordinances, or other documents required by law to be published; (14) To maintain all city maps, updating same on a regular basis to reflect appropriate changes thereon; (15) To be responsible for the supervision of the performance of all contracts made for work done for the city; (16) To refrain from active participation in city election campaigns; and (17) To authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency. Section 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.16 hereof, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Committees of council and their members shall advise the manager regarding their area of concern but shall not attempt to direct or supervise city personnel subject to the manager's direction and supervision in the performance of their duties. Page 4922 MAYOR Section 2.32. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of two years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city immediately prior to his or her official qualification as a candidate for such office; and the mayor shall continue to reside in this city during the period of his or her service as mayor. The mayor shall forfeit office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be as provided in Section 2.13 hereof. Section 2.33. Mayor pro tempore. The mayor shall appoint from among the council members a mayor pro tempore who shall assume the duties and powers of the mayor upon the absence, disability, or death of the mayor and until such absence or disability ceases or until a new mayor is elected. The disability of the mayor shall be determined by the mayor or the council. The mayor may appoint an alternate mayor pro tempore. The mayor pro tempore while acting as mayor may appoint a successor mayor pro tempore and an alternate mayor pro tempore. Section 2.34. Powers and duties of the mayor. The mayor shall have the following powers and duties: (1) To preside at all meetings of the city council and to have the right to take part in the deliberations of the council, but shall not have the right to vote on any question except in the case of a tie; (2) To be the official head and spokesperson for the city for service of process and ceremonial purposes; (3) To sign as a matter of course all written contracts, ordinances, deeds, and other instruments executed by the city which by law are required to be in writing; (4) To cosign, along with the director of finance, all checks for the payment of money; alternate signatories may be designated by city ordinance; Page 4923 (5) To have the veto power as hereinafter set out in Section 2.35; (6) To keep the council advised from time to time of the general condition of the city and to recommend such measures as he or she may deem necessary or expedient for the welfare of the city; (7) To call special meetings of the city council as provided herein; (8) To appoint at the first meeting each year, or as soon thereafter as expedient, members of the following standing committees: Police, Fire, Streets and Sanitation, Water and Sewerage, Parks and Recreation, Finance and Records Management, Maintenance, Cemetery, Gas System Liaison, and such other committees as the mayor and council may deem necessary; (9) To pardon or parole any offender against the ordinances of the City of Austell; and (10) To perform such other executive and administrative duties as may be required by general state law, this charter, or by ordinance. Section 2.35. Veto power. (a) Every ordinance, resolution, and motion passed and every election or appointment of an officer or a department director by the city council shall be subject to the veto of the mayor in the following manner: (b) If such matter is vetoed by the mayor, such veto must be submitted in writing to the city clerk within ten days of passage. If such matter is approved by the mayor, it shall become effective upon its approval; if the item is neither approved nor disapproved, it shall become effective at 12:00 Noon on the tenth calendar day after its adoption; if the item is disapproved, the mayor shall submit to the city council through the clerk a written statement of the reasons for the veto. If the item is vetoed, the clerk shall record upon the item the date of its veto by the mayor. (c) Any item vetoed by the mayor may be brought before the next regular council meeting, and no other, by any council Page 4924 member, whether or not on the agenda, for a motion to override the mayor's veto. The city council shall within 60 days after the effective date of this charter at a regularly scheduled meeting fix the number of affirmative votes needed to override the mayor's veto. Such number shall be not less than four nor more than five. The selection by the council shall not be subject to veto by the mayor. If the vote to override the veto passes by the number of votes as above provided, the item shall be adopted and not subject to veto. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall become law unless overridden by the council as in subsection (c) above. GAS SYSTEM Section 2.36. Austell gas system; Austell gas board. The city shall continue to have the right, power, and authority to operate a gas distribution system, both inside and outside the corporate limits of the city, to distribute, transport, sell, and furnish gas to customers located both inside and outside the corporate limits of the city, such customers to include persons, firms, corporations, or other municipal corporations and counties of this state, and to accept franchises for that purpose granted by other municipalities and by counties of this state to the city, and any franchises heretofore granted said city are ratified and affirmed. Section 2.37. Gas mains and distribution systems. The city shall continue to be authorized to lay, construct, and operate gas mains, gas lines, and gas distribution systems both inside and outside the corporate limits of the city. The city shall have the right, power, and authority to exercise police powers over the entire gas system and shall have the right and authority to make rules and regulations governing the operation, maintenance, extensions, and connections with any gas main inside or outside the corporate limits of the city and shall have the right and authority to require all users of gas who connect with its gas mains or lines inside or outside the city limits to install Page 4925 proper meters and make connections in accordance with the rules and regulations provided therefor and shall further have the right and authority to refuse to sell or furnish gas to any person, firm, corporation, or municipal corporation who fails or refuses to comply with such rules and regulations. Nothing contained herein shall be construed as granting to any person, firm, or private or municipal corporation the right to require said city to furnish gas and the city shall not be required to do so if in its discretion same is not deemed desirable or feasible. Section 2.38. Gas board. There shall be a gas board for the City of Austell, to be known as the Austell Gas Board, which shall exercise such of the powers granted unto the City of Austell for the gas system to the extent that such board is hereinafter authorized and empowered to exercise same. The Austell Gas Board shall consist of five members who shall be appointed for five-year terms by the mayor and city council of Austell, and such members shall serve until their successors are duly appointed. Their terms of office shall be staggered so that one member is appointed each year. The members of the Austell Gas Board shall annually select one of their number as chairman and another of their number as vice chairman for terms of one year each, or until their successors are duly selected and qualified. Meetings shall be held on call of the chairman and in his absence or disability on the call of the vice chairman. Members shall be entitled to at least three days' written notice of the time and place of the meetings of the board called by the chairman or vice chairman, provided that the members may waive in writing such notice, and provided further that the attendance of a member of the board at a meeting of the board shall be an automatic waiver of such written notice of such meeting. The board may by resolution adopt bylaws governing its procedure and may by same fix regular meeting dates in which event written notice of such regular meetings shall not be required. In all matters coming before said board for action a majority vote of those present shall prevail, provided that the chairman cannot vote, except in case of a tie vote among other members of the board in which event he or she shall vote to break such tie vote. Three members of the board including the chairman shall constitute a quorum for the transaction of business at any regular or special meeting. Section 2.39. Compensation and expenses. (a) Until changed as provided in subsection (b) the members of the gas Page 4926 board shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the members of the gas board may be changed by ordinance; but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The members of the gas board shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.40. Powers and duties. The Austell Gas Board shall have general supervision and control over the gas system or systems including plants of said city and shall make such rules and regulations regarding the operation and maintenance of such system or systems as it may deem best and proper, and such board may make such contracts and employ or discharge such persons in the operation and maintenance of said system or systems as it may deem best. Said board shall have the plenary power and authority to erect, or to contract for the erection of, enlargements, improvements, and extensions of the gas system for the city, with the amount of funds made available to them by the mayor and city council of the city, or from funds arising from the operation of the gas system, or out of funds arising from the sale of revenue-producing certificates or bonds issued by the city. The board shall also have the management in like manner as well as the control of the operation of the gas plant or system that may be owned, or hereafter owned, by said city. It is empowered to enter into contracts necessary for the establishment, maintenance, and operation of said system. The board shall have the power and authority to maintain, repair, and extend the gas distribution system and gas plants, if any, from time to time as funds become available for such improvements. It shall have the power to erect and maintain gas mains and gas plants, within the city limits and elsewhere, for the purpose of supplying the city and its environs with gas service as may be necessary or desirable, and for other purposes which it deems proper. The board shall regulate and provide for the private use of gas, fix the time, price, and place of payment for such services, and, in default of payment for such services, it may shut them off and keep Page 4927 the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, it may recommend to the clerk of the board the issuance of execution for the amount due for any services furnished, and the clerk of the board is authorized and empowered to issue execution therefore, which may be levied and collected as other executions. The board shall make such rules and regulations for the government of its servants and employees and for the distribution and use of the products of its gas systems or plants as it may deem proper. Said board shall make semi-annual reports to the city council showing all receipts and disbursements by it, and showing such other matters as the city council may require. Said board shall be amenable to the city council and subject to removal from office by it for cause as set forth in Sections 5.18 and 5.19 hereof. Section 2.41. Revenues; payments to the city. The board is charged with the duty of collecting for all services rendered by the gas system of the city, and is required to keep the money so collected in a bank or banks as it deems appropriate as a depository for such funds. The board shall at all times maintain a schedule of fees, rates, and tolls for the services and products of the city's gas system as shall be sufficient to retire any revenue certificates, bonds, or other indebtedness incurred by the City of Austell or the board for the erection, construction, extension, or improvement of such gas system, and to provide for any reserves and funds required to be maintained by the city or the board in connection with the issuance of any such bonds or revenue certificates or the incurrence of any other such indebtedness. Such obligations of the city and the board shall be discharged according to their tenor by the board and required payments shall be made promptly when due either directly to the obligee, his or her agents or assigns, or by the payment of such sums to the city for the account of such obligee. In addition to the above, such fees, tolls, and rates shall be maintained at a level sufficient to pay the current operation and maintenance expenses of such system, provided the board shall pay to the City of Austell an amount equal to 3 percent of the gross revenues of the system for the immediately preceding fiscal year. Said payment shall be made within 30 days following the end of each fiscal year. Gross revenues as used in this part shall mean all of the system's operating revenues received from providing gas service to customers less uncollectible Page 4928 revenues. Subject to the above, the board shall have full control and authority over the expenditure of such funds with the provision that same can only be expended to pay the expenses of operating and maintaining such gas system, to retire indebtedness incurred in connection with the construction, extension, or improvement of such system as aforesaid, and to establish required or reasonable reserves and funds including depreciation reserves, maintenance and repair funds, sinking funds for retirement or revenue certificates, bonds, or other indebtedness. Section 2.42. Indebtedness. The board shall be authorized to lay or construct gas mains, lines, and gas distribution systems and plants both inside and outside the corporate limits of the City of Austell, and to issue gas revenue anticipation certificates for such purposes in accordance with the Constitution and laws of the State of Georgia, as now exist or hereafter are adopted, and any certificates heretofore issued or authorized by the city for such purpose are ratified and affirmed. Should said board deem it advisable to create additional debts for the erection, enlargement, or improvement of any of the systems under its control, the board is directed and authorized to determine the amount of needed funds and the anticipated revenue from the operation of the facilities, and to recommend to the city council the creation of a debt to be evidenced by revenue certificates to be retired from revenues produced, or to recommend the creation of a bonded indebtedness for such purposes or as may be raised by other methods. Should the amount of money needed be such that the revenue produced by the facilities would retire same as anticipated by the Constitution and laws of the State of Georgia, as now exist or hereafter are adopted, the city council shall proceed to issue revenue producing certificates as provided for by such laws. Should the city council deem it advisable to secure the money on a bond issue, the City of Austell is authorized, empowered, and granted the right to issue revenue anticipation obligations for the purpose of constructing, extending, operating, and maintaining gas generating and distribution systems, as authorized by the Constitution of the State of Georgia, by adoption of a resolution by the governing body of the City of Austell and without an election, pursuant to the amendment to the Constitution set forth in Georgia Laws 1964, p. 1061, which is continued in full force and effect. Page 4929 Section 2.43. Board clerk. Said board shall elect a clerk for its body, who may but need not be from said board or a citizen of the city, and said clerk shall maintain and keep open an office for receiving payments for services rendered by any of such facilities. The clerk shall give bond, in such sum as the board may prescribe, for the faithful discharge of his or her duties, for the prompt payment of all moneys collected into the depository, and for a true accounting of the expenditures of any of such funds. The bond shall be made payable to the board. The clerk so elected may also be city clerk. Section 2.44. Ordinances. Said board may pass such ordinances and bylaws as may be required for the protection of the gas system or systems and such ordinances as may be required for the sale of bonds or revenue certificates. When such ordinances and bylaws are approved by the city council of Austell, it shall have the force and effect of ordinances of said city and any person violating any one of said ordinances shall be tried as provided for in the city charter. The present ordinances of said board as previously approved by the city are retained and in force until changed by said bodies. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative departments. (a) Except as may otherwise be provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. Subject to the foregoing, the following administrative departments are established: Police, Fire, Streets and Sanitation, Water and Sewerage, Parks and Recreation, and Finance and Records Management. (b) Except as otherwise provided by this charter or general state law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or pay scale as adopted from time to time by the city council. Page 4930 (d) There shall be a director of each department or agency of the city who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, except as otherwise provided herein or by ordinance, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council, or in the absence of a nomination or an acceptable nomination by the city manager such director or directors shall be appointed by the city council. The city manager may not suspend or remove directors of departments or agencies; such directors may be suspended or removed only by the city council. Section 3.11. Boards, commissions, and authorities. (a) The city council may create by ordinance such boards, commissions, and authorities to fulfill any functions as the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The city council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority, and may pay them a fee for attending meetings. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by general law, or by ordinance. (e) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating himself or herself to honestly, faithfully, and impartially perform the duties of his or her office to the best of his or her ability. Page 4931 (f) Any member of a board, commission, or authority may be removed from office for cause in accordance with and as provided in Sections 5.18 and 5.19 hereof. (g) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman, one member as vice chairman, one member as secretary, and one member as assistant secretary. Each board, commission, or authority of the city may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.12. City attorney. The mayor shall appoint, subject to confirmation by the city council, a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of the position as city attorney. Section 3.13. City clerk. The city clerk shall keep an accurate record and minutes of all meetings of the city council, shall be the keeper of the city seal and shall affix same as required to official documents of the city, shall attest the mayor's execution of official documents, shall certify under the city's seal such documents as may require certification, and shall perform all other duties prescribed by the city council. The city clerk shall devote only so much working time and staff to the duties of the office as shall be prescribed by the city council, and shall be paid such a salary as prescribed by the city council. The city clerk, in the exercise of the duties of city clerk only, shall be independent of supervision by the city manager and shall be responsible directly to the city council. Section 3.14. Personnel policies. The city council may adopt rules and regulations consistent with this charter concerning: Page 4932 (a) The method of employee selection and probationary periods of employment; (b) The administration of a position classification, a pay plan, and a grid scale pay range and may delegate to the directors of departments and council committees the duty to set pay within such ranges; the methods of promotion and application of service ratings thereto; and the transfer of employees within the classification plan; (c) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (d) Such dismissal hearings as due process may require; and (e) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Austell. Section 4.11. Judge. No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall have attained the age of 21 years and is a resident of Cobb County or Douglas County, Georgia. Members of the State Bar of Georgia shall be given preference in selection, but it is not required that the judge be a member. The judge shall be appointed by the mayor with the confirmation of the city council. The judge may be removed from office by the city council in accordance with and as provided in Sections 5.18 and 5.19 hereof. The compensation of the judge shall be set by the city council. Before entering on the duties of his or her office, the judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be filed with the city clerk. Page 4933 Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by the judge or as provided by ordinance. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt. (c) Subject to the bond and fine schedule hereinafter provided, the municipal court may fix punishment for offenses within its jurisdiction including fines of an amount up to the maximum now or hereafter provided for the Magistrate's Court of Cobb County or any successor court, or imprisonment for up to a maximum of 365 days, or both, or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, parks, or other public places, or do other community service work, for a period not exceeding 365 days, or any combination of the foregoing. (d) The municipal court shall use the bail bond and fine schedule adopted by the city council from time to time for those offenses specified therein as minimum punishment for the offense specified. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (e) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party to enforce compliance with its orders, judgements, Page 4934 and sentences and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by general state law. The judge of the municipal court and the mayor are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city. (h) The judge of the municipal court shall have the same authority as a magistrate of the State Court of Cobb County to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cobb County or Douglas County, depending upon the situs of the offense, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court or any lower court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection and, upon request, a copy shall be furnished to all defendants in municipal court proceedings. Section 4.16. Clerk of court. The city clerk shall also serve as clerk of court, and shall personally or in the person Page 4935 of an appropriate designee, attend each session of the municipal court, and perform such duties as the city council may by ordinance direct. ARTICLE V ELECTIONS Section 5.10. Applicability of general law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Regular elections; time for holding. (a) On the first Tuesday in December, 1986, and on that day annually thereafter, there shall be an election for successors to the council members and mayor, if applicable, whose terms will expire the following January. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. (b) The council members from Wards 1 and 3 and At-Large Post 1 shall be elected in 1986, to take office in January, 1987, and in every even-numbered year thereafter. (c) The mayor and the council members from Wards 2 and 4 and At-Large Post 2 shall be elected in 1987, to take office in January, 1988, and in every odd-numbered year thereafter. (d) The mayor and council members in office on the effective date of this charter shall remain in office until their successors are elected and qualified as provided in this charter. Section 5.12. Special elections; vacancies. (a) In the event that the office of a council member shall become vacant for any cause whatsoever, the remaining council members shall order a special election to fill the balance of the unexpired term of such office, except as hereinafter provided. The call for said special election shall be no later than 45 days from the occurrence of the vacancy. However, if the call for such an election would fall within six months of the expiration of the term of that office, the city council or those remaining members shall by majority vote appoint a successor for the remainder of the term of that office who shall serve until his or her successor is duly elected and qualified, and consequently, there shall be Page 4936 no special election called. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A. (b) In the event that the office of mayor shall become vacant for any cause whatsoever, the city council shall order a special election to fill the balance of the unexpired term of such office, except as hereinafter provided. The call for said special election shall be no later than 45 days from the occurrence of the vacancy. However, if the call for such an election would fall within six months of the expiration of the term of that office, the mayor pro tempore shall serve as acting mayor until the expiration of said term and there shall be no special election called, the council shall function with the remaining five voting members, and the acting mayor shall not vote except to break a tie. In such an instance, the council seat of the mayor pro tempore shall not be deemed vacant, unless and until the mayor pro tempore qualifies to run for the office of mayor at the next regular city election, in which case his or her council seat shall be deemed vacant upon such qualification, but he or she shall continue to serve as acting mayor until his or her successor is duly elected and installed in office. In the event the mayor pro tempore qualifies to run for the office of mayor and his or her council seat is deemed vacant, the remaining council members may, but need not, appoint a successor to fill the unexpired term of that office if the remaining term is less than six months, and in any event the election to fill such office shall be held at the upcoming regular city election. Section 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.14. Election by majority; run-off elections. Council members running for a ward position shall be elected by a majority of the valid votes cast for that office by electors residing in that ward only. Council members running for an at-large position and the mayor shall be elected by a majority of the valid votes cast for such office by electors residing in the entire city. If no person receives a majority in his or her respective race, a run-off election shall be held between the two candidates receiving the highest and next highest number of votes cast for such office. Page 4937 Section 5.15. City council wards; adjustment of wards. (a) There shall be four city council wards which shall initially be delineated as set forth on the map filed in the office of the city clerk, and on a copy filed with the Secretary of State, marked Official City Map of the City of Austell; provided, however, that if the United States Justice Department requires adjustment of such ward boundaries to comply with federal law, the city council may revise such ward boundaries to comply with federal law and such home rule amendment shall be effective immediately and shall apply to the next city election. (b) Within one year of the official publishing of the United States decennial census, the city council shall adopt an ordinance redistricting the city council wards to comply with the following specifications: (1) Each ward shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets or other well-defined boundaries. (2) Each ward shall contain as nearly as possible the same number of people, with the largest ward not differing in population by more than 10 percent of the number of people in the smallest ward. (3) The ordinance shall include a map and description of the wards. (c) The new city council wards and boundaries as of the date of enactment, or as of the date of revision by the city council to comply with federal law, shall supersede previous city council wards and boundaries for the purposes of the next regular city election, including qualification for office. The new wards and boundaries established pursuant to subsection (b) above shall supersede previous wards and boundaries for all other purposes as of the date on which all council members elected at the next regular city election take office. Section 5.18. Grounds for removal. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; Page 4938 (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. Section 5.19. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (1) By the vote of four council members after an investigative hearing. In the event any official is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any official sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Cobb County, Georgia. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By information filed in the Superior Court of Cobb County, Georgia, as provided by state law. (3) If the mayor or a council member shall be indicted for a felony, such official shall be automatically suspended from office with pay until such indictment be resolved. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal Page 4939 property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, to provide governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Homestead exemption. The city council may grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $1,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount to be exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or she or his or her agent provides the tax assessors of Cobb or Douglas county with such affidavits, copies of deeds, or other information as such tax assessors might request showing that such resident and such property qualify for this exemption. After any such person has filed the proper documents and has been allowed the exemption provided herein, it shall not be necessary that he or she make application thereafter for any subsequent year, and said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the tax assessor's office and the tax collector of the City of Austell in the event he or she becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The amount of such exemption may be increased or decreased from year to year by the same procedure. The governing authority of the city may provide by ordinance for the proper administration of this exemption as the same may be necessary. Section 6.12. Homestead exemption for persons over age 65. The City of Austell is hereby authorized to grant to each person who is 65 years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.00 on the homestead owned and occupied by such person as a residence. Page 4940 The City of Austell may limit the grant of the exemption provided for in this paragraph to qualified persons whose net income from all sources, as defined by Georgia law except as hereinafter provided, together with the net income of their spouses who also occupy and reside at such residences, does not exceed a limitation established from time to time by the City of Austell for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor, or disability benefits under the private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his or her spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. Section 6.13. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the length of time in which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and may authorize the voluntary payment of taxes prior to the time when due. The city council may, by ordinance, provide for a discount for prompt payment of taxes. Section 6.14. Occupation and business taxes. The city council by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.20. Section 6.15. Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city, or who practice or offer to practice any profession or calling therein, to obtain Page 4941 a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees, if unpaid, shall be collected as provided in Section 6.20. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.16. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. Section 6.17. Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered inside and outside the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.20. Section 6.18. Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of construction, reconstruction, widening, improving, or installing any public way, street, sidewalk, curbing, gutters, street lights and lampposts, storm sewers, sanitary sewers, waterlines, or other utility mains, lines, and appurtenances from the abutting property owners under such terms and conditions as are reasonable in the discretion of the city council. If unpaid, such charges shall be collected as provided in Section 6.20. Section 6.19. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.20. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection Page 4942 of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, rendering delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions or liens. The director of the finance department shall be the tax collector and tax receiver for the city. Section 6.21. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.22. Revenue bonds and revenue anticipation certificates. Revenue bonds and revenue anticipation certificates may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.23. Short-term loans. The city council shall have the power to borrow money on a short-term basis. Any short-term loan obtained by the city must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law. Section 6.24. Fiscal year. The city council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law, except for the Austell Gas System which shall have the power to fix its own fiscal year which may differ from the city's fiscal year. Section 6.25. Adoption and amendment of budget. (a) The city council shall adopt and may thereafter amend Page 4943 from time to time an annual budget, provided that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues of such annual budget. (b) The city council, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operations for the fiscal year just ended shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall constitute and take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrances created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council. Section 6.26. Tax levies. As the next order of business following adoption of the budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operation budget for defraying the expenses of the city. Section 6.27. Changes in appropriations. The city council, by majority vote, may make changes in the appropriations contained in the current operation budget at any regular meeting or special or emergency meeting called for such purpose. Page 4944 Section 6.28. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.29. Contracting procedures. Subject to general state law provisions on municipal contracts, no contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney; and (3) It is made or authorized by the city council and such approval is entered into the minutes of the city council. Section 6.30. Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city. Section 6.31. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law, as now exists or is hereafter amended. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city is of no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, sidewalk, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city Page 4945 council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, sidewalk, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, streets, sidewalks, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas mains and lines, gas system facilities, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under the state law of eminent domain, subject to such amendments as shall be enacted, or any other state law applicable now or provided in the future. Section 7.11. Official bonds. The officers, officials, directors of departments, and employees of this city, both elective and appointive, shall execute such bonds in such amounts and upon such terms and conditions as the city council shall from time to time require, or as may be provided by state law. Section 7.12. Prior code and ordinances. All codes, ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full force and effect until amended or repealed by the city council. Section 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue; and any such ongoing work or cases shall be dealt Page 4946 with by such city agencies, personnel, or offices as may be provided by the city council. Section 7.14. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 365 days or by both such fine and imprisonment. Section 7.15. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not mandatory, but permissive. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.16. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other, and the remainder of this charter would have been enacted without such invalid or unconstitutional part had it been known upon enactment that the part in question would have been held invalid or unconstitutional. Section 7.17. Repealer. An Act incorporating the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are amended to allow the provisions hereof. Section 7.18. Effective date. This Act shall become effective upon its signature by the Governor. Page 4947 LOCAL LEGISLATION L-493 Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to grant a new charter to the City of Austell which will change the form of government of the City to provide for a City Manager, and to repeal the existing charter (Ga. L. 1929, p. 862 as amended) and for other purposes. This 28th day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Steve Thompson Representative, 20th District Page 4948 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF MARIETTA CORPORATE LIMITS; DEANNEXATION OF TERRITORY. No. 1267 (House Bill No. 1935). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4350), an Act approved March 28, 1984 (Ga. L. 1984, p. 5004), an Act approved April 12, 1985 (Ga. L. 1985, p. 5113), an Act approved April 12, 1985 (Ga. L. 1985, p. 5143), and an Act approved April 12, 1985 (Ga. L. 1985, p. 5147), so as to deannex and exclude certain property from the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4350), an Act approved March 28, 1984 (Ga. L. 1984, p. 5004), an Act approved April 12, 1985 (Ga. L. 1985, p. 5113), an Act approved April 12, 1985 (Ga. L. 1985, p. 5143), and an Act approved April 12, 1985 (Ga. L. 1985, p. 5147), is amended by adding a new subsection at the end of Section 1.4, to be designated subsection (f), to read as follows: Page 4949 (f) Any other provision of this Section to the contrary notwithstanding, the following described property is hereby deannexed and excluded from the corporate limits of the City of Marietta: (1) All that tract or parcel of land lying and being in Land Lot 783 of the 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the north land lot line of Land Lot 783, which point is at the common corners of Lots 10 and 11, Block D, Unit III, Kingswood Subdivision, per plat of survey at Plat Book 23, Page 64, Cobb County Records; thence southerly on the same bearing as the common line between Lots 10 and 11, aforementioned, a distance of 100 feet to a point; thence westerly, along a line parallel to the south lines of Lots 7, 8, 9 and 10, Block D, Unit III, of the Kingswood Subdivision, aforementioned, a distance of 340 feet, more or less, to a point being the southeast corner of Lot 4, Block D, Unit III, Kingswood Subdivision, aforementioned; thence northerly, along the east line of said Lot 4, a distance of 100 feet to a point on the south line of Lot 7, aforementioned; thence easterly, along the southerly line of Lot 7, 8, 9 and 10 of Block D, Unit III, Kingswood Subdivision, aforementioned, a distance of 340 feet to the POINT OF BEGINNING. (2) All that tract or parcel of land lying and being in Land Lot 783 of the 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the north land lot line of Land Lot 783 which point is the southeast corner of Lot 11 and the southwest corner of Lot 12, Block D, Unit III of the Kingswood Subdivision per plat of survey at Plat Book 23, Page 64, Cobb County Records, running thence southerly, along a line which is a continuation of and on the same bearing as the common line between Lots 11 and 12 aforementioned, a distance of 100 feet to a point; thence westerly, along a line parallel to the south line of Lot 11 aforementioned, a distance of 110 Page 4950 feet to a point; thence northerly, along a line on the same bearing of the west line of Lot 11, aforementioned, a distance of 100 feet to a point; thence easterly, along the north land lot line of Land Lot 783, said line being the south line of Lot 11, aforementioned, a distance of 110 feet to a point, being the POINT OF BEGINNING. (3) All that tract or parcel of land lying and being in Land Lot 783 of the 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point being the southeast corner of Lot 1, Block D, Unit III, Kingswood Subdivision, per plat of survey at Plat Book 23, Page 64, Cobb County Records; thence easterly, on the same bearing as the south line of said lot, block and subdivision, a distance of 100 feet to a point; thence southerly, on the same bearing as the east line of said lot, a distance of 50 feet to a point; thence westerly, along the northerly line of property now owned by Grantee, a distance of 100 feet to a point, said point being the northeast corner of Lot 12, Block B, Unit III, Kingswood Subdivision, aforementioned; thence northerly, a distance of 50 feet to a point being the POINT OF BEGINNING. (4) All that tract or parcel of land lying and being in Land Lot 783 of the 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point being the southeast corner of Lot 1, Block D, Unit III, Kingswood Subdivision per plat of survey at Plat Book 23, Page 64, Cobb County Records; thence northerly along the east lines of Lots 1 and 3 of Block D, Unit III, Kingswood Subdivision, aforementioned, a distance of 320 feet to a point; thence easterly, along the southerly line of property conveyed this date to James E. Allgood, a distance of 100 feet to a point; thence southerly, along a line parallel to the east line of Lot 3 and 1, Block D, Unit III, Kingswood Subdivision, aforementioned a distance of 320 feet to a point; thence westerly, along the same bearing as the south line of Lot 1, Block D, Unit III, Kingswood Subdivision, aforementioned, Page 4951 a distance of 100 feet to a point at the POINT OF BEGINNING. (5) All that tract or parcel of land lying and being in Land Lot 783 and 782 of the 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the north land lot line of Land Lot 783, said point being at the common corners of Lot 11 and 12, Block D, Unit III, Kingswood Subdivision, per plat of survey at Plat Book 23, Page 64, Cobb County Records; running thence easterly, along the north line of Land Lot 783, also along the south lines of Lot 12 and 13, Block D, Unit III, Kingswood Subdivision, aforementioned, a distance of 220 feet to the northwest corner of Land Lot 782; continuing easterly, along the north land lot line of Land Lot 782, a distance of 50 feet to a point; thence southerly, along a line parallel to the west land lot line of Land Lot 782, a distance of 100.0 feet to a point; thence westerly, along a line parallel to the north land lot line of Land Lot 782, a distance of 50 feet to a point on the west line of Land Lot 782; thence westerly, along a line parallel to the south lines of Lot 12 and 13, Block D, Unit III, Kingswood Subdivision, aforementioned, a distance of 220 feet to a point; thence northerly, along a parallel to the east land lot line of Land Lot 783, a distance of 50 feet to a point being the POINT OF BEGINNING. Section 2. All laws and parts of laws in conflict with this Act are repealed. L-883 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1986 session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977, (Ga. L. 1977, p. 36-41) and for other purposes. This 3rd day of January. Page 4952 Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry D. Lawler, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Terry D. Lawler Representative, 20th District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 4953 CITY OF SUMMERVILLE CORPORATE LIMITS. No. 1268 (House Bill No. 1939). AN ACT To amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, so as to change the provisions relating to the corporate limits of the City of Summerville; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, is amended by adding immediately following Section 4 a new Section 4A to read as follows: Section 4A. In addition to any other territory lying within the corporate boundaries of the City of Summerville, the following described tracts or parcels of land shall be included within the corporate boundaries of said city: 1. CITY OF SUMMERVILLE INDUSTRIAL PARK SITE: All that tract or parcel of land lying and being in Original Land Lots Nos. 1, 2, 35 and 36 in the 5th District and 4th Section of Chattooga County, Georgia, and being part of the J.V. Wheeler Estate, containing 120.732 acres, more or less, and being more particularly described as follows: BEGINNING at an iron pin located in the east original line of Land Lot No. 1, said beginning point being 430 feet North no degrees 36 minutes 50 seconds East, with and along the east original line of said Land Lot, from the southeast corner thereof; thence South 89 degrees Page 4954 18 minutes 24 seconds West, with and along the south line of the McWhorter property, a distance of 1,863.32 feet to an iron pin located in the east right-of-way line of Georgia State Highway No. 100; thence following the curvature of Georgia State Highway No. 100 in a southwardly direction along a curve having a chord of South 24 degrees 35 minutes 29 seconds West, and an arc of 224.9 feet, a distance of 224.52 feet to an iron pin in the north line of the Shafer property; thence South 75 degrees 17 minutes 48 seconds East, a distance of 300 feet to an iron pin; thence South 6 degrees 29 minutes 01 seconds West, a distance of 375.19 feet to an iron pin; thence South 6 degrees 07 minutes 37 seconds West, a distance of 183.22 feet to an iron pin; thence South 6 degrees 20 minutes 58 seconds West, a distance of 89.76 feet to an iron pin; thence South 6 degrees 15 minutes 21 seconds West, a distance of 105.23 feet to an iron pin; thence South 6 degrees 10 minutes 50 seconds West, a distance of 554.35 feet to an iron pin; thence South 6 degrees 16 minutes 42 seconds West, a distance of 700 feet to an iron pin; thence North 89 degrees 59 minutes 59 seconds East, a distance of 1,100 feet to an iron pin; thence North 27 degrees 10 minutes 35 seconds East, a distance of 1,776.96 feet to an iron pin; thence North 38 degrees 31 minutes 23 seconds East, a distance of 2,551.18 feet to an iron pin; thence North no degrees 23 minutes 42 seconds West, 56.44 feet to an iron pin; thence North 87 degrees 53 minutes 23 seconds West, a distance of 1,600.31 feet to an iron pin located in the east original line of Land Lot No. 1; thence South no degrees 36 minutes 50 seconds West, with and along the east original line of said land lot, a distance of 1,393.25 feet to the point of beginning. Reference is made to a survey plat of the above-described property prepared by Carl N. Morrison, Georgia Registered Surveyor, dated January 24, 1985, and entitled Survey for City of Summerville Industrial Park Site, which said plat is by reference incorporated herein. Said aforedescribed property is same conveyed by James F. Beatson and Gary L. McGee to City of Summerville by deed recorded in Deed Book 200, Pages 722 and 723. 2. CITY OF SUMMERVILLE WASTE WATER TREATMENT PLANT SITE. Page 4955 All that tract or parcel of land lying and being in Land Lot No. 36 in the 5th District and 4th Section of Chattooga County, Georgia, more particularly described as follows: Beginning at a point, said point being on the north original Land Lot Line of Land Lot No. 36 and being 272.4 feet west of the northeast corner of said Land Lot No. 36; thence south 00 degrees 45 minutes east 808.33 feet to a concrete marker; thence south 89 degrees 15 minutes west 808.33 feet to a concrete marker; thence north 00 degrees 45 minutes west 808.33 feet to a concrete marker and north Land Lot Line of Land Lot No. 36; thence north 89 degrees 15 minutes east 808.33 feet to a concrete marker and point of beginning. Containing 15 acres more or less. Said aforedescribed property is same conveyed by deed from Mary Ellen Selman Cook et al to City of Summerville by deed recorded in Deed Book 107, page 214 of Chattooga County Deed Records. 3. PROPERTY OF CHATTOOGA COUNTY BOARD OF EDUCATION REFERRED TO AS THE HIGH SCHOOL PROPERTY: Tract I. All that tract or parcel of land lying and being in Part of Land Lots Numbers 17 and 18 in the 6th District and 4th Section of Chattooga County, Georgia, more particularly described as follows: BEGINNING at a point on the east right-of-way of Georgia Highway No. 114, said point being the southwest corner of the Summerville Recreation Center property, marked by an iron pin; thence in a southwesterly direction along the southeast right-of-way of Georgia Highway 114, a distance of 2,180.16 feet; thence south 81 degrees east, 963.32 feet; thence north 1 degree 24 minutes west 863.5 feet to a point on the north original line of Lot No. 18; thence south 89 degrees and 1 minute east 472.9 feet to an iron pin; thence north 89 degrees 33 minutes east, 811.3 feet to an iron pin on the west right-of-way of Summerville-Holland Road; thence north 1 degree 30 minutes west 336.7 feet along the west side of Summerville-Holland Page 4956 Road to an iron pin and at the southeast corner of the Summerville Recreation property; thence north 56 degrees 24 minutes west, 814.27 feet to the point of beginning. Tract II. Part of Land Lot 18 in the 6th District, 4th Section, of Chattooga County, Georgia. BEGINNING at a point marked by an iron pin on the North original lot line of Land Lot No. 18, said point being a distance of 811.3 feet west of the intersection of said lot line with the west right-of-way line of the Summerville-Holland Road; thence south 1 degree 24 minutes east a distance of 848.5 feet to an iron pin; thence south 89 degrees 15 minutes west 472.9 feet to an iron pin; thence north 1 degree 24 minutes west 863.5 feet to an iron pin and the north Land Lot line of Land Lot No. 18; thence south 89 degrees 1 minute east 472.9 feet to the point of beginning. Said aforedescribed property is that described in deeds recorded at Book 90, pages 379-380 and Book 90, pages 361-362 of the Chattooga County Deed Records. 4. PROPERTY OF CHATTOOGA COUNTY BOARD OF EDUCATION REFERRED TO AS SUMMERVILLE JUNIOR HIGH SCHOOL: All that tract or parcel of land lying and being in Land Lots 1 and 36 in the 5th District and 4th Section of Chattooga County, Georgia and being more particularly described as follows: BEGINNING at a point on the east side of Georgia Highway No. 100, said point being south 27 degrees 33 minutes 50 seconds west from the intersection of the east side of said highway with the north line of Land Lot 1, same being the district line dividing the 6th and 5th Districts; thence north 86 degrees 12 minutes east 498.46 feet to a point; thence north 30 degrees 15 minutes east 17.35 feet to a point on the north line of Land Lot 1 and on the north line of the 5th District line; thence north 89 degrees 36 minutes 18 seconds east along the Page 4957 line dividing the 6th and 5th Districts 1,813.54 feet to a point, said point being south 89 degrees 36 minutes 18 seconds west and 404.25 feet from a found concrete marker; thence south 00 degrees 23 minutes 42 seconds east 751.89 feet to a point; thence north 87 degrees 53 minutes 23 seconds west 2,652.32 feet to a point on the east right-of-way of Georgia Highway No. 100; thence north 30 degrees 14 minutes 45 seconds east along the east right-of-way 189.78 feet to a point; thence north 29 degrees 7 minutes 36 seconds east 136.21 feet to a point along said right-of-way; thence north 28 degrees 25 minutes 17 seconds east 96.64 feet along said right-of-way; thence continuing along said right-of-way north 27 degrees 33 minutes 50 seconds east 254.67 feet to the point of beginning, according to a plat by Carl N. Morrison dated May 24, 1982, said tract containing 39.239 acres. Said aforedescribed property was conveyed by Beatson and McGee to the Chattooga County Board of Education by deed recorded in Book 187, pages 173-174 of the Chattooga County Deed Records. 5. PROPERTY OF GEORGIA POWER COMPANY: All that tract or parcel of land situated, lying and being in Land Lot Number Eighteen (18) in the Sixth District and Fourth Section of Chattooga County, Georgia and being more particularly described as: BEGINNING at the intersection of the westerly right-of-way line of Georgia Highway Number 100 with the original lot line forming the south boundary of said Land Lot, same being a district line dividing between the 5th and 6th Districts, said point of intersection being marked by an iron stake; thence south 89 degrees 50 minutes west along said original south lot line 561.78 feet to an established corner marked by a hub and tack net, with the property of Robert L. Parker; thence north 00 degrees 30 minutes west along the west boundary of said Parker property marked by a fence 400 feet to an established corner marked by a hub and tack set; thence north 89 degrees 50 minutes east and parallel with said south lot line 759.19 feet to an established corner on the westerly Page 4958 right-of-way line of said Georgia Highway Number 100, marked by a hub and tack set; thence south 25 degrees 50 minutes west along said westerly right-of-way line of said highway 445 feet to the point of beginning; containing 6.065 acres, more or less, and being part of the property conveyed by O.A. Selman to Mrs. Mary T. Selman, et al in deed dated May 13, 1950, recorded in Book 46, Page 264, Chattooga County Deed Records, but subject to the easement for right-of-way across the southerly side of aforesaid property previously granted Georgia Power Company by instrument dated June 8, 1964, recorded June 18, 1964 in Book 96, Page 266, Chattooga County Deed Records. The property hereby conveyed is also delineated upon a plat thereof recorded in Plat Book 4, Page 249, in the office of the Chattooga Superior Court Clerk to which plat reference is hereby made for a more specific description of said property. Said aforedescribed property is described in a deed from W.P. Selman et al to Georgia Power Company recorded in Book 128, Page 235 of Chattooga County Deed Records. 6. PROPERTY OF THE TRUSTEES FOR THE EVANGELISTIC ASSEMBLY OF GOD OF CHATTOOGA COUNTY, GEORGIA: All that tract or parcel of land lying and being in Land Lot 18 in the 6th District and 4th Section of Chattooga County, Georgia and being shown as Tract 3 on a Plat of the Property of William Collins, Jr. by E. Martin Smith dated August 15, 1978 and being more particularly described as follows: BEGINNING at a point on the west side of Georgia Highway No. 100, said point being 795 feet northeasterly from the intersection of the west right-of-way line of said highway with the south line of said Land Lot 18, said point also being the northeast corner of Tract 4; thence north 89 degrees 06 minutes 13 seconds west 914.38 feet to a point; thence north 00 degrees 33 minutes 04 seconds east 202.38 feet to a point; thence south 74 degrees 27 Page 4959 minutes 07 seconds east 244.13 feet to a point; thence north 05 degrees 10 minutes 29 seconds east 203.80 feet to a point and fence corner; thence south 86 degrees 30 minutes 33 seconds east 222.70 feet to a point and fence corner; thence south 86 degrees 41 minutes 10 seconds east 594.17 feet to a point on the west side of said Georgia Highway 100; thence south 26 degrees 57 minutes west 350 feet along the west side of said Highway to the point of beginning. Said tract containing 6.617 acres. Said property is described in a deed recorded in Book 167, page 367 of the Chattooga County Deed Records. 7. RIGHT OF WAY OF GEORGIA HIGHWAY 100 FROM EXISTING SOUTHERLY CITY LIMIT OF CITY OF SUMMERVILLE TO CITY INDUSTRIAL PARK, AS FOLLOWS: BEGINNING at a point in Land Lot 17, 6th District, 4th Section of Chattooga County, Georgia where the easterly right-of-way boundary of Georgia Highway 100 intersects the City limits of the City of Summerville, Georgia; thence southwesterly along the easterly boundary of Georgia Highway 100 to point where the easterly right-of-way boundary of Highway 100 corners with the northerly boundary of City of Summerville Industrial Park Site in Land Lot 1 in the 5th District (according to deed recorded in Book 200, pages 722 and 723); thence along easterly right-of-way boundary of Highway 100, 224.90 feet to the southwest corner of the City of Summerville property which bonds on Highway 100; thence straight across Georgia Highway 100 a distance of 80 feet to the westerly right-of-way boundary; thence along the westerly right-of-way boundary of Georgia Highway 100 to a point where it intersects the present City limits of the City of Summerville; thence along said city limits across Georgia Highway 100 in an easterly direction to point of beginning. 8. CARL MORRISON PROPERTY: All that tract or parcel of land lying and being in Land Lot 18 in the 6th District and 4th Section of Chattooga Page 4960 County, Georgia, and being shown as Tract 4 on a Plat of the property of William Collins, Jr., by E. Martin Smith dated August 15, 1978 and being more particularly described as follows: Beginning at a point on the west side of Georgia Highway No. 100, said point being 445 feet northeasterly from the intersection of the west right of way line of said highway with the south line of said Land Lot 18; thence north 89 degrees 06 minutes 13 seconds west 758.76 feet to a point; thence north 00 degrees 33 minutes 04 seconds east 314.44 feet to a point; thence south 89 degrees 06 minutes 13 seconds east 914.38 feet to a point on the west side of Georgia Highway No. 100; thence south 26 degrees 57 minutes west 350 feet along the west side of said highway to the point of beginning. Said tract containing 6.038 acres. Said aforedescribed property is same conveyed by A. W. Headrick to Carl N. Morrison by deed recorded in Deed Book 206, Page 514 of the Chattooga County Records. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE Public notice is hereby given that the City of Summerville, by and through its Mayor and Council, has requested the introduction and enactment of local legislation by the 1986 session of the General Assembly amending the Charter of the City of Summerville, Georgia to include and annex into the corporate boundaries of said City certain tracts or parcels of land outside of the present City boundaries but within Chattooga County, Georgia, to repeal conflicting laws and for other purposes. Bert K. Self, City Clerk 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 4961 duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 6, 1986. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF LAWRENCEVILLE NEW CHARTER. No. 1269 (House Bill No. 1941). AN ACT To create a new charter for the City of Lawrenceville; to provide for elections, powers, duties, and responsibilities of officers, elected officials, and employees of the City of Lawrenceville; to provide for the annexation of additional land and the definition of the corporate boundaries; to provide for the administration of the affairs of said city and the compensation of the offices of the mayor and council as established therein; to provide the procedures connected with and necessary to the foregoing; to provide for straw polling; to provide for the exercise of the power of home rule; to provide for the authority to levy and collect Page 4962 taxes; to provide for a judicial and administrative branch; to provide for the full exercise of the police powers by said city; to provide a system of budgeting to be accountable to the citizens of said city; to provide for other matters related to such local government; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Creation, Incorporation, Powers Section 1.10. Name. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Lawrenceville, Georgia, and by that name shall have perpetual existence. Section 1.11. Corporate boundaries. (a) The corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A attached hereto and made a part of this Act. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be Official Map (or description) of the corporate limits of the City of Lawrenceville, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which the redrawn map is designated to replace. Section 1.12. Powers and construction. (a) The City of Lawrenceville shall have all powers which it is possible for a city to possess under the present or future constitution and laws of this state as fully and completely as though such powers were specifically enumerated in this charter. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. Page 4963 (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1.13. Examples of powers. By way of illustration and not of limitation and consistent with the general laws and Constitution of this state, the City of Lawrenceville shall have power: (1) To regulate the emission of smoke or other exhaust which pollutes the air; and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide penalties for the violation of ordinances enacted hereunder; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; Page 4964 (6) To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (7) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) To fix and establish fire limits and, from time to time, to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (10) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, or other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (12) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers Page 4965 and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) To provide that persons given jail sentences may work out such sentences in any public works or on the streets, roads, drains, or squares of the city; to provide for commitment of such persons to any jail, or to provide for the commitment of such persons to any county correctional institution by agreement with the appropriate county officials; (15) To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties for violations thereof; (20) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, Page 4966 a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (21) To define a public nuisance and provide for its abatement whether on public or private property; (22) To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire fighting agency; (25) To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; Page 4967 (27) To provide for the prevention and punishment of public drunkenness, riots, and public disturbances; (28) To organize and operate such public transportation systems as are deemed beneficial; (29) To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the right of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties for violation of such ordinances; (31) To provide and maintain a retirement plan for officers and employees of the city; (32) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and right of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such Page 4968 service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) To levy and collect such other taxes as may be allowed now or in the future by law; (39) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) To organize and operate an urban development program; Page 4969 (41) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter or, in the absence of a provision for such execution in this charter, by ordinance of the City of Lawrenceville or as provided by pertinent laws of the State of Georgia. ARTICLE 2 Government Structure Section 2.10. City council creation; number; election. The legislative authority of the government of the city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by this charter. Section 2.11. City council; terms and qualifications for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. Any person serving as a mayor or council member shall be a qualified elector of the city. No person shall be eligible to serve as mayor or council member unless the person was a resident of the city immediately prior to the date of the election and unless the person continues to reside therein during the term of office for which the person was elected. Page 4970 Section 2.12. Vacancy; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or by the general laws of the State of Georgia. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.13 of this charter. Section 2.13. Compensation and expenses. The city council shall be authorized to fix the compensation of the mayor and council members in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. The compensation received by such officials pursuant to the former charter of the City of Lawrenceville provided by the Act approved March 23, 1977 (Ga. L. 1977, p. 3164), as amended, shall be continued until such compensation is changed pursuant to said Code Section 36-35-4. Section 2.14. Holding other office; voting when personally interested. (a) Except as authorized by law, the mayor or any council member shall not hold any other city office or position of city employment during the term for which the officer was elected. (b) Neither the mayor nor any other member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which the officer is personally interested. Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16. General power and authority of the city council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of the city as provided by Article 1. Page 4971 Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures now or hereafter established under the general laws of this state. Section 2.18. Organizational meetings. The city council shall hold an organizational meeting on the second Monday in January of each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings Page 4972 shall be made as fully as is reasonably possible at least 48 hours prior to such meetings. Section 2.20. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be public record. (b) All committees and committee chairmen of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21. Quorum; voting. Three council members or the mayor and two council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council, including the mayor, shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three council members or the mayor and two council members shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Lawrenceville hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Page 4973 Section 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that: (1) The requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance, the code of technical regulations, and the adopting ordinance and shall be authenticated and recorded by the clerk pursuant to Section 2.26. Page 4974 (2) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution to or for purchase by the public at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Lawrenceville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter, and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. A person holding office as mayor shall forfeit such office on the same grounds and under the same procedure as council members forfeit their office. Section 2.28. Mayor pro tempore. By a majority vote, the city council shall elect a council member to serve as mayor Page 4975 pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any issue raised as to disability or absence shall be resolved by a majority vote of the city council. Section 2.29. Powers and duties of mayor. The mayor shall have the following powers and duties: (1) To preside at meetings of the city council; (2) To be the head of the city for purposes of service of process and for ceremonial purposes, and to be the official spokesman for the city and the chief advocate of policy; (3) To see that all laws and ordinances of the city are faithfully executed; (4) To appoint and remove all officers, department heads, and employees of the city upon the advice and consent of the city council; (5) To recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as said officer may deem expedient; (6) To administer oaths and to take affidavits; (7) To sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (8) To vote on matters before the city council and be counted toward a quorum as any other council member upon the occurrence of one of the following events: (A) Only two members of the city council are present at a properly called regular, special, or emergency meeting of the mayor and council; or (B) To cast a tie-breaking vote; Page 4976 (9) To prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (10) To provide for an annual audit of all accounts of the city; and (11) To fulfill such other executive and administrative duties as the city council shall by ordinance establish. ARTICLE 3 Administrative Affairs Section 3.10. City clerk. The mayor and council shall appoint a city clerk who shall not be a council member. The city clerk shall be responsible to the mayor and council for the administration of all city affairs placed in the clerk's charge. The city clerk shall have such powers and duties as the mayor and council prescribe by ordinance. The city clerk shall not be subject to annual reappointments. Section 3.11. City general superintendent. The mayor and council shall appoint a city general superintendent. Said superintendent shall be responsible to the mayor and council for all management and engineering affairs placed in the superintendent's charge. The superintendent shall have such powers and duties as the mayor and council prescribe by ordinance. The superintendent shall not be subject to annual reappointments. Section 3.12. City attorney. The mayor and council shall appoint a city attorney together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorney or attorneys for service rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of the city attorney by virtue of holding the position as city attorney. Page 4977 Section 3.13. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of the respective department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under the mayor's supervision but such shall not be effective for three calendar days following the mayor giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three council members. Section 3.14. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. Page 4978 (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until the member has executed and filed with the clerk of the city an oath obligating the member to faithfully and impartially perform the duties of the member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable Page 4979 to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV Judicial Branch Section 4.10. Creation; name. There shall be a court to be known as the Recorder's Court of the City of Lawrenceville. Section 4.11. Chief judge; associate judge. (a) The recorder's court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge of the recorder's court unless the person is a resident of Gwinnett County, is a member of the State Bar of Georgia, and has been actively engaged in the practice of law for at Page 4980 least three years. The judge shall be appointed by the mayor and city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office as a judge, each person becoming a judge shall take an oath, given by the mayor, that the person will honestly and faithfully discharge the duties of office as judge to the best of the person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal as required in Section 2.20. Section 4.12. Convening. The recorder's court shall be convened at regular intervals as provided by ordinance. Section 4.13. Jurisdiction; powers. (a) The recorder's court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The recorder's court may fix punishment for offenses subject to limitations provided by state law and ordinance. (d) The recorder's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The recorder's court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for the person's appearance and shall fail to appear at the time fixed for trial, the person's bond shall be forfeited by the judge presiding at such time, and an execution Page 4981 issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The recorder's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the recorder's court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the recorder's court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The recorder's court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and the prosecution of traffic violations. Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the recorder's court shall exist in all criminal cases and ordinances violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Page 4982 Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least 48 hours prior to said proceedings. ARTICLE V Elections and Removal Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code as now or hereafter amended. Section 5.11. Election of the city council and mayor. (a) A municipal general election shall be held annually on the first Monday in November. (b) The mayor and two council members shall be elected at one such election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12. Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.13. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or the remaining members thereof shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 14 months of the expiration of the term of that office, the city council or the remaining members thereof Page 4983 shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code as now or hereafter amended. Section 5.14. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under said Georgia Municipal Election Code. Section 5.15. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected to that office. Section 5.16. Removal of officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Being indicted for any felony. (b) The removal of an officer pursuant to subsection (a) of this section shall be accomplished by the vote of three council members after an investigative hearing. In the event an elected Page 4984 officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the city council to the Superior Court of Gwinnett County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. ARTICLE VI Finance Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. Said ad valorem tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council as its discretion. Section 6.11. Millage rate; due date; payment method. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which such tax must be paid. The city council, by ordinance, may provide for the payment of such tax by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time the tax is due. Section 6.12. Occupation and business taxes. The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. Page 4985 Section 6.13. Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for any such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by said clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16. Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutter, sewer, or other utility main and appurtenance from the abutting property owners under Page 4986 such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17. Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific motion of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.18. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. Such means shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.30. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by Page 4987 the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21. Section 6.31. Centralized purchasing. The city council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for right of way of said street, avenue, alley or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII General Provisions Section 7.10. Existing ordinances, resolutions, rules and regulations. Existing ordinances, resolutions, rules and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the Page 4988 city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by Section 2.26(b) is accomplished. Section 7.11. First election under this amended charter. (a) The first municipal election shall be November 3, 1986, at which the mayor and two council member positions shall be filled. The city council seats presently held by John Wilson and Ray Oakes shall be designated Posts 1 and 2 and seats presently held by Malon Burson and Bobby Sikes shall be designated Posts 3 and 4. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts 1 and 2 shall be filled at this first election for an initial term of two years and until their respective successors are elected and qualified so that a continuing body is created. Each council member elected thereafter shall serve a full term as provided in Section 2.11. (b) The mayor and council members of the City of Lawrenceville elected pursuant to the former charter of said city provided by the Act approved March 23, 1977 (Ga. L. 1977, p. 3164), as amended, shall constitute the governing authority of the City of Lawrenceville provided by this charter or shall be members of the governing authority provided by this charter until their successors are elected and qualified as provided by this charter. Section 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect. Section 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.14. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. Page 4989 (b) The word shall is mandatory and the word may is premissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.16. Public opinion questions. The city council may place public opinion questions on the ballots of general and special elections and are authorized by this charter to expend public funds to conduct such nonbinding public opinion. Section 7.17. Repealer. An Act incorporating the City of Lawrenceville in the County of Gwinnett, approved March 23, 1977 (Ga. L. 1977, p. 3164), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.18. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A LEGAL DESCRIPTION CITY LIMITS LINE LAWRENCEVILLE, GEORGIA All that tract and parcel of land lying and being in Land Lots 82, 83, 84, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 171, 172, 173, 174, 175, 176, 177, 178, 179 and 180 of the 5th Land District of Gwinnett County, Georgia. Also all that tract and parcel of land lying and being in Land Lots 6, 7, 8, 9, 10, 11, 12 and 13 of the 7th Land District of Gwinnett County, Georgia. Page 4990 BEGINNING at the land lot corner common to Land Lots 180, 181, 204 and 205 of the 5th Land District; thence from said point of beginning in a southwesterly direction along the land lot line dividing land lots 180 and 181 a distance of 3350 feet, more or less, to the land lot corner common to Land Lots 172, 173, 180 and 181; thence South 58 degrees 54 minutes West along the land lot line dividing Land Lots 172 and 173 a distance of 671 feet to a point; thence North 29 degrees 24 minutes West a distance of 1530 feet, more or less to a point; thence South 58 degrees 58 minutes West a distance of 1760 feet, more or less, to a point located 500 feet East of the centerline of New Hope Road; thence in a southeasterly direction along a line located 500 feet east of the centerline of New Hope Road and following the curvature of New Hope Road a distance of 3350 feet, more or less, to the southern boundary of property now or formerly owned by S. R. Fields; thence South 48 degrees 45 minutes West a distance of 1970 feet; more or less, to a point on the land lot line dividing Land Lots 149 and 172; thence North 30 degrees 52 minutes West along said land lot line a distance of 1050.5 feet to a point; thence North 51 degrees 43 minutes East a distance of 770 feet, more or less, to a point located 500 feet West of the centerline of New Hope Road; thence in a northwesterly direction along a line located 500 feet West of the centerline of New Hope Road and following the curvature of New Hope Road a distance of 1430 feet, more or less, to a point on the southerly property line of property now or formerly owned by Brockington; thence South 9 degrees 45 minutes West a distance of 650 feet, more or less, to a point on the land lot line dividing Land Lots 148 and 149; thence South 59 degrees 39 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 767.7 feet to a point; thence south 59 degrees 59 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 328.9 feet to a point; thence South 30 degrees 19 minutes East a distance of 666.3 feet to a point; thence south 30 degrees 20 minutes East a distance of 1574.1 feet to a point; thence South 62 degrees 20 minutes West a distance of 380 feet, more or less, to the centerline of Simonton Road; thence in a southeasterly direction along the centerline of Simonton Road a distance of 2100 feet, more or less, to the land lot line dividing land lots 150 and 171; thence South 31 degrees 13 minutes East along the land lot line dividing land lots 150 and 171 a distance of 2101 feet, more or less, to a point; thence North 58 degrees 47 minutes East a distance of 833.3 Page 4991 feet to a point; thence South 32 degrees 41 minutes East a distance of 842.6 feet to a point; thence South 67 degrees 20 minutes West a distance of 864.0 feet to a point on the land lot line dividing land lots 150 and 171; thence South 31 degrees 14 minutes East along the land lot line dividing land lots 150 and 171 a distance of 514.6 feet to the land lot corner common to land lots 150, 151, 170 and 171; thence South 58 degrees 38 minutes West along the land lot line dividing land lots 150 and 151 a distance of 933.0 feet to a point; thence continuing South 58 degrees 36 minutes West along the land lot line dividing land lots 150 and 151 a distance of 2392.3 feet to the land lot corner common to land lots 138, 139, 150 and 151; thence North 30 degrees 09 minutes West along the land lot line dividing land lots 139 and 150 a distance of 886.2 feet to a point; thence South 64 degrees 21 minutes West a distance of 692.0 feet to a point; thence South 64 degrees 14 minutes West a distance of 200 feet, more or less, to the centerline of Georgia Highway Number 20; thence in a northerly direction along the centerline of Georgia Highway Number 20 a distance of 4400 feet, more or less, to the southern boundary of property now or formerly owned by James R. Brown; thence in a southwesterly direction along the southern boundary of property now or formerly owned by James R. Brown a distance of 1453.4 feet to a point; thence North 20 degrees 16 minutes West a distance of 324.6 feet to a point; thence North 42 degrees 06 minutes East a distance of 266.5 feet to a point; thence North 88 degrees 52 minutes East a distance of 267.6 feet to a point; thence North 19 degrees 51 minutes a distance of 263.1 feet to a point; thence South 61 degrees 44 minutes West a distance of 900 feet, more or less, to the centerline of Davis Road; thence in a southwesterly direction along the centerline of Davis Road a distance of 100 feet, more or less, to a point; thence South 21 degrees 42 minutes East a distance of 480 feet, more or less, to a point; thence South 75 degrees 49 minutes West a distance of 270.0 feet to a point; thence South 14 degrees 03 minutes East a distance of 200 feet to the centerline of Lockridge Lane; thence in a westerly direction along the centerline of Lockridge Lane a distance of 550 feet, more or less, to the centerline of Davis Road; thence in a southerly direction along the centerline of Davis Road a distance of 200 feet, more or less, to the centerline of Moon Road; thence in a westerly direction along the centerline of Moon Road a distance of 2400 feet, more or less, to a point; thence South 11 degrees 04 minutes East a distance of 1100 Page 4992 feet, more or less, to a point; thence South 29 degrees 53 minutes East a distance of 839.6 feet to a point; thence South 59 degrees 10 minutes West a distance of 1280.1 feet to a point on the land lot line dividing land lots 108 and 117; thence North 29 degrees 18 minutes West along the land lot line dividing land lots 108 and 117 a distance of 516.0 feet to a point; thence South 39 degrees 07 minutes West a distance of 347.1 feet to a point; thence South 7 degrees 20 minutes West a distance of 252.2 feet to a point; thence South 29 degrees 28 minutes East a distance of 435.4 feet to a point; thence South 60 degrees 06 minutes West a distance of 519.2 feet to a point; thence South 19 degrees 06 minutes West a distance of 798.4 feet to a point located in the centerline of Johnson Road; thence in a westerly direction along the centerline of Johnson Road a distance of 710 feet, more or less, to the centerline of Georgia Highway Number 124; thence in a northeasterly direction along the centerline of Georgia Highway Number 124 a distance of 2500 feet, more or less, to a point; thence North 64 degrees 09 minutes West a distance of 1384 feet, more or less, to the centerline of Old Snellville Highway; thence in a northerly direction along the centerline of Old Snellville Highway a distance of 1200 feet, more or less, to a point on the land lot line dividing land lots 109 and 116; thence in a northwesterly direction along the land lot line dividing land lots 109 and 116 a distance of 500 feet, more or less, to the centerline of Lawrenceville-Five Forks Road; thence in a westerly direction along the center line of Lawrenceville-Five Forks Road a distance of 1543 feet, more or less, to a point; thence South 15 degrees 15 minutes West a distance of 740 feet, more or less, to a point; thence South 37 degrees 15 minutes West a distance of 1560 feet, more or less, to the centerline of Johnson Road; thence in a northwesterly direction along the centerline of Johnson Road a distance of 1280 feet, more or less, to the centerline of Lawrenceville-Five Forks Road; thence in a northwesterly direction along the centerline of Johnson Road a distance of 658 feet, more or less, to a point; thence South 62 degrees 06 minutes West a distance of 1312 feet, more or less, to a point; thence North 27 degrees 53 minutes West a distance of 1399.6 feet to a point on the land lot line dividing Land Lots 83 and 84; thence South 61 degrees 40 minutes West along the land lot line dividing land lots 83 and 84 a distance of 170 feet, more or less, to a point; thence North 28 degrees 48 minutes West a distance of 2113.7 feet to a point; thence South 61 degrees 50 minutes West a distance of 1237 feet to a Page 4993 point; thence North 23 degrees 55 minutes West a distance of 1948 feet to the centerline of the old location of Huston Road; thence in a northerly direction along the centerline of the old location of Huston Road a distance of 812 feet to the centerline of U. S. Highway Number 29; thence in an easterly direction along the centerline of U. S. Highway Number 29 a distance of 670 feet, more or less, to a point; thence South 28 degrees 31 minutes East a distance of 1590 feet, more or less, to a point; thence North 61 degrees 50 minutes East a distance of 605.9 feet to a point; thence South 29 degrees 01 minutes East a distance of 36.8 feet to a point; thence South 28 degrees 49 minutes East a distance of 199.2 feet to a point; thence South 28 degrees 52 minutes East a distance of 337.0 feet to a point; thence North 61 degrees 24 minutes East a distance of 879.9 feet to a point on the land lot line dividing land lots 83 and 110; thence South 28 degrees 32 minutes East along the land lot line dividing land lots 83 and 110 a distance of 178.4 feet to a point; thence North 61 degrees 13 minutes East a distance of 1580.5 feet to a point; thence North 60 degrees 42 minutes East a distance of 274 feet, more or less, to a point; thence North 41 degrees 05 minutes West a distance of 1550 feet, more or less, to the centerline of U. S. Highway Number 29; thence in a northeasterly direction along the centerline of U. S. Highway No. 29 a distance of 1470 feet, more or less, to a point on the land lot line dividing land lots 111 and 114; thence North 30 degrees 33 minutes West along the land lot line dividing land lots 111 and 114 a distance of 1350 feet, more or less, to a point; thence South 51 degrees 33 minutes West a distance of 701.2 feet to a point; thence North 41 degrees 30 minutes West a distance of 1380 feet, more or less, to the centerline of Seaboard Coast Line Railroad; thence in a northerly direction along the centerline of Seaboard Coast Line Railroad a distance of 350 feet, more or less, to a point; thence North 32 degrees 00 minutes West a distance of 1650 feet, more or less, to a point; thence South 59 degrees 21 minutes West a distance of 853.2 feet to the centerline of Monfort Road; thence South 59 degrees 21 minutes West along the centerline of Monfort Road a distance of 1728.6 feet to a point on the land lot line dividing land lots 81 and 112; thence North 30 degrees 50 minutes West along the land lot line dividing land lots 81 and 112; thence North 30 degrees 50 minutes West along the land lot line dividing land lots 81 and 112 a distance of 804.4 feet to a point; thence North 31 degrees 11 minutes West along the land lot line dividing Page 4994 land lots 81 and 112 a distance of 710 feet, more or less, to centerline of Lawrenceville-Norcross Road; thence in a westerly direction along the centerline of Lawrenceville-Norcross Road a distance of 820 feet to a point; thence South 9 degrees 10 minutes West a distance of 240 feet, more or less, to a point; thence South 81 degrees 15 minutes West a distance of 83.7 feet to a point; thence south 81 degrees 11 minutes West a distance of 215.3 feet to a point; thence North 30 degrees 25 minutes West a distance of 331 feet, more or less to a point in the centerline of Lawrenceville-Norcross Road; thence in a westerly direction along the centerline of Lawrenceville-Norcross Road 1200 feet, more or less, to a point; thence South 30 degrees 25 minutes East a distance of 1187 feet, more or less, to a point on the land lot line common to land lots 6 and 81; thence South 59 degrees 24 minutes West along the land lot line dividing land lots 6 and 81 a distance of 360.4 feet to a point; thence North 30 degrees 25 minutes West a distance of 1310 feet, more or less, to the centerline of Lawrenceville-Norcross Road; thence in a westerly direction along the centerline of Lawrenceville-Norcross Road a distance of 1130 feet, more or less, to the land lot line dividing land lots 5 and 6; thence North 30 degrees 55 minutes West along the land lot line dividing land lots 5 and 6 a distance of 1735 feet, more or less, to the land lot corner common to land lots 5, 6, 34 and 35; thence in a northeasterly direction along the land lot line dividing land lots 6 and 34 a distance of 1300 feet, more or less, to a point on the northerly side of Georgia Highway Number 316, said point being located 150 feet north of and perpendicular to the centerline of Georgia Highway Number 316; thence in an easterly direction along a line 150 feet north of and parallel to the centerline of Georgia Highway Number 316 a distance of 23,000 feet, more or less, to the centerline of Prison Camp Road; thence in a southerly direction along the centerline of Prison Camp Road a distance of 1000 feet, more or less, to the centerline of Hurricane Shoals Road; thence in a westerly direction along the centerline of Hurricane Shoals Road a distance of 3700 feet, more or less, to a point; thence South 1 degree 09 minutes East a distance of 426 feet, more or less, to a point; thence North 87 degrees 06 minutes East a distance of 441.5 feet to a point; thence South 0 degrees 21 minutes West a distance of 420.0 feet to a point; thence North 80 degrees 00 minutes East a distance of 426.5 Page 4995 feet to the land lot line dividing land lots 176 and 177; thence South 30 degrees 30 minutes East along the land lot line dividing land lots 176 and 177 a distance of 151 feet to a point; thence North 67 degrees 15 minutes East a distance of 1362 feet to a point on the easterly side of Hosea Road; thence South 30 degrees 00 minutes East along the easterly side of Hosea Road a distance of 151 feet to a point; thence North 44 degrees 30 minutes East a distance of 687 feet to a point; thence North 59 degrees 45 minutes East a distance of 1367 feet to a point on the land lot line dividing land lots 177 and 208; thence in a southeasterly direction along the land lot line dividing land lots 177 and 208 and the land lot line dividing land lots 178 and 207 a distance of 3252 feet to a point; said point being located 1030 feet in a northwesterly direction along the land lot line dividing land lots 178 and 207 from the centerline of U. S. Highway Number 29; thence in a southwesterly direction a distance of 1703.7 feet to the centerline of Hosea Road; thence in a southeasterly direction along the centerline of Hosea Road a distance of 1030 feet to the centerline of U. S. Highway Number 29; thence South 29 degrees 43 minutes East along the property line of now or formerly of Una Hinton a distance of 450 feet, more or less, to the land lot line dividing land lots 178 and 179; thence North 60 degrees 23 minutes East along the land lot line dividing land lots 178 and 179 a distance of 1691.9 feet to the common corner of land lots 178, 179, 206 and 207; thence South 30 degrees 18 minutes East along the land lot line dividing land lots 179 and 206 a distance of 1869.8 feet to a point; thence South 61 degrees 56 minutes West a distance of 1129.0 feet to a point; thence South 27 degrees 08 minutes East a distance of 1597 feet, more or less, to the centerline of Springlake Road; thence in a southwesterly direction along the centerline of Springlake Road a distance of 200 feet, more or less, to the easterly property line of property of Bob McGarity; thence South 12 degrees 47 minutes East along the easterly property line of property of Bob McGarity a distance of 300 feet, more or less, to a point located in an old roadway dividing the property of McGarity and Yancey; thence in an easterly direction along the centerline of said old roadway and the northerly property line of Yancey a distance of 1650.8 feet to the land lot line dividing land lots 180 and 250; thence in a southeasterly direction along the land lot line dividing land lots 180 Page 4996 and 205 a distance of 2400 feet, more or less, to the land lot corner common to land lots 180, 181, 204 and 205, said land lot corner being the point of beginning. LESS AND EXCEPT THE FOLLOWING PROPERTY AS SHOWN ON GWINNETT COUNTY TAX MAPS (1986) District Land Lot Parcel Number Owner Description 5 112 113 5-113-3 Craig 4.356 acres 5 144 5-144-7 McConnell Drive property 144 5-144-7A McConnell Drive property 5 144 5-144-7B McConnell Drive property 5 144 5-144-7C McConnell Drive property 5 144 5-144-7D McConnell Drive property 5 144 5-144-7E McConnell Drive property 5 144 5-144-7F McConnell Drive property 5 144 5-144-7G McConnell Drive property 5 144 5-144-8A McConnell Drive property 5 144 5-144-9 McConnell Drive property 5 144 5-144-10 McConnell Drive property 5 144 5-144-11 McConnell Drive property 5 144 5-144-12 McConnell Drive property 5 144 5-144-13 McConnell Drive property 5 144 5-144-15 McConnell Drive property 5 144 5-144-16 McConnell Drive property 5 144 5-144-17 McConnell Drive property 5 148 5-148-10 Cheek Grayson Hwy. 5 148 5-148-11 Ethridge Grayson Hwy. 5 148 5-148-12 Everett Grayson Hwy. 5 148 5-148-13 Thurmond Grayson Hwy. 5 148 5-148-14 Bowen Grayson Hwy. 5 177 5-177-19D Davis Hurricane Sh. 5 177 5-177-32 Davis Hurricane Sh. (2.3 acres) 5 177 5-177-33 Gwinnett Iron Steel Hurricane Sh. 5 177 5-177-34 Gwinnett Iron Steel Hurricane Sh. 7 9 7-9-1B Huff Hurricane Sh. 7 9 7-9-3 Sammon Hurricane Sh. 7 9 7-9-9 McNally Hurricane Sh. 7 10 7-1-4 Hickam 14.12 Ac. 5 140 5-140-5 261 Porter Grayson Hwy. 7 10 7-10A-2 Northern Heights S/D 7 10 7-10A-3 Northern Heights S/D 7 10 7-10A-4 Northern Heights S/D 7 10 7-10A-5 Northern Heights S/D 7 10 7-10A-6 Northern Heights S/D 7 10 7-10A-8 Northern Heights S/D 7 10 7-10A-9 Northern Heights S/D 7 10 7-10A-10 Northern Heights S/D 7 10 7-10A-11 Northern Heights S/D 7 10 7-10A-12 Northern Heights S/D 7 10 7-10A-13 Northern Heights S/D 7 10 7-10A-14 Northern Heights S/D 7 10 7-10A-15 Northern Heights S/D 7 10 7-10A-16 Northern Heights S/D 7 10 7-10A-17 Northern Heights S/D 7 10 7-10A-18 Northern Heights S/D 7 10 7-10A-20 Northern Heights S/D 7 10 7-10A-21 Northern Heights S/D 7 10 7-10A-22 Northern Heights S/D 7 10 7-10A-23 Northern Heights S/D 7 10 7-10A-24 Northern Heights S/D 7 10 7-10A-25 Northern Heights S/D 10 7-10A-26 Northern Heights S/D 7 10 7-10A-28 Northern Heights S/D 7 10 7-10A-31 Northern Heights S/D 7 10 7-10A-32 Northern Heights S/D 7 10 7-10A-33 Northern Heights S/D 7 10 7-10A-34 Northern Heights S/D 7 10 7-10A-35 Northern Heights S/D 7 10 7-10A-36 Northern Heights S/D 7 10 7-10A-46 Northern Heights S/D 7 10 7-10A-50 Northern Heights S/D 7 9 7-9-19 Michael Walther 23.68 acres 7 9 7-9-4 R. W. Investments, N.V. 1.35 acres 7 9 7-9-15 R.W. Investments, N.V. 72.67 acres 7 9 7-9-13 Gerhard Walther 1.02 acres 7 9 7-9-14 Gerhard Walther 10.28 acres 7 11 7-11-003 Charles Hood 12.4 acres Page 5001 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a local bill to create a new charter for the City of Lawrenceville to provide for elections, powers, duties and responsibilities of officers, elected officials and employees of the City of Lawrenceville; to provide for the annexation of additional land and the definition of the corporate boundaries; to provide for the administration of the affairs of said city and the compensation of the offices of the mayor and council as established therein; to provide the procedures connected with and necessary to all the foregoing; to repeal conflicting laws; to provide for straw polling; to provide for the exercise of the power of home rule; to provide for the authority to buy and sale property; to provide for the authority to levy taxes; to provide for a judicial and administrative branch; to provide for the full exercise of the police power; to provide a system of budgeting to be accountable to the citizens of said city and for such other necessary purposes related to local government. Anyone desiring to see a copy of the new charter which will be introduced may obtain a copy from City Hall at 405 Clayton Street, Lawrenceville, Georgia. This notice is given to satisfy the requirement that a notice of intent to introduce local legislation be published as required by O.C.G.A. Section 28-1-14 (Michie supp. 19850; Ga. Const. Art. 3, Section 5, Par. 9 Steve Pate, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 24, 1986. /s/ Vinson Wall Representative, 61st District Page 5002 Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 28, 1986. CITY OF MACON PREFERENTIAL CITY TAX ASSESSMENTS FOR REVITALIZED OR REHABILITATED RESIDENTIAL PROPERTY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1270 (House Bill No. 2058). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171; H.R. 429-1103; Ga. L. 1980, p. 2092); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the governing authority of the City of Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171; H.R. 429-1103; Ga. L. 1980, p. 2092) shall not be repealed or Page 5003 deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171; H.R. 429-1103; Ga. L. 1980, p. 2092); to provide the authority for this Act; and for other purposes. /s/ David E. Lucas Representative 102nd District 2/22, 1986-594216 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit and that advertisement as per attached clipping has been Page 5004 published in The Macon Telegraph and News on the following dates: 02/22/86 /s/ Bob Preston Sworn to and subscribed before me, this 24th day of Feb. 1986 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires Aug. 1, 1987. (SEAL). Approved March 28, 1986. RABUN COUNTY BOARD OF COMMISSIONERS; CHAIRMAN. No. 1271 (House Bill No. 2052). AN ACT To amend an Act creating the Board of Commissioners of Rabun County, approved March 26, 1969 (Ga. L. 1969, p. 2397), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2206), so as to change the provisions relating to the selection of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Rabun County, approved March 26, 1969 (Ga. L. 1969, p. Page 5005 2397), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2206), is amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. (a) On the first day of January each year, a new chairman shall take office to serve for that calendar year. The member of the board from Commissioner District No. 1 shall serve as chairman for 1987 and for each third year thereafter. The member of the board from Commissioner District No. 2 shall serve as chairman for 1988 and for each third year thereafter. The member of the board from Commissioner District No. 3 shall serve as chairman for 1989 and for each third year thereafter. If, for any reason, a member of the board declines to serve as chairman in the year in which such member would otherwise serve under the provisions of this subsection, a chairman shall be elected at the first meeting of the board in such year by the three members of the board. Following such year of service by an elected chairman, the rotation of the position of chairman shall resume as if there had been no such election. (b) At the first meeting in each year, the board shall appoint a supervisor of roads who shall serve at the pleasure of the board, shall perform such duties as may be assigned by the board, and shall be compensated in an amount set by the board. Section 2. This Act shall become effective January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA RABUN COUNTY NOTICE Notice is hereby given to the Citizens of Rabun County, Georgia, that a Bill will be introduced in the 1986 Session of the Georgia General Assembly to amend or change the method by which the Chairman of the Rabun County Board of Commissioners will be chosen. Page 5006 This 6th day of February, 1986. Virgil P. Ledford, Chairman Schley H. Burrell, Commissioner Max W. Watts, Commissioner R. BRUCE RUSSELL, SR. County Attorney P.O. Box 1202 Clayton, Ga. 30525 404/782-6240 2/13, 20 C GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following date: February 20, 1986. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 26th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5007 BULLOCH COUNTY SHERIFF; DEPUTIES AND EMPLOYEES; COMPENSATION; NUMBER. No. 1272 (House Bill No. 2046). AN ACT To amend an Act placing the sheriff of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, so as to change the compensation of the deputies and office clerk of the sheriff; to authorize the sheriff to expend county funds in excess of certain limitations with the approval of the board of county commissioners in order to comply with the overtime pay provisions of the federal Fair Labor Standards Act; to authorize the sheriff to employ additional deputies and fix their compensation with the approval of the board of county commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, is amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff of Bulloch County is authorized to employ one chief deputy who shall be compensated in an amount not to exceed $19,000.00 per annum, one junior deputy who shall be compensated in an amount not to exceed $16,495.00 per annum, and one office clerk who shall be compensated in an amount not to exceed $14,000.00 per annum. The sheriff is also authorized to employ additional deputies and fix their compensation with the approval of the board of county commissioners. The sheriff is further authorized to expend county funds in excess of the limitations specified in this section with the approval of the board of county commissioners in order to comply with the overtime pay provisions of the federal Fair Labor Standards Act. The salaries of such personnel shall be paid in equal monthly installments Page 5008 from the funds of Bulloch County. All deputies of the sheriff shall be qualified arresting officers. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960) P. 2594) as amended; and for other purposes. This 20th day of February, 1986. Bulloch County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 21, 1986. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5009 CLAYTON COUNTY WATERWORKS AND SEWERAGE SYSTEM; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1273 (House Bill No. 2043). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 146, H.R. 288-916c, Ga. L. 1953, Nov.-Dec. Sess., p. 227), duly ratified at the general election in 1954, which amendment authorizes Clayton County to incur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 146, H.R. 288-916c, Ga. L. 1953, Nov.-Dec. Sess., p. 227), duly ratified at the general election in 1954, which amendment authorizes Clayton County to incur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 5010 in force and effect as a part of the Constitution that constitutional amendment ratified at the general election in 1954, which amendment authorizes Clayton County to incur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5011 CLAYTON COUNTY ORDINANCES; PENALTIES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1274 (House Bill No. 2042). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 51, H.R. 113-267, Ga. L. 1963, p. 683), duly ratified at the general election in 1964, which amendment authorizes the General Assembly to empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 51, H.R. 113-267, Ga. L. 1963, p. 683), duly ratified at the general election in 1964, which amendment authorizes the General Assembly to empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 5012 in force and effect as a part of the Constitution that constitutional amendment ratified at the general election in 1964, which amendment authorizes the General Assembly to empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5013 CLAYTON COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1275 (House Bill No. 2039). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 200, H.R. 216-743b, Ga. L. 1953, Nov.-Dec. Sess., p. 506), duly ratified at the general election in 1954, as amended by that constitutional amendment (Res. Act No. 2, S.R. 14, Ga. L. 1958, p. 3), duly ratified at the general election in 1958, which relates to the board of education and school superintendent of Clayton County; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 200, H.R. 216-743b, Ga. L. 1953, Nov.-Dec. Sess., p. 506), duly ratified at the general election in 1954, as amended by that constitutional amendment (Res. Act No. 2, S.R. 14, Ga. L. 1958, p. 3), duly ratified at the general election in 1958, which relates to the board of education and school superintendent of Clayton County, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5014 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution that constitutional amendment ratified at the general election in 1954, as amended by an amendment ratified at the general election in 1958, which amendment as amended relates to the board of education and school superintendent of Clayton County; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5015 CLAYTON COUNTY CORONER; COMPENSATION. No. 1276 (House Bill No. 2037). AN ACT To amend an Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4969), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4969), is amended by striking the figures and symbols $8,200.00 in subsection (a) of Section 1 in their entirety and substituting in lieu thereof the figures and symbols $8,610.00, so that when so amended subsection (a) shall read as follows: (a) In lieu of all fees for his services, the coroner of Clayton County shall receive an annual salary of $8,610.00. In addition to such salary, the coroner shall receive an expense allowance of $2,400.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Clayton County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend Page 5016 an Act providing for the compensation and expenses of the corner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511); and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission xpires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5017 CLAYTON COUNTY TAX COMMISSIONER; DEPUTY TAX COMMISSIONER; COMPENSATION. No. 1277 (House Bill No. 2036). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4472), so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4472), is amended by striking from subsection (b) of Section 7 the following: 33,940.00, and substituting in lieu thereof the following: $35,640.00, so that when so amended said subsection (b) shall read as follows: (b) The tax commissioner of Clayton County shall receive an annual salary of $35,640.00 which shall be paid in equal monthly installments from the funds of Clayton County. Page 5018 Section 2. Said Act is further amended by striking from subsection (b) of Section 7A the following: $26,095.00, and substituting in lieu thereof the following: $27,400.00, so that when so amended subsection (b) shall read as follows: (b) The deputy tax commissioner shall receive as compensation for his services a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed $27,400.00 per annum, payable in equal monthly installments from the funds of Clayton County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector approved August 18, 1925 (Ga. L. 1925, p. 600); as amended; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Page 5019 News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CLAYTON COUNTY HOMESTEAD EXEMPTIONS; REFERENDUM. No. 1278 (House Bill No. 2028). AN ACT To increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences; to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who are 65 years of age or over and who own and occupy their residences if the net income of said residents, together with the net income of their spouses, as net income is defined by Georgia law, does not exceed $4,000.00 for the immediately preceding taxable year; to provide authority for this Act; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5020 Section 1. (a) The following legislation pertaining to homestead exemptions in Clayton County is enacted pursuant to Article VII, Section II, Paragraph II of the Constitution, relating to exemptions from taxation of property. (b) (1) Each resident of Clayton County is granted an exemption from all Clayton County ad valorem taxes levied by the county, except taxes to pay interest on and retire bonded indebtedness, in the amount of $6,000.00 of the value of the homestead owned and occupied by said resident within Clayton County. (2) Each resident of Clayton County who is 65 years of age or over is granted an exemption from all Clayton County ad valorem taxes levied by the county in the amount of $10,000.00 of the value of the homestead owned and occupied by said resident within Clayton County, if the net income of said resident, together with the net income of the spouse of said resident, as net income is defined by Georgia law, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. (3) The increased homestead exemptions provided in this Act shall apply to all taxable years beginning after December 31, 1986. Section 2. It shall be the duty of the election superintendent of Clayton County to issue the call for an election for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. The superintendent shall set the date of such election for the same date as the date of the general primary election of 1986. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The ballot shall have written or printed thereon the words: Page 5021 () YES () NO Shall an Act be approved so as to increase the homestead exemption from Clayton County ad valorem taxes to $6,000.00 for residents of Clayton County who own and occupy their residences and to increase the homestead exemption from Clayton County ad valorem taxes to $10,000.00 for residents of Clayton County who are 65 years of age or older who own and occupy their residences if the net income of said residents, together with the net income of their spouses does not exceed $4,000.00 per annum? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Clayton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the further duty of election superintendent certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to increase the homestead exemption from ad valorem taxation to resident homeowners in Clayton County; to increase the homestead exemption from ad valorem taxation to resident homeowners in Clayton County who are 65 years of age or over whose Page 5022 net income from all sources does not exceed a certain limitation, together with the net income of his or her spouse who also occupies and resides at such homestead; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5023 MARION COUNTY BOARD OF EDUCATION; ELECTIONS; REFERENDUM. No. 1279 (House Bill No. 2023). AN ACT To amend an Act providing for education districts for the election of members of the board of education of Marion County, approved March 27, 1985 (Ga. L. 1985, p. 4573), so as to provide for the manner of electing the first and subsequent members of the board of education of Marion County; to change the provisions relating to the referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for education districts for the election of members of the board of education of Marion County, approved March 27, 1985 (Ga. L. 1985, p. 4573), is amended by striking subsection (d) of Section 1 in its entirety and substituting in lieu thereof the following: (d) The first election for members of the board of education of Marion County under this Act shall be a special election which shall be conducted on the same date as the general election in November, 1986. The election superintendent of Marion County shall issue the call and conduct the special election in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A, known as the `Georgia Election Code.' (e) (1) At the special election provided for in subsection (d) of this section, two members of the board of education shall be severally elected from Education Districts 1 and 5 and they shall each serve for an initial term of office of two years. Thereafter, two members of the board of education shall be severally elected from Education Districts 1 and 5 as provided in subsection (g) of this section and they shall each serve for a term of office of four years. Page 5024 (2) At the special election provided for in subsection (d) of this section, three members of the board of education shall be severally elected from Education Districts 2, 3, and 4 and they shall each serve for an initial term of office of four years. Thereafter, three members of the board of education shall be severally elected from Education Districts 2, 3, and 4 as provided in subsection (g) of this section and they shall each serve for a term of office of four years. (3) Candidates shall have been residents of their respective education districts for at least one year prior to the date of the general election and must remain residents of their respective education districts during a term of office. Members of the board of education shall be elected by a majority of the electors voting within their respective education districts. (f) The members of the board of education shall take office on the first day of January immediately following their respective elections and shall serve for the terms of office to which elected and until their successors are elected and qualified. (g) Except as provided in subsection (e) of this section, all members of the board of education of Marion County shall be elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. After the date of final approval of this Act by the United States Department of Justice, it shall be the duty of the election superintendent of Marion County to issue the call for an election for the purpose of submitting this Act to the electors of Marion County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published Page 5025 once a week for two weeks immediately preceding the date thereof in the official organ of Marion County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for election of a five-member board of education, providing for education districts, and abolishing the present appointed board of education of Marion County be approved?' All persons desiring to vote for approval of the Act shall vote `Yes,' and those persons desiring to vote for rejection of the Act shall vote `No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Marion County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. -PAT 132- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be a bill introduced in the 1986 session of the Georgia General Assembly to change the general election of the Board of Education scheduled for November 1986 to a special election in November 1986 to repeal conflicting laws and for other purposes. Ward Edwards Representative 112th District (2:20) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 5026 duly authorized to administer oaths, Ward Edwards, who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Patriot-Citizen which is the official organ of Marion County, on the following date: February 20, 1986. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. BUTTS COUNTY BOARD OF COMMISSIONERS; VICE CHAIRMAN; VACANCIES. No. 1280 (House Bill No. 2022). AN ACT To amend an Act creating a board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, so as to provide for the selection of a vice chairman to act in the absence of the chairman; to provide for vacancies if members move their residence from the district from which they were elected; to provide for filling vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5027 Section 1. An Act creating a board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, is amended by striking subsection (l) of Section 3A and inserting in its place a new subsection (l) to read as follows: (l) (1) The person elected as chairman of the board of commissioners in the general election in 1984 shall serve as chairman until the expiration of his term. Thereafter, at the first regular meeting of the board of commissioners in January, 1989, and every January thereafter, the members of the commission shall, by majority vote, select one of their number to serve as chairman. (2) At each first regular meeting of the board in January, the members of the commission shall, by majority vote, select one of their number to serve as vice chairman to act in the absence of the chairman. Section 2. Said Act is further amended by striking subsection (n) of Section 3A and inserting in its place a new subsection (n) to read as follows: (n) If at any time during such member's term of office a member moves such member's residence from the district from which such member was elected, then, after notice and an opportunity for a hearing is given, the office of such member shall be declared vacant. Section 3. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: Section 10. In the event a vacancy occurs on the board of commissioners for any reason whatsoever, a special election shall be called and conducted in the manner provided for in Chapter 2 of Title 21 of the O.C.G.A. to fill the balance of the unexpired term; provided, however, that if a regular election for such vacant office is to be held within six months after such vacancy occurs, such office shall remain vacant for the balance of the unexpired term. Any person seeking to fill a vacancy on the board shall reside within the district in which the vacancy exists. Page 5028 Section 4. All laws and parts of laws in conflict with this Act are repealed. Notice 86047-J NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, P. 793), as amended; and for other purposes. This 17 day of February, 1986. Larry Smith, Representative 78th District 2-19-2tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: February 19, 1986. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5029 COOK COUNTY BOARD OF COMMISSIONERS; ELECTIONS; COMPOSITION; DISTRICTS. No. 1281 (House Bill No. 2011). AN ACT To amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1220), an Act approved March 16, 1973 (Ga. L. 1973, p. 2300), an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4413), so as to provide for the election of a five-member board of commissioners; to provide for commissioner districts; to provide for qualifications; to provide for continuation in office of certain members of the board; to provide for elections and terms of office; to provide for vacancies; to provide for certain election procedures; to provide for legislative intent and construction of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1220), an Act approved March 16, 1973 (Ga. L. 1973, p. 2300), an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4413), is amended by striking Sections 1 through 5 and inserting in their place new Sections 1 through 5 to read as follows: Section 1. (a) There shall be a board of commissioners of Cook County which shall constitute the governing authority of the county and shall exercise the powers, duties, and responsibilities vested in and imposed upon the county governing authority by this Act and the other laws of this state. (b) The board shall consist of five members and all future elections for the five members shall be conducted on the basis of single member voting districts, to be known as Page 5030 Commissioner District 1, Commissioner District 2, Commissioner District 3, Commissioner District 4, and Commissioner District 5. Each such district is particularly described as follows: Commissioner District 1 (Adel West) All boundaries will be the centerline of the street, road, stream or other identifiable boundary designated. Begin at a point on U. S. Highway 41 at the northernmost city limits of the City of Adel and follow the city limits in a westernly direction to a point where the city limits intersects with State Road 37. Thence southernly and easternly along the city limits of the City of Adel to a point where the city limits intersects with the Perry and South Georgia Railroad. Thence northeasternly along the Perry and South Georgia Railroad tracks to a point where the Perry and South Georgia Railroad tracks intersects with Seventh Street in the City of Adel. Thence along Seventh Street in the City of Adel to the intersection of Seventh Street and U. S. Highway 41. Thence northernly along U. S. Highway 41 to a point of beginning at the point where U.S. Highway 41 and the northernmost city limits of the City of Adel intersects. Commissioner District 2 (Adel East) All boundaries will be the centerline of the street, road, stream or other identifiable boundary designated. Begin at a point on the eastern boundary between the counties of Cook and Berrien counties where State Road 76 intersects with New River and follow State Road 76 in a southwesternly direction to the intersection of State Road 76 and County Road 34. Thence westernly along County Road 34 to the intersection of County Road 34 and County Road 247 (S552). Page 5031 Thence westernly along County Road 247 (S552) to the intersection of County Road 247 and the city limits of the City of Adel. Thence westernly along the northern boundary of the city limits of the City of Adel to a point where the city limits meet County Road 164 (Patterson Road). Thence westernly along County Road 164 to the eastern boundary of the city limits of the Town of Sparks. Thence southernly along the boundary of the city limits of the Town of Sparks to the point where the city limits of the Town of Sparks intersects U. S. Highway 41. Thence southernly along U. S. Highway 41 to a point of intersection of U. S. Highway 41 and County Road 249 (S1214). Then follow the city limits of the City of Adel in a northernly direction to the point where the city limits of the City of Adel meets State Road 37. Thence easternly along State Road 37 to a point where State Road 37 intersects with New River on the eastern boundary between Cook and Berrien counties. Thence northernly along the run of New River to a point of beginning on New River where New River intersects with State Road 76. Commissioner District 3 (Cecil-Greggs) All boundaries will be the centerline of the street, road, stream or other identifiable boundary designated. Begin at a point on Little River on the western boundary between Cook and Colquitt counties where Little River intersects with Pike's Creek and thence along Pike's Creek in an easternly and southernly direction to a point where Pike's Creek intersects with County Road 2. Thence in a westernly direction along County Road 2 to the intersection of County Road 2 and County Road 56. Page 5032 Thence southernly along County Road 56 to the intersection of County Road 56 and County Road 1. Thence easternly along County Road 1 to the intersection of County Road 1 and County Road 250. Thence northeasternly along County Road 250 to the city limits of the City of Adel. Thence southeasternly along the city limits of the City of Adel to the intersection of the Perry South Georgia Railroad. Thence northeasternly along the Perry South Georgia Railroad to the intersection of the Perry South Georgia Railroad and Seventh Street in the City of Adel. Thence easternly along Seventh Street in the City of Adel to the intersection of Seventh Street and U. S. Highway 41. Thence southernly along U. S. Highway 41 to a point of intersection of U. S. Highway 41 and County Road 249 (S1214). Thence follow the city limits of the City of Adel in a northernly direction to the point where the city limits of the City of Adel meets State Road 37. Thence easternly along State Road 37 to a point where State Road 37 intersects with New River on the boundary between Cook and Berrien County. Thence southwardly along the run of New River to a point where New River intersects the boundary line between the counties of Cook, Berrien and Lowndes. Thence westernly along the southern boundary between Cook and Lowndes County to a point where the county line intersects with Little River. Thence westernly and northernly along the run of Little River to a point of beginning where Pike's Creek intersects Page 5033 with Little River on the western boundary between Cook and Colquitt counties. Commissioner District 4 (Sparks-Riverbend) All boundaries will be the centerline of the street, road, stream, or other identifiable boundary designated. Begin at the point on Little River on the western boundary between Cook and Colquitt counties where Big Branch intersects with Little River, thence in an easternly direction along Big Branch to a point where it intersects with County road 253 (Barneyville Road). Thence southeasternly along County Road 253 to a point where County Road 253 intersects with County Road 166 Thence southernly along County Road 166 to the intersection of County Road 166 and County Road 76. Thence southernly along County Road 76 to the intersection of County Road 76 and County Road 38. Thence souhternly along County Road 38 to the intersection of County Road 38 and County Raod 34. Thence southernly and easternly along County Road 34 to the intersection of County Road 34 and County Road 247. Thence southwesternly along County Road 247 to the northern city limits of the City of Adel. Thence follow the northern city limits of the City of Adel to a point where the city limits intersects with County Road 164 (Patterson Road). Thence westernly along County Road 164 to the city limits of the Town of Sparks. Thence southernly along the boundary of the Town of Sparks to a point of intersection with U. S. Highway 41. Thence southernly along U. S. Highway 41 to the city limits of the City of Adel. Page 5034 Thence westernly along the northern boundary of the city limits of the City of Adel, and southernly along the western boundary of the city limits of the City of Adel to a point of intersection with County Road 250. Thence southwesternly along County Road 250 to intersection of County Road 250 and County Road 1. Thence westernly along County Road 1 to intersection of County Road 56. Thence northernly along County Road 56 to intersection of County Road 56 and County Road 2. Thence easternly along County Road 2 to a point of intersection with Pike's Creek. Thence northernly and westernly along the run of Pike's Creek to a point where Pike's Creek intersects with Little River on the western boundary between Cook and Colquitt counties. Thence in a northernly direction along the run of Little River to the point of beginning where Little River intersects with Big Branch. Commissioner District 5 (Lenox-Massee) All boundaries will be the centerline of the street, road, stream, or other identifiable boundary designated. Begin at the point on Little River on the western boundary between Cook and Colquitt counties where Big Branch intersects with Little River, thence in a easternly direction along Big Branch to a point where it intersects with County Road 253 (Barneyville Road). Thence southeasternly along County Road 253 to a point where County Road 253 intersects with County Road 166. Thence southernly along County Road 166 to the intersection of County Road 166 and County Road 76. Thence southernly along County Road 76 to the intersection of County Road 76 and County Road 38. Page 5035 Thence southernly along County Road 38 to the intersection of County Road 38 and County Road 34. Thence southernly and easternly along County Road 34 to the intersection of County Road 34 and State Road 76 (Adel-Nashville Highway. Thence northeasternly along State Road 76 to a point where State Road 76 intersects with New River on the boundary between Cook and Berrien counties. Thence northernly along New River on the boundary between Cook and Berrien counties until New River intersects at a point of boundary between Cook and Tift counties. Thence westernly along the northern boundary between Cook and Tift counties to a point where the northern boundary of Cook County intersects Little River. Thence southernly along Little River on the western boundary of Cook County to a point of beginning at the intersection of Little River and Big Branch. (c) The members of the board elected from Commissioner Districts 1 through 5 shall be required to reside within the district from which elected and they shall be elected in any election, whether it be a primary, run-off, special, or general election, solely by the voters who reside in those members' respective districts. (d) The members of the board in office on the effective date of this Act shall continue to hold office until the expiration of their normal terms of office and until their successors are elected and qualified. They shall possess and have the duty and responsibility of exercising all of the power given them by law until so succeeded. (e) Each member elected to the board shall be a qualified voter under the Constitution and laws of this state, shall have been a resident of Cook County for two years immediately preceding the election, and shall be a resident of the voting district in which the candidate seeks to qualify for election at the time of qualification. Page 5036 Section 2. (a) The term of office of the board member elected by the special election held pursuant to a consent decree entered on July 11, 1985, by the United States District Court for the Middle District of Georgia in Cook County Voter Education Project v. Cook County Board of Commissioners (Civil Action File No. 84-044-VAL) from Commissioner District 1 shall begin on October 1, 1985, and shall continue until December 31, 1988, and until a successor is duly elected and qualified. The three commissioners elected in 1984 shall continue to hold office until expiration of their normal terms of office. The two commissioners elected to serve until December 31, 1986, shall continue to hold office until expiration of their normal terms of office. Candidates for the seats of the two commissioners whose terms expire in 1986 shall be elected from Districts 3 and 4 at the regularly scheduled elections for two-year terms of office. (b) At the general election held in 1988 and quadrennially thereafter, there shall be elected one member of the board from each of Commissioner Districts 1, 2, 3, 4, and 5. These members so elected and future members shall be elected for terms of four years and until their successors are elected and qualified. Such members shall take office on the first day of January following their election. Section 3. In the event a member moves such member's residence from the district the member represents, that position on the board shall immediately become vacant. Vacancies occurring on the board shall be filled by special election held pursuant to Chapter 2 of Title 21 of the O.C.G.A. Any person so elected to fill a vacancy on the board shall have the same qualifications required for candidates seeking election to that position under this Act. Section 4. Board members shall be elected by a majority vote of the electors residing in the district from which the candidate qualifies and voting in such election. Section 5. All elections for members of the board shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A. Section 2. In any instance in which the construction of this Act is in question, this Act shall be construed if possible Page 5037 to be in conformity with the consent decree entered on July 11, 1985, by the United States District Court for the Middle District of Georgia in Cook County Voter Education Project v. Cook County Board of Commissioners (Civil Action File No. 84-044-VAL). Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to amend an act creating a Board of Commissioners of Cook County, approved August 12, 1919 (Georgia L 1919, p. 627), as amended, so as to comply with a consent degree entered on July 11, 1985 by the United States District Court for the Middle District of Georgia in Cook County Voter Education Project vs. Cook County Board of Commissioners (Civil Action File Number 84-044-VAL); and for other purposes. By: Tom W. Thomas Attorney for Cook County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News-Tribune which is the official organ of Cook County, on the following date: February 19, 1986. /s/ Hanson Carter Representative, 146th District Page 5038 Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF MACON REDEVELOPMENT POWERS; REFERENDUM. No. 1282 (House Bill No. 1987). AN ACT To amend an Act providing a new charter for the City of Macon in Bibb County, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Macon in Bibb County, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, is amended by striking Section 1-102 in its entirety and inserting in lieu thereof a new Section 1-102 to read as follows: Section 1-102. General powers. (a) The city shall have all the powers, duties, rights, privileges and immunities Page 5039 vested in the city now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia, by this charter, by special laws applicable to the City of Macon that are not prior charter amendments, and by general laws of local application through classification by population. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws of the State of Georgia, or by this charter, including all powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were fully enumerated herein. In addition, the city may bring and defend actions; may contract and be contracted with; may acquire and hold any property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of any of its property; and may have a common seal and alter it at will. (b) The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Macon to issue the call for a special election for the purpose of submitting this Act to the electors of the City of Macon for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1986. The superintendent shall issue the call for said election at least 29 but not more than Page 5040 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bibb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Macon to have and to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect upon the date the results of the election pursuant to this section are certified to the Secretary of State; otherwise Section 1 of this Act shall be void and of no force and effect. The expense of any such election shall be borne by the City of Macon. It shall be the duty of the election superintendent thereof to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to amend Page 5041 an Act providing a new Charter for the City of Macon, approved March 23, 1977 (Ga. L. 1977, P. 3776), as amended; to provide for a referendum; and for other purposes. George M. Israel, III, Mayor and the City Council of City of Macon, Georgia Post Office Box 247 Macon, Georgia 31298 2/15, 1986-592413 STATE OF GEORGIA. COUNTY OF BIBB. Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon Telegraph and News on the following dates: 02/15 /s/ Bob Preston Sworn to and subscribed before me, this 15 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires Aug. 1, 1987. (SEAL). Approved March 28, 1986. Page 5042 CITY OF AMERICUSMUNICIPAL ELECTION DATE. No. 1283 (House Bill No. 1791). AN ACT To amend an Act creating the new charter for the City of Americus, approved November 11, 1889 (Ga. L. 1889, p. 961), as amended, so as to change the date of the municipal election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the new charter for the City of Americus, approved November 11, 1889 (Ga. L. 1889, p. 961), as amended, is amended by striking the first sentence of Section III of said Act and inserting in lieu thereof a new sentence to read as follows: That an election shall be held in the City of Americus on the first Wednesday in December each year. Section 2. All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 2902 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill amending an Act creating a charter for the City of Americus, approved November 11, 1889 (Ga. L. 188-89, p. 961), as amended; and for other purposes. Russell Thomas, Jr. Mayor of Americus GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who, on Page 5043 oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following date: January 10, 1986. /s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 12th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF MARIETTAHOMESTEAD EXEMPTION; REFERENDUM. No. 1284 (House Bill No. 1786). AN ACT To provide a $4,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for effectiveness; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5044 Section 1. For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2. Each resident of the City of Marietta, Georgia, is granted an exemption on that person's homestead from all City of Marietta ad valorem taxes, including, but not limited to, ad valorem taxes of the independent school system of the City of Marietta, in the amount of $4,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The governing authority of the City of Marietta or its designee shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Marietta or its designee in the event that person for any reason becomes ineligible for that exemption. Section 5. The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 6. The exemption granted by this Act shall be in addition to any other homestead exemption from City of Marietta ad valorem taxes. Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 8. The exemption granted by this Act shall be administered and granted by the governing authority of the City of Marietta or its designee in the same manner as provided by general law; and, unless otherwise expressly provided in this Act, all provisions of general law shall apply to the exemption granted by this Act. Page 5045 Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, not less than 30 nor more than 60 days prior to the date of the general election in November, 1986, it shall be the duty of the election superintendent of the City of Marietta to issue the call for an election for the purpose of submitting this Act to the electors of the City of Marietta for approval or rejection. The superintendent shall set the date of such election for the date of the general election in November, 1986. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing a $4,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 8 shall become of full force and effect. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 8 shall be void and of no force and effect. The expense of such election shall be borne by the City of Marietta. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. L-222 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Marietta, approved March Page 5046 23, 1977 (Ga. L. 1977, p. 3541), as amended; and for other purposes. This 23 day of January, 1986. /s/ Fred Aiken Fred Aiken 1:24 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 24, 1986. /s/ Joe Mack Wilson Representative, 20th District Sworn to and subscribed before me, this 5th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5047 DEKALB COUNTY GARBAGE AND SOLID WASTE COLLECTION AND DISPOSAL CONTRACTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1285 (House Bill No. 1767). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 21 (House Resolution No. 156-662) of the 1975 General Assembly (Ga. L. 1975, p. 1695), and which was duly ratified at the 1976 general election and which relates to authorizing the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 21 (House Resolution No. 156-662) of the 1975 General Assembly (Ga. L. 1975, p. 1695), and which was duly ratified at the 1976 general election and which relates to authorizing the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5048 NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given of intention to apply for local legislation to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to authorizing the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal, which was proposed by Resolution Act 156-662 of the 1975 General Assembly and duly ratified at the 1976 General Election Ga. L. 1975, p. 1695. Manuel J. Maloof Chief Executive Officer DeKalb County 16-3019,1/16 PUBLISHER'S CERTIFICATE STATE OF GEORGIA. COUNTY OF DEKALB. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-Garbage Solid Waste Disposal, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 16th day of January, 1986. /s/ Gerald W. Crane, Co-Publisher (by) Linda L. Orr Agent Sworn to and subscribed before me this 16th day of January, 1986. /s/ B. Lynn Crane Notary Public. My Commission Expires December 4, 1989. (SEAL). Approved March 28, 1986. Page 5049 STATE COURT OF COBB COUNTY COSTS. No. 1286 (House Bill No. 1750). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change certain costs in said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 20 the following: MARSHAL For levying each fi. fa. where amount involved is $300.00 or less $ 7.00 For levying each fi. fa. where amount involved is over $300.00 13.00 For each search and return of nulla bona 10.00 For advertising personal property for sale Plus actual expense(s) incurred 10.00 For settling fi. fa. from Cobb County 13.00 For marshal's bill of sale to personalty 15.00 For settling fi. fa. from other counties 13.00 For serving subpoena, motions, and orders from other counties or courts or any pleading after judgment from this court 10.00 For serving copy of process from other counties and returning original (to be paid in advance) 15.00 For settling execution from justice's court 15.00 Following property out of county with attachment, for every mile going and returning (at a per mile rate of) .25 For commission on sale of personal property on sum of $1,000.00 or less 10% For commission on sale of personal property on sum in excess of $1,000.00 7% Service of certified copies from other counties 15.00 Third party complaint to be served 10.00 For certified copy 3.00 Plus, per page .25 For levying on writ of possession from Cobb County 15.00 For keeping and feeding animals the actual expense(s) incurred For service of process by an officer of this court out of Cobb County mileage going and returning (at a per mile rate of) .25 For levying on writ of possession from other counties 15.00, Page 5050 and inserting in lieu thereof the following: MARSHAL For levying each fi. fa. $15.00 For each search and return of nulla bona 10.00 For advertising personal property for sale Plus actual expense(s) incurred 10.00 For settling fi. fa. from Cobb County 13.00 For marshal's bill of sale to personalty 15.00 For settling fi. fa. from other counties 13.00 For serving subpoenas 4.50 For serving motions and orders from other counties or courts or any pleading after judgment from this court 15.00 For serving copy of process from other counties and returning original (to be paid in advance) 15.00 For settling execution from justice's court 15.00 Following property out of county with attachment, for every mile going and returning (at a per mile rate of) .25 For commission on sale of personal property on sum of $1,000.00 or less 10% For commission on sale of personal property on sum in excess of $1,000.00 7% Service of certified copies from other counties 15.00 Third party complaint to be served 10.00 For certified copy 3.00 Plus, per page .25 For levying on writ of possession from Cobb County 15.00 For keeping and feeding animals the actual expense(s) incurred For service of process by an officer of this court out of Cobb County mileage going and returning (at a per mile rate of) .25 For levying on writ of possession from other counties 15.00 Page 5052 Section 2. All laws and parts of laws in conflict with this Act are repealed. L-819 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1965 (Ga. L. 1964, p. 3211) and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 10, 1986. /s/ Bill Cooper Representative, 20th District Page 5053 Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Susan Gordon Notary Public, Clayton County, Georgia. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 28, 1986. HENRY COUNTY HOMESTEAD EXEMPTIONS FROM SCHOOL DISTRICT TAXES FOR CERTAIN RESIDENTS WHO ARE 62 OR OVER OR TOTALLY DISABLED; REFERENDUM. No. 1287 (House Bill No. 1607). AN ACT To grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to provide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515; to provide for all matters related to the foregoing; to provide for a special election for the purpose of approval or disapproval of the foregoing by the voters of the Henry County School District; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The homestead of each resident of Henry County who is totally disabled or 62 years of age or older and who received less than $12,000.00 of income during the preceding calendar year shall be entirely exempt from Henry County School District taxation. Page 5054 (b) For purposes of this Act the income of a person shall include the net taxable income of the person for Georgia income tax purposes plus the net taxable income for Georgia income tax purposes of each member of the person's family who resides in the homestead. (c) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Henry County shall require appropriate proof of such disability, including if necessary the affidavits of not more than two licensed physicians as to the person's disability. (d) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Henry County School District, including taxes levied to retire bonded indebtedness of the school district. (e) The exemptions granted by this Act shall apply to taxes for the year 1989 and future years. (f) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of the Henry County School District. Without limiting the generality of the foregoing, it is specifically provided that the provisions of this Act shall as of January 1, 1989, supersede and repeal the provisions of that constitutional amendment relating to exemptions from Henry County School District ad valorem taxes for certain disabled and elderly citizens of Henry County, which constitutional amendment is set out at Ga. L. 1982, p. 2515. (g) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; and except as expressly provided otherwise in this Act all provisions of general state law which apply to said exemption shall apply to the exemptions granted by this Act. Page 5055 Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the homestead of each resident of Henry County who is totally disabled or 62 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Henry County School District taxation and which supersedes and repeals prior exemptions from Henry County School District ad valorem taxes for the elderly and disabled? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5056 NOTICE Legal No. 913 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Session of the General Assembly of Georgia a bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County, to provide for a referendum; and for other purposes. This 17th day of January, 1986. Wesley Dunn 73rd District 1tc-1-22 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry County Herald which is the official organ of Henry County, on the following date: January 22, 1986. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5057 FLOYD COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1288 (House Bill No. 1819). AN ACT To provide a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal a certain prior homestead exemption; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Floyd County School District, including but not limited to taxes to retire school bond indebtedness. (2) General law exemption means that homestead exemption from county school district ad valorem taxes granted by Code Section 48-5-52 of the O.C.G.A. to persons 62 years of age or over. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40. (4) Income means gross income from all sources. Section 2. Each resident of the Floyd County School District who is 62 years of age or over is granted an exemption on that person's homestead from all Floyd County School District ad valorem taxes for educational purposes in an amount which is the greater of $10,000.00 or the exemption amount Page 5058 granted by the general law exemption, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed for the immediately preceding year an amount which is the greater of $10,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The tax commissioner of Floyd County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the income of the owner and all members of the family residing within the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4. Any person who has applied for and been granted for 1986 the general law exemption or a similar homestead exemption from ad valorem taxes for educational purposes (Ga. L. 1979, p. 1822) shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the tax commissioner of Floyd County in the event that person for any reason becomes ineligible for the exemption granted by this Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or county taxes for county purposes. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Floyd County School District ad valorem taxes for educational purposes. Section 7. That amendment to the Constitution which provides a homestead exemption from Floyd County ad valorem taxes for educational purposes to persons 62 years of age or over (Ga. L. 1979, p. 1822) is repealed when the exemption granted by this Act becomes effective. Section 8. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Page 5059 Section 9. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 10. Not less than 30 nor more than 90 days prior to the date of the August, 1986, primary, it shall be the duty of the election superintendent of Floyd County to issue the call for an election for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1986, primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 9 shall become of full force and effect immediately; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Floyd County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are repealed. Page 5060 584 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 18th day of January, 1986 E.M. Childers Honorable E.M. Childers Representative, 15th District Forrest McKelvey Paul E. Smith Ed Hine Jan. 23 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E.M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: January 23, 1986. /s/ E.M. Childers Representative, 15th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5061 JACKSON COUNTY BOARD OF EDUCATION; SCHOOL SUPERINTENDENT; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1289 (House Bill No. 1909). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 247 (House Resolution No. 730-1753) of the 1980 General Assembly (Ga. L. 1980, p. 2276), and which was duly ratified at the 1980 general election and which relates to the election of the members of the Board of Education of Jackson County and to the appointment of the school superintendent of Jackson County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 247 (House Resolution No. 730-1753) of the 1980 General Assembly (Ga. L. 1980, p. 2276), and which was duly ratified at the 1980 general election and which relates to the election of the members of the Board of Education of Jackson County and to the appointment of the school superintendent of Jackson County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 5062 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendment ratified in 1980 (Ga. L. 1980, p. 2276), providing for the election of the members of the Board of Education of Jackson County and for the appointment of the School Superintendent of Jackson County; and for other purposes. This 3rd day of February, 1986. /s/ Lauren McDonald, Jr. Honorable Lauren McDonald, Jr. Representative, 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr., who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 5, 1986; February 12, 1986. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5063 DOUGLAS COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 1290 (House Bill No. 1922). AN ACT To amend an Act creating a Magistrate's Court of Douglas County, approved April 12, 1982 (Ga. L. 1982, p. 4659), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3952), so as to change the compensation of the chief magistrate of that court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Magistrate's Court of Douglas County, approved April 12, 1982 (Ga. L. 1982, p. 4659), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3952), is amended by striking from the first sentence of Section 7 the following: $15,000.00, and inserting in its place the following: $18,000.00, so that when so amended said Section 7 shall read as follows: Section 7. The chief magistrate of the magistrate court shall receive an annual salary of $18,000.00 per annum payable from the funds of Douglas County. The governing authority of Douglas County may supplement the salary provided for in this section in the manner and in the amount it may deem appropriate. Section 2. This Act shall become effective January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5064 NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to increase the salary paid to the Chief Magistrate Judge of Douglas County and for other purposes. This 4th day of February, 1986. Thomas M. Kilgore Representative 42nd District 404:2-6 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following date: February 6, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5065 STATE COURT OF COBB COUNTY ASSISTANT SOLICITORS; COMPENSATION OF THE SOLICITOR, CHIEF ASSISTANT SOLICITOR, AND ASSISTANT SOLICITORS. No. 1291 (House Bill No. 1929). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4508), so as to authorize additional assistant solicitors; to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4508), is amended by striking in its entirety paragraph (1) of subsection (b) of Section 27 and inserting in its place a new paragraph (1) to read as follows: (1) The compensation of the solicitor shall be $48,195.00 per annum, payable in equal monthly installments from the funds of Cobb County. Section 2. Said Act is further amended by striking in its entirety subsection (d) of Section 27 and inserting in its place a new subsection (d) to read as follows: (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of the State Court of Cobb County, plus two additional assistant solicitors. The solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the Magistrate Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County; and the solicitor shall have the authority to appoint the same number of additional Page 5066 assistant solicitors as the number of judges of the Magistrate Court of Cobb County to enable the solicitor and his staff to perform such functions. The compensation of such assistant solicitors shall be determined by the solicitor except that said compensation of such assistant solicitors shall be not less than $15,000.00 nor more than $29,970.00 per annum, payable in equal monthly installments from the funds of Cobb County. Provided, however, that the compensation of the chief assistant solicitor shall be not less than $15,000.00 nor more than 90 percent of the compensation of the solicitor and shall be paid in the same manner as all other assistant solicitors. The solicitor shall prescribe the duties and assignments of said assistant solicitors; and, while so employed, they shall not engage in private practice of law. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. L-837 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964, (Ga. L. 1964, proved April 11, 1979) (Ga. L. 1979, p. 4197), fixing the compensation of the Solicitor and the Assistant Solicitors of the State Court of Cobb County and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Page 5067 Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 3, 10, 1986. /s/ Steve Thompson Representative 20th District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1988. (SEAL). Approved March 28, 1986. Page 5068 CITY OF MARIETTACOUNCIL; QUALIFICATIONS; MUNICIPAL COURT; PROBATION OFFICE. No. 1292 (House Bill No. 1934). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to change the qualifications for the office of councilman and provide that a candidate for councilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election; to provide for a probation office under the supervision of the municipal court; to provide for duties of such probation office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by striking Section 2.3 and inserting in its place a new Section 2.3 to read as follows: Section 2.3. Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least 21 years of age and shall meet the requirements of a qualified voter of the city, as prescribed by state law, shall have been a bona fide resident of the city, if a candidate for mayor, and the ward from which he seeks election, if a councilman, for at least one year next preceding the election, and shall continue to reside therein during his term of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless he has received a full pardon and has all rights of citizenship restored. Section 2. Said Act is further amended by adding a new section immediately following Section 6.7, to be designated Section 6.8, to read as follows: Page 5069 Section 6.8. Probation office. There is created a probation office which shall be under the supervision of the municipal court. The probation office shall have the duty of supervising persons convicted in the municipal court when so directed by the municipal court. The probation office shall have such other duties as may be given to it by the municipal court or by ordinance. All matters relating to the operation of the probation office shall be as directed by ordinance. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-823 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1986 session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977, (Ga. L. 1977, p. 35-41) and for other purposes. This 3rd day of January. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry D. Lawler, who, on Page 5070 oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date; January 3, 1986; January 10, 1986. /s/ Terry D. Lawler Representative, 20th District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CEDARTOWN DEVELOPMENT AUTHORITYLOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1293 (House Bill No. 1943). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cedartown Development Authority (Resolution Act No. 169; House Resolution No. 550-1065; Ga. L. 1962, p. 888); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5071 Section 1. That constitutional amendment creating the Cedartown Development Authority (Resolution Act No. 169; House Resolution No. 550-1065; Ga. L. 1962, p. 888) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cedartown Development Authority (Resolution Act No. 169; House Resolution No. 550-1065; Ga. L. 1962, p. 888); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 11th day of February, 1986. /s/ Emily C. Shaw Clerk, City of Cedartown February 13 No. 3513 GEORGIA, POLK COUNTY. PUBLISHER'S AFFIDAVIT Personally appeared before me, the undersigned notary public, Joseph D. Williams, who after being duly sworn states under oath that he is the publisher of The Cedartown Standard, the official legal newspaper of Polk County, Georgia and a newspaper Page 5072 of general circulation published in the City of Cedartown, Georgia. He further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Cedartown Standard on Thursday, February 13, 1986. Further this deponent saith not. This the 13th day of February, 1986. /s/ Joseph D. Williams Publisher Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Terry Podskoc Executed by me on 2-13-86. Notary Public, Georgia State at Large. My Commission Expires Aug. 19. 1986. (SEAL). Approved March 28, 1986. DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY MEMBERS; VOTING RIGHTS; TERMS; QUORUM; COMPENSATION. No. 1294 (House Bill No. 1958). AN ACT To amend an Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), so as to specify that the mayor of the City of Douglasville and the chairman of the board of commissioners of Douglas County shall have full voting rights as members of the authority; to change the provisions relating to terms of office of members; to change the provisions relating to quorums; to provide for compensation of members of the authority; to repeal conflicting laws; and for other purposes. Page 5073 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), is amended by striking subsections (b) and (c) of Section 3 of said Act and inserting in lieu thereof new subsections (b) and (c) of Section 3 to read as follows: (b) The authority shall be composed of seven members, five to be appointed by mutual agreement and decision of the mayor of the City of Douglasville and the chairman of the Douglas County Board of Commissioners, and the mayor and chairman serving as ex officio members with full voting rights as members of the authority. The five members shall be elected by the following method: The mayor of the City of Douglasville and the chairman of the Douglas County Board of Commissioners shall each select ten prospective members, two each from each of the five general militia districts in Douglas County. By mutual agreement and process of elimination, the mayor and the chairman shall arrive at a total of five members, one each from each of the five militia districts, to serve for staggered terms as follows: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years. If at the end of any term of office of any member a successor thereto shall not have been elected, then the member whose term of office shall have expired shall continue to hold office until his successor shall be so elected. Following the initial terms of office provided in this subsection, the term of office of each member of the authority shall be for five years. (c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of the City of Douglasville and Douglas County, the members of the authority shall enter upon their duties, and as soon as is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairman and another as vice chairman. Neither the mayor of the City of Douglasville nor the chairman of the Douglas County Board of Commissioners shall serve as chairman or vice chairman of the authority. The Page 5074 members shall also elect a secretary and a treasurer, or a secretary-treasurer who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall receive the sum of $50.00 for each meeting of the authority actually attended as compensation for their services and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to amend the Act creating the Douglasville-Douglas County Water and Sewer Authority and for other purposes. This 4th day of February, 1986. Thomas M. Kilgore Representative 42nd District 405:2-6 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following date: February 6, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Page 5075 Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved March 28, 1986. STATE COURT OF CLARKE COUNTY JUDGE; COMPENSATION. No. 1295 (House Bill No. 1964). AN ACT To amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to provide for compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, is amended by striking from Section XLI of that Act the following: Thirty-Five Thousand Five Hundred Dollars ($35,500.00), and inserting in lieu thereof the following: Page 5076 90 percent of the base salary, exclusive of any local supplement or travel allowance, now or hereafter specified for judges of the superior court by Code Section 45-7-4 of the O.C.G.A. or any similar general state law, so that when so amended Section XLI of that Act shall read as follows: Section XLI. Any other provisions of this Act to the contrary notwithstanding, the Judge of the State Court of Clarke County shall not engage in the practice of law. The Judge of the State Court of Clarke County shall be paid, in equal monthly installments from Clarke County funds, an annual salary in an amount not less than 90 percent of the base salary, exclusive of any local supplement or travel allowance, now or hereafter specified for judges of the superior court by Code Section 45-7-4 of the O.C.G.A. or any similar general state law. The governing authority of Clarke County is hereby authorized to increase that salary by the adoption of a resolution providing for such increase. Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced in the 1986 Session of the General Assembly of Georgia to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County), approved September 9, 1879 (Ga. Laws 1878-1879, p. 291), as amended. This 14th day of February, 1986. Hugh Logan Representative District 67 Bob Argo Representative District 68 PN:2-14 Page 5077 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan, who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Banner-Herald which is the official organ of Clarke County, on the following date: February 14, 1986. /s/ Hugh Logan Representative, 67th District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF SAVANNATH HISTORIC ZONES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1296 (House Bill No. 1968). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 196 (House Resolution No. 13-16) of the 1968 General Assembly (Ga. L. 1968, p. 1591) and which was duly ratified at the 1968 general election and which relates to authorizing the governing authority of the City of Page 5078 Savannah to establish historic zones within a designated area of the city; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 196 (House Resolution No. 13-16) of the 1968 General Assembly (Ga. L. 1968, p. 1591) and which was duly ratified at the 1968 general election and which relates to authorizing the governing authority of the City of Savannah to establish historic zones within a designated area of the city shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Affidavit of Publication Savannah Morning News STATE OF GEORGIA. CHATHAM COUNTY. Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; Page 5079 That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 25, 1986, and finds that the following advertisement, to-wit: LEGAL NOTICES 86-058-0115-220 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a pat of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Savannah to establish historic zones within a designated area of the City (Resolution Act No. 196; House Resolution No. 13-16; Ga. L. 1968, p. 1591); to provide the authority for this Act; and for other purposes. This 25th day of January, 1986. Dyanne C. Reese Clerk of Council Jan. 25 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 28 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 28, 1986. Page 5080 CARROLL COUNTY CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 1297 (House Bill No. 1983). AN ACT To amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4170), so as to change the compensation of the clerk of the Superior Court of Carroll County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. L. 1972, p. 2751), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4170), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The clerk of superior court shall receive an annual salary of $34,000.00, payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice to Introduce Local Legislation: Notice is hereby given that there will be introduced at the Regular 1986 session of the General Assembly of Georgia a bill to change the compensation of the Clerk of the Superior Court of Carroll County and for other purposes. Page 5081 This 3rd day of January, 1986. /s/ Charles A. Thomas, Jr. /s/ Wayne Garner, /s/ Carolyn Lee. 2181-9,16,23 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas, who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Times-Georgian which is the official organ of Carroll County, on the following date: January 9, 16, and 23, 1986. /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5082 CHATHAM AREA TRANSIT AUTHORITYCREATION; MEMBERSHIP; POWERS; SAVANNAH TRANSIT AUTHORITY ACT REPEALED. No. 1298 (House Bill No. 1699). AN ACT To create the Chatham Area Transit Authority, so as to provide for a public transportation system for the Chatham County area; to provide for a short title; to provide a statement of findings and necessity; to provide for definitions; to provide for the membership of the authority; to provide that certain officers of the authority shall be bonded; to provide for the powers of the authority; to provide for areas to be served by the authority; to provide for the handling of the financial operations of the authority; to provide for the issuance of bonds by the authority; to provide for revenue bonds and for matters relative to the issuance of such bonds; to provide for negotiability and for exemption from taxation; to provide for the sale of bonds; to provide for the use of the proceeds of bonds; to provide for temporary bonds; to provide for the replacement of lost or stolen bonds; to provide conditions relative to the issuance of bonds and for the purposes of issuance; to provide that revenue bonds issued by the authority shall not constitute debt of the state or any county or municipality; to provide for trust indentures; to provide for payment of proceeds of bonds; to provide for a sinking fund; to provide for remedies of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction for certain actions; to provide for the validation of bonds; to provide for the protection of the interest of bondholders; to provide for construction contracts and for the purchase of supplies; to provide for the fixing and charging of fares, rates, fees, tolls, or charges; to provide for certain exemptions from taxation; to provide exemption from rules and regulations of the Georgia Public Service Commission; to provide for the transfer of assets and liabilities from a previously existing authority to the Chatham Area Transit Authority; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date and for conditions relative thereto; to provide for the repeal of a specific Act; to repeal conflicting laws; and for other purposes. Page 5083 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: CHAPTER 1 Purpose of Article Section 1.1. Short title. This Act shall be known and may be cited as the Chatham Area Transit Authority Act. Section 1.2. Statement of necessity. It is found, declared, and determined that public convenience and necessity require the creation of a public authority to operate a transit system inside and outside of Chatham County and, in connection therewith, to engage in or complete projects and exercise the powers provided by this Act. Section 1.3. Definitions. As used in this Act, unless the context clearly requires another meaning, the term: (1) Authority means the Chatham Area Transit Authority created by this Act. (2) Cost of project means and includes the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, the cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incidental to the financing herein authorized, the acquisition and construction of the project, the placing of the same in operation, and the condemnation of property necessary for such acquisition, construction, and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. The cost of a project may also include Page 5084 all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of acquisition or construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Director means the director of the Chatham Area Transit Authority. (4) Transit system means any and all real property, equipment, or facilities necessary or incidental to the implementation of the purposes and intent of this Act and shall include any subsystems or separate transportation systems including, but not limited to, a bus system, train system, or any other type of transportation system. (5) Project means and includes the acquisition, construction, equipping, maintenance, improving, and operation of a transit system and related buildings and equipment and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance, and operation of such transit system deemed by the authority to be necessary, convenient, or desirable for the operation of such system. (6) Revenues means all rates, fares, tolls, fees, charges, rentals, proceeds derived from contracts for the services or facilities of the authority, government grants or other grants from public or private sources, or other income and revenue actually received or receivable by or for the account of the authority from the operation of the system, including, without limiting the generality of the foregoing, interest allowed on any moneys or securities and any consideration Page 5085 in any way derived from any properties owned, operated, or at any time maintained by the authority. CHAPTER 2 Creation and Organization of Authority Section 2.1. Creation. There is created a body corporate and politic to be known as the Chatham Area Transit Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said authority may contract and be contracted with, bring and maintain actions, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. Section 2.2. Membership. (a) The authority shall consist of the members of the Board of Commissioners of Chatham County and three citizen members as follows: (1) One resident of the City of Savannah appointed by the mayor and aldermen of said city; (2) One resident of the unincorporated area of Chatham County appointed by the board of commissioners of said county; and (3) One resident of any municipality, other than the City of Savannah, which lies within a special district for transit services created by the Board of Commissioners of Chatham County who shall be appointed as provided in paragraph (1) of subsection (b) of this section. (b) (1) The citizen member of the authority provided for by paragraph (3) of subsection (a) of this section shall be appointed by a resolution naming the same person as such member being adopted by the governing authority of each municipality, other than the City of Savannah, which lies within a special district for transit services created by the Board of Commissioners of Chatham County. Such citizen member shall serve for a term of office concurrent with the terms of office, or concurrent with the remaining unexpired terms of office in the case of the first such member, of members Page 5086 of the authority who are also members of the Board of Commissioners of Chatham County. Successors to such citizen member shall be appointed to take office at the same time members of the Board of Commissioners of Chatham County take office following their election, but any such citizen member shall serve until a successor is appointed and qualified as provided in this paragraph. (2) The citizen members of the authority provided for by paragraphs (1) and (2) of subsection (a) of this section shall serve for terms of office concurrent with the terms of office, or concurrent with the remaining unexpired terms of office in the case of the first such members, of the members of the respective governing authorities making the appointment. Such members shall serve until their successors are appointed and qualified as provided in paragraph (1) or (2) of subsection (a) of this section. (3) All citizen members of the authority shall be users of the transit system. Any citizen member who has served for two consecutive full terms of office shall not be eligible for reappointment as a member of the authority. (c) (1) A citizen member's seat on the authority shall be forfeited if: (A) The member lacks at any time the qualifications for membership on the authority provided by this Act; (B) The member is convicted of any felony or other crime involving moral turpitude, regardless of the sentence imposed; or (C) The member fails to attend four consecutive regular meetings of the authority without being excused by the authority. (2) If the seat of any citizen member of the authority becomes vacant because of death, resignation, or forfeiture Page 5087 as provided in paragraph (1) of this subsection, or for any other reason, such vacancy shall be filled for the unexpired term in the same manner that an appointment is made for a full term as provided in this section. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (e) No member of the authority shall vote on any matter in which such member shall have directly or indirectly any financial interest. Except for compensation received as an employee, no employee of the authority shall have directly or indirectly any financial interest in or profit or benefit from any contract, work, or business of the authority or in the sale, lease, or purchase of any property to or from the authority. (f) Members of the authority shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred on authority business, provided such expenses were authorized in advance of their being incurred. (g) Unless otherwise provided by procedures or bylaws adopted by the authority, the chairman of the Board of Commissioners of Chatham County shall be the chairman of the authority and the vice-chairman of the Board of Commissioners of Chatham County shall be the vice-chairman of the authority. The vice-chairman shall act in the absence or inability of the chairman. Regular meetings of the authority shall be held at least quarterly, the time, place, and notice of such meetings to be fixed by the authority. All meetings of the authority shall be conducted in accordance with Robert's Rules of Order , unless the authority shall adopt other rules. All motions, resolutions, and all other proceedings of the authority and all documents and records in its possession shall be public records and open to public inspection as provided in Article 4 of Chapter 18 of Title 50 of the O.C.G.A. (h) The chairman of the authority shall be entitled to vote on any matter coming before the authority. Section 2.3. Secretary-treasurer and director. (a) A secretary-treasurer and a director shall be appointed by the authority Page 5088 and shall serve at the pleasure of the authority. The secretary-treasurer need not be a member of the authority and the director shall not be a member of the authority. Both officers shall perform those duties imposed by this Act and by policies of the authority. The director shall have responsibility for the management of the properties and business of the authority and the employees thereof, shall direct the enforcement of all resolutions, rules, and regulations of the authority, and shall perform such other duties as may be prescribed from time to time by the authority. (b) Before entering upon the duties of their respective offices, the secretary-treasurer and director shall each execute a bond with a corporate surety to be approved by the authority. The bond of both officers shall be payable to the authority in whatever penal sum may be directed by the authority, conditioned upon the faithful performance of the duties of their respective offices and the payment of all moneys received by each of them according to law and the orders of the authority. The authority may at any time require a new bond from either or both officers in such penal sum as may then be determined. Section 2.4. Audits. The authority shall cause the books and records of the authority to be audited annually by the external auditor of Chatham County, unless another qualified auditor, who shall be a certified public accountant or a firm of certified public accountants, is selected by the authority. CHAPTER 3 Powers of Authority Section 3.1. General and enumerated powers. The powers of the authority shall include, but shall not be limited to, those powers generally conferred upon authorities pursuant to law and shall also include those specifically granted by this Act which may be exercised to accomplish the purpose for which the authority is created. The specific powers of the authority shall include the following: (1) To receive and administer gifts, grants, and donations; (2) To adopt a seal and alter the same at its pleasure; Page 5089 (3) To execute contracts in such manner as the authority may determine; (4) To acquire by grant, purchase, gift, device, or lease; and to hold, use, sell, lease, or dispose of real and personal property of every kind and nature whatsoever as may be necessary for the full exercise of, or convenient or useful for the carrying on of, any of its powers granted by this Act; (5) To acquire, construct, complete, develop, own, operate, and maintain a transit system for the purpose of transporting persons inside and outside of Chatham County, including power to acquire by purchase, lease, gift, or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data, or reports owned or held by any person, firm, or corporation and determined by the authority to be necessary, convenient, or useful to the authority in connection with the acquisition, construction, completion, development, operation, or maintenance of the transit system; (6) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix or provide for their respective compensation; to provide for pension and retirement plans for these officers, agents, and employees; to provide for or contract for group life, medical, and hospitalization insurance plans for said officers, agents, and employees and to pay the costs thereof either in whole or in part; and to be a self-insurer as to workers' compensation claims without being required to comply with the provisions of the Official Code of Georgia Annotated which relate to self-insurers and the posting of security or indemnity bonds; (7) To borrow money for any of its corporate purposes and to issue notes or bonds therefor and to sell, convey, mortgage, pledge, and assign any and all of its funds, property, or income as security therefor and to provide for the payment of the same and the rights of the holders thereof; (8) To issue negotiable or registered bonds, including revenue and refunding bonds, under such terms and conditions Page 5090 as it deems appropriate and to provide for the payment of same and for the rights of the holders thereof; (9) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not expressly prohibited by law; (10) To bring and maintain actions in its corporate name in all courts of competent jurisdiction; (11) To enter into contracts or agreements with any public or private corporation, or other person or with the United States, the State of Georgia, Chatham County, any municipalities, or any other governmental units, authorities, or political subdivisions in order to exercise and carry out its powers and purposes; (12) To have and to exercise the usual powers of public and private corporations performing similar functions which are not in conflict with the Constitution and laws of this state or of the United States of America; (13) To make and execute all instruments and contracts for the acquisition of existing transportation facilities, acquisition of new facilities and properties, and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the authority; (14) To enter into contracts for the operation, maintenance, management, or supervision of all or any portion of the transit system; (15) To accumulate its funds from year to year and to invest the same in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (16) To exercise the right and power of eminent domain for the condemnation of real or personal property or any right or interest therein for its use in the operation of the business of the authority, including the power to acquire real property in fee simple or any lesser estate or interest; Page 5091 (17) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer, or employee of the authority in the performance of the duties of office or employment of any other insurable risk; (18) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the board may deem necessary or expedient in facilitating the business of the authority; (19) To acquire for cash or by exchange of its bonds any publicly or privately owned bus lines or other transportation facilities inside or outside of Chatham County, which may be integrated as feeder services with the transit system of the authority; (20) To require that certain officers and employees shall execute a bond with a corporate surety to be approved by the authority. The bond of such officers and employees shall be payable to the authority in whatever penal sum may be directed by the authority, conditioned upon the faithful performance of the duties of their respective offices and the payment of all moneys received by them according to law and the orders of the authority. The authority may at any time require a new bond from any officer or employee in such penal sum as may then be determined; and (21) To exercise any and all other powers necessary or convenient to carry out the purposes and intent of this Act. Section 3.2. Area served. No area within Chatham County shall be served by the Chatham Area Transit Authority unless it is part of a special district for transit services created by the Board of Commissioners of Chatham County as provided by law and as authorized by Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia. All areas of Chatham Page 5092 County which are included within such special district for transit services shall be served by the transit system of the authority on a reasonable basis throughout such special district. Section 3.3. Financial operations. The financial operations of the authority, including but not limited to, investment of funds, financial accounting and reporting, purchasing, and other such financial or administrative matters may be performed by Chatham County unless otherwise directed by the authority. Section 3.4. The authority shall have sovereign immunity except, however, the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the authority for which liability insurance protection for such claims has been provided but only to the extent of the liability insurance so provided. CHAPTER 4 Bonds Section 4.1. Revenue bonds. In furtherance of the purposes of this Act and for the purpose of acquiring, constructing, and equipping a modern and efficient transit system or any part thereof and for the purpose of financing the cost of any project in connection therewith, the authority may issue revenue bonds in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law and exercise, in addition to the other powers provided by this Act, the powers provided by said Revenue Bond Law in the same manner and to the same extent as counties and municipalities of this state. Section 4.2. Issuance of revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable or registered revenue bonds for the purpose of paying all or any part of the cost of a project of the authority. The principal and interest of such revenue bonds shall be payable solely from the special funds hereinafter provided by this Act for such payment. The bonds of each issue Page 5093 shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable at such times, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance pursuant to and in conformity with the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereof, except that in lieu of specifying the rate or rates of interest which the bonds are to bear, which may be fixed or may fluctuate or otherwise change from time to time, the petition to validate the bonds may set forth a maximum rate of interest which any bonds are to bear. Section 4.3. Form, denominations, registration, place of payment. The authority shall determine the form of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone or as to both the principal and interest. Section 4.4. Signatures, seal. Should any officer whose signature or facsimile signature appears on any bonds or whose signature or facsimile signature appears on any coupon cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto or printed thereon and any coupons attached thereto shall bear the facsimile signature of the chairman or secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the preparation or execution of such bonds shall be duly authorized or hold the proper office, although at Page 5094 the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 4.5. Same; negotiability; exemption from taxation. Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 4.6. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. Section 4.7. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects for which the bonds were issued, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to be paid from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds. Section 4.8. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 4.9. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Page 5095 Section 4.10. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project of the authority. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority. Section 4.11. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Chatham County, or any municipality served by the authority, nor a pledge of the faith and credit of the said state, county, or municipality, but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said state, county, or municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals covering substantially the foregoing provisions of this section. Section 4.12. Same; trust indenture as security. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside of the state having trust powers. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers Page 5096 or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 4.13. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 4.14. Same; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, Page 5097 as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest on such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of any transfer, registrar, or paying agent for the bonds, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 4.15. Same; remedies of bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 4.16. Same; refunding bonds. The authority is authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from Page 5098 any such city, county, or authority. The issuance of such revenue refunding bonds, and maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 4.17. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of his Act or any suit or action against such authority shall be brought in the Superior Court of Chatham County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 4.18. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the authority to furnish or receive the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality or other party shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, against the authority, subdivision, instrumentality, or other party contracting with the said authority. Section 4.19. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions Page 5099 of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. CHAPTER 5 Fiscal Section 5.1. Construction contracts. All construction contracts and all contracts for the purchase of supplies, equipment, and services, shall be awarded in accordance with policies and procedures established by the authority. Section 5.2. Rates. The authority is authorized to prescribe and fix and collect fares, rates, fees, tolls, or charges and to revise from time to time and collect such fares, rates, fees, tolls, or charges for the transportation services and facilities furnished. CHAPTER 6 Exemptions Section 6.1. Exemption from taxation. The authority shall be exempt from payment of all taxes and assessments, ad valorem, sales, use, income, and others, imposed by the State of Georgia or by any of its subdivisions or taxing districts upon any property, real and personal, acquired or owned by the authority or under its jurisdiction, control, possession, or supervision, and upon its activities in the operation and maintenance of any such properties, and on the income derived by the authority from the operation of said transit system or otherwise. The bonds of the authority, their transfer and the income therefrom, shall be exempted from taxation by the state or any of its subdivisions or taxing districts. Section 6.2. Exemption from rules. The authority shall be exempt from the rules and regulations of the Georgia Public Service Commission and the Public Service Commission shall not be responsible for regulating the operations of the authority. CHAPTER 7 Transition Provisions Section 7.1. Transfer of assets and liabilities. Upon the Page 5100 adoption of a resolution for such purpose by the authority and at the time specified by such resolution, all property, both real and personal, and all other assets and liabilities including, but not limited to, all agreements, rights, interests, grants, and leases of the Savannah Transit Authority shall be transferred to the Chatham Area Transit Authority, except that any debts still outstanding as being owed to Chatham County or any municipality in Chatham County shall be subject to such modification or cancellation as may be mutually agreeable to the Chatham Area Transit Authority and such county or municipality. CHAPTER 8 Construction Section 8.1. Construction. This Act being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes of this Act; and the specific powers, authority, and immunities granted by this Act are to be construed as an illustration of and not as a limitation of, the general powers, authorities, and immunities granted by this Act. CHAPTER 9 Construction and Legislative Intent Section 9.1. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. CHAPTER 10 Effective Date Section 10.1. Effective date. This Act shall become effective Page 5101 on January 1, 1987, provided, however, that this Act shall not become effective until a special district for transit services has been created by the Board of Commissioners of Chatham County as provided for in Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia. CHAPTER 11 Repeal of Savannah Transit Authority Act of 1960 Section 11.1. Repeal of Act. Upon the adoption of the resolution specified by Section 7.1 of this Act and at the time specified by said resolution for the transfer of the assets and liabilities of the Savannah Transit Authority to the Chatham Area Transit Authority created by this Act, the Act known as the Savannah Transit Authority Act of 1960, approved March 17, 1960 (Ga. L. 1960, p. 2620), as amended, shall stand repealed in its entirety and shall no longer have any force and effect. CHAPTER 12 General Repealer Section 12.1. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; Page 5102 That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 11, 1986, and finds that the following advertisement, to-wit: LEGAL ADVERTISEMENT NOTICE is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a Bill relative to the creation of the Chatham Area Transit Authority, and for other purposes. This 7th day of January, 1986. Charles C. Brooks, Chairman Chatham County Board of Commissioners Jan. 11 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 23 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 28, 1986. Page 5103 CITY OF SUMMERTOWN NEW CHARTER. No. 1299 (House Bill No. 1795). AN ACT To create and incorporate the City of Summertown in the County of Emanuel and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for school buildings and equipments for same, sewers, electric lights, and water works; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for other matters of municipal regulations, concern, and welfare; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CHARTER, INCORPORATION, POWERS Section 1.10. Incorporation. The City of Summertown, Georgia, in the County of Emanuel, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Summertown, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and later may renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Page 5104 Section 1.11. Corporate limits. The corporate limits of the City of Summertown shall be as follows: One-half of one mile in every direction from a point where the old railroad depot used to be located in said city. Section 1.12. Jurisdiction and venue. (a) The jurisdiction of the City of Summertown shall extend throughout the entire corporate limits of the city. (b) Unless otherwise provided by general law, venue in all actions involving the City of Summertown shall be Emanuel County, Georgia. Section 1.13. Specific powers. In conformity with and subject to the requirements of the general laws of this state, the corporate powers of the government of the City of Summertown, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple Page 5105 or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under Title 22 of the O.C.G.A. or under other applicable public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties, and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services not to exceed periods of 35 years; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; Page 5106 (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and to make other public improvements inside or outside the corporate limits of the city and regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or other applicable public Acts as are or may be enacted; (13) To require real-estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said city by preventing the obstruction of the streets or the gathering of disorderly crowds; and to prohibit or regulate by ordinance such other conduct and activities within the City of Summertown which, while not constituting offenses against the laws of this state are, nevertheless, deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; Page 5107 (16) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquids and liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads and within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal Page 5108 of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and for the sale of such items; to levy, fix, assess, and collect a service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; and to provide for the collection of and to enforce the payment of such charges, taxes, and fees; (25) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer connection fee or fees or a sewer service charge, fee, or tax for the use of sewers, or both; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (26) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee, service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (27) To define, regulate, and prohibit any act, conduct, practice, or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (30) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, Page 5109 gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; (31) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city or to provide for commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (32) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (33) To regulate the operation of motor vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (34) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (35) To provide and maintain a system of pensions and retirement for officers and employees of the city; (36) To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) To enter into contracts and agreements with other government entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; Page 5110 (38) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (39) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (40) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (41) To exercise the power of arrest through duly appointed policemen; (42) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; and (43) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Page 5111 Section 1.14. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.15. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Summertown full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.16. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the City of Summertown, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for a period of one year immediately prior to the date of the election of mayor or members of the council, shall continue to reside therein during Page 5112 his period of service, shall be registered and qualified to vote in municipal elections of the City of Summertown, and shall have attained the age of 21 years at the beginning of the term. Section 2.12. Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any council member shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this section shall not apply to any person holding employment on the effective date of this Act. (b) Neither the mayor nor any council member shall vote upon any question in which he is personally interested. Page 5113 Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Summertown as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Summertown and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may by ordinance change, create, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Regular and special meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or shall be telephoned personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice Page 5114 shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meetings, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.18. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.19. Quorum, voting. The mayor or mayor pro tempore and three council members shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them. Section 2.20. Action requiring an ordinance; ordinance forms. Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The council of the City of Summertown hereby ordains..... Section 2.21. Procedure for introduction of ordinance; distribution. An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.22 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. Page 5115 Section 2.22. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.23. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. Section 2.24. Codification of ordinances. All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the City of Summertown, Georgia, as amended. All ordinances contained therein shall be deemed to have been duly passed by the mayor and council and duly signed, authenticated, and recorded by the city clerk. Section 2.25. Organization meeting. (a) The council shall meet for organization on the date and at the time of the first regular meeting in January following the city elections. Prior to entering upon office, the oath of office shall be administered to the newly elected members by the mayor, mayor pro tempore, or anyone authorized to administer oaths as follows: Page 5116 I do solemnly swear that I will well and truly perform the duties of mayor (or member of council as the case may be) of the City of Summertown, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. (b) The council shall have the right to elect one of its members to serve as mayor pro tempore for a two-year term of office. Section 2.26. Signing, authenticating, recording, and printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption. Following publication of the first Code of the City of Summertown and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Chief executive officer. The mayor shall be the chief executive of the City of Summertown. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.28. Term, qualifications. The mayor shall be elected for a term of two years and until his successor is elected and qualified. He shall be a qualified elector of the City of Summertown, shall have attained the age of 21 years before the beginning of his term, and shall have been a resident of the City of Summertown for a period of one year immediately preceding his election. He shall continue to reside in the City of Summertown during the period of his service. Page 5117 Section 2.29. Duties of mayor. As the chief executive officer of the City of Summertown the mayor shall: (1) Preside at all meetings of the city council; (2) Be the official head of the city for the service of process and for ceremonial purposes; (3) Have power to administer oaths and take affidavits; (4) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) Call special meetings of the council as provided for in Section 2.19 of this charter; (9) Examine and audit all accounts of the city before payment; (10) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (11) Suspend any appointed city employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employer or officer's capability shall be decided by the council; Page 5118 (12) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (13) Break a tie vote of the council members; and (14) Perform other duties as may be required by law, this charter, or ordinance. Section 2.30. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, or, in his absence or disability for any cause, one of the council members chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. ARTICLE III ADMINISTRATION Section 3.10. Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall Page 5119 serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by applicable state law. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. Page 5120 (g) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one year. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.12. City manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.13. City attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.14. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct. Section 3.15. City tax collector. The council may appoint a city tax collector to collect all taxes, licenses, fees, and other money belonging to the city subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Page 5121 Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.16. City accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.17. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.18. Position classification and pay plans. The mayor may be responsible for the preparation of position classification and pay plans which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Summertown and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.19. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plans, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Summertown. ARTICLE IV MUNICIPAL COURT Section 4.10. Municipal court; creation. There is established Page 5122 a court to be known as the Municipal Court of the City of Summertown which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court and the mayor and the mayor pro tempore may serve as the judge and the judge pro tempore, respectively. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. Such person shall serve at the discretion of the council and his compensation shall be fixed by the council. (b) The judge pro tempore shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this state that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Summertown Page 5123 and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or five days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days, or both, and, as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the hudge presiding at such time and execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge, declared forfeited to the City of Summertown or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. Page 5124 (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Summertown granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Emanuel County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for court. With the approval of council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the municipal court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection; and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Election of mayor and council. (a) On the second Tuesday in December, 1987, and on that day biennially thereafter, the general municipal election for mayor and council of the City of Summertown shall be conducted as provided in this article. Page 5125 (b) For purposes of electing members of the council under this charter, there shall be four council posts designated as Post 1, Post 2, Post 3, and Post 4. Any person offering for membership on the council shall designate at the time of qualifying for election that post for which such person is offering. Notwithstanding these post delegations, each member of the council, as well as the mayor, shall be elected by the qualified voters voting in the entire city. (c) For purposes of this section, those persons named in this subsection who are serving as members of the council of the city on the first day of January, 1986, shall be deemed to be serving in designated posts, under subsection (b) of this section, as follows: Mr. H. F. Kirkland - Post 1 Mr. Jerry K. Paige - Post 2 Mr. James E. Fulgum - Post 3 Mr. Joe L. Kirkland, Sr. - Post 4 (d) For the period beginning on the effective date of this charter and ending on the first regular meeting night of January, 1987, the council shall consist of the incumbent mayor and incumbent members of the council elected under that city charter existing immediately prior to the effective date of this charter. (e) The mayor and each member of the council shall be elected by majority vote. Section 5.11. Qualifying; voting procedures. The council may by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of the elections in the City of Summertown. Section 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials for the City of Summertown as to primary, special, or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code (Chapter 3 of Title 21of the O.C.G.A.) as now or hereafter amended. Page 5126 Section 5.13. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code as now or hereafter amended. Section 5.14. Election of mayor and council members by majority vote. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. The candidates for council posts receiving a majority of the votes cast for a respective council post shall be declared elected as council member for the particular post for which they qualified. Section 5.15. Grounds for removal of elected officers. The mayor or any council member shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for removal. Removal of an elected officer from office may be accomplished by either of the following methods: Page 5127 (1) By action of unanimous vote of the entire membership of the council; provided, however, that if the person sought to be removed is a member of the council, then he shall not vote. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Emanuel County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed with the Superior Court of Emanuel County as provided by law. ARTICLE VI FINANCE Section 6.10. Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Summertown. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Page 5128 Section 6.13. Licenses, occupational taxes, excise taxes. The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Summertown, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify business, occupations, professions, or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy any excise tax not prohibited by general law. Section 6.14. Sewer service charge. The council may provide by ordinance for the assessment and collection of fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer charge shall constitute a lien against any property served which lien shall be second in priority only to liens for county and city property taxes and enforceable in the same manner and under the same procedures as a lien for the city property taxes. Section 6.15. Sanitary and health service charge. The council shall have the authority to levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city and benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Page 5129 Section 6.16. Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 12 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or mayor and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.18. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance Page 5130 with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.19. Construction, other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.20. General obligation bonds. The council shall have the power to issue bonds to raise revenue for any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended or by any other Georgia law as now or hereafter provided. Section 6.22. Short-term notes. Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.23. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the city government unless otherwise provided by state or federal law. Section 6.24. Preparation of budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget including requirements as to scope, content, and form of any such budgets and programs. Section 6.25. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special Page 5131 meeting called for such purpose; provided, however, that any such additional appropriations may be made only from existing unappropriated surplus in the fund to which it applies. Section 6.26. Capital improvements budget. (a) On or before the date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvement budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget except to meet a public emergency threatening the lives, health, or property of the inhabitants and when passed by a two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first Monday in July of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.27. Contracting procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.28. Centralized purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Summertown. (b) The council may sell and convey any real or personal property owned or held by the City of Summertown for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. Page 5132 (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds. The officers and employees both elected and appointed of the City of Summertown shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.11. Existing ordinances and regulations. Existing ordinances and regulations of the City of Summertown not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Summertown not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the City of Summertown shall continue, and any such ongoing work or cases shall be dealt with Page 5133 by such city agencies, personnel, or office as may be provided by the city council. Section 7.13. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.14. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided herein is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months or both such fine and imprisonment. Section 7.15. Continuance in office. The mayor and council members serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as herein provided. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.16. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.17. Specific repealer. An Act incorporating the Town of Summertown in the County of Emanuel, approved August 21, 1906 (Ga. L. 1906, p. 1056), as amended by an Act approved March 23, 1977 (Ga. L. 1977, p. 3853), is repealed in its entirety. Page 5134 Section 7.18. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1986 Session of the General Assembly of Georgia, an Act to reincorporate and provide a new Charter for the City of Summertown, in Emanuel County, to provide for the corporate limits and government of the City; to provide for all related matters; to repeal an Act incorporating the City of Summertown, in Emanuel County approved August 10, 1920 (Ga. L.1920 P.862) as amended and for other purposes. This 31st day of January, 1986. Jack E. Bishop Mayor, City of Summertown 2L5(F5c) GEORGIA, EMANUEL COUNTY. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, WILLIAM C. ROGERS, SR., who on oath deposes that he is the Publisher of THE BLADE, the official organ of Emanuel County, and states that the attached copy of Notice of Intention to Introduce Local Legislation was published in THE BLADE on February, 5th, 1986. /s/ William C. Rogers, Sr., Publisher Sworn to and subscribed before me this 6th day of February, 1986. /s/ Ruby Fagler Notary Public. (SEAL). Approved March 28, 1986. Page 5135 CATOOSA COUNTY TAX COMMISSIONER; COMPENSATION; HELP. No. 1300 (House Bill No. 1976). AN ACT To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4371), so as to change provisions relating to the compensation of the tax commissioner; to increase the amount payable for help in that office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4371), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The compensation of the tax commissioner of Catoosa County, as full compensation for any and all duties performed by him as receiver and collector of school district and school bond taxes and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments. In addition to said $6,000.00 annual salary, the tax commissioner shall, when acting as ex officio sheriff, be entitled to an additional salary of $200.00 per month, as provided for in subsection (c) of Code Section 48-5-137 of the O.C.G.A. There shall also be paid to the tax commissioner, but not as personal funds of the tax commissioner, the sum of $60,000.00 per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional, and special taxes and Page 5136 on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes due shall include, without being limited to, those motor vehicle taxes listed in said digest. Said commissioner shall be entitled to a commission of 10 percent of all collections in excess of 90 percent of the total taxes due according to the tax net digest, and said commissioner's entitlement thereto shall be unaffected by any salary limitation set forth in paragraph (3) of subparagraph (c) of Code Section 48-5-180 of the O.C.G.A. Said tax commissioner shall also be entitled to the fees now allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be requested local legislation to increase the clerical allowance of the office of the Tax Commissioner of Catoosa County, Georgia, and for other purposes, at the January, 1986 session of the General Assembly of the State of Georgia. Page 5137 This the 9th day of December, 1985. Charles Proctor, Sr., Tax Commissioner, Catoosa County, Ringgold, Ga. 30736. 3tc, 12-11;18,25 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: December 25, 1986. /s/ ROBERT G. PETERS Representative, 2nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 28, 1988 (SEAL) Approved March 28, 1986. Page 5138 CHATTOOGA COUNTY BOARD OF COMMISSIONERS CREATED; REFERENDUM. No. 1301 (House Bill No. 1972). AN ACT To create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for penalties in connection therewith; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The governing authority of Chattooga County shall be the board of commissioners of Chattooga County, hereinafter referred to in this Act as the board of commissioners or the board, which shall consist of five members. The members of the board of commissioners shall be elected as provided in this Act. Section 2. (a) For the purpose of electing the members of the board of commissioners, Chattooga County shall be divided into five commissioner districts as follows: Commissioner District No. 1 Chattooga Tract 9901 That part of Block 114 west of Taylor Ridge Blocks 115 through 154 That part of Block 155 inside the City of Trion Blocks 156 through 159 and 165 through 171 Page 5139 Tract 9902 Blocks 101 through 160 Commissioner District No. 2 Chattooga Tract 9901 That part of Block 155 outside the City of Trion Blocks 162 through 164, 172 through 184, and 186 through 199 Blocks 201 through 226, 228 through 236, 265, and 267 through 271 That part of Block 272 inside the Trion CCD Blocks 317 and 318 Tract 9902 Blocks 161 through 169 Blocks 305 through 317 Tract 9903 Blocks 206, 264, 265, and 269 Commissioner District No. 3 Chattooga Tract 9901 Blocks 227, 237 through 261, 263, and 264 That part of Block 272 inside the Trion CCD Tract 9902 Blocks 318 through 357 Tract 9903 Blocks 207 through 263 Tract 9904 Blocks 115 through 163 Commissioner District No. 4 Chattooga Tract 9902 Block Group 2 Page 5140 Blocks 301 through 304 Tract 9903 Block Group 1 Blocks 201 through 205, 266 through 268, and 270 through 273 Block Group 3 Tract 9904 Blocks 164 through 167 and 178 through 181 Commissioner District No. 5 Chattooga Tract 9901 Blocks 101 through 113 That part of Block 114 East of Taylor Ridge That part of Block 272 in the Little Sand Mountain CCD Blocks 273 through 299 Blocks 301 through 307 Tract 9904 Blocks 101 through 114, 168, 170 through 177, and 182 through 199 Block Groups 2 and 3 (b) For the purposes of subsection (a) of this section the terms Census County Division (CCD), Tract, Block Group, and Block shall mean and describe the same geographical boundaries as described in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia, County of Chattooga. (c) Any part of Chattooga County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980. Section 3. (a) There shall be elected one commissioner from each commissioner district described in Section 2 of this Act. Each commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. In order to be eligible for election as commissioner, a Page 5141 candidate for said office must have resided within the area comprising the commissioner district for which said candidate is offering for election for at least one year prior to the date of the general election at which such commissioner is to be elected. Each person offering for nomination or election as commissioner shall specify the commissioner district for which the person is offering. A person must be at least 21 years of age as of the date of taking office as a member of the board of commissioners. (b) Each member of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (c) Each member of the board of commissioners shall remain a resident of the respective commissioner district from which the member was elected during a term of office. Any member who ceases to be a resident of the district from which elected during a term of office shall thereby forfeit the remaining term of office and a vacancy shall thereby be created. (d) It shall be unlawful for any candidate for nomination or election to the board to enter into any agreement or understanding with any person relating to the disposal of any work, the purchase of any supplies, or any appointment which is or shall be under the control of the board. Any person violating the provisions of this subsection shall be ineligible to hold office as a member of the board and shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor. Section 4. (a) The first members of the board of commissioners provided for by this Act shall be elected at the general election of 1988. The first members elected from Commissioner Districts 1, 3, and 5 shall take office on the first business day of January, 1989, for terms of four years and until their successors are elected and qualified. The first members elected from Commissioner Districts 2 and 4 shall take office on the first business day of January, 1989, for initial terms of two years and until their successors are elected and qualified. (b) Successors to the first members of the board of commissioners elected under subsection (a) of this section and future successors shall be elected at the general election immediately Page 5142 preceding the expiration of the respective terms of office and shall take office on the first business day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 5. Before entering office, each member of the board shall subscribe to the oath required by law of county officers and shall also give bond, with good security, payable to the Governor of this state in the sum of $25,000.00 conditioned upon the faithful performance of duties as a member of the board. Each such bond shall be approved by the judge of the Probate Court of Chattooga County. The costs of such bonds shall be paid from the funds of Chattooga County. Section 6. The board of commissioners shall hold a regular meeting at least once each month and shall provide by ordinance or resolution for the time of such regular meetings and the procedures and requirements for holding additional meetings. All meetings of the board shall be conducted in conformity with the requirements of Chapter 14 of Title 50 of the O.C.G.A., relating to the conduct of meetings by public agencies. Section 7. (a) At the first regular meeting of the board of commissioners which is held immediately following newly elected members taking office, the members of the board shall elect a chairman from their own membership to serve until a successor chairman is elected at the first regular meeting of the board of commissioners which is held following the next election of members of the board. Any member who serves as chairman shall be eligible to succeed himself or herself in office as chairman. (b) The chairman shall preside at meetings of the board and shall have such additional powers and duties as the board, by ordinance or resolution, shall prescribe. (c) The member serving as chairman shall continue to be a full voting member of the board. Section 8. (a) Each member of the board of commissioners including the chairman shall be compensated in the amount of $2,400.00 per annum. The compensation of the chairman and other members shall be paid in equal monthly installments from the funds of Chattooga County. Page 5143 (b) The members of the board of commissioners including the chairman may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties and may receive a travel allowance for traveling by private automobile on official county business. For traveling by common carrier on official county business, members may be reimbursed for actual and necessary transportation expenses. The board of commissioners shall provide by ordinance or resolution procedures and requirements for the reimbursement of expenses consistent with the provisions of this subsection. (c) Except as otherwise provided by subsection (b) of Code Section 16-10-6 of the O.C.G.A., no officer or employee of Chattooga County or any agency thereof shall be interested, directly or indirectly, in any contract made with the county or receive any profit or emolument for any purchase or sale of material or other articles sold to the county or paid for from the funds of the county. Section 9. (a) In the event a vacancy occurs in the membership of the board of commissioners because of death, resignation, removal of residence from the commissioner district from which elected or because of any other reason, such vacancy shall be filled as follows: (1) If the remaining term of office is more than one year, the vacancy shall be filled for the unexpired term by special election as provided in subsection (b) of this section; or (2) If the remaining term of office is one year or less, the remaining members of the board shall appoint a qualified resident of the commissioner district wherein the vacancy exists to serve for the unexpired term. (b) A special election required by paragraph (1) of subsection (a) of this section shall be called by the election superintendent of Chattooga County within ten days after the date of the vacancy. The election superintendent shall set the date of the election at least 30 but not more than 90 days after the date on which the call for the election is issued. The special election shall be held only within the commissioner district wherein the vacancy exists. All such special elections shall be held and Page 5144 conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. When a vacancy is filled by special election, the remaining members of the board of commissioners shall be authorized to appoint a qualified resident of the commissioner district wherein the vacancy exists to serve until the person elected at the special election takes office. (c) If the vacancy is in the office of the member who is serving as chairman, the remaining members shall elect from their membership a chairman to serve until a chairman is regularly elected as provided in subsection (a) of Section 7 of this Act. Section 10. (a) Every proposed ordinance or resolution shall be introduced in writing. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codifications and revisions of ordinances and resolutions of the board of commissioners. (b) Except for emergency ordinances or resolutions under subsection (c) of this section, no ordinance or resolution shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. The affirmative vote of a majority of the full membership of the board of commissioners shall be required for the adoption of any ordinance or resolution. The passage of all ordinances or resolutions shall require the recording of ayes and nays and the names of the members of the board of commissioners voting for and against each proposed ordinance or resolution or amendment thereto shall be entered upon the journal of the proceedings of the board of commissioners. (c) To meet a public emergency threatening life, health, property, or public peace, the board of commissioners may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew, or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it Page 5145 shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the board of commissioners shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance or resolution shall automatically stand repealed on the sixteenth day following the date on which it was adopted but, if the emergency still exists, the automatic repeal of the ordinance or resolution shall not prevent its reenactment in the manner specified in this subsection. An emergency ordinance or resolution may also be repealed by adoption of the repealing ordinance or resolution in the same manner specified in this subsection for adoption of emergency ordinances or resolutions. (d) The board of commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance or resolution. Section 11. (a) There shall be a county manager who shall be elected by a majority vote of the members of the board. The county manager shall be chosen solely on the basis of executive and administrative qualifications and need not be a resident of Chattooga County or of the state at the time of election by the board of commissioners. A person selected as county manager shall have at least three years' experience in government or business administration or a bachelor's degree in business or public administration. (b) The county manager may be removed from office by a majority vote of the members of the board of commissioners. At least 30 days before such removal shall become effective, the board of commissioners shall adopt a preliminary resolution stating the reasons for the removal of the county manager. By the preliminary resolution, the board of commissioners may suspend the county manager from duty. The county manager may, within ten days, reply in writing and may request a public hearing which shall be held not earlier than 20 nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the board of commissioners may adopt a final resolution of removal. If Page 5146 the county manager is removed from office, the board of commissioners shall cause to be paid forthwith to the county manager any unpaid balance of the county manager's salary and the county manager's salary for the next three calendar months following adoption of the preliminary resolution, unless the county manager is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the county manager shall be paid only to the date of the adoption of the resolution of removal. (c) The county manager shall receive such compensation as shall be fixed by the board of commissioners. Section 12. The county manager shall be responsible to the board of commissioners for the proper and efficient administration of the affairs of the county government and shall have the following powers and duties: (1) To serve as the chief executive officer and head of the administrative branch of the county government; (2) To recommend to the board of commissioners the creation, reorganization, or abolishment of certain offices, departments, or bureaus; (3) To appoint or remove certain officers and employees as authorized by Section 13 of this Act; (4) To direct and supervise the administration of all departments, offices, and agencies of the county government except as otherwise provided by ordinance or resolution of the board of commissioners; (5) To see that the ordinances, resolutions, and regulations of the board of commissioners and laws of the state, subject to enforcement by the county manager or by officers subject to said officer's supervision and control, are faithfully executed and enforced; (6) To attend all meetings of the board of commissioners unless excused and, upon the request of the board of commissioners, to take part in the discussion; but the county manager may not vote on any question before the board of commissioners; Page 5147 (7) To prepare and submit annually a proposed balanced operating and capital budget and capital improvement program to the board of commissioners and to appoint such officers or employees of the county government as the county manager may select to assist in the preparation of such budget; (8) To submit to the board of commissioners and make available to the public a complete report of the finances and administrative activities of the county government as of the end of each fiscal year and at such other times as the board of commissioners may direct; (9) To prepare and make such other reports concerning the operations of departments, offices, and agencies of the county government as may be required by the board of commissioners; (10) To keep the board of commissioners fully informed of the financial condition and future needs of the county government and to make recommendations to the board of commissioners concerning the affairs of the county government; (11) To appoint, subject to the approval of the board of commissioners, a qualified administrative officer to exercise the powers of the county manager during the temporary absence or disability of said officer by filing a letter for such purpose with the clerk of the board of commissioners; and (12) To exercise and perform such other or additional duties and assignments as may be required by the board of commissioners. Section 13. (a) Subject to the personnel rules or ordinances or resolutions adopted by the board of commissioners, to the limitations of subsection (c) of this section, and to other general limitations or qualifications prescribed by law, the county manager shall have the power to appoint and, when said officer deems it in the best interest of the county government, to remove all officers and employees of the county government who are subject to the supervision and control of the county governing authority. Page 5148 (b) Subject to budgetary limits, salary ranges established by the board of commissioners, and resolutions or ordinances of the board of commissioners, the county manager shall have the authority to fix the salaries of all employees who are subject to said officer's supervision and control. The salary ranges of all employees shall be established by appropriate action of the board of commissioners. (c) The authority of the county manager to supervise and control county officers and employees shall not extend to or include the following officers and employees: (1) Officers elected by the people; (2) Members of boards, commissions, and authorities; and (3) Employees subject to the supervision and control of elected county officers. (d) There shall be a county attorney who shall be selected by the board of commissioners. The county attorney shall be a member of the State Bar of Georgia in good standing. The county attorney shall act as legal adviser, attorney, and counsel to the board of commissioners and carry out such other duties as the county's legal officer as shall be directed by the board of commissioners. The board of commissioners shall fix the compensation of the county attorney. (e) The board of commissioners shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the county government for each fiscal year and shall otherwise comply with the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits of local governments. Section 14. (a) The board of commissioners shall require competitive bidding before making a purchase or contract, except professional services contracts, under such rules and regulations as it may establish, but the board may by ordinance or resolution exempt purchases under $2,500.00 from competitive bidding subject to such regulations as it may deem proper. Should the board of commissioners desire to do so it may take bids for professional services. Page 5149 (b) Under procedures and requirements which the board of commissioners may establish by ordinance or resolution, the repair of county equipment may be exempted from competitive bidding when such competitive bidding causes unreasonable delay in the repair of such equipment. Section 15. The board of commissioners shall have the power to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters over which the board of commissioners has authority as the governing authority of Chattooga County. Without limiting the generality of the foregoing, but subject to the requirements and limitations of the general laws of this state, the following powers are vested in the board of commissioners: (1) To levy taxes; (2) To fix the rates of all other charges; (3) To make appropriations; (4) To authorize the incurring of indebtedness; (5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law; (7) To establish, abolish, or change election precincts and militia districts according to law; (8) To allow the insolvent lists for the county; (9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county; (10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning Page 5150 and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where the same are not fixed by statute; (13) To direct and control all the property of the county according to law; (14) To levy a general tax for general purposes and special taxes for particular county purposes; (15) To examine and audit the accounts of all officers, including all county officers, having the care, management, keeping, collecting, or disbursement of money belonging to the county or collected for the county's use and benefit; (16) To examine, settle, and allow all claims against the county; (17) To regulate peddling and fix the cost therefor and to fix the cost for licenses for the sale of spirituous liquors and alcoholic beverages and to fix the cost for the exhibition of shows in the county; (18) To enact any ordinances or other legislation the county may be given authority to enact; (19) To determine the priority of capital improvements; (20) To call elections for the voting of bonds; (21) To exercise all of the power and authority vested by law in the judge of the probate court when sitting for county purposes; (22) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering Page 5151 to engage in any trade, business, calling, avocation, or profession in the unincorporated area of Chattooga County, except businesses which are subject to regulation by the Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, businesses, callings, avocations, or professions; (23) To adopt ordinances and resolutions to govern and regulate all trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended; (24) To prescribe penalties and punishment for the violation of zoning ordinances, building codes, including electrical, plumbing, heating, and air-conditioning regulations, and all other lawful ordinances adopted by the board of commissioners pursuant to this or any other law in force in said county; (25) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds, and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof; (26) To prescribe fire safety regulations relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (27) To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon Page 5152 or adjacent to the rights of way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances; (28) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Chattooga County which, while not constituting offenses against the general laws of this state, are deemed by the board of commissioners to be detrimental and offensive to the peace, good order, and dignity of Chattooga County and to the welfare and morals of the citizens thereof; and (29) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state. Section 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chattooga County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chattooga County for approval or rejection. The election superintendent shall conduct that election on the same date as the general election of 1986 and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chattooga County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating a five-member board of commissioners of Chattooga County who are elected from single-member commissioner districts and providing for the powers and duties of said board of commissioners be approved? Page 5153 All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 17 of this Act, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chattooga County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 17. If this Act is approved in the referendum provided for by Section 16 of this Act, it shall become effective for all purposes on January 1, 1989, but the provisions of this Act relating to the election of the first members of the Board of Commissioners of Chattooga County at the 1988 general election as provided in subsection (a) of Section 4 of this Act shall be effective as necessary for the nomination and election of such members. Section 18. If this Act becomes effective as provided in Section 17 of this Act, then the Act creating the Office of Commissioner of Chattooga County approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, shall be repealed in its entirety effective on the date the first board of commissioners provided for by this Act takes office. Section 19. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create a board of commissioners of Chattooga County; to provide for any matters relative thereto; to provide for a referendum; and for other purposes. This 4th day of February, 1986. Honorable John G. Crawford, Representative, 5th District 1tc Page 5154 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 6, 1986. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. HARALSON COUNTY TAX COMMISSIONER; COMMISSION FOR COLLECTION OF SCHOOL TAXES. No. 1302 (House Bill No. 1970). AN ACT To provide that the commission retained by the Haralson County tax commissioner for collection of Haralson County school taxes shall be reduced to one-quarter of 1 percent; to provide that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the manner provided by general Page 5155 law; to provide that said one-quarter of 1 percent commission shall be paid into the general fund of Haralson County; to specify the constitutional authority for this Act; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The commission retained by the Haralson County tax commissioner for collection of Haralson County school taxes, as established by Code Section 48-5-404 of the O.C.G.A. or any similar provision of future law, is hereby reduced to one-quarter of 1 percent. All school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the same manner as provided by general law for other school tax collections. Said one-quarter of 1 percent commission shall be paid by the tax commissioner into the general fund of Haralson County in the same manner and at the same time as county taxes for county purposes are paid into the general fund. This Act is pursuant to the authority of Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia which provides that any rate of reimbursement for collection of school taxes established by general law may be reduced by local Act. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without his approval and shall apply to all Haralson County school taxes collected on or after said effective date. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to change the amount of the commission retained by the Haralson County Tax Commissioner for collection of Haralson County School Taxes; to provide for all related matters; and for other purposes. Page 5156 This 18th day of February, 1986. James M. Davenport, Sole Commissioner of Roads and Revenue, Haralson County, Georgia. 250 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon which is the official organ of Haralson County, on the following date: February 20, 1986. /s/ THOMAS B. MURPHY Representative, 18th District Sworn to and subscribed before me, this 21st day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 28, 1986. Page 5157 CITY OF CENTERVILLE REDEVELOPMENT POWERS; REFERENDUM. No. 1303 (House Bill No. 1967). AN ACT To amend an Act incorporating the City of Centerville in Houston County, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Centerville in Houston County, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, is amended by adding between Sections 18 and 19 a new Section 18A to read as follows: Section 18A. The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Centerville to issue the call for a special election for the purpose of submitting this Act to the electors of the City of Centerville for approval or Page 5158 rejection. The superintendent shall set the date of such election for the same date as the general election of 1986. The superintendent shall issue the call for said election at least 29 but not more than 45 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Houston County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing the City of Centerville to have and to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect upon the date the results of the election pursuant to this section are certified to the Secretary of State; otherwise Section 1 of this Act shall be void and of no force and effect. The expense of any such election shall be borne by the City of Centerville. It shall be the duty of the election superintendent thereof to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend Page 5159 and Act incorporating the City of Centerville in Houston County, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended; and for other purposes. This 6th day of February, 1986. /s/ Honorable Ted W. Waddle Representative, 113th District 1t-2-13 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle, who, on oath, deposes and says that he is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: February 13, 1986. /s/ Ted W. Waddle Representative, 113th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 28, 1986. Page 5160 CITY OF IVEY NEW CHARTER. No. 1304 (House Bill No. 1960). AN ACT To provide a new charter for the City of Ivey; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and council members; to provide for the selection, service, compensation, powers, and duties of the mayor and council members; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to provide for municipal licenses, franchises, contracts, and conveyances; to provide for all other matters necessary and proper for the city, its government, and the conduct of business as a municipal corporation; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Ivey, formerly the Town of Ivey, in Wilkinson County and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Ivey, Georgia, and by that name shall have perpetual succession. Section 1.11 . Boundaries. (a) The corporate limits of the City of Ivey shall consist of and include all of that certain territory lying and being in the 331st (Ramah) G. M. District and the 1505th (Ivey) G. M. District of Wilkinson County, Georgia, and being more particularly described as follows: BEGINNING at an iron stob driven in the center of the run of Beaver Creek on the western border of the right-of-way Page 5161 of State Highway #243 running from Gordon, Georgia, to Millegeville, Georgia, and from said beginning point running south 29 degrees 53 minutes east a distance of 483.8 feet; thence south 37 degrees 11 minutes east a distance of 269 feet; thence south 19 degrees 16 minutes east a distance of 493.6 feet; thence south 29 degrees 24 minutes east a distance of 271 feet; thence south 50 degrees 35 minutes east a distance of 451 feet; thence south 30 degrees 55 minutes east a distance of 679 feet; thence south 37 degrees 10 minutes east a distance of 1087.5 feet; thence south 35 degrees 8 minutes east a distance of 339 feet; thence south 21 degrees 3 minutes east a distance of 436 feet; thence south 9 degrees 34 minutes east a distance of 605 feet; thence south 14 degrees 57 minutes east a distance of 451 feet; thence south 3 degrees 31 minutes east a distance of 591 feet; thence south 15 degrees 17 minutes east a distance of 510 feet; thence south 22 degrees 11 minutes west a distance of 87 feet; thence south 38 degrees 25 minutes east a distance of 120 feet; thence south 7 degrees 43 minutes east a distance of 155 feet; thence south 23 degrees 49 minutes east a distance of 219 feet; thence south 28 degrees 5 minutes west a distance of 99 feet; thence south 31 degrees 0 minutes east a distance of 479 feet; thence south 50 degrees 26 minutes east a distance of 321 feet; thence south 0 degrees 28 minutes east a distance of 381.6 feet; thence south 32 degrees 41 minutes east a distance of 333 feet; thence south 2 degrees 13 minutes east a distance of 703.3 feet; thence south 64 degrees 34 minutes east a distance of 374 feet; thence 47 degrees 40 minutes east a distance of 253 feet; thence south 2 degrees 52 minutes east a distance of 337.7 feet; thence south 44 degrees 57 minutes west a distance of 2302.9 feet; thence north 59 degrees 50 minutes west a distance of 5344 feet; thence north 41 degrees 56 minutes west a distance of 396.1 feet; thence north 3 degrees 24 minutes east a distance of 717.1 feet; thence north 2 degrees 6 minutes west a distance of 374.8 feet; thence north 22 degrees 55 minutes west a distance of 233.2 feet; thence north 47 degrees 22 minutes west a distance of 207.4 feet; thence 76 degrees 6 minutes west a distance of 480 feet; thence south 85 degrees 23 minutes west a distance of 397 feet; thence south 62 degrees 34 minutes west a distance of 362.9 feet; thence north 46 degrees 1 minute west a distance of 2636.6 feet; thence north 44 degrees 2 minutes east a distance of 2969.9 feet; thence north 53 degrees 47 minutes west a distance of 6191.9 feet; thence north 48 degrees 48 minutes east a distance of 4125.6 feet; thence south 45 degrees 37 minutes east a distance of 1516.1 feet; thence Page 5162 south 44 degrees 23 minutes west a distance of 210 feet; thence south 45 degrees 37 minutes east a distance of 315 feet; thence north 44 degrees 23 minutes east a distance of 210 feet; thence south 45 degrees 37 minutes east a distance of 1416.2 feet; thence south 45 degrees 41 minutes east a distance of 1965.7 feet; thence south 46 degrees 25 minutes east a distance of 975 feet; thence north 44 degrees 21 minutes east a distance of 744.9 feet; thence north 2 degrees 53 minutes east a distance of 700 feet; thence north 5 degrees 5 minutes east a distance of 250 feet; thence north 7 degrees 38 minutes east a distance of 250 feet; thence north 9 degrees 55 minutes east a distance of 257 feet; thence north 10 degrees 28 minutes east a distance of 329.5 feet; thence north 13 degrees 43 minutes east a distance of 249.4 feet; thence north 17 degrees 28 minutes east a distance of 252.4 feet; thence north 21 degrees 42 minutes east a distance of 252 feet; thence north 24 degrees 56 minutes east a distance of 889.1 feet; thence north 22 degrees 53 minutes east a distance of 249.9 feet; thence north 20 degrees 28 minutes east a distance of 248.5 feet; thence north 17 degrees 50 minutes east a distance of 247.4 feet; thence north 15 degrees 34 minutes east a distance of 240.9 feet; thence north 14 degrees 34 minutes east a distance of 689.8 feet to the point of beginning. Said city limits being more particularly described and delineated by a plat made by John F. Baker, Registered Surveyor, dated February 20, 1971, and of record in Plat Book 7, page 75, in the Office of the Clerk of the Superior Court of Wilkinson County, Georgia, said plat is incorporated herein and made a part of this description. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or description) of the corporate limits of the City of Ivey, Georgia. Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Page 5163 Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and the method Page 5164 of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, Page 5165 welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for commitment of such person to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; Page 5166 (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards, removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, Page 5167 docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits Page 5168 of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvement; Page 5169 (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, not restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Page 5170 ARTICLE II LEGISLATIVE BRANCH Section 2.10. Creation. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by this charter. The mayor shall be elected by popular vote as hereinafter prescribed and shall hold office for two years and until a successor is elected and qualified. (b) (1) Election for mayor and council members shall be by vote of the people, under the regulations hereinafter prescribed, and shall be held on the first Thursday in December of each year. Such elected officers shall take office at the first regular meeting in January held after the election. (2) The first election hereunder shall be held on the first Thursday in December, 1986, at which time a successor to the mayor and successors to two council members, all of whose terms are expiring at the end of 1986, shall be elected. Thereafter two council members shall be elected each year as the respective terms expire, and the mayor shall be elected biennially. Section 2.11. Terms and qualifications for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he has been a resident of the city immediately prior to the date of the election of mayor or members of the city council. Each person elected shall continue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancies in office. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. Page 5171 (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. Section 2.14. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transactions or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgement or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgement or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and Page 5172 (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council. Such officer shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. Page 5173 (g) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, officer, or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof; and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18. Meetings. The city council shall hold an organizational meeting at the first regular meeting in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: Page 5174 I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19. Special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 2.20. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees, committee chairmen, and officers of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21. Quorum. Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative Page 5175 vote of three council members shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Ordinances. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Ivey hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may Page 5176 specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25. Technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Ivey, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following Page 5177 its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Mayor. The mayor shall be elected and serve for a term of two years and until his successor is elected and qualified. He shall be a registered voter and qualified elector of this city and shall have been a resident of the city immediately preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. Section 2.28. Mayor pro tem. By a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during the mayor's disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such disability or absence shall be declared by a majority vote of the city council. Section 2.29. Powers of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments Page 5178 executed by the city which by law are required to be in writing; (5) Not vote on matters before the city council and be counted toward a quorum as any other council member, except in election of department heads or disciplinary matters or in the event of a tie vote by council; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. Section 2.31. Veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten days of receipt of an ordinance, shall return it to the clerk with or without his approval or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overidden by the council as provided in subsection (c) of this section. Page 5179 ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three council members. Section 3.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, Page 5180 except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself faithfully and impartially to perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending Page 5181 the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 3.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, license fees, and other moneys belonging to the city, subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.16. Classification and pay plan. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and applications of service Page 5182 ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Ivey. Section 4.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless he has attained the age of 21 years and is a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. Page 5183 Section 4.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 dollars or imprisonment for 90 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash, personal property, or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, and sentences, and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance Page 5184 of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases. Such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wilkinson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10. General law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Page 5185 Section 5.11. Election of officers. On the first Thursday in December, 1986, and every year thereafter, there shall be conducted the city election. The terms of office of persons so elected shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. The mayor and council members in office on the day this charter becomes effective shall continue to hold office until their successors are elected and qualified. Section 5.12. Parties. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.13. Plurality. (a) For the office of mayor, the candidate receiving the highest number of the votes cast shall be elected. (b) For the office of council members, those two candidates receiving the two highest totals of votes cast shall be elected. (c) A majority of the votes cast shall not be required for election to the council. A majority of the votes cast shall not be required for election as mayor if there are more than two candidates. Section 5.14. Vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Page 5186 Section 5.16. Removal of officers. (a) The mayor, a council member, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Wilkinson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Wilkinson County following a hearing on a complaint seeking such removal brought by any resident of the City of Ivey. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, Page 5187 levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and Page 5188 alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises granted prior to the effective date of this charter. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority Page 5189 of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information Page 5190 as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Page 5191 Section 6.27. Changes in budget. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the last day of December of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: Page 5192 (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter. Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights which the city may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such Page 5193 surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations in force in the city on the effective date of this charter which are not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.14. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.15. Definitions and construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.16. Specific repealer. An Act creating and establishing a charter for the Town of Ivey, approved February 13, 1950 (Ga. L. 1950, p. 2337), as amended by an Act approved January 16, 1964 (Ga. L. 1964, p. 2318), an Act approved April 10, 1968 (Ga. L. 1968, p. 3480), an Act approved March 30, 1971 (Ga. L. 1971, p. 2355), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4220), is repealed in its entirety. Section 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide Page 5194 a new charter for the City of Ivey; to provide for the incorporation, powers and boundaries of said city; to provide for governing authority; to provide for city's organization, personnel, and physical administration; to provide for all other matters necessary and proper for the City to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. This 10th day of February, 1986. Honorable Kenneth Birdsong Representative 104th District F13d GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: February 13, 1986. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5195 CITY OF NUNEZ NEW CHARTER. No. 1305 (House Bill No. 1945). AN ACT To create and incorporate the City of Nunez in the County of Emanuel and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for school buildings and equipments for same, sewers, electric lights, and water works; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for other matters of municipal regulations, concern, and welfare; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CHARTER, INCORPORATION, POWERS Section 1.10. Incorporation. The City of Nunez, Georgia, in the County of Emanuel, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Nunez, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and later may renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate limits. The corporate limits of the City of Nunez shall be as follows: One-half of one mile in Page 5196 every direction from a point where the old B. and P. railroad depot used to be located in said city. Section 1.12. Jurisdiction and venue. (a) The jurisdiction of the City of Nunez shall extend throughout the entire corporate limits of the city. (b) Unless otherwise provided by general law, venue in all actions involving the City of Nunez shall be Emanuel County, Georgia. Section 1.13. Specific powers. In conformity with and subject to the requirements of the general laws of this state, the corporate powers of the government of the City of Nunez, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the property limits of the city; Page 5197 (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under Title 22 of the O.C.G.A. or under other applicable public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties, and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services not to exceed periods of 35 years; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, Page 5198 recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and to make other public improvements inside or outside the corporate limits of the city and regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or other applicable public Acts as are or may be enacted; (13) To require real-estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said city by preventing the obstruction of the streets or the gathering of disorderly crowds; and to prohibit or regulate by ordinance such other conduct and activities within the City of Nunez which, while not constituting offenses against the laws of this state are, nevertheless, deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (16) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquids Page 5199 and liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads and within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal Page 5200 of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and for the sale of such items; to levy, fix, assess, and collect a service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; and to provide for the collection of and to enforce the payment of such charges, taxes, and fees; (25) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer connection fee or fees or a sewer service charge, fee, or tax for the use of sewers, or both; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (26) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee, service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (27) To define, regulate, and prohibit any act, conduct, practice, or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (30) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, Page 5201 gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; (31) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city or to provide for commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (32) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (33) To regulate the operation of motor vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (34) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (35) To provide and maintain a system of pensions and retirement for officers and employees of the city; (36) To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) To enter into contracts and agreements with other government entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; Page 5202 (38) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (39) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (40) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (41) To exercise the power of arrest through duly appointed policemen; (42) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; and (43) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Page 5203 Section 1.14. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.15. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Nunez full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.16. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the City of Nunez, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for a period of one year immediately prior to the date of the election of mayor or members of the council, shall continue to reside therein during Page 5204 his period of service, shall be registered and qualified to vote in municipal elections of the City of Nunez, and shall have attained the age of 21 years at the beginning of the term. Section 2.12. Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter of the laws of the State of Georgia. (b) The mayor or any council member shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this section shall not apply to any person holding employment on the effective date of this Act. (b) Neither the mayor nor any council member shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the Page 5205 city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Nunez as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Nunez and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may by ordinance change, create, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Regular and special meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or shall be telephoned personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such Page 5206 meetings, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.18. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.19. Quorum, voting. The mayor or mayor pro tempore and three council members shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them. Section 2.20. Action requiring an ordinance; ordinance forms. Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The council of the City of Nunez hereby ordains..... Section 2.21. Procedure for introduction of ordinance; distribution. An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.22 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. Section 2.22. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the Page 5207 council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.23. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. Section 2.24. Codification of ordinances. All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the City of Nunez, Georgia, as amended. All ordinances contained therein shall be deemed to have been duly passed by the mayor and council and duly signed, authenticated, and recorded by the city clerk. Section 2.25. Organization meeting. (a) The council shall meet for organization on the date and at the time of the first regular meeting in January following the city elections. Prior to entering upon office, the oath of office shall be administered to the newly elected members by the mayor, mayor pro tempore, or anyone authorized to administer oaths as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or member of council as the case may Page 5208 be) of the City of Nunez, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. (b) The council shall have the right to elect one of its members to serve as mayor pro tempore for a four-year term of office. Section 2.26. Signing, authenticating, recording, and printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption. Following publication of the first Code of the City of Nunez and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Chief executive officer. The mayor shall be the chief executive of the City of Nunez. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.28. Term, qualifications. The mayor shall be elected for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of the City of Nunez, shall have attained the age of 21 years before the beginning of his term, and shall have been a resident of the City of Nunez for a period of one year immediately preceding his election. He shall continue to reside in the City of Nunez during the period of his service. Section 2.29. Duties of mayor. As the chief executive officer of the City of Nunez the mayor shall: Page 5209 (1) Preside at all meetings of the city council; (2) Be the official head of the city for the service of process and for ceremonial purposes; (3) Have power to administer oaths and take affidavits; (4) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) Call special meetings of the council as provided for in Section 2.19 of this charter; (9) Examine and audit all accounts of the city before payment; (10) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (11) Suspend any appointed city employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employer or officer's capability shall be decided by the council; (12) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; Page 5210 (13) Break a tie vote of the council members; and (14) Perform other duties as may be required by law, this charter, or ordinance. Section 2.30. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, or, in his absence or disability for any cause, one of the council members chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. ARTICLE III ADMINISTRATION Section 3.10. Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. Page 5211 (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by applicable state law. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. Page 5212 (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one year. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.12. City manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.13. City attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.14. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct. Section 3.15. City tax collector. The council may appoint a city tax collector to collect all taxes, licenses, fees, and other money belonging to the city subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Page 5213 Section 3.16. City accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.17. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.18. Position classification and pay plans. The mayor may be responsible for the preparation of position classification and pay plans which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Nunez and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.19. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plans, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Nunez. ARTICLE IV MUNICIPAL COURT Section 4.10. Municipal court; creation. There is established a court to be known as the Municipal Court of the City of Nunez which shall have jurisdiction and authority to try offenses Page 5214 against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court and the mayor and the mayor pro tempore may serve as the judge and the judge pro tempore, respectively. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. Such person shall serve at the discretion of the council and his compensation shall be fixed by the council. (b) The judge pro tempore shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this state that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Nunez and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, Page 5215 provided that such punishment shall not exceed $25.00 or five days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days, or both, and, as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge, declared forfeited to the City of Nunez or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance Page 5216 of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Nunez granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Emanuel County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for court. With the approval of council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the municipal court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection; and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Election of mayor and council. (a) On the second Tuesday in December, 1987, and on that day biennially thereafter, the general municipal election for mayor and council of the City of Nunez shall be conducted as provided in this article. (b) For purposes of electing members of the council under this charter, there shall be five council posts designated as Post Page 5217 1, Post 2, Post 3, Post 4, and Post 5. Any person offering for membership on the council shall designate at the time of qualifying for election that post for which such person is offering. Notwithstanding these post delegations, each member of the council, as well as the mayor, shall be elected by the qualified voters voting in the entire city. (c) For purposes of this section, those persons named in this subsection who are serving as members of the council of the city on the first day of January, 1986, shall be deemed to be serving in designated posts, under subsection (b) of this section, as follows: Marilyn Bennett - Post 1 Mary Kirby - Post 2 Dot Thompson - Post 3 Virgil Alcott - Post 4 Eugene Fields - Post 5 (d) For the period beginning on the effective date of this charter and ending on the first regular meeting night of January, 1987, the council shall consist of the incumbent mayor and incumbent members of the council elected under that city charter existing immediately prior to the effective date of this charter. (e) The mayor and each member of the council shall be elected by majority vote. Section 5.11. Qualifying; voting procedures. The council may by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of the elections in the City of Nunez. Section 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials for the City of Nunez as to primary, special, or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code (Chapter 3 of Title 21 of the O.C.G.A.) as now or hereafter amended. Page 5218 Section 5.13. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code as now or hereafter amended. Section 5.14. Election of mayor and council members by majority vote. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. The candidates for council posts receiving a majority of the votes cast for a respective council post shall be declared elected as council member for the particular post for which they qualified. Section 5.15. Grounds for removal of elected officers. The mayor or any council member shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for removal. Removal of an elected officer from office may be accomplished by either of the following methods: Page 5219 (1) By action of unanimous vote of the entire membership of the council; provided, however, that if the person sought to be removed is a member of the council, then he shall not vote. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Emanuel County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed with the Superior Court of Emanuel County as provided by law. ARTICLE VI FINANCE Section 6.10. Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Nunez. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Page 5220 Section 6.13. Licenses, occupational taxes, excise taxes. The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Nunez, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify business, occupations, professions, or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy any excise tax not prohibited by general law. Section 6.14. Sewer service charge. The council may provide by ordinance for the assessment and collection of fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer charge shall constitute a lien against any property served which lien shall be second in priority only to liens for county and city property taxes and enforceable in the same manner and under the same procedures as a lien for the city property taxes. Section 6.15. Sanitary and health service charge. The council shall have the authority to levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city and benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Page 5221 Section 6.16. Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 12 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or mayor and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.18. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance Page 5222 with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.19. Construction, other taxes. This city shall be empowered to levy any other tax allowed nor or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.20. General obligation bonds. The council shall have the power to issue bonds to raise revenue for any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended or by any other Georgia law as now or hereafter provided. Section 6.22. Short-term notes. Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.23. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the city government unless otherwise provided by state or federal law. Section 6.24. Preparation of budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget including requirements as to scope, content, and form of any such budgets and programs. Section 6.25. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special Page 5223 meeting called for such purpose; provided, however, that any such additional appropriations may be made only from existing unappropriated surplus in the fund to which it applies. Section 6.26. Capital improvements budget. (a) On or before the date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget except to meet a public emergency threatening the lives, health, or property of the inhabitants and when passed by a two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first Monday in July of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.27. Contracting procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.28. Centralized purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Nunez. (b) The council may sell and convey any real or personal property owned or held by the City of Nunez for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. Page 5224 (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds. The officers and employees both elected and appointed of the City of Nunez shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.11. Existing ordinances and regulations. Existing ordinances and regulations of the City of Nunez not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Nunez not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the City of Nunez shall continue, and any such ongoing work or cases shall be dealt with by such Page 5225 city agencies, personnel, or office as may be provided by the city council. Section 7.13. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.14. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided herein is declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months or both such fine and imprisonment. Section 7.15. Continuance in office. The mayor and council members serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as herein provided. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.16. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.17. Specific repealer. An Act incorporating the Town of Nunez in the County of Emanuel, approved August 6, 1903 (Ga. L. 1903, p. 638), as amended by an Act approved March 31, 1976 (Ga. L. 1976, 3938), is repealed in its entirety. Page 5226 Section 7.18. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia an Act to reincorporate and provide a new Charter for the City of Nunez, in Emanuel County, to provide for the corporate limits and government of the City; to provide for all related matters; to repeal an Act incorporating the Town of Nunez, in Emanuel County, approved August 6, 1903 (Ga. L. 1903, P.638), as amended and for other purposes. This 30th day of January, 1986. Willie Kirby Mayor, City of Nunez 21 23(F12c) GEORGIA, EMANUEL COUNTY Personally appeared before me, the undersigned officer, duly authorized to administer oaths, WILLIAM C. ROGERS, SR., who on oath deposes that he is the Publisher of THE BLADE, the official organ of Emanuel County, and states that the attached copy of Notice of Intention to Introduce Local Legislation was published in THE BLADE on February 12, 1986. /s/ WILLIAM C. ROGERS, Publisher Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Ruby Fagler Notary Public. (SEAL). Approved March 28, 1986. Page 5227 CITY OF ALLENTOWN NEW CHARTER. No. 1306 (House Bill No. 1930). AN ACT To provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and council members; to provide for the selection, service, compensation, powers, and duties of the mayor and council members; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to provide for municipal licenses, franchises, contracts, and conveyances; to provide for all other matters necessary and proper for the city, its government, and the conduct of business as a municipal corporation; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Allentown, formerly the Town of Allentown, in the Counties of Wilkinson and Twiggs and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Allentown, Georgia, and by that name shall have perpetual succession. Section 1.11. Boundaries. (a) The corporate limits of this city shall be as follows: One mile in every direction from the center point between the rails of the Macon, Dublin, and Savannah Railroad at the public highway crossing of the public road between the Four County Bank and the former H.C. Melton Store Lot in the Town of Allentown. The boundaries of this Page 5228 city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or description) of the corporate limits of the City of Allentown, Georgia. Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city. (2) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to Page 5229 authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or wellbeing of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; Page 5230 (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; Page 5231 (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire fighting agency; Page 5232 (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; Page 5233 (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional foretunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; Page 5234 (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, not restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Page 5235 ARTICLE II LEGISLATIVE BRANCH Section 2.10. Creation. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by this charter. On the second Wednesday in January, 1987, and every two years thereafter, there shall be an election for a mayor and five council members of the city, who shall hold office for two years and until their successors are elected and qualified. At all such elections all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who have been bona fide residents of said city for a period of 60 days and immediately preceding the date of such election shall be eligible to qualify as voters in the election. Section 2.11. Terms. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he has been a resident of the city immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service and to be registered and qualified to vote in the municipal elections of this city. Section 2.12. Vacancies in office. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13. Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. Page 5236 Section 2.14. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any Page 5237 contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited such office or position. Page 5238 (2) Any officer or employee of the city who forfeits his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, officer, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, waterworks, electrical systems, gas systems, airports, hospitals, charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city, and to regulate the use thereof; and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18. Organization. The city council shall hold an organizational meeting at the first regular meeting in February following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Page 5239 Section 2.19. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 2.20. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21. Voting. Three council members shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three council members shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Ordinances. (a) Every proposed ordinance should be introduced in writing and in the form required for Page 5240 final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Allentown hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing Page 5241 ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Allentown, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication Page 5242 of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Mayor. The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. He shall be a registered voter and qualified elector of this city and shall have been a resident of the city immediately preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. Section 2.28. Mayor pro tempore. By a majority vote, the city council shall elect a council member to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 2.29. Duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and shall be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments Page 5243 executed by the city which by law are required to be in writing; (5) Not vote on matters before the city council and be counted toward a quorum as any other council member, except in the election of department heads or disciplinary matters or in the event of a tie vote by the council; (6) Prepare and submit to the city council a recommended annual operating budget and a recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. Section 2.31. Veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten days of receipt of an ordinance, shall return it to the clerk with or without his approval or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk. If the ordinance is neither approved nor disapproved, it shall become law at 12.00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of the reasons for such veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section. Page 5244 ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties, and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three council members. Section 3.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, Page 5245 except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending Page 5246 the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodial of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 3.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.16. Classification and pay plan. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; Page 5247 (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be elected; (4) Such dismissal hearings as due process may require; and (5) Such other personal notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Allentown. Section 4.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. Section 4.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Page 5248 Section 4.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 dollars or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, and sentences, and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. Page 5249 (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wilkinson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10. General law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Page 5250 Section 5.11. Election of officers. On the second Wednesday in January, 1987, and every two years thereafter, there shall be an election for the mayor and city council. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. The mayor and council members in office on the day this charter becomes effective shall continue to hold office until their successors are elected and qualified. Section 5.12. Parties. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.13. Plurality. (a) For the office of mayor, the candidate receiving the highest number of the votes cast shall be elected. (b) For the office of council members, those five candidates receiving the five highest totals of votes cast shall be elected. (c) For any election of the mayor or council members under this charter in which there are more than two candidates, a majority of the votes cast shall not be required for election. Section 5.14. Vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Section 5.16. Removal of officers. (a) The mayor, a council member, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: Page 5251 (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Wilkinson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Wilkinson County following a hearing on a complaint seeking such removal brought by any resident of the City of Allentown. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject Page 5252 to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone Page 5253 companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority Page 5254 of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information Page 5255 as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof, to which it is chargeable. Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Page 5256 Section 6.27. Changes in budget. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the last day of December of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: Page 5257 (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter. Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such Page 5258 surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.14. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.15. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.16. Specific repealer. An Act establishing a new charter for the Town of Allentown in the County of Wilkinson, approved March 9, 1956 (Ga. L. 1956, p. 3385), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2845), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2348), is repealed in its entirety. Section 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide a new charter for the City of Allentown; to provide for the incorporation, powers, and boundaries of said city; to provide for Page 5259 governing authority; to provide for city's organization, personnel, and physical administration; to provide for all other matters necessary and proper for the City to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. This 10th day of February 1986. /s/ Honorable Kenneth Birdsong, Representative 104th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: February 13, 1986. /s/ KENNETH W. BIRDSONG Representative, 104th District Sworn to and subscribed before me, this 18th day of February, 1986. (SEAL) /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 28, 1986. Page 5260 BUTTS COUNTY TAX COMMISSIONER; COMPENSATION. No. 1307 (House Bill No. 1918). AN ACT To amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended by an Act approved March 6, 1981 (Ga. L. 1981, p. 3060), so as to change the provisions relating to the supplemental salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended by an Act approved March 6, 1981 (Ga. L. 1981, p. 3060), is amended by striking subsection (b) of Section 1 and inserting in its place a new subsection (b) to read as follows: (b) In addition to the base salary provided in subsection (a) of this section, such officer shall receive a supplemental salary which shall be in an amount equal to 3 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. 86041-J NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 5261 1986 session of the General Assembly of Georgia a bill to amend an act compensating the Tax Commissioner of Butts County, approved April 11, 1979 (Georgia Laws 1979, page 4159) as amended by an act approved March 6, 1981 (Georgia Laws 1981, page 306) so as to change the provisions relating to the supplemental salary of the Tax Commissioner of Butts County increasing the supplemental of the Tax Commissioner of Butts County; and for other purposes. This 10th day of February, 1986. Larry Smith Representative, 78th District 2-12-1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: February 12, 1986. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 28, 1986. Page 5262 TIFT COUNTY BOARD OF EDUCATION; COMPOSITION; DISTRICTS; QUALIFICATIONS. No. 1308 (House Bill No. 1914). AN ACT To amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), so as to provide for the composition of the Board of Education of Tift County and provide for education districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board; to provide for qualifications and terms of the members of that board; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), is amended by striking Sections 1, 2, and 3 thereof and inserting in their respective places the following new sections: Section 1. (a) The Board of Education of Tift County, sometimes referred to in this Act as the `board,' shall be composed of seven members, one of whom shall be elected from each education district described in Section 2 of this Act. That board shall succeed to all the powers, duties, and obligations of the Board of Education of Tift County existing on December 31, 1986. (b) All members of the board shall be qualified electors of the Tift County School District, and each member shall be a resident of the education district, as described in Section 2 of this Act, which that member represents and shall have resided in that education district at least six months immediately preceding the date of that member's election therefrom. Each of the members of the board shall be elected only by the qualified voters residing in the education district which that member represents. (c) All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21, the `Georgia Election Code.' Page 5263 Section 2. (a) For purposes of electing members of the Board of Education of Tift County, Tift County is divided into seven education districts as follows: Education District 1 BEGIN at the intersection of the centerline of U. S. Highway 82 with the centerline of U. S. Highway 41 (Main Street) in the City of Tifton, Georgia; thence southward along the centerline of U. S. Highway 41 to its intersection with the south city limit line of the City of Tifton (as it exists on January 1, 1984); thence westward along the south city limit line of the City of Tifton to its intersection with the centerline of the Southern Railroad; thence southward along the centerline of the Southern Railroad to its intersection with the centerline of Maple Street; thence westward along the centerline of Maple Street to its intersection with the centerline of Highland Avenue; thence southward along the centerline of Highland Avenue to its intersection with the centerline of Martin Luther King, Jr. Drive (formerly known as 17th Street and Industrial Drive); thence westward along the centerline of Martin Luther King, Jr. Drive to a point where it is intersected from the south by the centerline of New Street (also shown on some maps as King Drive); thence southward along the centerline of New Street to a point where it is intersected from the west by the centerline of Benjamin Street; thence westward along the centerline of Benjamin Street to the centerline of South Central Avenue (also known as Old Union Road); thence southward along the centerline of South Central Avenue to its intersection with the centerline of Interstate Highway 75; thence southward along the centerline of Interstate Highway 75 to its intersection with the centerline of Oakridge Road; thence westward along the centerline of Oakridge Road to its intersection with the centerline of Old Union Road; thence northward along the centerline of Old Union road to a point where it is intersected from the west by the centerline of an unpaved county road (which unpaved county road runs east and west between U. S. Highway 319 and Old Union Road between lands on the north of said road owned, as of January 1, 1984, by W. R. Jordan, James R. Howell, Page 5264 Estate of E. R. Lindsey and Atlantic Coastline Railroad company and lands on the south of said road owned, as of January 1, 1984, by Estate of L. B. Allen, Cat Creek Farms and Nell L. Kendrick); thence westward along the centerline of such unpaved country road to the centerline of U. S. Highway 319; thence southward along the centerline of U. S. Highway 319 to a point where it is intersected by the centerline of the Old Isabella and Nashville Road; thence westward and northwestward along the centerline of Old Isabella and Nashville Road to its intersection with the centerline of the Scooterville Road (also known as the Salem Church Road); thence northeastward and eastward along the centerline of Scooterville Road to the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to the center run of Little River; thence northwestward along the center run of Little River to the centerline of Seaboard Coastline Railroad; thence southeastward and eastward along the centerline of Seaboard Coastline Railroad to its intersection with the west city limit line of the City of Tifton (as it existed on January 1, 1984); thence southward along the west line of the city limits of Tifton, Georgia to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to its intersection with the centerline of U. S. Highway 41 and the point of beginning. Education District 2 BEGIN at the intersection of the centerline of Fourth Street in the City of Tifton with the centerline of U.S. Highway 41; thence eastward along the centerline of Fourth Street to its intersection with the centerline of Tift Avenue; thence southward along the centerline of Tift Avenue to its intersection with the centerline of Second Street; thence eastward along the centerline of Second Street to its intersection with the centerline of Chestnutt Avenue; thence northward along the centerline of Chestnutt Avenue to its intersection with the centerline of Fourth Street; thence eastward along the centerline of Fourth Street to its intersection with the centerline of Belmont Avenue; (from this point eastward Fourth Page 5265 Street is known as Ferry Lake Road); thence eastward along the centerline of Ferry Lake Road to a point where it is intersected from the south by the centerline of Fletcher Road; thence southward along the centerline of Fletcher Road to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to the center run of New River; thence southeastward along the center run of New River to its intersection with the centerline of Seaboard Coastline Railroad; thence westward along the centerline of Seaboard Coastline Railroad to its intersection with a county paved road connecting U. S. Highway 82 and Lower Brookfield Road (such connector road being numbered as County Road 158); thence southward along the centerline of this connector County Road 158 to its intersection with the centerline of Lower Brookfield Road; thence southeastward and southward along the centerline of Lower Brookfield Road to its intersection with the centerline of Highway No. 125; thence southward along the centerline of Oakridge-Eldorado Road to the point where it is intersected from the west by the centerline of Oakridge Road; thence westward along the centerline of Oakridge Road to its intersection with the centerline of Interstate Highway 75; thence northward along the centerline of Interstate Highway 75 to its intersection with the centerline of South Central Avenue; thence northward along the centerline of South Central Avenue to a point where it is intersected from the east by the centerline of Benjamin Street; thence eastward along the centerline of Benjamin Street to its intersection with the centerline of New Street (also known as King Drive); thence northward along the centerline of New Street to its intersection with the centerline of Martin Luther King, Jr. Drive (also known as Industrial Drive or 17th Street); thence eastward along the centerline of Martin Luther King, Jr. Drive to its intersection with the centerline of Highland Avenue; thence northward along the centerline of Highland Avenue to its intersection with the centerline of Maple Street; thence eastward along the centerline of Maple Street to its intersection with the centerline of the Southern Railroad; thence northward along the centerline of the Southern Railroad to its intersection with the south city limit line of the City Page 5266 of Tifton; thence eastward along the south city limit line of the City of Tifton to its intersection with the centerline of U. S. Highway 41; thence northward along the centerline of U. S. Highway 41 to its intersection with the centerline of 4th Street and the point of beginning. Education District 3 That portion of Tift County, Georgia bounded on the west by Worth County, on the south by Colquitt and Cook Counties, on the east by Cook and Berrien Counties and on the north by a line described as follows: BEGIN at the intersection of the centerline of the Seaboard Coastline Railroad with the west line of Tift County, Georgia (which is also the east line of Worth County, Georgia); thence eastward along the centerline of the Seaboard Coastline Railroad to its intersection with the west city limit line of the Town of Ty Ty, Georgia; thence southward, southeastward, eastward, northeastward and northward along the west, south and east city limit line of the Town of Ty Ty to its intersection with the centerline of the Seaboard Coastline Railroad (on the east side of the Town of Ty Ty); thence eastward along the centerline of the Seaboard Coastline Railroad to its intersection with the centerline of Taylor Road; thence northeastward along the centerline of Taylor Road to its intersection with the center run of Big Branch; thence eastward and southeastward along the center run of Big Branch to its intersection with the center run of Little River; thence southward along the center run of Little River to its intersection with the centerline of U. S. Highway 82; thence westward along the centerline of U. S. Highway 82 to its intersection with the centerline of Scooterville Road (also known as Salem Church Road); thence southwestward along the centerline of Scooterville Road to its intersection with the centerline of Old Isabella-Nashville Road; thence southeastward along the centerline of Old Isabella-Nashville Road to its intersection with the centerline of U. S. Highway 319; thence northeastward and northward along the centerline of U. S. Highway 319 to a point Page 5267 where it is intersected from the east by the centerline of an unpaved county road running east and west between U. S. Highway 319 and Old Union Road between lands on the north of said road owned, as of January 1, 1984, by W. R. Jordan, James R. Howell, Estate of E. R. Lindsey and Atlantic Coastline Railroad Company and lands on the south of said road owned, as of January 1, 1984, by Estate of L. B. Allen, Cat Creek Farms and Nell L. Kendrick; thence eastward along the centerline of this unpaved county road to its intersection with the centerline of Old Union Road; thence southward along the centerline of Old Union Road to its intersection with the centerline of Oakridge Road; thence eastward along the centerline of Oakridge Road to its intersection with the centerline of the Eldorado and Oakridge Church Road; thence northward along the centerline of the Eldorado and Oakridge Church Road to the centerline of Highway 125; thence northward along the centerline of Lower Brookfield Road to its intersection with the centerline of a county paved road connecting Lower Brookfield Road with U. S. Highway 82 (such road being designated as County Road No. 158); thence northward along the centerline of this paved County Road No. 158 to its intersection with the centerline of Seaboard Coastline Railroad; thence eastward along the centerline of Seaboard Coastline Railroad to its intersection with the center run of New River; thence northwestward along the center run of New River to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to where it is intersected by the center of New River Road; thence northeastward, northward, northwestward and northward along the centerline of New River Road to a point where it is intersected from the east by Arnett Mill Road; thence eastward along the centerline of Arnett Mill Road to its intersection with the centerline of U. S. Highway 319; thence northeastward along the centerline of U. S. Highway 319 to its intersection with the centerline of Paulk Road; thence southward along the centerline of Paulk Road to its intersection with the centerline of Ferry Lake Road; thence eastward along the centerline of Ferry Lake Road to its intersection with the center run of Alapaha Page 5268 River; thence eastward along the center run of Alapaha River to the east line of Tift County (which is also the west line of Berrien County). Education District 4 That portion of Tift County, Georgia, bounded on the north by Turner and Irwin Counties and on the east by Irwin County and on the west and south by a line described as follows: BEGIN at the intersection of the centerline of Gus Adams Road with the north line of Tift County, Georgia; thence southward along the centerline of Gus Adams Road to its intersection with the centerline of Rigdon Road; thence eastward along the centerline of Rigdon Road to its intersection with the centerline of Georgia Highway 125; thence southward along the centerline of Georgia Highway 125 to its intersection with the centerline of 12th Street in the city of Tifton; thence eastward along the centerline of 12th Street to its intersection with the centerline of Goff Street; thence southward along the centerline of Goff Street to its intersection with the centerline of Ferry Lake Road; thence eastward along the centerline of Ferry Lake Road to its intersection with the centerline of Fletcher Road; thence southward along the centerline of Fletcher Road to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to its intersection with the centerline of New River Road; thence northeastward, northward, northwestward and northward along the centerline of New River Road to a point where it is intersected by the centerline of Arnett Mill Road; thence eastward along the centerline of Arnett Mill Road to the centerline of U. S. Highway 319; thence northeastward along the centerline of U. S. Highway 319 to its intersection with the centerline of Paulk Road; thence southward along the centerline of Paulk Road to its intersection with the centerline of Ferry Lake Road; thence eastward along the centerline of Ferry Lake Road to its intersection with the center run of Alapaha River (the county line between Tift County, Georgia and Irwin County, Georgia). Page 5269 Education District 5 Begin at the intersection of the centerline of Fulwood Road with the centerline of Georgia Highway 125; thence southward along the centerline of Georgia Highway 125 to its intersection with the centerline of 12th Street; thence eastward along the centerline of 12th Street to its intersection with the centerline of Goff Street; thence southward along the centerline of Goff Street to its intersection with the centerline of Ferry Lake Road; thence westward along the centerline of Ferry Lake Road to its intersection with the centerline of Belmont Avenue; thence westward along the centerline of 4th Street to its intersection with the centerline of Chestnutt Avenue; thence southward along the centerline of Chestnutt Avenue to its intersection with the centerline of Second Street; thence westward along the centerline of Second Street to its intersection with centerline of Tift Avenue; thence northward along the centerline of Tift Avenue to its intersection with the centerline of Fourth Street; thence westward along the centerline of Fourth Street to its intersection with the centerline of Love Avenue (U. S. Highway 41); thence southward along the centerline of Love Avenue to its intersection with the centerline of U. S. Highway 82; thence westward along the centerline of U. S. Highway 82 to its intersection with the centerline of Interstate Highway 75; thence northward along the centerline of Interstate Highway 75 to its intersection with the centerline of 8th Street; thence eastward along the centerline of 8th Street to its intersection with the centerline of the Southern Railroad; thence northward along the centerline of the Southern Railroad to its intersection with the centerline of Interstate Highway 75; thence northeastward and northward along the centerline of Interstate Highway 75 to its intersection with the centerline of Fulwood Road; thence eastward along the centerline of Fulwood Road to the point of beginning. Education District 6 That portion of Tift County, Georgia, bounded on the north by Turner County, Georgia, on the west by Worth County, Georgia, and on the east and south by a line described as follows: Page 5270 BEGIN at the intersection of the centerline of Gus Adams Road with the north line of Tift County, Georgia; thence southward along the centerline of Gus Adams Road to its intersection with the centerline of Rigdon Road; thence eastward along the centerline of Rigdon Road to its intersection with the centerline of Georgia Highway 125; thence southward along the centerline of Georgia Highway 125 to its intersection with the centerline of Fulwood Road; thence westward along the centerline of Fulwood Road to its intersection with the centerline of Interstate Highway 75; thence southward and southwestward along the centerline of Interstate Highway 75 to its intersection with the centerline of the Southern Railroad; thence southward along the centerline of Southern Railroad to its intersection with the centerline of 8th Street; thence westward along the centerline of 8th Street to its intersection with the centerline of Interstate Highway 75; thence southward along the centerline of Interstate Highway 75 to its intersection with the centerline of U. S. Highway 82; thence westward along the centerline of U. S. Highway 82 to its intersection with the west city limit line of the City of Tifton (as it existed on January 1, 1984); thence northward along the west city limit line of the city of Tifton to its intersection with the centerline of the Seaboard Coastline Railroad; thence westward and northwestward along the centerline of the Seaboard Coastline Railroad to its intersection with the center run of Little River; thence northwestward along the center run of Little River to a point where it is intersected from the west by the run of Big Branch; thence northwestward along the center run of Big Branch to its intersection with the centerline of Taylor Road; thence southwestward along the centerline of Taylor Road to its intersection with the centerline of the Seaboard Coastline Railroad; thence westward along the centerline of the Seaboard Coastline Railroad to its intersection with the east line of the city limits of the town of Ty Ty; thence southward, southwestward, westward, northwestward and northward along the city limits line of the town of Ty Ty to its intersection with the centerline of the Seaboard Coastline Railroad; thence northwestward along the centerline of the Seaboard Coastline Railroad to the west line of Page 5271 Tift County, Georgia (also being the east line of Worth County, Georgia). Education District 7 Education District 7 shall consist of all of Tift County. (b) Any part of Tift County which is not included in Education Districts 1 through 6 under subsection (a) of this section shall be included within that education district, except Education District 7, contiguous to such part which contains the least population according to the United States decennial census of 1980. Section 3. (a) As used in this section, the term `consent order' means that Consent Order of the United States District Court for the Middle District of Georgia, Valdosta, Division, dated April 5, 1984, (Civil Action File No. 83-10-VAL). (b) Members of the Board of Education of Tift County designated or elected under the consent order to serve from Districts 2 and 5 of that board for terms which expire December 31, 1986, shall serve out their respective terms of office and until their respective successors are first elected under this subsection and are qualified. Those respective successors elected from Education Districts 2 and 5, as described in Section 2 of this Act, shall be elected at the November general election of 1986 and take office the first day of January, 1987, to serve for initial terms of six years each and until their respective successors are elected and qualified. (c) Members of the Board of Education of Tift County designated or elected under the consent order to serve from Districts 4 and 6 of that board for terms which expire December 31, 1988, shall serve out their respective terms of office and until their respective successors are first elected under this subsection and are qualified. Those respective successors elected from Education Districts 4 and 6, as described in Section 2 of this Act, shall be elected at the November general election of 1988, and take office the first day of January, 1989, to serve for initial terms of six years each and until their respective successors are elected and qualified. (d) Members of the Board of Education of Tift County designated or elected under the consent order to serve from Page 5272 Districts 1, 3, and 7 of that board for terms which expire December 31, 1990, shall serve out their respective terms of office and until their respective successors are first elected under this subsection and are qualified. Those respective successors elected from Education Districts 1, 3, and 7, as described in Section 2 of this Act, shall be elected at the November general election of 1990 and take office the first day of January, 1991, to serve for initial terms of six years each and until their respective successors are elected and qualified. (e) Following the initial terms of office of members of the board first elected pursuant to subsections (b), (c), and (d) of this section, successors to members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election to serve for terms of six years each and until their respective successors are elected and qualified. (f) The office of the eighth member of the Board of Education of Tift County, held at the time of the consent order by M. Jones Ponder, shall be abolished upon the expiration of the term of that office, which expires December 31, 1986, as provided under that consent order. (g) Notwithstanding subsection (b) of Section 1 of this Act, incumbent members of the Board of Education of Tift County designated but not elected under the consent order to serve from a specified board of education district shall not be required to have resided in, continue to reside in, or be elected from that district if exempted from such requirement by the consent order. Section 2. This section and those provisions of this Act relating to and necessary for the election of members of the Board of Education of Tift County at the November general election of 1986 shall become effective upon the approval of this Act by the Governor or upon this Act's otherwise becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1987. Page 5273 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that a bill will be introduced at the regular 1986 Session of the General Assembly of Georgia to amend an Act providing for the Tift County Board of Education approved March 3, 1971 (Ga. Laws 1971, p. 2722), and for other purposes. February 12, 1986. Jones Ponder, Chairman Tift County Board Of Education February 15, 1986 PUBLISHER'S AFFIDAVIT GEORGIA, TIFT COUNTY Before the undersigned attesting officer in and for said state personally appeared Robert F. Morrell who on oath deposes and says that he is the Publisher of The Daily Tifton Gazette, a newspaper in which sheriff's advertisements appear for said Tift County; and that the foregoing notice regarding Notice of Intention to Introduce Local Legislation was published in said newspaper on February 15, 1986. /s/ ROBERT F. MORRELL PUBLISHER Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Lillian S. Radford Notary Public Georgia State at Large (SEAL) Approved March 28, 1986. Page 5274 TIFT COUNTY BOARD OF COMMISSIONERS; COMPOSITION; DISTRICTS; QUALIFICATIONS; ELECTIONS; TERMS; SESSIONS. No. 1309 (House Bill No. 1913). AN ACT To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to change the composition of that board and provide for commissioner districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board; to provide for qualifications and terms of the members of the board; to provide for vacancies; to provide for extra sessions of the board; to provide for a chairman of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, is amended by striking Sections 1, 2, and 3 thereof and inserting in their place the following: Section 1. (a) The governing authority of Tift County shall be the Board of Commissioners of Tift County, sometimes referred to in this Act as the `board,' which shall be composed of seven members. That board shall have the powers, duties, and obligations provided therefor by this Act and as provided for county governing authorities by the laws and Constitution of this state and shall succeed to all powers, duties, and obligations of the Board of Commissioners of Tift County existing immediately prior to the effective date of this section. One of the members of the board shall be the chairman and elected from Commissioner District 7, as described in Section 2 of this Act, from Tift County at large. The remaining six members of the board shall be elected from commissioner districts composed of portions of Tift County as described in Section 2 of this Act. All of the members of the board shall be elected at the times and in the manner provided by this Act. Page 5275 (b) All members of the board shall be qualified electors of Tift County. The chairman of the board shall have been a resident of Tift County prior to the date of taking office, and each of the other commissioners shall have been a resident of that person's respective commissioner district prior to the date of taking office. In the event the chairman ceases to be a resident of Tift County during the chairman's term of office or in the event any member ceases to be a resident of that member's respective commissioner district during that member's term of office, a vacancy shall thereby be created and shall be filled in the manner provided in Section 5 of this Act. The chairman of the board shall be elected by the qualified electors of the entire county. Each of the other members shall be elected by the qualified electors of Tift County residing within that member's respective commissioner district. Any person wishing to offer as a candidate for chairman shall offer as a candidate for that office. Any person offering as a candidate for commissioner other than the chairman shall designate the commissioner district for which that person is offering. The chairman and all other members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' Section 2. (a) For purposes of electing members of the Board of Commissioners of Tift County, Tift County is divided into seven commissioner districts as follows: Commissioner District 1 BEGIN at the intersection of the centerline of U. S. Highway 82 with the centerline of U. S. Highway 41 (Main Street) in the City of Tifton, Georgia; thence southward along the centerline of U. S. Highway 41 to its intersection with the south city limit line of the City of Tifton (as it exists on January 1, 1984); thence westward along the south city limit line of the City of Tifton to its intersection with the centerline of the Southern Railroad; thence southward along the centerline of the Southern Railroad to its intersection with the centerline of Maple Street; thence westward along the centerline of Maple Street to its intersection with the centerline of Highland Avenue; thence southward along the centerline Page 5276 of Highland Avenue to its intersection with the centerline of Martin Luther King, Jr. Drive (formerly known as 17th Street and Industrial Drive); thence westward along the centerline of Martin Luther King, Jr. Drive to a point where it is intersected from the south by the centerline of New Street (also shown on some maps as King Drive); thence southward along the centerline of New Street to a point where it is intersected from the west by the centerline of Benjamin Street; thence westward along the centerline of Benjamin Street to the centerline of South Central Avenue (also known as Old Union Road); thence southward along the centerline of South Central Avenue to its intersection with the centerline of Interstate Highway 75; thence southward along the centerline of Interstate Highway 75 to its intersection with the centerline of Oakridge Road; thence westward along the centerline of Oakridge Road to its intersection with the centerline of Old Union Road; thence northward along the centerline of Old Union road to a point where it is intersected from the west by the centerline of an unpaved county road (which unpaved county road runs east and west between U. S. Highway 319 and Old Union Road between lands on the north of said road owned, as of January 1, 1984, by W. R. Jordan, James R. Howell, Estate of E. R. Lindsey and Atlantic Coastline Railroad company and lands on the south of said road owned, as of January 1, 1984, by Estate of L. B. Allen, Cat Creek Farms and Nell L. Kendrick); thence westward along the centerline of such unpaved country road to the centerline of U. S. Highway 319; thence southward along the centerline of U. S. Highway 319 to a point where it is intersected by the centerline of the Old Isabella and Nashville Road; thence westward and northwestward along the centerline of Old Isabella and Nashville Road to its intersection with the centerline of the Scooterville Road (also known as the Salem Church Road); thence northeastward and eastward along the centerline of Scooterville Road to the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to the center run of Little River; thence northwestward along the center run of Little River to the centerline of Seaboard Coastline Railroad; thence southeastward and eastward along the centerline of Seaboard Page 5277 Coastline Railroad to its intersection with the west city limit line of the City of Tifton (as it existed on January 1, 1984); thence southward along the west line of the city limits of Tifton, Georgia to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to its intersection with the centerline of U. S. Highway 41 and the point of beginning. Commissioner District 2 BEGIN at the intersection of the centerline of Fourth Street in the City of Tifton with the centerline of U.S. Highway 41; thence eastward along the centerline of Fourth Street to its intersection with the centerline of Tift Avenue; thence southward along the centerline of Tift Avenue to its intersection with the centerline of Second Street; thence eastward along the centerline of Second Street to its intersection with the centerline of Chestnutt Avenue; thence northward along the centerline of Chestnutt Avenue to its intersection with the centerline of Fourth Street; thence eastward along the centerline of Fourth Street to its intersection with the centerline of Belmont Avenue; (from this point eastward Fourth Street is known as Ferry Lake Road); thence eastward along the centerline of Ferry Lake Road to a point where it is intersected from the south by the centerline of Fletcher Road; thence southward along the centerline of Fletcher Road to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to the center run of New River; thence southeastward along the center run of New River to its intersection with the centerline of Seaboard Coastline Railroad; thence westward along the centerline of Seaboard Coastline Railroad to its intersection with a county paved road connecting U. S. Highway 82 and Lower Brookfield Road (such connector road being numbered as County Road 158); thence southward along the centerline of this connector County Road 158 to its intersection with the centerline of Lower Brookfield Road; thence southeastward and southward along the centerline of Lower Brookfield Road to its intersection with the centerline of Highway No. 125; thence southward Page 5278 along the centerline of Oakridge-Eldorado Road to the point where it is intersected from the west by the centerline of Oakridge Road; thence westward along the centerline of Oakridge Road to its intersection with the centerline of Interstate Highway 75; thence northward along the centerline of Interstate Highway 75 to its intersection with the centerline of South Central Avenue; thence northward along the centerline of South Central Avenue to a point where it is intersected from the east by the centerline of Benjamin Street; thence eastward along the centerline of Benjamin Street to its intersection with the centerline of New Street (also known as King Drive); thence northward along the centerline of New Street to its intersection with the centerline of Martin Luther King, Jr. Drive (also known as Industrial Drive or 17th Street); thence eastward along the centerline of Martin Luther King, Jr. Drive to its intersection with the centerline of Highland Avenue; thence northward along the centerline of Highland Avenue to its intersection with the centerline of Maple Street; thence eastward along the centerline of Maple Street to its intersection with the centerline of the Southern Railroad; thence northward along the centerline of the Southern Railroad to its intersection with the south city limit line of the City of Tifton; thence eastward along the south city limit line of the City of Tifton to its intersection with the centerline of U. S. Highway 41; thence northward along the centerline of U. S. Highway 41 to its intersection with the centerline of 4th Street and the point of beginning. Commissioner District 3 That portion of Tift County, Georgia bounded on the west by Worth County, on the south by Colquitt and Cook Counties, on the east by Cook and Berrien Counties and on the north by a line described as follows: BEGIN at the intersection of the centerline of the Seaboard Coastline Railroad with the west line of Tift County, Georgia (which is also the east line of Worth County, Georgia); thence eastward along the centerline of the Seaboard Coastline Railroad to its intersection with the west city limit line of the Town of Ty Ty, Georgia; Page 5279 thence southward, southeastward, eastward, northeastward and northward along the west, south and east city limit line of the Town of Ty Ty to its intersection with the centerline of the Seaboard Coastline Railroad (on the east side of the Town of Ty Ty); thence eastward along the centerline of the Seaboard Coastline Railroad to its intersection with the centerline of Taylor Road; thence northeastward along the centerline of Taylor Road to its intersection with the center run of Big Branch; thence eastward and southeastward along the center run of Big Branch to its intersection with the center run of Little River; thence southward along the center run of Little River to its intersection with the centerline of U. S. Highway 82; thence westward along the centerline of U. S. Highway 82 to its intersection with the centerline of Scooterville Road (also known as Salem Church Road); thence southwestward along the centerline of Scooterville Road to its intersection with the centerline of Old Isabella-Nashville Road; thence southeastward along the centerline of Old Isabella-Nashville Road to its intersection with the centerline of U. S. Highway 319; thence northeastward and northward along the centerline of U. S. Highway 319 to a point where it is intersected from the east by the centerline of an unpaved county road running east and west between U. S. Highway 319 and Old Union Road between lands on the north of said road owned, as of January 1, 1984, by W. R. Jordan, James R. Howell, Estate of E. R. Lindsey and Atlantic Coastline Railroad Company and lands on the south of said road owned, as of January 1, 1984, by Estate of L. B. Allen, Cat Creek Farms and Nell L. Kendrick; thence eastward along the centerline of this unpaved county road to its intersection with the centerline of Old Union Road; thence southward along the centerline of Old Union Road to its intersection with the centerline of Oakridge Road; thence eastward along the centerline of Oakridge Road to its intersection with the centerline of the Eldorado and Oakridge Church Road; thence northward along the centerline of the Eldorado and Oakridge Church Road to the centerline of Highway 125; thence northward along the centerline of Lower Brookfield Road to its intersection with the centerline of a county paved road connecting Lower Brookfield Page 5280 Road with U. S. Highway 82 (such road being designated as County Road No. 158); thence northward along the centerline of this paved County Road No. 158 to its intersection with the centerline of Seaboard Coastline Railroad; thence eastward along the centerline of Seaboard Coastline Railroad to its intersection with the center run of New River; thence northwestward along the center run of New River to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to where it is intersected by the center of New River Road; thence northeastward, northward, northwestward and northward along the centerline of New River Road to a point where it is intersected from the east by Arnett Mill Road; thence eastward along the centerline of Arnett Mill Road to its intersection with the centerline of U. S. Highway 319; thence northeastward along the centerline of U. S. Highway 319 to its intersection with the centerline of Paulk Road; thence southward along the centerline of Paulk Road to its intersection with the centerline of Ferry Lake Road; thence eastward along the centerline of Ferry Lake Road to its intersection with the center run of Alapaha River; thence eastward along the center run of Alapaha River to the east line of Tift County (which is also the west line of Berrien County). Commissioner District 4 That portion of Tift County, Georgia, bounded on the north by Turner and Irwin Counties and on the east by Irwin County and on the west and south by a line described as follows: BEGIN at the intersection of the centerline of Gus Adams Road with the north line of Tift County, Georgia; thence southward along the centerline of Gus Adams Road to its intersection with the centerline of Rigdon Road; thence eastward along the centerline of Rigdon Road to its intersection with the centerline of Georgia Highway 125; thence southward along the centerline of Georgia Highway 125 to its intersection with the centerline of 12th Street in the city of Tifton; thence eastward along the centerline of 12th Street to its intersection Page 5281 with the centerline of Goff Street; thence southward along the centerline of Goff Street to its intersection with the centerline of Ferry Lake Road; thence eastward along the centerline of Ferry Lake Road to its intersection with the centerline of Fletcher Road; thence southward along the centerline of Fletcher Road to its intersection with the centerline of U. S. Highway 82; thence eastward along the centerline of U. S. Highway 82 to its intersection with the centerline of New River Road; thence northeastward, northward, northwestward and northward along the centerline of New River Road to a point where it is intersected by the centerline of Arnett Mill Road; thence eastward along the centerline of Arnett Mill Road to the centerline of U. S. Highway 319; thence northeastward along the centerline of U. S. Highway 319 to its intersection with the centerline of Paulk Road; thence southward along the centerline of Paulk Road to its intersection with the centerline of Ferry Lake Road; thence eastward along the centerline of Ferry Lake Road to its intersection with the center run of Alapaha River (the county line between Tift County, Georgia and Irwin County, Georgia). Commissioner District 5 Begin at the intersection of the centerline of Fulwood Road with the centerline of Georgia Highway 125; thence southward along the centerline of Georgia Highway 125 to its intersection with the centerline of 12th Street; thence eastward along the centerline of 12th Street to its intersection with the centerline of Goff Street; thence southward along the centerline of Goff Street to its intersection with the centerline of Ferry Lake Road; thence westward along the centerline of Ferry Lake Road to its intersection with the centerline of Belmont Avenue; thence westward along the centerline of 4th Street to its intersection with the centerline of Chestnutt Avenue; thence southward along the centerline of Chestnutt Avenue to its intersection with the centerline of Second Street; thence westward along the centerline of Second Street to its intersection with centerline of Tift Avenue; thence northward along the centerline of Tift Avenue to its intersection with the centerline of Fourth Street; Page 5282 thence westward along the centerline of Fourth Street to its intersection with the centerline of Love Avenue (U. S. Highway 41); thence southward along the centerline of Love Avenue to its intersection with the centerline of U. S. Highway 82; thence westward along the centerline of U. S. Highway 82 to its intersection with the centerline of Interstate Highway 75; thence northward along the centerline of Interstate Highway 75 to its intersection with the centerline of 8th Street; thence eastward along the centerline of 8th Street to its intersection with the centerline of the Southern Railroad; thence northward along the centerline of the Southern Railroad to its intersection with the centerline of Interstate Highway 75; thence northeastward and northward along the centerline of Interstate Highway 75 to its intersection with the centerline of Fulwood Road; thence eastward along the centerline of Fulwood Road to the point of beginning. Commissioner District 6 That portion of Tift County, Georgia, bounded on the north by Turner County, Georgia, on the west by Worth County, Georgia, and on the east and south by a line described as follows: BEGIN at the intersection of the centerline of Gus Adams Road with the north line of Tift County, Georgia; thence southward along the centerline of Gus Adams Road to its intersection with the centerline of Rigdon Road; thence eastward along the centerline of Rigdon Road to its intersection with the centerline of Georgia Highway 125; thence southward along the centerline of Georgia Highway 125 to its intersection with the centerline of Fulwood Road; thence westward along the centerline of Fulwood Road to its intersection with the centerline of Interstate Highway 75; thence southward and southwestward along the centerline of Interstate Highway 75 to its intersection with the centerline of the Southern Railroad; thence southward along the centerline of Southern Railroad to its intersection with the centerline of 8th Street; thence westward along the centerline of 8th Street to its intersection with the centerline of Interstate Highway 75; thence southward along the Page 5283 centerline of Interstate Highway 75 to its intersection with the centerline of U. S. Highway 82; thence westward along the centerline of U. S. Highway 82 to its intersection with the west city limit line of the City of Tifton (as it existed on January 1, 1984); thence northward along the west city limit line of the city of Tifton to its intersection with the centerline of the Seaboard Coastline Railroad; thence westward and northwestward along the centerline of the Seaboard Coastline Railroad to its intersection with the center run of Little River; thence northwestward along the center run of Little River to a point where it is intersected from the west by the run of Big Branch; thence northwestward along the center run of Big Branch to its intersection with the centerline of Taylor Road; thence southwestward along the centerline of Taylor Road to its intersection with the centerline of the Seaboard Coastline Railroad; thence westward along the centerline of the Seaboard Coastline Railroad to its intersection with the east line of the city limits of the town of Ty Ty; thence southward, southwestward, westward, northwestward and northward along the city limits line of the town of Ty Ty to its intersection with the centerline of the Seaboard Coastline Railroad; thence northwestward along the centerline of the Seaboard Coastline Railroad to the west line of Tift County, Georgia (also being the east line of Worth County, Georgia). Commissioner District 7 Commissioner District 7 shall consist of all of Tift County. (b) Any part of Tift County which is not included in Commissioner Districts 1 through 6 under subsection (a) of this section shall be included within that commissioner district, except Commissioner District 7, contiguous to such part which contains the least population according to the United States decennial census of 1980. Section 3. (a) As used in this section, the term 'consent order' means that Consent Order of the United States District Court for the Middle District of Georgia, Valdosta Division, dated April 5, 1984 (Civil Action File No. 83-9-VAL). Page 5284 (b) Members of the Board of Commissioners of Tift County designated or elected under the consent order to serve as commissioners from Districts 1, 3, 4, and 6 shall serve out their respective terms of office, which expire December 31, 1986, and until their respective successors are first elected under this subsection and qualified. Those respective successors elected from Commissioner Districts 1, 3, 4, and 6, as described in Section 2 of this Act, shall be elected at the November general election of 1986 and take office the first day of January, 1987, for initial terms of four years each and until their respective successors are elected and qualified. (c) Members of the Board of Commissioners of Tift County elected under the consent order to serve as commissioners from Districts, 2, 5, and 7 shall serve out their respective terms of office, which expire December 31, 1988, and until their respective successors are first elected under this subsection and qualified. Those respective successors elected from Commissioner Districts 2, 5, and 7, as described in Section 2 of this Act, shall be elected at the November general election of 1988 and take office the first day of January, 1989, for initial terms of four years each and until their respective successors are elected and qualified. (d) Following those initial terms of office of members of the board, as specified in subsections (b) and (c) of this section, successors to members of the board whose terms are to expire shall be elected at the November general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election to serve for terms of four years each and until their respective successors are elected and qualified. Section 2. Said Act is further amended by striking from Section 4 thereof the following: Section 4. At the general election in 1964, two (2) persons shall be elected as commissioners of roads and revenues of Tift County from commissioner district numbers 1 and 3 for terms of office of four (4) years each, beginning January 1, 1965, and until their successors are elected and qualified. Page 5285 At the general election in 1966, three (3) persons shall be elected as commissioners of roads and revenues of Tift County from commissioner district numbers 2, 4, and 5 for terms of office of four (4) years each, beginning January 1, 1967, and until their successors are elected and qualified. In the general elections held after the general elections of 1964 and 1966, all persons elected as members of the board of commissioners of roads and revenues of Tift County shall be elected for terms of office of four (4) years each and until their successors are elected and qualified. Each person elected as a member of the board of commissioners of roads and revenues of Tift County shall be a resident of the district from which he offers as a candidate, but all persons shall be elected by the voters of the entire county., and redesignating subsection (b) of that Section 4, relating to compensation of the chairman, as Section 4. Section 3. Said Act is further amended by striking in its entirety Section 4A thereof, relating to the chairman of the board. Section 4. Said Act is further amended by striking Section 5 thereof, relating to vacancies, and inserting in its place the following: Section 5. (a) In the event of a vacancy in the membership of the board because of death, resignation, removal of residency from the county or commissioner district, or for any other reason, said vacancy shall be filled as provided in this section: (1) If the unexpired term is six months or less, the remaining members of the board, within 30 days after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy for the unexpired term, unless the vacancy occurs in the office of chairman, in which event the vice-chairman shall fill the vacancy for the unexpired term and the remaining members of the board shall appoint a qualified person to fill the vacancy in the commissioner district of that vice-chairman until the expiration of the term of the chairman; (2) If the unexpired term is more than six months and a `November election,' as defined by Code Section Page 5286 21-2-2 of the O.C.G.A. will be held within 180 days but not less than 30 days after the occurrence of the vacancy, then: (A) If the vacancy does not occur in the office of chairman, the remaining members of the board, within 30 days after the occurrence of said vacancy, shall appoint a qualified person to serve until the vacancy is filled for the remaining unexpired term by a person elected at a special election called for the same date as the November election as provided in this paragraph; or (B) If the vacancy occurs in the office of chairman, the vice-chairman shall serve until the vacancy is filled for the remaining unexpired term of the chairman by a person elected at a special election called for the same date as the November general election as provided in this paragraph and the remaining members of the board shall appoint a qualified person to fill the vacancy in the commissioner district of that vice-chairman until a person is elected chairman at the special election and is qualified. The election superintendent of Tift County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the remaining unexpired term, and that superintendent shall set the date of said special election for the same date as the November election. The call for said special election shall be issued not more than 45 days nor less than 30 days prior to the date of that special election; or (3) If the vacancy occurs at any time other than as specified in paragraphs (1) and (2) of this subsection, then within 15 days after the occurrence of said vacancy, the election superintendent of Tift County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. If that vacancy occurs in the office of chairman, the vice-chairman shall serve as chairman until a person is elected at the special election to serve as chairman and is qualified; and the vacancy in the commissioner Page 5287 district of the vice-chairman shall not be filled during the vice chairman's so serving as chairman. Said superintendent shall set the date of said special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. (b) When a vacancy occurs in the office of chairman of the board, the person elected to fill said vacancy, or the vice-chairman serving as chairman, may reside anywhere within the territorial limits of Tift County, and when filled by a special election, the qualified electors of the entire County of Tift shall be eligible to vote at said special election. When the vacancy occurs in the office of a member of the board other than chairman, the person elected or appointed to fill said vacancy, as the case may be, shall be a resident of the commissioner district wherein the vacancy exists, and when filled by a special election, only the qualified electors of Tift County who reside within the commissioner district wherein the vacancy exists shall be eligible to vote at said special election. Persons elected or appointed to fill vacancies as provided by this section shall be subject to the same qualifications as required of other persons elected to the office of chairman or commissioner of Tift County. (c) The provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' shall apply to special elections to fill vacancies provided for in this section. Section 5. Said Act is further amended by striking from subsection (a) of Section 9 thereof the following: any three members of the board, and inserting in its place the following: a majority of the members of the board, other than the chairman,, so that when so amended said subsection (a) shall read as follows: (a) The board of commissioners shall hold their regular session on the first Monday in each month in the courthouse of said county and may adjourn from day to day until their Page 5288 business is finished, and extra sessions may be held at any time on the call of the chairman or upon the call of a majority of the members of the board, other than the chairman, when in the judgment of the board the interest of the county demands it. Section 6. Said Act is further amended by striking subsection (b) of Section 9A thereof, relating to the vice-chairman's filling vacancies in the office of chairman, and redesignating subsection (c) thereof as subsection (b). Section 7. All laws and parts of laws in conflict with this Act are repealed. LOCAL LEGISLATION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an act creating a Board of Commissioners of Tift County, approved August 9, 1917 (Ga.L. 1917, P. 396), as amended; and for other purposes. This 1st day of February, 1986. /s/ Charles Kent Chairman, Tift County Board of Commissioners February 1, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County, on the following date: February 1, 1986. /s/ Henry Bostick Representative, 138th District Page 5289 Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 28, 1986. FLOYD COUNTY BOARD OF ELECTIONS AND REGISTRATION CREATED. No. 1310 (House Bill No. 1903). AN ACT To create a board of elections and registration for Floyd County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and term of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairman and the powers and duties of such chairman; to provide for board employees and their compensation and merit system status; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairman and members of the board; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5290 Section 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created for Floyd County the Floyd County Board of Elections and Registration, sometimes referred to in this Act as the board. The board shall have the powers and duties of the election superintendent of Floyd County with regard to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Section 2. The board shall be composed of three members, each of whom shall be an elector and resident of Floyd County. Members of the board shall be appointed thereto by the Board of Commissioners of Floyd County, which shall also designate one of those members to be the chairman of the board of elections and registration. The first members of the board shall be appointed for an initial term beginning July 1, 1987, and ending December 31, 1990. After the initial terms of office, successors to members whose terms are to expire shall be appointed to take office the first day of January immediately following that expiration of term and shall serve for terms of four years each and until their successors are duly appointed and qualified. Section 3. The appointment of each member by the Board of Commissioners of Floyd County shall be made by that board of commissioners filing an affidavit with the clerk of the Superior Court of Floyd County stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. That affidavit for the member who has been appointed as chairman of the board shall also specify that member's chairmanship. That clerk shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman within the same time and in the same manner as provided by law for registrars. If the Board of Commissioners of Floyd County does not, in conformity with this Act, certify its appointments to the board no later than 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the Constitution, shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section, and the Page 5291 person so appointed shall serve out the unexpired term of office. Section 4. Each member of the board shall be eligible to succeed himself without limitation and shall have the right to resign at any time by giving written notice of his resignation to the Board of Commissioners of Floyd County and to the clerk of the Superior Court of Floyd County and shall be subject to removal from the board by the Board of Commissioners of Floyd County at any time for cause after notice and hearing in the same manner and by the same authority as provided for removal of registrars. Section 5. In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the Board of Commissioners of Floyd County shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 6. Before entering upon his duties, each member of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 7. On July 1, 1987, the election superintendent and board of registrars of Floyd County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, that board of registrars and the office of chief registrar of Floyd County shall be abolished. Section 8. The chairman of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Page 5292 Section 9. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The Board of Commissioners of Floyd County shall have the right to approve the hiring of any such employee. All such employees shall be under the Floyd County Merit System. Section 10. With the consent of the Board of Commissioners of Floyd County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. Section 11. Compensation for the chairman and other members of the board and other employees shall be fixed by the board with the approval of the Board of Commissioners of Floyd County. Such compensation shall be paid from county funds. Section 12. The Board of Commissioners of Floyd County shall provide the board with such proper and suitable offices and equipment and with such employees as the board of commissioners shall deem appropriate. Section 13. The board is authorized to perform for any municipality located wholly or partially within Floyd County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law. Section 14. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. Section 15. This Act shall become effective on July 1, 1987, except that for purposes of making initial appointments to the board, it shall become effective upon May 1, 1987. Section 16. All laws and parts of laws in conflict with this Act are repealed. Page 5293 605 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for a board of elections and registration for Floyd County; and other purposes. This 20th day of January, 1986. Honorable E. M. Childers Representative, 15th District Forest McKelvey Rep. 15th District Ed Hine Senator, 52nd District Feb. 6, 1986. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: February 6, 1986. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 28, 1986. Page 5294 BIBB COUNTY OFFICE OF TREASURER; ABOLITION. No. 1311 (House Bill No. 1901). AN ACT To provide for the abolition of the office of treasurer of Bibb County; to provide that the governing authority of Bibb County may cause the functions previously performed by the treasurer to be performed by others; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The office of treasurer of Bibb County is abolished effective upon the expiration of the term of office of the incumbent in office on March 1, 1986, or upon retirement of the incumbent in office on March 1, 1986, whichever date first occurs. Section 2. The governing authority of Bibb County is authorized to designate an employee of the county or some other person to perform the duties of treasurer when such office is abolished pursuant to Section 1 of this Act. Such employee or other person shall receive all funds heretofore received by the treasurer and disburse the same as provided by law for the disbursement of funds by county treasurers. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that application will be made to the 1986 Session of the General Assembly of Georgia for the passage of the following described legislation: A Bill to be Entitled an Act to provide for the abolition of the position of Treasurer of Bibb County, Georgia; to provide Page 5295 for the post of Treasurer-Emeritus; to provide retirement pay for a Treasurer-Emeritus meeting certain qualifications; to provide that the governing authority of Bibb County may cause the functions previously performed by the Treasurer to be performed by others; and for other purposes. Any amendments germane to the foregoing, including amendments to the title may be considered. This 14th day of February, 1986. E. S. SELL, Jr. Bibb County Attorney 2/15,1986-592642 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit and that advertisement as per attached has been published in the Macon Telegraph and New on the following dates: 02/15/86. /s/ Bob Preston Sworn to and subscribed before me this 15th day of Feb. 1986. /s/ Dawn H. Waites Notary Public, Bibb County Georgia. My Commission Expires August 1, 1987. (SEAL). Approved March 28, 1986. Page 5296 COBB COUNTY-MARIETTA WATER AUTHORITY BONDING LIMITS; COMPENSATION; VACANCIES; COMPETITIVE BIDDING. No. 1312 (House Bill No. 1898). AN ACT To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10, 1971, (Ga. L. 1971, p. 3485), an Act approved March 28, 1972 (Ga. L. 1972, p. 3208), an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), an Act approved March 19, 1984 (Ga. L. 1984, p. 4345), so as to increase to $120 million the maximum amount of negotiable revenue bonds issuable by the authority; to change the compensation payable to the chairman and members of the authority; to clarify the method of appointment of members of the authority in the event of a vacancy; to change provisions relating to competitive bidding; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10, 1971 (Ga. L. 1971, p. 3485), an Act approved March 28, 1972 (Ga. L. 1972, p. 3208), an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), and an Act approved March 19, 1984 (Ga. L. 1984, p. 4345), is amended by striking Section 2 thereof and inserting in its place a new Section 2 to read as follows: Section 2. Cobb County-Marietta Water Authority. (a) There is hereby created a body corporate and politic Page 5297 to be known as the Cobb County-Marietta Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. (b) The authority shall consist of five members who shall be determined and selected as follows: (1) One member shall be the chairman of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia; (3) Two members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The two members so selected by the caucus must be residents of the unincorporated area of Cobb County. One of the two members so selected by the caucus must be a resident of the western district from which members of the Board of Commissioners of Cobb County are elected; and one of the members so selected by the caucus must be a resident of the eastern district from which members of the Board of Commissioners of Cobb County are elected. (4) One member shall be selected by the governing authority of the City of Acworth, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 4; by the governing authority of the City of Austell, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 8; by the governing authority of the City of Kennesaw, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 2; by the governing authority of the City of Powder Springs, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 6; and by the governing authority of the City of Smyrna, Georgia, in those years in which the members of the authority are to be elected which end with the numeral 0. Page 5298 (c) The term of office of the Chairman of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with his term of office as Chairman of the Board of Commissioners of Cobb County. The terms of all other members of the authority shall be four years and until a successor shall be selected and appointed, except that the two members selected by caucus of the members of the State House of Representatives and State Senate shall have an initial term of two years commencing August 15, 1984, and thereafter their terms shall be four years commencing August 15, 1986. The terms of all members of the authority holding office on April 1, 1984, shall terminate on August 15, 1984, at which time the members of the authority selected in accordance with this section will begin their terms of office. (d) The authority shall elect one of its members as Chairman and another member as Vice Chairman. The authority may also select a Secretary and Treasurer, who need not necessarily be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (e) The members of the authority shall each be entitled to compensation for their services at the rate of $2,400.00 per year, payable monthly, except that the Chairman shall be entitled to compensation for the Chairman's services at the rate of $3,600.00 per year, payable monthly. All such compensation payable by the authority shall be in addition to any compensation otherwise payable to any member of the authority by any municipality or county by virtue of any municipal or county elective office held by such member. All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. Said Act is further amended by striking Section 2A thereof in its entirety and inserting in its place a new Section 2A to read as follows: Section 2A. (a) In the event of a vacancy in the membership of the authority by reason of death, resignation, or Page 5299 disability, said vacancy shall be filled by the governing authority or caucus which originally selected the vacating member in question. Notwithstanding that a vacancy occurs in a year in which the governing authority of another city may be authorized to select a member for a full term under paragraph (4) of subsection (b) of Section 2 of this Act, the governing authority of that city which selected the member whose office has become vacant shall select a successor to serve the remainder of that member's unexpired term and until a successor is regularly selected and appointed. (b) In the event of a vacancy in the office of Chairman of the authority occurring by reason of the death, resignation, or disability of the Chairman of the Board of Commissioners of Cobb County, then the deputy commissioner shall fill the vacancy so created, and if there is no deputy commissioner of Cobb County, then the Board of Commissioners of Cobb County shall elect one of its members to fill such vacancy. Section 3. Said Act is further amended by striking Section 4A thereof and inserting in its place a new Section 4A to read as follows: Section 4A. (a) Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market, and except as hereinafter provided, competitive bids shall be secured before any purchase or sale by contract or otherwise is made by the authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the authority other than professional services, and the purchase shall be made from, or the contract shall be awarded to, the lowest responsible bidder, or a sale to the highest responsible bidder. Where the amount involved is $2,500.00 or more, no purchase of any unique article or other articles unobtainable in the open market shall be made unless a report detailing why such unique article or other articles are unobtainable in the open market is approved by the authority and entered into the minutes of the authority. (b) All purchases, contracts, and sales of $2,500.00 or more for which competitive bids must be secured shall be Page 5300 awarded after advertising in the official organ of Cobb County at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time, and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. (c) Purchases or sales under $2,500.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the authority. (d) Competitive bidding requirements may be waived if it is determined by the authority that an emergency directly and immediately affecting customer service or public health, safety, or welfare requires immediate delivery of supplies, materials, equipment, or services; provided, however, that a record explaining the emergency shall be entered into the minutes of the authority. (e) The authority shall have the right to reject any or all bids, or parts of any or all bids, whenever in the opinion of the authority such rejection is necessary for the protection of the interests of the authority. In such cases, the authority shall readvertise for new bids on the same or different terms. Section 4. Said Act is further amended by striking Section 5 thereof and inserting in its place a new Section 5 to read as follows: Section 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $120 Page 5301 million outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the `Revenue Bond Law,' as now or hereafter amended, payable semiannually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 5. All laws and parts of laws in conflict with this Act are repealed. L-824 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an act known as the Cobb-County-Marietta Water Authority Act, approved February 21, 1961, (Ga. L. 1951, p. 497) as heretofore amended; and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Fred Aiken Johnny Isakson Page 5302 Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:31 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 31, 1986. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5303 GWINNETT COUNTY MERIT SYSTEM BOARD; EXECUTIVE SECRETARY; PERSONNEL DIRECTOR; MEETINGS. No. 1313 (House Bill No. 1897). AN ACT To amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), so as to provide for the duties of the Executive Secretary and the Personnel Director; to provide for meetings of the Board; to provide that the Personnel Director shall be in the unclassified service; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), is amended by adding at the end of Section 2 a new paragraph, to be designated paragraph (9), to read as follows: (9) `Personnel Director' means that official who is responsible for the day-to-day administration of the personnel operations of the county. Section 2. Said Act is further amended by striking in its entirety Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. Meetings of the Board. The Board shall hold regular meetings at least once a month and as often in addition thereto as the Board may provide. Three members shall constitute a quorum for the conduct of business, provided that any official action of the Board must be concurred in by three members. All said meetings shall be open to the public. Ten days' written notice thereof shall be given to each member by the Executive Secretary of the Board, who shall, under the direction of the Board, also keep minutes of each meeting. Page 5304 Section 3. Said Act is further amended by striking in its entirety paragraph (3) of Section 5 and inserting in its place a new paragraph (3) to read as follows: (3) To hear and determine appeals and complaints respecting the official actions of the Executive Secretary or the Personnel Director and such other matters as may be referred to the Board by the Executive Secretary. Section 4. Said Act is further amended by striking in its entirety paragraph (6) of Section 5 and inserting in its place a new paragraph (6) to read as follows: (6) To examine and approve or modify the annual report prepared by the Personnel Director and to submit such report to the governing authority on or before the first day of February covering the period from January 1 through December 31 of the preceding year, transmitting therewith any suggestions that may be recommended for the more effectual accomplishment of the purpose of this Act. Section 5. Said Act is further amended by striking in its entirety Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. Executive SecretaryAppointment, Removal, Compensation. (1) The governing authority shall appoint the Executive Secretary. Such Executive Secretary shall be a person competent in the field of public personnel administration and thoroughly in sympathy with the application of the merit system. The Executive Secretary shall not be the Personnel Director or any employee of the personnel department. First consideration shall be given, in selecting a qualified individual to serve as Executive Secretary, to those employees in the County Commissioners Office and in other offices in the county government. (2) The person appointed to fill the position of Executive Secretary may hold this position while performing other unrelated duties as an employee of Gwinnett County, except as provided in paragraph (1) of this section, and may be removed by the governing authority from the position as Executive Secretary at any time without cause when a Page 5305 change in this position is deemed appropriate by the governing authority. The governing authority's decision to remove a person from this position shall be final. (3) The Executive Secretary and the Personnel Director shall work cooperatively in carrying out the personnel responsibilities of Gwinnett County. Section 6. Said Act is further amended by striking in its entirety Section 8 and inserting in its place a new Section 8 to read as follows: Section 8. Executive SecretaryDuties. It shall be the duty of the Executive Secretary to: (1) Attend meetings of the Board, to act as its Secretary, and to record its official actions. (2) Secure the attendance of witnesses and production of books, papers, public records, and other documentary evidence pertinent to any such investigations. (3) Perform any other lawful acts required by ordinances, rules, or regulations of Gwinnett County which are not in conflict with this Act. Section 7. Said Act is further amended by adding at the end of Section 9 a new paragraph, to be designated paragraph (14), to read as follows: (14) The Personnel Director for the county. Section 8. Said Act is further amended by striking in its entirety Section 11 and inserting in its place a new Section 11 to read as follows: Section 11. Classification Plan. (1) The Personnel Director shall submit to the Board a classification plan, specifying the duties, authorities, and responsibilities of positions in the classified service. The Board then shall submit such plan, together with appropriate recommendations, to the governing authority for the latter's timely approval or rejection. Page 5306 (2) After the approval of such classification plan, the Personnel Director shall, with the recommendation of the Board and the approval of the governing authority, allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered, or abolished the Personnel Director shall, with the approval of the Board, make such allocations of positions as are necessitated thereby. (3) Following the approval of the classification plan and the allocation therein of positions: (a) The class title set forth therein shall be used to designate such positions in all official records, documents, vouchers, payrolls, and communications; and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the Personnel Director as appropriate to the duties to be performed; and (b) All appointments, employments, suspensions, changes in grade or title, or any other change in the status of a person in the classified service, now or hereafter employed, shall be made and permitted as prescribed by this Act and the rules, regulations, and classifications plan adopted pursuant thereto, provided that an employee holding a position in the classified service immediately prior to the effective date of this Act shall not be required to undergo an examination as a condition for his continued employment. Section 9. Said Act is further amended by striking in its entirety Section 12 and inserting in its place a new Section 12 to read as follows: Section 12. Certification by Personnel Director. No employee within the classified service shall be placed on a payroll of Gwinnett County until the Personnel Director has properly certified the individual to the position. The Personnel Director may provide that certification of payrolls be made once every six months, and such certification shall remain in effect in the case of any officer or employee whose Page 5307 status has not changed after the last certification of this payroll. No Gwinnett County disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the classified service unless the payroll voucher or account of such pay bears the certificate number of the Personnel Director or his authorization to persons named therein who have been appointed and employed in accordance with the provisions of this law and the rules, regulations, orders, and classification plan thereunder. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), so as to provide for duties of the personnel director and executive secretary; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5295 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Page 5308 News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF MACON AND BIBB COUNTY ZONING AND PLANNING; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1314 (House Bill No. 1883). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334; H.B. 389; Ga. L. 1947, p. 1240); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the Page 5309 City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334; H.B. 389; Ga. L. 1947, p. 1240) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14. Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1986 Session of the General Assembly of Georgia the following local legislation: A Bill to be Entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334; H. B. 389; Ga. L. 1947, p. 1240); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. EMORY GREENE, Chairman Board of Commissioners of Bibb County, Georgia. 2/8,1986-589570 Page 5310 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as per attached clipping has been published in the Macon Telegraph and News on the following dates: 02/8. /s/ Bob Preston Sworn to and subscribed before me this 08 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires August 1, 1987. (SEAL). Bibb Co. Board of Commissioner Room 307 Courthouse Macon GA 31201 Approved March 28, 1986. HART COUNTY CORONER; COMPENSATION. No. 1315 (House Bill No. 1869). AN ACT To amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, Page 5311 approved March 24, 1965 (Ga. L. 1965, p. 2561), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3962), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2561), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3962), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The coroner shall receive a salary of $325.00 per month payable from the funds of Hart County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Local legislation will be introduced in the 1986 legislative session to change the compensation for coroner of Hart County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford, who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following date: January 16, 1986. /s/ Billy Milford Representative, 13th District Page 5312 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. COBB COUNTY CHIEF DEPUTY SHERIFF; CHIEF INVESTIGATOR; COMPENSATION. No. 1316 (House Bill No. 1557). AN ACT To amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4003), so as to fix the salary of the chief deputy sheriff of Cobb County; to fix the compensation of the chief investigator for Cobb County; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4003), is amended by striking subsections (b) and (c) of Section 5, relating Page 5313 to the sheriff and the sheriff's department, and inserting in their place new subsections (b) and (c) to read as follows: (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $39,600.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer, or Page 5314 be a graduate of a law school accredited by the Georgia Bar Association, or be a graduate of the Southern Police Institute School of Police Management and Administration. The salary of the chief investigator shall be $38,500.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. L-845 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 438) as amended, so as to change the compensation of the Sheriff, the Sheriff's Chief Deputy, the Clerk of the Superior Court, the Deputy Clerk of the Superior Court, the Judge of the Probate Court, and the Clerk of the Probate Court; and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thomson Terry Lawler Fred Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Page 5315 Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry D. Lawler, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986. /s/ Terry D. Lawler Representative, 20th District Sworn to and subscribed before me, this 31st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CHATHAM COUNTY BOARD OF COMMISSIONERS; TRANSIT SERVICES. No. 1318 (House Bill No. 1698). AN ACT To authorize the Board of Commissioners of Chatham County to provide transit services throughout the county; to provide for exceptions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 5316 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Except as provided by Section 2 of this Act, the Board of Commissioners of Chatham County is authorized to provide transit services within any portion or portions of the unincorporated area of Chatham County and within any portion or portions of any incorporated area of Chatham County. In carrying out this function the Board of Commissioners of Chatham County may contract with a transit authority. Section 2. (a) Except for the City of Savannah, any city in Chatham County may exclude itself from the provisions of this Act. Such exclusion may be accomplished by a resolution adopted for that purpose by any such city if such resolution is adopted within 90 days after the effective date of this Act and is approved by a minimum of two-thirds of the members of the governing authority of such city. (b) Any city in Chatham County which adopts a resolution pursuant to subsection (a) of this section may, at any subsequent time, petition the Board of Commissioners of Chatham County to come back under the provisions of this Act. Such petition shall take the form of a resolution duly adopted by the governing authority of the municipality. After receiving such petition, the Board of Commissioners of Chatham County may notify the governing authority of the petitioning city of the time when the city, a portion thereof, or none of the city will be included in the special district for transit services and may take such action as may be necessary to include the city or a portion thereof within the special district for transit services. Section 3. The Board of Commissioners of Chatham County may create a special district for transit services, which may include all, any portion, or none of the unincorporated area of Chatham County or all, any portion, or none of the areas within the municipalities of Chatham County, as provided for in Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia to raise funds for the provision of transit services within such district. If said special district includes a portion or portions of Chatham County lying within the corporate boundaries of the City of Savannah, then such special district shall also include other portions of Chatham County. Any portion of the unincorporated area of Chatham County which does not receive transit services shall be excluded from the special Page 5317 district for transit services. Nothing in this Act shall be construed to prohibit the Board of Commissioners of Chatham County from financially supporting the provision of transit services within said county from any funds of said county. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 11, 1986, and finds that the following advertisement, to-wit: LEGAL ADVERTISEMENT NOTICE is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a Bill authorizing Chatham County to provide mass transit service throughout the county, to provide an effective date and for other purposes. This 7th day of January, 1986. Charles C. Brooks, Chairman Chatham County Board of Commissioners Jan. 11 N Page 5318 appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 23 day of January, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 28, 1986. TRI-COUNTY WATER AUTHORITY CREATED FOR COLUMBIA, MCDUFFIE, AND LINCOLN COUNTIES. No. 1319 (House Bill No. 1729). AN ACT To create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for Page 5319 the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertaking or project and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of the Counties of Columbia, McDuffie, or Lincoln shall be incurred in the exercise of any other powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be known and may be cited as the Tri-County Water Authority Act. Section 2. Tri-County Water Authority. (a) There is created a body corporate and politic, to be known as the Tri-County Water Authority, for the Counties of Columbia, McDuffie, and Lincoln, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) (1) The initial membership of the authority shall be composed of seven members. (2) The governing authority of Columbia, McDuffie, and Lincoln counties shall each appoint two members. In addition, the governing authority of all three counties shall appoint one at-large member who may be a resident of any one of the three counties. Page 5320 (3) Initial members of the authority shall serve until December 31, 1986, and until their successors are appointed and qualified. Successors to the initial members shall be appointed in December of 1986 and quadrennially thereafter and they shall each serve for terms of office of four years and until their successors are elected and qualified. Members of the authority may be appointed to succeed themselves. Immediately after such appointments, the members of the authority shall enter upon their duties. (4) The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall not have been convicted of a felony, and shall have been a resident of the geographic area embraced by the appointing authority for at least one year prior to the date of appointment. (d) The members of the authority shall elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman and shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and the treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution except in the case of a tie vote of the other members voting on said motion, resolution, or question. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. Page 5321 (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the appropriate entity whose representation is affected by the vacancy shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence, if applicable, from the geographic area embraced by the appointing authority which he represents; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) The word authority shall mean the Tri-County Water Authority created by this Act. (2) The word project shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of Columbia, McDuffie, and Lincoln counties, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water Page 5322 utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. (3) The term cost of project shall mean and embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing of any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The terms revenue bonds and bonds as used in this Act shall mean revenue bonds as defined and provided in the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Page 5323 Section 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, Page 5324 institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority abovegranted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside the State of Georgia, and between the authority and public bodies including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; Page 5325 (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in Section 3 of this Act, of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and Page 5326 provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 7 . Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority; and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared by this Act to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation inside the state. Section 9 . Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 11 . Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds Page 5327 or coupons which shall become mutilated or be destroyed or lost. Section 12 . Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members. Section 13 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the Counties of Columbia, McDuffie, or Lincoln nor a pledge of the faith and credit of said counties; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said counties to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14 . Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and Page 5328 paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall Page 5329 be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of the paying agent for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall Page 5330 be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Tri-County Water Authority. Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Courts of Columbia, McDuffie, or Lincoln County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said courts which shall have exclusive, original jurisdiction of such actions. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so Page 5331 compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various contracting entities in Columbia, McDuffie, and Lincoln counties and environs, including the geographic area of adjoining counties and municipalities located therein. Such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems and in those areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act Page 5332 to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of a water system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities shall be furnished. Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Columbia, McDuffie, and Lincoln counties; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Columbia, McDuffie, and Lincoln counties when in the performance of their public duties or work of the counties. Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Effect on other governments. This Act shall not and does not in any way take from Columbia, McDuffie, or Lincoln County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system or to issue revenue bonds as is provided by the Revenue Bond Law. Section 29. Liberal construction of Act. This Act, being for the welfare of the various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Page 5333 Section 30. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; to provide for all matters relative to the foregoing; and for other purposes This 10th day of January, 1986. Honorable Ben Barron Ross Representative, 82nd District Honorable John Huffman Chairman, Columbia County Board of Commissioners Jan. 22, 1986C GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Times which is the official organ of Columbia County, on the following date: January 22, 1986. /s/ Ben Barron Ross Representative, 82nd District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Page 5334 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; to provide for all matters relative to the foregoing and for other purposes. This 1st day of January, 1986. S/S Ben Barron Ross Representative 82nd District S/S Walker T. Norman Chairman, Lincoln County Board of Commissioners 2 6 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following date: February 6, 1986. /s/ Ben Barron Ross Representative, 82nd District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Page 5335 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduce at the regular 1986 session of the General Assembly of Georgia a bill to create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; to provide for all matters relative to the foregoing; and for other purposes. This 10th day of January, 1986. Ben Barron Ross Honorable Ben Barron Ross Representative, 82nd District Joyce R. Blevins Honorable Joyce R. Blevins Chairman, McDuffie County Board of Commissioners Jan. 15-C Affidavit of Publication Personally appeared before me, Jerry E. Whittle who, after being duly sworn, deposes and says that he is the Editor and Publisher of The McDuffie Progress, newspaper and legal organ of Thomson and McDuffie County, and that the attached notice appeared in the January 15, 1986 issue (issues) of said newspaper. /s/ Jerry E. Whittle Sworn to and subscribed before me this 6th day of February, 1986. /s/ Iona T. Price Notary Public, Georgia State at Large. My Commission Expires Mar. 26, 1986. (SEAL). Approved March 28, 1986. Page 5336 CITY OF CAIRO MAYOR AND COUNCIL MEMBERS; QUALIFICATIONS; ELECTIONS; DISTRICTS; EX OFFICIO MAYOR PRO TEMPORE. No. 1320 (House Bill No. 1760). AN ACT To amend an Act incorporating the City of Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, so as to provide for a mayor and council members; to provide residence requirements and other qualifications for candidates for mayor and council members; to provide for the election of city council members by districts and to describe the city council election districts; to provide for the election of the mayor; to provide for the election and terms of office thereof; to change the procedure and method for electing the ex officio mayor pro tempore; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, is amended by adding a new Section 4A to read as follows: Section 4A. (a) The municipal authority of said City of Cairo shall be vested in a mayor and five council members elected in the manner provided in this section. The mayor and council members serving on July 1, 1986, shall serve until the expiration of their terms of office and until their successors are elected and qualified. (b) At the time a candidate qualifies for election as mayor or qualifies for election as a member of the city council, such candidate shall be a citizen of the United States and shall be at least 21 years of age. A person may not offer as a candidate for election to the city council from any city council election district other than the election district of which he or she is a legal resident. A person may not offer as a candidate for election as mayor unless such Page 5337 person resides within the corporate limits of the City of Cairo. (c) For the purpose of electing members of the city council, the City of Cairo shall be divided into five election districts. One council member shall be elected from each district by the registered voters residing in that election district. The five city council election districts are described as follows: CITY COUNCIL ELECTION DISTRICT NO. 1 To find the point of beginning start at the point of intersection of the centerline of Seaboard Systems Railroad (main line) and the point of intersection of the centerline of North and South Broad Streets, thence from their point of intersection run in a westerly direction along the centerline of said Seaboard Systems Railroad (main line) to its point of intersection with the centerline of 4th Street S. W.; which point is the POINT OF BEGINNING; thence from said point of beginning run in a southerly direction along the centerline of said 4th Street S. W. to its point of intersection with the centerline of 1st Avenue S. W.-Bookerhill Blvd.; thence in a westerly direction along the centerline of said 1st Avenue S. W.-Bookerhill Blvd. to its point of intersection with the centerline of 8th Street S. W.; thence in a southerly direction along the centerline of said 8th Street S. W. to its point of intersection with the centerline of 2nd Avenue S. W.; thence in a westerly direction along the centerline of said 2nd Avenue S. W. to its point of intersection with the centerline of 1st Avenue S. W.-Bookerhill Blvd.; thence in a southwesterly direction along the centerline of said 1st Avenue S. W.-Bookerhill Blvd. for two blocks to its intersection with the centerline of 13th Street S. W.; thence in a southerly direction along the centerline of said 13th Street S. W. to its point of intersection with the centerline of Georgia State Highway Route No. 111; thence in a southwesterly direction along the centerline of said State Highway to its point of intersection with the existing corporate boundary line; thence in a clockwise direction along the existing corporate boundary line to its intersection with the centerline of 11th Avenue N. W.; thence Page 5338 in a northeasterly direction along the centerline of said 11th Avenue N.W. to its point of intersection with Parkers Mill Creek; thence in a southerly direction and down stream along the run of said Parkers Mill Creek to its point of intersection with the centerline of said Seaboard Systems Railroad (main line); thence in an easterly direction along the centerline of said Seaboard Systems Railroad (main line) to its point of intersection with the centerline of 4th Street S.W., which point is the point of beginning. CITY COUNCIL ELECTION DISTRICT NO. 2 Begin at the point of intersection of the centerline of the Seaboard Systems Railroad (main line) with the point of intersection of the centerline of North and South Broad Streets; thence from said point of beginning run in a southerly direction along the centerline of said South Broad Street to its point of intersection with the centerline of 3rd Avenue S.W.; thence in a westerly direction along the centerline of said 3rd Avenue S.W. to its point of intersection with the centerline of 1st Street S.W.; thence in a southerly direction along the centerline of said 1st Street S.W. to its point of intersection with the centerline of Georgia State Highway Route No. 111 (4th Avenue S.W.); thence in a westerly direction along the centerline of said State Highway (4th Avenue S.W.) to its point of intersection with the centerline of Church Street; thence in a southerly direction along the centerline of said Church Street to its point of intersection with the centerline of 5th Avenue S.W.; thence in a westerly direction along the centerline of said 5th Avenue S.W. to its point of intersection with the centerline of 3rd Street S.W.; thence in a northerly direction along the centerline of said 3rd Street S.W. to its point of intersection with the centerline of Georgia State Highway Route No. 111 (4th Avenue S.W.); thence in a westerly direction along the centerline of said State Highway (4th Avenue S.W.) to its point of intersection with the centerline of Parkers Mill Creek; thence downstream in a southwesterly direction along the centerline of said Parkers Mill Creek to its point of intersection with the existing corporate boundary line; thence in a clockwise direction Page 5339 along said corporate boundary line to its point of intersection with the centerline of Georgia State Highway Route No. 111; thence in a northeasterly direction along the centerline of said State Highway to its point of intersection with the centerline of 13th Street S.W.; thence in a northerly direction along the centerline of said 13th Street S.W. to its point of intersection with the centerline of Bookerhill Blvd.-1st Avenue S.W.; thence in a northeasterly direction along the centerline of said Bookerhill Blvd.-1st Avenue S.W. to its point of intersection with the centerline of 2nd Avenue S.W.; thence in an easterly direction along the centerline of said 2nd Avenue S.W. to its point of intersection with the centerline of 8th Street S.W.; thence in a northerly direction along the centerline of said 8th Street S.W. to its point of intersection with the centerline of 1st Avenue S.W.; thence in an easterly direction along the centerline of said 1st Avenue S.W. to its point of intersection with the centerline of 4th Street S.W.; thence in a northerly direction along the centerline of said 4th Street S.W. to its point of intersection with the centerline of Seaboard Systems Railroad (main line); thence in an easterly direction along the centerline of said Railroad (main line) to its point of intersection with the centerline of North and South Broad Street, which point is the point of beginning. CITY COUNCIL ELECTION DISTRICT NO. 3 Begin at the point of intersection of the centerline of Seaboard Systems Railroad (main line) with the point of intersection of the centerline of North and South Broad Street, which point is the POINT OF BEGINNING; thence from said point of beginning run thence in an easterly direction along the centerline of said Seaboard Systems Railroad (main line) to its point of intersection with the centerline of 5th Street S.E.; thence in a southerly direction along the centerline of said 5th Street S.E. to its point of intersection of the centerline of 5th Avenue S.E.; thence in an easterly direction along the centerline of said 5th Avenue S.E. to its point of intersection with the centerline of 6th Street S.E.; thence in a southerly direction along the centerline of said 6th Street S.E. to its point of intersection with the existing corporate Page 5340 boundary line; thence in a clockwise direction along the existing corporate boundary line to its point of intersection with the centerline of Parkers Mill Creek; thence upstream in a northerly direction along the centerline of said Parkers Mill Creek to its point of intersection with the centerline of Georgia State Highway Route No. 111 (4th Avenue S.W.); thence in an easterly direction along the centerline of said State Highway (4th Avenue S.W.) to its point of intersection with the centerline of 3rd Street S.W.; thence in a southerly direction along the centerline of said 3rd Street S.W. to its point of intersection with the centerline of 5th Avenue S.W.; thence in an easterly direction along the centerline of said 5th Avenue S.W. to its point of intersection with the centerline of Church Street; thence in a northerly direction along the centerline of Church Street to its point of intersection with the centerline of Georgia State Highway Route No. 111 (4th Avenue S.W.); thence in an easterly direction along the centerline of said State Highway (4th Avenue S.W.) to its point of intersection with the centerline of 1st Street S.W.; thence in a northerly direction along the centerline of said 1st Street S.W. to its point of intersection with the centerline of 3rd Avenue S.W.; thence in an easterly direction along the centerline of said 3rd Avenue S.W. to its point of intersection with the centerline of South Broad Street; thence northerly along the centerline of South Broad Street to its point of intersection with the centerline of said Seaboard Systems Railroad (main line), which point is the point of beginning. CITY COUNCIL ELECTION DISTRICT NO. 4 Begin at the point of intersection of the centerline of Seaboard Systems Railroad (main line) with the point of intersection of the centerline of North and South Broad Streets; thence in an easterly direction along the centerline of said Railroad (main line) to its point of intersection with the centerline of 5th Street N.E., which point is the POINT OF BEGINNING; thence from said point of beginning run thence in a northerly direction along the centerline of said 5th Street N.E. to its point of intersection with the existing corporate boundary line; thence in a clockwise direction along said existing corporate Page 5341 boundary line to its point of intersection with the centerline of 6th Street S.E.; thence in a northerly direction along the centerline of said 6th Street S.E. to its point of intersection with the centerline of 5th Avenue S.E.; thence in a westerly direction along the centerline of said 5th Avenue S.E. to its point of intersection with the centerline of 5th Street S.E.; thence in a northerly direction along the centerline of said 5th Street S.E. to its point of intersection with the centerline of said Seaboard Systems Railroad (main line), which point is the point of beginning. CITY COUNCIL ELECTION DISTRICT NO. 5 Begin at the point of intersection of the centerline of Seaboard Systems Railroad (main line) with the point of intersection of the centerline of North and South Broad Streets, which point is the POINT OF BEGINNING; thence from said point of beginning run thence in a westerly direction along the centerline of said Railroad (main line) to its point of intersection with Parkers Mill Creek; thence upstream in a northerly direction along the centerline of Parkers Mill Creek to its point of intersection with the centerline of 11th Avenue N.W.; thence in a westerly direction along the centerline of said 11th Avenue N.W. to its point of intersection with the existing corporate boundary line; thence in a clockwise direction along said existing corporate boundary line to its point of intersection with the centerline of 5th Street N.E.-State Highway Route No. 188; thence in a southerly direction along the centerline of said 5th Street N.E.-State Highway Route No. 188 to its point of intersection with the centerline of Seaboard Systems Railroad (main line); thence in a westerly direction along the centerline of said Railroad (main line) to its point of intersection with the centerline of North and South Broad Street, which point is the point of beginning. (d) The mayor of the City of Cairo shall be elected by the registered voters residing within the corporate limits of the city. (e) (1) The general election for the City of Cairo shall be held on the first Tuesday in October, 1986, and thereafter on the first Tuesday in October of each even-numbered year. Page 5342 (2) The city council members from City Council Election Districts 1, 3, and 5 shall be elected at the general election for the city in 1986 and shall take office on January 1, 1987, for terms of four years and until their successors are elected and qualified. The city council members from City Council Election Districts 2 and 4 shall be elected at the general election for the city held in 1988 and shall take office on January 1, 1989, for terms of four years and until their successors are elected and qualified. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election for terms of four years. (3) The mayor shall be elected at the general election for the city held in 1988 and shall take office on January 1, 1989, for a term of four years and until a successor is elected and qualified. Future successors shall be elected at the general election for the city immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years. (f) The mayor and members of the city council holding office on January 1, 1987, shall elect from the five members of the council an ex officio mayor pro tempore whose term of office shall be for one year beginning January 1, 1987. Thereafter, the term of office for said ex officio mayor pro tempore shall be for one year and until a successor is elected and qualified. Section 2. This Act shall become effective July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL 86-016 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Pursuant to the request of the Mayor and Council or the Page 5343 City of Cairo, Georgia, notice is hereby given that there will be introduced in the regular 1986 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Cairo approved August 8, 1906, as amended, so as to adopt a Plan which provided for five City Council Districts, numbered 1 through 5, each of which provides the percent of deviation of the black population to the total population, and for other purposes. Bobby Long Representative 142nd District 1-17-1t STATE OF GEORGIA COUNTY OF GRADY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long, who, on oath deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official legal organ of Grady County, Georgia, on the following date: January 17, 1986. /s/ Bobby Long Representative, Bobby Long 142nd District Sworn to and subscribed before me this 7th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5344 HALL COUNTY BUSINESS AND OCCUPATION LICENSES AND TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1321 (House Bill No. 1853). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 188 of the 1970 General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1032) and which relates to the power of the board of commissioners of Hall County to license, tax, and regulate businesses and occupations in the unincorporated area of Hall County; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 188 of the 1970 General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, p. 1032) and which relates to the power of the board of commissioners of Hall County to license, tax, and regulate businesses and occupations in the unincorporated area of Hall County shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5345 07-Public Notice NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 188 of the 1970 General Assembly and which was duly ratified at the 1970 general election (Ga. L. 1970, page 1032) and which relates to the power of the board of commissioners of Hall County to license, tax and regulate businesses and occupations in the unincorporated area of Hall County; and for other purposes. This 4th day of February, 1986. Jerry D. Jackson Joe D. Wood Bobby Lawson J. Nathan Deal #3509 Feb. 11 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: February 11, 1986. /s/ Jerry D. Jackson Representative, 9th District Page 5346 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF ATLANTA URBAN ENTERPRISE ZONES; PURPOSES; SIZE REQUIREMENTS; EXEMPTIONS. No. 1322 (House Bill No. 1854). AN ACT To amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), so as to provide that urban enterprise zones may be created for commercial and industrial purposes or for residential purposes; to provide for findings and intent; to provide for the definitions and locations of types of urban enterprise zones; to provide size requirements of zones; to provide to which zones certain exemptions shall apply; to provide for the application, amount, and expiration of exemptions; to limit the creation of additional zones and exemptions; to provide for certain reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Page 5347 Section 2. It is found and declared that economically and socially depressed areas exist within the City of Atlanta and that these areas contribute to or cause unemployment, create an inordinate demand for public services, and, in general, have a deleterious effect on the public health, safety, welfare, and morals. It is further found that these areas are commonly characterized by no investment or underinvestment by private enterprise in ventures which produce housing units, jobs, trade, provision of services, and other economic activities which individually and together contribute to a healthy society. This lack of private investment, economic activity, and housing activity contributes materially to social and economic depression in such areas. Therefore, it is in the public interest that incentives be provided to private enterprise to invest in such areas by developing housing units, creating jobs and trade, providing services, and by other economic activities. It is the purpose of this Act, therefore, to grant special powers of tax abatement to the City of Atlanta to provide such incentives. It is the intention of the General Assembly that this Act be liberally construed to carry out such purpose. Section 2. Said Act is further amended by inserting immediately following paragraph (5) of Section 3 a new paragraph, to be designated paragraph (5.1), to read as follows: (5.1) `Commercial and industrial purposes' means property is used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential use. Section 3. Said Act is further amended by inserting immediately following paragraph (11) of Section 3 a new paragraph, to be designated paragraph (11.1), to read as follows: (11.1) `Residential purposes' means a specific work or improvement to property is undertaken solely to provide single-family or multifamily dwelling accommodations for persons and families. Page 5348 Section 4. Said Act is further amended by adding at the end of Section 4 a new subsection, to be designated subsection (c) to read as follows: (c) Urban enterprise zones may be created for commercial and industrial purposes or for residential purposes. If the zone is for residential purposes, only real property or improvements thereon may be exempted, as provided in paragraph (2) of subsection (a) of this section and paragraph (5) of subsection (b) of Section 8. Section 5. Said Act is further amended by striking in its entirety Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. (a) A zone for commercial and industrial purposes may only be created in an area of the city composed of census tracts in each of which, according to the United States decennial census of 1980: (1) The percentage of family and nonfamily households in that census tract that were below the poverty level in 1979 was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole; or (2) The percentage of persons in that census tract who were in the labor force and did not work in 1979 was at least double the percentage of persons who were in the labor force and did not work in 1979, for Fulton County as a whole. (b) A zone for residential purposes may only be created in an area of the city composed of census tracts in each of which, according to the United States decennial census of 1980: (1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole; (2) The percentage of persons in that census tract who were in the labor force and did not work was at Page 5349 least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole; or (3) The total number of persons residing in each census tract was less than 1,000 persons. (c) (1) A zone for commercial and industrial purposes may not be less than 50 acres in size. (2) A zone for residential purposes may not be less than five acres in size. (d) A zone for residential purposes shall be further restricted to that geographic area of the city within the jurisdiction of the downtown development authority created under Chapter 42 of Title 36 of the O.C.G.A. (e) A zone may extend into a census tract which does not comply with the requirements of subsection (a) or (b) of this section if at least 75 percent of the expanded zone would comply with the requirements of subsection (a) or (b) of this section. Section 6. Said Act is further amended by striking in its entirety Section 6 and inserting in its place a new Section 6 to read as follows: Section 6. (a) The city council may exempt the taxable value of property within a zone only from ad valorem taxation for city purposes. The board of commissioners, by appropriate resolution, may exempt from ad valorem taxation for county purposes under this Act the taxable value of only that same property exempted from ad valorem taxation for city purposes. (b) A copy of the ordinance or resolution creating, abolishing, or decreasing in size a zone for commercial and industrial purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County and to the Department of Community Affairs within 30 days after its passage. (c) A copy of the ordinance or resolution creating a zone for residential purposes or creating exemptions in such zone Page 5350 shall be transmitted to the tax commissioner of Fulton County and to the Department of Community Affairs within 30 days after its passage. Section 7. Said Act is further amended by striking the introductory language of subsection (a) of Section 7 and inserting in its place new introductory language of subsection (a) to read as follows: (a) Exemptions for ad valorem taxation of inventories within a zone created for commercial and industrial purposes under this Act may be granted for all or any combination of the following types of property:. Section 8. Said Act is further amended by striking in its entirety Section 8 and inserting in its place a new Section 8 to read as follows: Section 8. (a) For zones created for commercial and industrial purposes: (1) Real property in a zone which is exempt from ad valorem taxation under this Act shall be exempt for 100 percent of taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of taxable value for the next five years, 60 percent of taxable value for the next five years, 40 percent of taxable value for the next five years, and 20 percent of taxable value for the last five years; (2) Inventories in a zone which are exempt from ad valorem taxation under this Act shall be exempt from 100 percent of taxable value for 25 years after the creation of that zone; (3) A zone shall exist for 25 years after the effective date of its creation and at the end of that period the zone and all exemptions established therein pursuant to this Act shall be abolished; (4) Except as provided in paragraph (3) of this subsection, a zone may only be abolished or decreased in size by appropriate ordinance of the city council, approved by a majority of the registered voters of the city Page 5351 voting in a special election which shall be required to be called for such purpose. No such special election to approve the abolition or decrease in size of a zone may be called within five years from the effective date of the creation of that zone. If the results of the election are in favor of the abolition or decrease in size of that zone, it shall be abolished or decreased, respectively, at the end of the fifth year following that special election; and (5) The amount of the exemption for property in a zone may not be changed and the type of property subject to an exemption in a zone may not be decreased by the city council or board of commissioners after the passage of the respective city ordinance or county resolution creating that exemption under this Act, unless the zone and all exemptions on property therein are abolished as provided in this subsection. (b) For zones created for residential purposes: (1) Real property in a zone which is exempt from ad valorem taxation under this Act shall be exempt for 100 percent of taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of taxable value for the next two years, 60 percent of taxable value for the next year, 40 percent of taxable value for the next year, and 20 percent of taxable value for the last year; (2) A zone shall exist for ten years after the effective date of its creation and at the end of that period the zone and all exemptions established therein pursuant to this Act shall be abolished; (3) A zone for residential purposes shall not be abolished or reduced in size nor shall the amounts of exemptions from ad valorem taxation be altered by action of the city council or board of commissioners after adoption of a resolution or ordinance creating the zone; (4) Notwithstanding paragraph (3) of this subsection, subsequent to the creation of a zone, should the use of property therein be converted to a use other than completely for residential purposes, any exemption from Page 5352 ad valorem taxation under this Act shall cease as of the date the use of the property was converted; and (5) Any tax exemptions granted under this Act shall be restricted to residential purpose property improvements made after the effective date of the creation of the zone unless the value of the improvements to property exceed the value of the property by a factor of eight or more, in which case the full value of the property shall be eligible for the exemptions granted under this Act. In cases where local zoning allows for mixed use development on property included in a zone for residential purposes, the creation of the zone for residential purposes is not intended to discourage or prohibit development of other locally permissive or permitted uses. However, nonresidential uses of property will not be exempted from ad valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act. Section 9. Said Act is further amended by striking in its entirety paragraph (4) of Section 12 and inserting in its place a new paragraph (4) to read as follows: (4) (A) For zones created for commercial and industrial purposes, the current number of jobs and types of jobs in each zone as compared to the number and types of jobs upon the effective date of the creation of that zone; or (B) For zones created for residential purposes, the current number of housing units and types of housing units in each zone as compared to the number and types of housing units upon the effective date of the creation of that zone. Section 10. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICES NOTICE TO INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 5353 1986 session of the General Assembly of Georgia a bill to amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), so as to provide for urban housing as a purpose of an urban enterprise zone; to provide for matters relative thereto; and for other purposes. This 13th day of February, 1986. W. M. ALEXANDER Legislative Coordinator City of Atlanta Feb 14, 1986Req-2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Bolster, who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 14, 1986. /s/ Paul Bolster Representative, 30th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5354 GWINNETT COUNTY BOARD OF EDUCATION; COMPENSATION. No. 1323 (House Bill No. 1857). AN ACT To amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4322), so as to change the method of compensating the board; to change the amount of compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4322), is amended by striking Section 2 thereof, which reads as follows: Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $150.00 per month, plus an expense allowance of $150.00 per month for expenses incurred in the performance of the member's duties within the county, plus reimbursement for actual and necessary expenses incurred in the performance of the member's duties outside the county., and inserting in its place a new Section 2 to read as follows: Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $450.00 per month. Page 5355 Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4322), so as to change the compensation of the board and provide for expense allowances; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5294 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Page 5356 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. STATE COURT OF GWINNETT COUNTY JUDGES; SOLICITOR; COMPENSATION. No. 1324 (House Bill No. 1858). AN ACT To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compensation of the judges of the state court; to change the compensation of the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking in its entirety subsection (c) of Section 13, which reads as follows: (c) Each of the judges shall be paid a salary of $48,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court., Page 5357 and inserting in its place a new subsection (c) to read as follows: (c) Each of the judges shall be paid an annual salary equal to the sum of 85 percent of the annual salary of a judge of superior court, as paid by the state, plus 85 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to a judge of the superior court. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court. Section 2 . Said Act is further amended by striking in its entirety subsection (c) of Section 14, which reads as follows: (c) The solicitor shall be paid an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. The salary of the solicitor shall be an expense of the court. Said salary shall be increased by 3 percent on January 1, 1982, and by an additional 3 percent of the previous year's salary on January 1 of each year thereafter., and inserting in its place a new subsection (c) to read as follows: (c) The solicitor shall be paid an annual salary equal to the sum of 85 percent of the annual salary of a district attorney, as paid by the state, plus 85 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to the district attorney of the Gwinnett Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of the county. The salary of the solicitor shall be an expense of the court. Section 3 . This Act shall become effective on January 1, 1987. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Page 5358 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compensation of the Judges of State Court and the Solicitor and for other purposes. This 16th day of January, 1986. Honorable Donn M. Peevy Senator 48th District Jan. 17-1tc G 4960 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 17, 1986. /s/ O.M. Barnett Representative, 59th District Sworn to and subscribed before me, this 6th day of March, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5359 GWINNETT COUNTY ORDINANCES; SPEED LIMITS; BRIDGES; TRUCK ROUTES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1325 (House Bill No. 1864). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 175 (House Resolution No. 682-2024) of the 1974 General Assembly (Ga. L. 1974, p. 1803) and which was duly ratified at the 1974 general election and which relates to empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordinances protecting the health, welfare, and safety of the citizens; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 175 (House Resolution No. 682-2024) of the 1974 General Assembly (Ga. L. 1974, p. 1803) and which was duly ratified at the 1974 general election and which relates to empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordinances protecting the health, welfare, and safety of the citizens shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5360 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 175 (House Resolution No. 682-2024) of the 1974 General Assembly (Ga. L. 1974, p. 1803) and which was duly ratified at the 1974 general election and which relates to empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordinances protecting the health, welfare, and safety of the citizens; to provide the authority for this Act; and for other purposes. This 7TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS PO #1118 Feb. 12-1tc G 5289 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O.M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 12, 1986. /s/ O.M. Barnett Representative, 59th District Page 5361 Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. BARTOW COUNTY HOMESTEAD EXEMPTION FROM SCHOOL DISTRICT TAXATION FOR CERTAIN RESIDENTS WHO ARE 62 OR OVER; REFERENDUM. No. 1355 (House Bill No. 2054). AN ACT To provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for applicability; to repeal that constitutional amendment which provides that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence (Resolution Act No. 251); House Resolution No. 758-1796; Ga. L. 1980, p. 2288) and which was continued in effect Page 5362 as statutory law by Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia of 1983; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The homestead of each resident of the Bartow County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $18,000.00 per annum, shall be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Bartow County giving his or her age, the amount of income which such owner received for the immediately preceding calendar year, the income which the members of the owner's family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1986. Page 5363 Section 2. If this Act is approved in the referendum provided for in Section 3 of this Act, that constitutional amendment which provides that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence (Resolution Act No. 251; House Resolution No. 758-1796; Ga. L. 1980, p. 2288) and which was continued in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia of 1983 is repealed effective at the last moment of December 31, 1986. Section 3. The election superintendent of Bartow County shall hold and conduct an election on August 12, 1986, for the purpose of submitting this Act to the electors of the Bartow County School District for approval or rejection. The election superintendent shall issue the call for such election not less than 30 nor more than 60 days prior to the date of such election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which (1) provides that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence and (2) which repeals that constitutional amendment which provides that each resident of the Bartow County School Page 5364 District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence (Resolution Act No. 251; House Resolution No. 758-1796; Ga. L. 1980, p. 2288)? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Bartow County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide an exemption for all Bartow County School District taxes on the full value of the homesteads of certain residents of the Bartow County School District who are 62 years of age or over; to provide for the terms and conditions of such exemption and the practices and procedures relating thereto; to repeal an existing exemption; to provide for a referendum; and for other purposes. This 7th day of January, 1986. /s/ Boyd Pettit D1/13,14,15,16,17 #2449 Page 5365 GEORGIA FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following date: January 16, 1986. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 26th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. BANKS COUNTY BUSINESS LICENSES AND TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1356 (House Bill No. 2056). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County (Res. Act No. 40; H.R. No. 239-848; Ga. L. 1979, p. 1843), duly ratified and proclaimed by the Governor to be a part of the Constitution; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 5366 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County (Res. Act No. 40; H.R. No. 239-848; Ga. L. 1979, p. 1843), duly ratified and proclaimed by the Governor to be a part of the Constitution, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill continuing in force and effect as a part of the Constitution of this state that constitutional amendment authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County (Res. Act No. 40; H.R. No. 239-848; Ga. L. 1979, p. 1843), duly ratified and proclaimed by the Governor to be a part of the Constitution; and for other purposes. This 5th day of February, 1986. Hon. Lauren McDonald Jr. Representative 12th District (DcF12) Page 5367 STATE OF GEORGIA. COUNTY OF BANKS. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Charles L. Hardy, Jr., who states on oath that he is Publisher of The Banks County Journal and that a notice of intention to introduce local legislation (copy of which is hereto attached) was published in the Wednesday, February 12, issue of The Banks County Journal. /s/ Charles L. Hardy Jr. Sworn to and subscribed before me, this 24th day of February 1986. /s/ Wilda Harvil Wilda Harvil, NP Jackson Co., Ga. My Commission Expires Feb. 23, 1987. (SEAL). Approved March 28, 1986. FRANKLIN-HEARD COUNTY WATER AUTHORITY SEWAGE COLLECTION, TREATMENT, AND DISPOSAL PROJECTS; LIMITATIONS ON BONDS AND INTEREST RATES. No. 1357 (House Bill No. 1467). AN ACT To amend an Act creating the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), so as to authorize the authority to acquire, construct, operate, and maintain self-liquidating projects embracing the collection, treatment, and disposal of sewage and any related facilities; to remove the limitation on bonded indebtedness; to remove the limitation on the interest rate of such bonds; to repeal conflicting laws; and for other purposes. Page 5368 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), is amended by adding at the end of paragraph (3) of Section 3, relating to definitions, the following: The word `project' shall also mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, and disposal of sewage and waste, together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, truck connecting and other sewers and water mains, filtration works, pumping stations, and equipment. Section 2. Said Act is further amended by striking Section 5, relating to revenue bonds, and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have the power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as permitted by resolution of the authority, and shall mature at such time or times not exceeding 40 years from their date or dates or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia. The bonds shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices Page 5369 and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 3. Said Act is further amended by striking Section 9, relating to the sale of revenue bonds, and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. Section 4. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an Act of the General Assembly of Georgia creating the Franklin-Heard County Water Authority, approved March 21, 1984, to authorize the Authority to own and operate sewer facilities; to eliminate the ceiling on the issuance of negotiable revenue bonds and the interest payable thereon; and for other purposes. This 13th day of January, 1986. Crawford Ware Representative, 77th District GEORGIA, FULTON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware, who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County, on the following date: January 15, 1986. /s/ J. Crawford Ware Representative, 77th District Page 5370 Sworn to and subscribed before me, this 25th day of January, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988. (SEAL). Approved March 28, 1986. FULTON COUNTY COUNTY-WIDE LIBRARY SYSTEM; TITLE TO REAL PROPERTY; SPECIAL DISTRICT; TAXATION. No. 1358 (House Bill No. 1493). AN ACT To amend an Act providing for the establishment of a countywide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 4228), an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4327), so as to change a provision relating to the title to certain real property reverting to certain municipalities; to change the provisions relating to the special district for library services within that portion of the City of Atlanta lying within DeKalb County; to change the provisions relating to the ad valorem tax within such special district; to provide that any funds available to the county-wide system may be used to provide library services within that portion of the City of Atlanta lying within DeKalb County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the establishment of a county-wide library system in Fulton County, approved April Page 5371 12, 1982 (Ga. L. 1982, p. 4174), as amended by an Act approved March 18, 1983 (Ga. L. 1983, p. 4228), an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4327), is amended by striking the last sentence of subsection (d) of Section 1, which reads as follows: In the event the county-wide library system shall fail to use, by July 1, 1984, or shall discontinue to use, any real property transferred pursuant to this section for a library facility or service, legal title to said real property will automatically revert to the transferring municipality., and inserting in lieu thereof the following: In the event the county-wide library system shall discontinue to use any real property transferred pursuant to this section for a library facility or service, the property shall be disposed of by Fulton County after a public hearing, and the proceeds of such disposal shall be used for the countywide library system. Section 2. Said Act is further amended by striking subsection (h) of Section 1 in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) (1) Notwithstanding any other provisions of this Act, pursuant to a contract with Fulton County for the provision by the county-wide library system of public library services and facilities within that portion of the City of Atlanta lying within DeKalb County, the City of Atlanta may create within that portion of the City of Atlanta lying within DeKalb County a special district for the provision of library services and levy and collect within such special district fees, assessments, and taxes to pay any portion of the cost of such services. (2) Any annual ad valorem tax millage rate levied for library services by the City of Atlanta within the special district authorized by paragraph (1) of this subsection shall be equal to the annual ad valorem tax millage rate levied by Fulton County to support the county-wide library system. Such millage rate shall be calculated as follows: Page 5372 (A) Determine the portion of the total annual cost of the county-wide library system which is supported by Fulton County ad valorem taxes by subtracting from such total annual cost the total amount of funds supporting the county-wide library system which are derived from sources other than Fulton County ad valorem taxes, including fines and fees for overdue, lost, and damaged books, nonresident membership fees, service charges paid by municipalities utilizing the Fulton County library system, State of Georgia grants, federal grants, or both, dedicated for library operations, funds available from the sale of library property initially owned by the City of Atlanta, and any other sources directly associated with Fulton County's operation of the library system, as shown by the annual Fulton County budget; (B) Add the current total net tax digest of Fulton County to that portion of the current total net tax digest of the City of Atlanta derived from taxable property located in DeKalb County; (C) Determine an amount resulting from multiplying the amount determined under subparagraph (B) of this paragraph by a factor derived by dividing the total ad valorem taxes collected by Fulton County for the immediately preceding calendar year by the total ad valorem taxes billed by Fulton County for the immediately preceding calendar year; (D) Divide the amount determined under subparagraph (A) of this paragraph by the amount determined under subparagraph (C) of this paragraph; and (E) Multiply the amount determined under subparagraph (D) of this paragraph by 1,000 to produce the Fulton County ad valorem tax millage rate for the county-wide library system. (3) In addition to funds derived from fees, assessments, and taxes within such special district, the board of trustees of the county-wide library system may use any funds available to such board to provide library services within that portion of the City of Atlanta lying within DeKalb County. The levy of an ad valorem tax Page 5373 by the city within the special district authorized by this subsection shall not constitute a violation of the contract provided for in subsection (g) of this section. Section 3. Said Act is further amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Responsibility for constructing, operating, and maintaining all library facilities and services within unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be vested in the county-wide library system which shall be administered by the library board of trustees. The composition of the library board of trustees shall be as hereinafter provided in this section. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is specifically provided that this Act shall be effective for calendar year 1986 and thereafter for the purpose of the City of Atlanta setting the ad valorem tax millage rate for the special district for library services as provided in quoted subsection (h) of Section 2 of this Act. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act; to provide for the establishment of a countywide library system in Fulton County, approved April 13, 1962 (Ga. L. 1962, p. 4174), as amended; and for other purposes. The 16th day of January, 1986. PAUL BOLSTER Jan. 17 1986Req-4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 5374 duly authorized to administer oaths, Paul Bolster, who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 17, 1986. /s/ Paul Bolster Representative, 30th District Sworn to and subscribed before me, this 24th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. WARE COUNTY BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; OFFICERS; COMPENSATION. No. 1359 (House Bill No. 2062). AN ACT To amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide for the governing authority of Ware County; to provide for the powers, duties, responsibilities, and authorities of the board of commissioners of Ware County; to provide for the election of members of the board of commissioners; to provide for commissioner districts; to provide for current Page 5375 members of the board of commissioners; to provide for a chairman and for his powers and duties; to provide for a vice-chairman and for his selection and powers and duties; to provide for meetings; to provide for vacancies; to provide for bonds and an oath of office; to provide for qualifications; to provide for compensation; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, is amended by striking Sections 1 through 9 and inserting in lieu thereof new Sections 1 through 9 to read as follows: Section 1. (a) The governing authority of Ware County shall consist of a board of commissioners, one of whom shall be the chairman, and all of whom shall be elected as provided in this Act. (b) The board of commissioners shall exercise all the duties, powers, responsibilities, and authorities vested in and imposed upon said commissioners by the Constitution and laws of the State of Georgia. (c) Each commissioner shall represent and shall be elected by a majority of the qualified electors voting within his respective commissioner district. Each commissioner shall be elected for a term of office of four years and until his successor is elected and qualified and shall be elected at the general election immediately preceding the expiration of the term of office of the commissioner representing the commissioner district from which he seeks election. Each commissioner shall take office on the January 1 immediately following his election. Section 2. For the purpose of electing commissioners to the board of commissioners of Ware County, Ware County shall be divided into five commissioner districts described as follows: Page 5376 Commissioner District 1 Ware That part of Tract 9901 within the corporate limits of Waycross Tract 9902 Block Groups 1 and 2 Blocks 301 through 306 Blocks 403 through 405, 414 through 417, 419 through 423, 428 through 430, 432, and 433 Tract 9903 That part of Blocks 210 and 211 within the corporate limits of Waycross Blocks 414 through 421, 428 through 435, 441, 442, and 446 Blocks 501 through 545 That part of Block 599 within the corporate limits of Waycross Block Group 6 Blocks 701 through 707, 712, 714 through 723, and 741 through 744 Tract 9905 Block Group 1 Blocks 204 through 222 and 224 Blocks 505 through 532 Commissioner District 2 Ware Tract 9902 Block 307 That part of Block 308 within the corporate limits of Waycross Blocks 309 through 342 Blocks 401, 402, and 406 That part of Block 407 within the corporate limits of Waycross Blocks 408 through 413, 418, 424, and 425 That part of Block 426 within the corporate limits of Waycross Blocks 427, 431, and 434 through 448 That part of Block 507 within the corporate limits of Waycross Page 5377 Tract 9903 Block Group 3 Blocks 401, 403 through 413, 422 through 427, 436 through 440, and 443 through 445 Blocks 708 through 711, 713, and 724 through 740 That part of Tract 9904 within the corporate limits of Waycross Tract 9905 That part of Block 201 within the corporate limits of Waycross Block 202 That part of Blocks 223, 225, and 226 within the corporate limits of Waycross Blocks 227 through 259 That part of Block 301 within the corporate limits of Waycross Blocks 302 through 316 That part of Block 317 within the corporate limits of Waycross Blocks 318 and 319 That part of Blocks 320 and 321 within the corporate limits of Waycross Block 325 Blocks 401 through 433 That part of Blocks 434 and 435 within the corporate limits of Waycross Blocks 436 through 438 That part of Block 440 within the corporate limits of Waycross Blocks 501 through 504 and 533 through 540 Commissioner District 3 Ware Tract 9901 Blocks 201 through 270 That part of Block 271 outside the corporate limits of Waycross Blocks 272 through 283 Blocks 419 through 430 Blocks 537 through 540 That part of Block 601 outside the corporate limits of Waycross Page 5378 Tract 9902 That part of Block 308 outside the corporate limits of Waycross Those parts of Blocks 407 and 426 outside the corporate limits of Waycross That part of Block 455 which lies north of the Seaboard Coastline Railroad Blocks 501 through 506 That part of Block 507 outside the corporate limits of Waycross Blocks 508 through 524 Blocks 601 through 605 Block Group 8 Tract 9903 Block Group 1 Blocks 201 through 209 Those parts of Blocks 210 and 211 outside the corporate limits of Waycross Blocks 212 through 247, 298, and 299 That part of Block 599 outside the corporate limits of Waycross Commissioner District 4 Ware Tract 9901 Block Groups 1 and 3 Blocks 401 through 406 and 408 through 418 Blocks 501 through 536 and 541 through 564 Tract 9902 That part of Block 455 which lies south of the Seaboard Coastline Railroad Blocks 525 through 528 Blocks 606 through 612 Block Group 7 That part of Tract 9904 outside the corporate limits of Waycross That part of Tract 9905 outside the corporate limits of Waycross Commissioner District 5 All of Ware County. Page 5379 Section 3. (a) Members of the board of commissioners of Ware County who are in office on January 1, 1986, and who represent Post 2, Post 3, Post 4, and Post 5 shall continue to serve until the expiration of the terms of office to which they were elected and until their successors are elected and qualified. The commissioner representing Post 2 shall be deemed to represent Commissioner District 4, the commissioner representing Post 3 shall be deemed to represent Commissioner District 3, the commissioner representing Post 4 shall be deemed to represent Commissioner District 2, and the commissioner representing Post 5 shall be deemed to represent Commissioner District 1. Successors to such commissioners shall be elected from the commissioner districts as provided in Section 2 of this Act. (b) The member of the board of commissioners of Ware County who is in office on January 1, 1986, and who represents Post 1 and who is chairman of the county commission shall continue to serve as such until the expiration of the term of office to which he was elected and until his successor is elected and qualified. The commissioner representing Post 1 shall be deemed to represent Commissioner District 5. Successors to such commissioner shall be elected from Commissioner District 5 as provided in Section 2 of this Act. (c) (1) At the general election held in 1986 and at the general election held every four years thereafter, a commissioner shall be elected to represent Commissioner District 1 and a commissioner shall be elected to represent Commissioner District 3. The commissioners so elected shall take office on January 1 following their election and shall serve for terms of office of four years and until their successors are elected and qualified. (2) At the general election held in 1988 and at the general election held every four years thereafter, a commissioner shall be elected to represent Commissioner District 2, a commissioner shall be elected to represent Commissioner District 4, and a commissioner shall be elected to represent Commissioner District 5. The commissioners so elected shall take office on January 1 following their election and shall serve for terms of office of four years and until their successors are elected and qualified. Page 5380 Section 4. (a) The member of the board of commissioners elected from Commissioner District 5 shall be the chairman of the board of commissioners. It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as provided in this Act or such as may be delegated to him by the board of commissioners. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects, and to decide all questions of order; subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of the order. The chairman shall have the right to vote on all matters coming before the board and shall have the right to move or second the adoption of any resolution or other matter coming before the board. (b) (1) At the first regular meeting in January of each year the board of commissioners shall select a vice-chairman. In the event of the death, disqualification, or resignation of the chairman, the vice-chairman shall perform the duties of chairman until the selection of a new chairman by the board of commissioners. The vice-chairman shall preside at any meeting in the absence of the chairman. The term of the vice-chairman shall be one year; provided, however, a vice-chairman may be reelected by the board of commissioners. (2) In the event of a vacancy in the office of vice-chairman the board of commissioners of Ware County shall elect a successor to fill such vacancy. Section 5. (a) The board of commissioners of Ware County shall meet at least monthly at such office or offices as may be designated by them at the Ware County Courthouse at Waycross, Georgia, for the transactions of all matters which by law come under the jurisdiction of said board. (b) At all meetings all commissioners shall be required to vote on any issue, unless a commissioner shall have a conflict of interest, and each commissioner's vote shall be Page 5381 recorded on the county minutes. In the event that a commissioner abstains from voting by reason of a conflict, he shall state the conflict, which will be recorded in the minutes. Section 6. Any vacancy which occurs in the office of chairman or on the board of commissioners established by this Act and which has an unexpired term exceeding 180 days shall be filled for the unexpired term in the same manner as prescribed in the case of vacancy in the office of the clerk of the superior court. Any vacancy which occurs in the office of chairman or on the board of commissioners established by this Act and which has an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on said board must be eligible to be elected to said vacant position. Section 7. Before entering the duties of the office of chairman or commissioner, the chairman and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in this state. Said bond shall be approved by the judge of the Probate Court of Ware County and shall be filed in the office of the probate court and shall be payable to the Governor of this state and his successor in office for the use of Ware County. Such bond shall be conditioned upon the faithful performance of the duties of the office of chairman or commissioner. The cost of said bond shall be paid from the general funds of Ware County. Section 8. (a) In order to be eligible to serve as a member of the board of commissioners of Ware County, a person must have been a bona fide resident and citizen of Ware County for two years immediately preceding the date of his election, must be qualified and registered to vote in Ware County for members of the General Assembly of Georgia, and must be a resident of the commissioner district of which he is elected. A commissioner must remain a resident of the respective district during the term in which he is elected, and the removal by a commissioner of his residence from the commissioner district shall vacate the office. Page 5382 (b) In order to be eligible to serve as chairman of the board of commissioners of Ware County, a person must have been a bona fide resident and citizen of Ware County for two years immediately preceding the date of his election and must be qualified and registered to vote in Ware County for members of the General Assembly. The chairman must remain a resident of Ware County during the term for which he is elected, and the removal by the chairman of his residence from the county shall vacate the office. Section 9. The chairman of the board of commissioners shall be compensated in the sum of $6,000.00 per year. The other commissioners shall be compensated in the sum of $4,800.00 per year. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended; and for other purposes. This 13th day of February, 1986. Harry Dixon 2-15-1Sat GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 15, 1986. /s/ Harry D. Dixon Representative, 151st District Page 5383 Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. TOWN OF ALTO MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 1360 (House Bill No. 2063). AN ACT To amend an Act incorporating the Town of Alto, approved December 16, 1895 (Ga. L. 1895 (Ga. L. 1895, p. 121), as amended, so as to provide for staggered two-year terms for the mayor and council members; to provide for elections from posts by majority vote; to provide for implementation; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the Town of Alto, approved December 16, 1895 (Ga. L. 1895, p. 121), as amended, is amended by striking in its entirety Section IV which reads as follows: Sec. IV. Be it further enacted, That on the second Tuesday in December, 1896, and annually thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and five councilmen, who shall hold their offices for one year and until their successors are Page 5384 elected and qualified. But no one shall vote for or be eligible to the office of mayor or councilman of said town who is not a resident of said town and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected., and inserting in its place a new Section 4 to read as follows: Section 4. (a) The governing authority for the Town of Alto shall be a mayor and five council members. For purposes of election, the council shall be assigned to posts, to be known as Posts 1 through 5. The initial holders of such posts shall be as follows: Post 1 - James Wade Post 2 - Walter Campbell Post 3 - David Lewis Post 4 - Veacher Shubert Post 5 - Carolyn Hewell Campbell (b) The mayor and council members shall be elected by the qualified voters of the town. A majority of the votes cast for a position shall be necessary for election. At the election in 1986, the persons elected to Posts 1, 3, and 5 shall be elected for a term of two years and until successors are elected and qualified. Persons elected to Posts 2 and 4 and the person elected as mayor shall be elected for a term of one year and until successors are elected and qualified. Beginning with the election in 1987 and thereafter, the mayor and council members whose terms are expiring shall be elected for terms of two years and until successors are elected and qualified. (c) Elections shall be conducted annually on the second Tuesday in December. (d) No person shall be eligible for the office of mayor or council member unless the person is a resident of Alto Page 5385 and is qualified to vote for members of the General Assembly. At the time of qualifying as a candidate, a person must declare the position such person is seeking and may only qualify for one such position. (e) The town elections shall be conducted by the election superintendent in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' The certified return of the election superintendent shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO SEEK LOCAL LEGISLATION Notice is given that there will be introduced at the regualr 1986 Session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Alto, approved December 16, 1895 (Georgia Laws, 1895, page 121), as amended, so as to provide for the election and terms of office of mayor and the council; and for other purposes. This 11th day of February, 1986. 1c-2-13 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: February 13, 1986. /s/ William J. Dover Representative, 11th District Page 5386 Sworn to and subscribed before me, this 27th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF BUFORD CORPORATE LIMITS. No. 1361 (House Bill No. 2064). AN ACT To amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, so as to redefine and zone the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The corporate limits of the City of Buford, Gwinnett County, Georgia, shall extend to and embrace all the territory within the limits described as follows: ALL THOSE TRACTS OR PARCELS OF LAND lying and being in Land Lots 186, 187, 188, 217, 218, 219, 220, Page 5387 225, 226, 227, 228, 229, 230, 258, 259, 260, 261, 262, 263, 265, 266, 267, 268, 269, 270, 271, 293, 294, 295, 296, 297, 298, 300, 301, 302, 303, 304, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 349, 350, 351, 352, 353, 363 and 364 of the 7th District of Gwinnett County; and Land Lots 159, 160, 168, 169 and 170 of the 8th District of Hall County and Land Lots 298, 299, 300, 328 and 329 of the 7th District of Hall County, and being more particularly described as follows: BEGINNING at the intersection of the northeasterly right of way of Shadburn Ferry Road with the southeasterly right of way of Buford Dam Road; thence northeasterly and easterly along the southerly right of way of Buford Dam Road, 1320 feet, more or less, to a point; proceeding thence along the current Buford City Limit line; thence southeasterly 600 feet, more or less, to the northwesterly corner of Mrs. Irene Poss tract, thence southwesterly along said Poss tract, 555 feet, more or less, to a point, thence North 39 degrees 16 minutes West, 604.8 feet to a point, and thence South 63 degrees 44 minutes West, 487.3 feet to a point on the northeasterly right of way of White Road (also known as Old School House Road); thence continuing in a southeasterly direction across White Road to an iron pin located on the southwesterly right of way of said road (said pin being located approximately 379.2 feet northwesterly from the intersection of White Road with Shadburn Ferry Road); thence South 51 degrees 36 minutes West, 255.2 feet to an iron pin located on the northwesterly right of way of Shadburn Ferry Road; running thence along said right of way of Shadburn Ferry Road, South 64 degrees 37 minutes East, 197.4 feet (arc 197.8 feet), and South 71 degrees 03 minutes East, 237.5 feet to an iron pin at the intersection of Shadburn Ferry and White Roads; continuing in a southeasterly direction across White Road and along the northwesterly right of way of Shadburn Ferry Road, following the curvature thereof, 363 feet, more or less, to a point; thence easterly 320 feet to a point on the current Buford City Limit line; thence South 65 degrees 57 minutes East along the City Limit line, 305 feet to a point on the centerline of a branch; thence in a southwesterly direction down the centerline Page 5388 and following the meanderings of said branch, 705 feet, more or less, to a point on the easterly right of way of Shadburn Ferry Road; thence South 00 degrees 49 minutes East, 103.5 feet along said easterly right of way to an iron pin; continuing thence in a southeasterly direction along said right of way, 350 feet to a point; thence northeasterly along the current City Limit line, 425 feet to a point; thence southwesterly along said City Limit line, 300 feet to a point; thence southwesterly along said Line and continuing thence across Shadburn Ferry Road, 475 feet, more or less, to a point on the southwesterly right of way of said road; thence North 26 degrees 20 minutes West, 300 feet, more or less, to an iron pin (said pin being located 324 feet northwesterly along said right of way from its intersection with the northwesterly right of way of Shadburn Ferry Drive); thence South 38 degrees West, 69 feet to a point; thence South 75 degrees West, 52 feet to a point; thence North 68 degrees 50 minutes West, 80 feet to a point; thence North 82 degrees 10 minutes West, 252 feet to a point; thence North 88 degrees West, 163 feet to a hickory; thence North 6 degrees West, 135 feet to a point on the centerline of a branch; thence South 67 degrees 40 minutes West, 170 feet along the centerline of said branch; continuing South 31 degrees 10 minutes West, 207 feet to an iron pin; thence South 70 degrees 10 minutes East, 615 feet to an iron pin; thence North 87 degrees 45 minutes East, 446 feet to an iron pin on the southwesterly right of way of Shadburn Ferry Road; continuing thence across Shadburn Ferry Road and along the southeasterly right of way of Shadburn Ferry Drive as it widens to a 60-foot right of way (being the current Buford City Limits line), 705 feet, more or less, to a point; thence southeasterly along the City Limits line, 72 feet to a point; thence following the City Limits line in a more easterly direction, 141 feet to a point; thence southeasterly 128 feet, more or less, to a point on the land lot line common to Land Lots 301 and 327; thence southwesterly along said land lot line 590 feet, more or less, to the corner common to Land Lots 301, 302, 326 and 327; thence North 30 degrees 13 minutes West along the land lot line common to Land Lots 326 and 327, 125 feet to a point; thence South 59 degrees West, 228 feet to a point on the northeasterly Page 5389 right of way of Shadburn Ferry Road; thence South 30 degrees 13 minutes East along said right of way, 125 feet to a point on the land lot line common to Land Lots 302 and 326; thence South 59 degrees West, 60 feet to a point on the southwesterly right of way of Shadburn Ferry Road; thence North 30 degrees 13 minutes West along said right of way, 246.5 feet to a point; thence South 58 degrees 09 minutes West, 60 feet to an iron pin; thence South 66 degrees 14 minutes East, 688.6 feet to an iron pin; thence South 60 degrees 15 minutes East, 300 feet to an iron pin located on the land lot line common to Land Lots 302 and 326; thence southwesterly 400 feet, more or less, to a point on the centerline of a creek; thence northwesterly, southwesterly, and northwesterly following the centerline of a creek and the current Buford City Limits line, 1030 feet, more or less, to a point where said branch turns northerly, parting from the City Limits line; running thence South 64 degrees East, 6 feet to an iron pin at a poplar tree; continuing South 64 degrees East along the northerly line of Quillian Tuggle property, 149.4 feet to an iron pin; thence North 49 degrees 55 minutes East, 90.7 feet to an iron pin; thence North 64 degrees 30 minutes East, 89.8 feet to an iron pin; thence North 86 degrees 59 minutes East, 86.6 feet to an iron pin; thence South 81 degrees 30 minutes East, 146 feet to an iron pin located on the southwesterly right of way of George's Drive; thence northeasterly 20 feet, more or less, along said right of way to an iron pin (said iron pin being located 20 feet from a point in the centerline of said road 755 feet from its intersection with the right of way of Shadburn Ferry Road); thence North 81 degrees 30 minutes West, 158 feet to an iron pin; thence North 45 degrees 36 minutes West, 272.3 feet to an iron pin; continuing thence 10 feet to the centerline of a branch; thence southwesterly along the centerline of said branch and following the meanderings thereof to an iron pin at a poplar tree (the traverse of said branch being South 35 degrees 56 minutes West, 303.7 feet); thence westerly along the centerline of said branch to its intersection with the current Buford City Limit line; following said City Limit line northwesterly 400 feet, more or less to a point, continuing along said line in a more westerly direction 300 feet, more or less, to a point, continuing Page 5390 along said line in a northerly direction 110 feet, more or less, to a point on the northerly side of a dirt road; running thence North 57 degrees 21 minutes West along said right of way and with the City Limits line 200 feet, more or less, to an iron pin located 110.6 feet along said road from the right of way of Shoals Creek Road; thence North 82 degrees 24 minutes East, 263 feet to an iron pin; thence North 18 degrees 50 minutes West, 417 feet to an iron pin on the southeasterly right of way of Shoals Creek Road; thence southwesterly along said right of way, 430.3 feet to an iron pin located at the intersection of the aforementioned dirt road and the right of way of Shoals Creek Road; thence westerly crossing Shoals Creek Road and running with the existing City Limits line to a point at which said line turns sharply north; thence running with said City Limits line as follows: northwesterly 637 feet, more or less, thence in a northeasterly direction, 400 feet, more or less, to a point, thence northwesterly 300 feet, more or less, to a point, thence southwesterly 420 feet, more or less, to a point, thence in a more westerly direction 840 feet, more or less, to a point, thence northwesterly 80 feet, more or less, to a point; thence southwesterly 220 feet, more or less, to a point, and thence southeasterly 1100 feet, more or less, to a point on the southeasterly right of way of Shoals Creek Road, having crossed said road; running thence in a southwesterly direction along said southeasterly right of way, 690 feet, more or less, to a point; running thence southeasterly along the existing City Limits line and then in conjunction with the centerline of a branch, crossing the land lot line common to Land Lots 302 and 326 and continuing thence in a southerly direction to a point at the intersection of said branch and City Limits line with the land lot line common to Land Lots 302 and 303; thence northwesterly along said land lot line to the Land Lot corner common to Land Lots 302, 303, 325 and 326; thence northwesterly along the land lot line common to Land Lots 325 and 326, 210 feet to a point; thence running with the existing Buford City Limits lines as follows: southwesterly 210 feet, more or less, to a point, northwesterly 500 feet, more or less, to a point, southwesterly 400 feet, more or less, to a point, southeasterly 850 feet, more or less, to a point on the land lot Page 5391 line common to Land Lots 303 and 325, southwesterly along said Land Lot line, 1150 feet, more or less, to a point, and southerly 1055 feet, more or less, to a point on the northerly right of way of Peachtree Industrial Boulevard; running thence westerly and southwesterly along the westerly right of way of Peachtree Industrial Boulevard, following the curvature thereof to a point on the land lot line common to Land Lots 303 and 304; thence northwesterly along said land lot line, 170 feet, more or less, to a point on the centerline of Richland Creek; thence southwesterly along the centerline of said Creek following the meanderings thereof and crossing Little Mill Road, 200 feet to a point on the southeasterly right of way of Little Mill Road; thence northwesterly along said right of way 70 feet to a point at the intersection of Richland Creek Road and Little Mill Road; thence southwesterly and westerly along the easterly right of way of Richland Creek Road, 352 feet, more or less, to a point; thence southerly 29 feet to a point on the centerline of Richland Creek; thence easterly along the centerline of said Creek, 379 feet, more or less, to a point; thence southwesterly 848 feet to a point; thence southeasterly 965 feet to a point; thence South 59 degrees 09 minutes East, 1697 feet, more or less, to a point on the land lot line common to Land Lots 304 and 305; thence South 30 degrees 35 minutes East, 1731.1 feet to the corner common to Land Lots 292, 293, 304 and 305; thence North 59 degrees East along the land lot line common to Land Lots 293 and 304, 13,170 feet, more or less, to a point; thence southeasterly 380 feet to a point; thence easterly 575 feet to a point on the Georgia Power Company right of way; thence South 59 degrees West, 1630 feet, more or less, to a point on the land lot line common to Land Lots 292 and 293; thence southeasterly along said land lot line to the corner common to Land Lots 270, 271, 292 and 293; thence southeasterly along the land lot line common to Land Lots 270 and 271, 2380.71 feet to a point; thence South 39 degrees 19 minutes West, 233 feet to a point on the northeasterly right of way of Georgia Highway 20 Connector; thence southeasterly along said right of way, 1450 feet, more or less, to a point; thence crossing Georgia Highway 20 Connector South 39 degrees West, 200 feet, more or less, to an iron pin Page 5392 located on the southwesterly right of way of said Road; continuing thence South 59 degrees West, 107.7 feet to an iron pin; thence South 28 degrees 55 minutes East, 339 feet to an iron pin; thence South 28 degrees 55 minutes East, 232.4 feet to an iron pin located on the land lot line common to Land Lots 258 and 259; thence southeasterly along said Land Lot Line crossing Georgia Highway 13 (U.S. 23) to a point at the intersection of the southeasterly right of way of U.S. Highway 23 and the southwesterly right of way of Sudderth Road; thence southeasterly along said right of way of Sudderth Road, 230 feet to a point; thence southwesterly 630 feet to a point on the southeasterly right of way of U.S. Highway 23; thence crossing U.S. Highway 23 following the current Buford City Limits line, arriving at an axle located on the northwesterly right of way of said Highway, said axle being located 695 feet southwesterly of the intersection of said Highway and the land lot line common to Land Lots 258 and 259; thence North 28 degrees 14 minutes West, 1055.71 feet to an iron pin; thence South 60 degrees 54 minutes West, 1755.6 feet to an iron pin; thence South 29 degrees 7 minutes East, 465.76 feet to an iron pin; thence North 60 degrees 57 minutes East, 714.66 feet to an iron pin; continuing North 60 degrees 51 minutes East, 753.84 feet to an iron pin; thence South 28 degrees 26 minutes East, 700.62 feet to an iron pin located on the northwesterly right of way of U.S. Highway 23; thence southwesterly along said right of way, 350 feet, more or less, to a point where the current Buford City Limits line intersects with the Highway; thence in a westerly direction along the City Limits line (said line coinciding also in part with the southeasterly line of Frontier Forest Subdivision Addition No. 2), 1410 feet to a point on the centerline of a creek; thence southeasterly along the centerline of said creek, following the meanderings thereof, 550 feet to a point on the northwesterly right of way of U.S. Highway 23; thence northeasterly along said right of way, 1360 feet to a point; crossing said Highway thence along the southernmost City Limit line, arriving at a point on the southeasterly right of way of said Highway; running thence South 62 degrees 25 minutes East, 470 feet to a point; thence South 39 degrees 20 minutes West, 100 feet to a point; thence Page 5393 North 62 degrees 25 minutes West, 470 feet to a point on the southeasterly right of way of U.S. Highway 23; thence South 39 degrees 54 minutes West, 463.4 feet along said right of way to a point; thence South 58 degrees 46 minutes East, 665.8 feet to an iron pin; thence South 48 degrees 19 minutes 55 seconds West, 180.21 feet to an iron pin; thence South 40 degrees 26 minutes 55 seconds West crossing Hamner Circle, 190.69 feet to an iron pin on the southwesterly right of way of said road; thence northwesterly along said right of way to the northerly corner of Corbin tract at which point a branch intersects with said road; thence southerly along the centerline of said branch 200 feet, more or less, to an iron pin at the southwesterly corner of Corbin tract; thence southerly along the centerline of said branch 430 feet, more or less (the traverse being South 14 degrees 5 minutes West, 416.0 feet; thence southeasterly and southwesterly along the centerline of a second branch, and following the meanderings thereof and crossing the land lot line common to Land Lots 230 and 258, 1833 feet to a point where said branch intersects Suwanee Creek; thence westerly, southwesterly, southeasterly, southerly and southwesterly along the centerline of Suwanee Creek following the meanderings thereof 2,700 feet, more or less, to a point on the land lot line common to Land Lots 230 and 231; thence southeasterly along said land lot line and continuing along the land lot line common to Land Lots 216 and 217, 2242.8 feet to an iron pin; continuing southeasterly along said land lot line, 1592 feet to the corner common to Land Lots 188, 189, 216 and 217; continuing thence southeasterly along the land lot line common to Land Lots 189 and 188 to a point located on the easterly right of way of I-985; thence South 30 degrees 38 minutes West, 135.9 feet along the land lot line to an iron pin found; thence North 59 degrees 19 minutes East, 1170.9 feet to a point; thence North 59 degrees 16 minutes East, 617.9 feet to an iron pin found; thence North 59 degrees 24 minutes East, 1182.0 feet to an iron pin found; thence North 30 degrees 20 minutes West, 400 feet to an iron pin found; thence North 59 degrees 05 minutes East, 399.3 feet to a point on the easterly land lot line of Land Lot 188; thence South 30 degrees 21 minutes East along the common land lot line of Land Lots 188 and 187, 400 Page 5394 feet, more or less, to the centerline of Plunketts Road; thence easterly, southeasterly, northeasterly and northerly and following the curvature thereof, 2193.7 feet, more or less, along the centerline of Plunketts Road to a point on the northerly land lot line of Land Lot 187 (common to Land Lots 187 and 218); thence South 59 degrees 18 minutes West, 1833.7 feet along the common land lot line to an iron pin found at the corner of Land Lots 187, 188, 217 and 218; thence North 30 degrees 35 minutes West, 785 feet along the common land lot line of Land Lots 217 and 218 to a point on the southeasterly right of way of I-985; continuing thus across the right of way of I-985 to its intersection with said common Land Lot Line; thence northerly along the northwesterly right of way of I-985, 2787.0 feet, more or less, continuing along the northerly right of way of the entrance to I-985, North 15 degrees 18 minutes East, 723.4 feet; continuing thence North 09 degrees 47 minutes East, 330.9 feet to the intersection of Frontage Road No. 3 (also known as Horizon Parkway); thence South 86 degrees 16 minutes West, 36.3 feet to the easterly right of way of said Frontage Road; thence along the easterly right of way of Frontage Road South 28 degrees 08 minutes West, 870.3 feet; continuing thence South 35 degrees 58 minutes West, 992.4 feet to a point on the northerly side of Sudderth Road (abandoned); thence North 68 degrees 28 minutes West, 117.7 feet to the westerly right of way of Frontage Road; thence along the westerly right of way of said Frontage Road North 32 degrees 21 minutes East, 1352.7 feet; continuing thence North 20 degrees 38 minutes East, 743.7 feet to an iron pin set on the land lot line common to Land Lots 218 and 229; thence South 59 degrees 07 minutes West, 1548.1 feet along said land lot line to a point; thence North 30 degrees West, 2170 feet, more or less, to a point on the centerline of Suwanee Creek; thence along the meanderings of said Creek in a basically eastward direction, 1830 feet, more or less, to a point on the southerly right of way of Georgia Highway No. 20 Connector; thence southeasterly along the southwesterly right of way of Georgia Highway No. 20 Connector 210 feet, more or less, to a point; thence 175 feet, more or less, in a northeasterly direction, crossing the land lot line common to Land Lots 229 and 228 to a point on the southwesterly Page 5395 right of way of Georgia Highway No. 20; thence northerly along the southwesterly and westerly right-of-way of Georgia Highway 20 260 feet, more or less, to a point on the current Buford city limit line; thence northeasterly along said city limit line 640 feet to a point; continuing along the city limit line in a northerly direction along the easterly boundary of property now or formerly owned by W. T. Dodd 1150 feet to a point; continuing along the city limit line in a northwesterly direction along the property of Dodd 375 feet, more or less, to a point on the southwesterly right-of-way of Maddox (formerly known as Puckett) Road; thence southeasterly along the southwesterly right-of-way of Maddox Road and following the curvature thereof 650 feet, more or less, to a point; thence southwesterly along the northwesterly line of the property now or formerly owned by Paul and Montine Pruett 265 feet to a point; thence southeasterly along the southwest line of Pruett 70 feet to a point; thence northeasterly along the southeasterly line of Pruett 245 feet to a point on the southwesterly right-of-way of Maddox Road; continuing thence in a northeasterly direction across Maddox Road to a point on the northeasterly right-of-way of said road; thence southeasterly along said right-of-way 70 feet, more or less, to a point being the southwesterly corner of property owned now or formerly by William C. Little; thence northeasterly along Little's line 184 feet to a point; thence southeasterly along the common line of Little and Mildred Montgomery 84 feet to a point; thence in a more southerly direction 200 feet, more or less, to a point on the northerly right-of-way of Maddox Road; thence easterly and northeasterly along the northerly and northwesterly right-of-way of Maddox Road following the curvature thereof, 450 feet, more or less, to a point on the northwesterly right-of-way of said road; thence northwesterly 190 feet to a point; thence northeasterly 210 feet to a point; thence northwesterly 100 feet to a point; thence northeasterly 180 feet to an iron pin; thence North 75 degrees 10 minutes West 200 feet to an iron pin; continuing thence to the southwesterly right-of-way of an unnamed county road and following the curvature thereof southwesterly along said right-of-way to its intersection with Maddox Road; thence southeasterly across Maddox Road Page 5396 to the point where the southerly right-of-way of Maddox Road intersects with northwesterly right-of-way of I-985, also known as Atlanta-Gainesville Highway; thence southwesterly along the northwesterly right-of-way of I-985 continuing as I-985 widens to a point approximately 1000 feet from the intersection of I-985 with the northeasterly right-of-way of Ga. Highway No. 20 Connector; leaving the right-of-way of I-985, running thence southwesterly 920 feet to a point on the northeasterly right-of-way of Ga. Highway No. 20 Connector; thence southeasterly along said right-of-way 410.6 feet, more or less, to a point at the intersection of Ga. Highway No. 20 Connector and I-985; thence northeasterly along the southwesterly right-of-way of I-985 911 feet to a point on said right-of-way; thence crossing I-985 along the current Buford City Limits line, arriving at a point on the southeasterly right-of-way of I-985, 800 feet northwesterly from the intersection of I-985 with the northeasterly right-of-way of Ga. Highway No. 20 Connector; thence southeasterly along said I-985 right-of-way 800 feet to the aforementioned point of intersection; thence easterly along the northerly right-of-way of Ga. Highway No. 20 Connector 1350 feet, more or less, to the point where the right-of-way of said Connector narrows; thence South 29 degrees 15 minutes West, 170 feet across said Connector; thence northwesterly along the southerly right-of-way of said road, following the curvature thereof, 1152 feet to a construction monument; thence southwesterly along the northeasterly right-of-way of I-985 and its access ramp, following the curvature thereof, to the land lot line common to Land Lots 218 and 219; thence southeasterly along said land lot line 1616.4 feet to an iron pin on the northerly right-of-way of Sudderth Road; thence easterly and northeasterly along said northern right-of-way and following the curvature thereof 1100 feet, more or less, to a point on the southeasterly right-of-way of Ga. Highway No. 20; thence southeasterly along said southwesterly right-of-way crossing the land lot line common to Land Lots 186 and 219 and continuing to the intersection of the centerline of a county road with said southwestern right-of-way of Ga. Highway 20, which point lies approximately 680 feet southeasterly along the centerline of said county road from its intersection with Page 5397 the land lot line common to Land Lots 186 and 219; thence northwesterly along the centerline of said county road 50 feet, more or less, to the current Buford City Limits line; thence southwesterly to a point on the southwesterly right-of-way of said county road, being the northwesterly corner of property now or formerly owned by Anitox Corp.; continuing thence in a southwesterly direction along the northwesterly side of said Anitox tract 1170 feet, more or less, to a point on the land lot line common to Land Lots 186 and 187; thence southeasterly along said land lot line 480 feet, more of less, to the corner of said Anitox tract; thence northeasterly along said tract 500 feet, more or less, to a point; thence southeasterly along said tract 358 feet to a point; thence northeasterly 480 feet, more or less, to a point; thence southeasterly 350 feet to a point on the southwesterly right-of-way of Ga. Highway No. 20; thence northwesterly along said right-of-way 315 feet to a point; thence southwesterly 174 feet to a point; thence northwesterly 250 feet to a point; thence northeasterly 174 feet to a point on the southwesterly right-of-way of Ga. Highway No. 20; thence easterly 80 feet crossing Ga. Highway No. 20 to a point on the northeasterly right-of-way of said highway; thence southerly along the northeasterly right-of-way to an iron pin, which pin is located 452.29 feet southerly along the curve of said right-of-way from the intersection of the southeasterly right-of-way of Bogan Road and the northeasterly right-of-way of Ga. Highway No. 20; thence North 84 degrees 15 minutes East. 479.14 feet to a rock; thence North 37 degrees 49 minutes West, 160.53 feet to an iron pin; continuing thence North 37 degrees 39 minutes West, 149.97 feet to an iron pin; thence North 69 degrees 48 minutes West, 420.0 feet to the aforementioned point at the intersection of Bogan Road and Ga. Highway No. 20; thence crossing Bogan Road and continuing northwesterly along the northeasterly right-of-way of Ga. Highway No. 20, 650 feet, more or less, to an iron pin; thence North 48 degrees 10 minutes East, 350 feet to an iron pin; thence North 37 degrees 30 minutes West, 310.2 feet to an iron pin located on the land lot line common to Land Lots 186 and 219, said pin being located on the southeasterly right-of-way of Sudderth Road (also known as North Fork Bogan Road); Page 5398 following the southeasterly right-of-way of Sudderth Road and said land lot line in a southwesterly direction approximately 200 feet to the point at which Sudderth Road turns northwesterly away from the land lot line; thence North 25 degrees 13 minutes West, 80 feet crossing Sudderth Road to an iron pin located on the northwesterly right-of-way of Sudderth Road; continuing North 25 degrees 13 minutes West, 587.4 feet to an iron pin; thence South 50 degrees 08 minutes West, 343.9 feet to an iron pin located on the northeasterly right-of-way of Ga. Highway No. 20; proceeding northwesterly along the northeasterly right-of-way of said Highway 1460 feet, more or less, to the point at which the right-of-way widens; from said point at which the right-of-way is widened, thus northeasterly 490 feet to a point; thence southerly 80 feet to a point; thence northeasterly 609 feet to the northwest corner of Rock Creek Estate Unit 2; thence South 31 degrees 13 minutes 14 seconds East, 1047 feet along the southwesterly border of Rock Creek Estate Subdivision, Units 1 and 2, to a point, being the southwesterly corner of Lot 4, Block A, Rock Creek Estate Subdivision, Unit 1; thence easterly along the southerly boundaries of Lots 3 and 4, Block A, of said subdivision, 372 feet to a point; thence southeasterly along the rear of Lots 1 and 2, Block A, of said subdivision, 188 feet to a point located on the northwesterly right-of-way of South Bogan Road; thence northeasterly along the northwesterly right-of-way of said road, following the curvature thereof, 877 feet to a point, being the southeasterly corner of Lot 1, Block B, Rock Creek Estates Subdivision, Unit 1; thence northwesterly along the northerly border of said lot, 276 feet, more or less, to a point on the land lot line common to Land Lots 219 and 220; thence North 31 degrees 13 minutes 14 seconds West along the land lot line and continuing along that land lot line common to Land Lots 227 and 228, 3,255.5 feet to a point; thence southwesterly 1,233.3 feet to a point on the southeasterly right-of-way of Highway No. I-985; thence northeasterly along the southeasterly right-of-way of said highway, 1500 feet, more or less, said point lying approximately 280 feet northeasterly of the intersection of said highway with the land lot line common to Land Lots 227 and 228; thence southeasterly along Page 5399 the southwesterly boundary of property now or formerly owned by E. Carter Bullard, 1490 feet to a point; thence northeasterly along the southeasterly line of the Bullard tract, 775 feet to a point; thence northwesterly along said tract 1090 feet to a point on the southeasterly right-of-way of Maddox Road (f/k/a Puckett Road); thence southwesterly along said right-of-way and following the curvature thereof, 290 feet, more or less, to a point; thence northwesterly 400 feet to a point; thence southwesterly 214 feet to a point on the southeasterly right-of-way of Highway I-985; thence northeasterly along the right-of-way of I-985 1084 feet to a point on said right-of-way; thence southeasterly along the current Buford city limits line 1080 feet, more or less, to the northwesterly right-of-way of Maddox Road; thence northeasterly along said right-of-way and following the curvature thereof, and crossing the land lot line common to Land Lots 226 and 227, 2015 feet, more or less, to a point; thence following the current Buford city limits line southeasterly 272 feet to a point on the northwesterly right-of-way of South Bogan Road; thence along said right-of-way northeasterly 450 feet to a point at the intersection of the northwesterly right-of-way of South Bogan Road and the southeasterly right-of-way of East Maddox Road; thence southwesterly along the southerly right-of-way of East Maddox Road 255 feet to a point; thence running with the current Buford city limits line across East Maddox Road and thence northeasterly 600 feet to a point; continuing thence along the city limit line as follows: Northeasterly 193 feet to a point; northwesterly 365.5 feet to a point; thence southeasterly 950 feet, more or less, to a point on the southeasterly right of way of Bogan Road; thence South 61 degrees 20 minutes East, 387.3 feet to an iron pin; thence South 19 degrees 05 minutes West, 105 feet to an iron pin; thence South 61 degrees 20 minutes East, 494 feet to an iron pin; thence North 28 degrees 08 minutes East, 340 feet, more or less, to a point; thence southeasterly 342 feet to a point; thence northerly 353 feet to a point on the northeasterly right of way of Hamilton Mill Road; thence southeasterly 900 feet, more or less along said right of way to a point on the land lot line common to Land Lots 225 and 226; thence northwesterly along the common land lot line Page 5400 to the common corner of Land Lots 225, 226, 262 and 263; thence northeasterly along the land lot line common to Land Lots 225 and 263, 511 feet, more or less to a point; thence southeasterly 243 feet, more or less to the westerly corner of Lot 1, Block A, Springlake Estates, Unit 2; thence southeasterly along the southerly side of Lot 1, Block A, Unit 2 and Lots 9 and 10, Block A, Unit 1, Springlake Estates and continuing thence 1,800 feet more or less to a point; thence northeasterly in a line coinciding with the southeasterly sides of Lots 23-26, Block A, Unit 2, Springlake Estates, 1,755 feet more or less to a point on the land lot line common to Land Lots 225 and 224; thence northwesterly along said common land lot line, 1,170 feet more or less to the corner of Land Lots 224, 225, 263 and 264, and continuing thence along the land lot line common to Land Lots 263 and 264, 1,435 feet to a point; thence southwesterly 317 feet to a point; thence westerly 92 feet to a point on the westerly right of way of Bogan Road, which point lies 375 feet southwesterly along said right of way from the intersection of Bogan Road and the land lot line common to Land Lots 263 and 264; thence northerly along the westerly right of way of Bogan Road, 100 feet, more or less, to a point; thence northwesterly 440 feet, more or less, to a point; thence southwesterly 220 feet, more or less, to a point; thence northeasterly 50 feet, more or less, to a point; thence southwesterly 200 feet, more or less, to a point; thence southeasterly 50 feet, more or less, to a point; thence northeasterly 180 feet, more or less, to a point; thence southeasterly 600 feet, more or less, to a point on the northwesterly right of way of Bogan Road; thence 1,100 feet more or less southwesterly along the northwesterly right of way of Bogan Road to a point, thence North 78 degrees 04 minutes 40 seconds West, 222.57 feet to an iron pin; thence South 12 degrees 24 minutes 50 seconds West, 170 feet to an iron pin; thence North 77 degrees 58 minutes 30 seconds East, 200 feet to an iron pin; thence North 12 degrees 24 minutes 50 seconds East, 199.64 feet to an iron pin; thence North 78 degrees 04 minutes 40 seconds West, 579.46 feet to a rock; thence northeasterly 580 feet to a point; thence northwesterly 940 feet to a point; thence in a more westerly direction 220 feet to a point on the easterly right Page 5401 of way of I-985; thence, crossing I-985, 580 feet to the intersection of the westerly right of way of I-985 and the southerly right of way of Thompson Mill Road; thence northwesterly and westerly following the southerly right of way of Thompson Mill Road 520 feet, more or less to a point; thence northwesterly, crossing Thompson Mill Road and continuing 350 feet, more or less, to a point; thence running northeasterly along the existing Buford City Limits Line, 760 feet, more or less to a point on the southwesterly right of way of Bryant Road; thence southeasterly 750 feet, more or less to the intersection of the northwesterly right of way of Bryant Road and the northerly right of way of Thompson Mill Road; thence easterly along the northerly right of way of Thompson Mill Road to a point at the intersection of said right of way and the northwesterly right of way of I-985; thence northeasterly along said northwesterly right of way of Highway I-985 and following the curvature thereof, 3669.91 feet to a point; thence leaving the northwesterly right of way line of Highway I-985 and run thence North 29 degrees 49 minutes West 1,467.5 feet to an iron pin; thence North 27 degrees 35 minutes West 1,651.40 feet to a point; thence South 41 degrees 06 minutes West 12.25 feet to a point located on the southwesterly right-of-way line of Ledford Road (40-foot right-of-way); run thence along the southwesterly right-of-way line of Ledford Road the following courses and distances: North 31 degrees 36 minutes West 115.23 feet to a point; North 42 degrees 8 minutes West 77.44 feet to a point; North 50 degrees 14 minutes West 131.70 feet to an iron pin; thence leaving said southwesterly right-of-way line of Ledford Road and run thence South 40 degrees 40 minutes West 4300 feet, more or less, along the Rest Haven city limits line to a point; thence northwesterly along the Rest Haven city limits line approximately North 30 degrees West 2700 feet, more or less, to a point; thence North 41 degrees 08 minutes East 2500 feet, more or less, along said city limits line to the corner common to Land Lots 297, 298, 299 and 300; thence northeasterly along the land lot line common to Land Lots 299 and 300, 1780 feet, more or less, to a point at the centerline of a branch; thence northeasterly along the centerline of the branch following the meanderings thereof 1,652.4 Page 5402 feet, more or less, to an iron pin; thence leaving the branch and running North 03 degrees 24 minutes East, 54.6 feet to an iron pin; thence North 30 degrees 25 minutes West, 201.4 feet to an iron pin located on the southeasterly side of a 200-foot Southern Railroad right-of-way; continuing thence northwesterly 100 feet, more or less, into the Railroad right of way to a point at its center; running thence along the southeastern rail 680 feet to a point on the centerline of Holiday Road; thence southeasterly along the centerline of Holiday Road to the point where it forks and becomes Rest Haven Road and Greens Crossing Road; thence in a southeasterly and southerly direction, along the northeasterly right of way of Rest Haven Road, and following the curvature thereof, 1000 feet, more or less, to a point; thence northeasterly 160 feet, more or less, to a point; thence southerly 200 feet, more or less, to a point; thence northeasterly 410 feet, more or less, to a point on the land lot line common to Land Lots 169 and 299, also being the line dividing the 7th and 8th Land Districts of Hall County; thence northwesterly along the land lot line 1000 feet, more or less to a point on the southeasterly side of the Southern Railroad 200 foot right of way, which point is also the point of intersection of the railroad right of way and the southerly right of way of Greens Crossing Road; thence continuing in said northwesterly direction crossing Greens Crossing Road to a point on the northerly right of way of said Road; running thence in a westerly direction along the northerly right of way of Greens Crossing Road continuing as said road runs concurrently with Holiday Road to a point on the northwesterly side of the Southern Railroad 200 foot right of way; running thence in a northeasterly and northerly direction along said railroad right of way, and following the curvature thereof, 5443 feet, more or less to an iron pin located on the land lot line common to Land Lots 159 and 169; continuing thence along the railroad right of way, 1717.50 feet to a point; thence North 51 degrees 53 minutes West, 100 feet to a point at which the railroad right of way increases to 400 feet; continuing along said right of way, 465.6 feet to a point; thence North 31 degrees 40 minutes West, 718.51 feet to a point on the easterly right of way of Holiday McEver Road; continuing thence across said road Page 5403 to a point; and running thence North 36 degrees 43 minutes West from the westerly right of way, 702.7 feet to a point; thence North 37 degrees 28 minutes East, 415.49 feet to an iron pin; thence North 30 degrees 37 minutes West, 150.35 feet to a point; thence South 47 degrees 39 minutes 13 seconds West, 1589.02 feet to a point on the southwesterly right of way of Blackberry Lane; thence northwesterly along said southwesterly right of way and following the curvature thereof, 800 feet, more or less, to a point; thence South 60 degrees 00 minutes West, 880 feet to a point; thence North 29 degrees 15 minutes 01 seconds West, 280.01 feet to a point; thence North 60 degrees 00 minutes East, 900 feet to a point on the southwesterly right of way of Blackberry Lane; thence North 31 degrees 28 minutes 40 seconds West, 100 feet to a point; thence South 60 degrees 00 minutes West, 1639.65 feet to a point; thence South 30 degrees 12 minutes East, 348.8 feet to an iron pin; thence North 59 degrees 41 minutes East, 200.2 feet to an iron pin; thence South 30 degrees 11 minutes East, 600.3 feet to an iron pin; thence South 24 degrees 31 minutes West, 675.8 feet to an iron pin; thence South 30 degrees 22 minutes East, 627.8 feet to a point on the centerline of a creek; thence along said creek the following traverse lines: South 37 degrees 53 minutes 05 seconds West, 485.28 feet to an iron pin, South 71 degrees 35 minutes 00 seconds West, 1588.94 feet to an iron pin, and South 37 degrees 41 minutes 50 seconds East, 298.87 feet to an iron pin; thence leaving said creek, South 66 degrees 12 minutes West, 246.7 feet to an iron pin; thence South 30 degrees 05 minutes West, 324.6 feet to an iron pin located on the northeasterly right of way of Holiday Road; thence southeasterly along the northeasterly right of way of said road, 160 feet to a nail and cap; continuing thence southeasterly 860 feet to a point; thence North 61 degrees 22 minutes 30 seconds East, 305.52 feet to an iron pin; thence South 39 degrees 37 minutes East, 149.2 feet to an iron pin; thence South 39 degrees 18 minutes East, 492.75 feet to an iron pin; thence South 55 degrees 34 minutes West, 332 feet to a point; thence South 38 degrees 26 minutes East, 259.1 feet to a point on the northwesterly right of way of Holiday McEver School Road; thence along said right of way in a southwesterly Page 5404 direction and crossing Holiday Road to an iron pin on the northwesterly right of way of McEver Road where it intersects with the northerly right of way of Buford Waterworks Road; thence along said right of way of Buford Waterworks Road North 53 degrees 21 minutes 42 seconds West 24.20 feet to a point; thence North 79 degrees 28 minutes 28 seconds West 29.86 feet to a point; thence North 89 degrees 49 minutes 53 seconds West 38.21 feet to a point; thence South 85 degrees 41 minutes 07 seconds West 35.68 feet to an iron pin; thence North 27 degrees 30 minutes 00 seconds West 269.28 feet to an iron pin; thence North 70 degrees 30 minutes 00 seconds East 216.91 feet to an iron pin on the southwesterly right-of-way of Holiday Road; thence South 37 degrees 27 minutes 25 seconds East 129.28 feet along said right-of-way to a right-of-way monument; continuing thence along said right-of-way South 13 degrees 23 minutes 04 seconds East 178.36 feet to a right-of-way monument situated on the northwesterly right-of-way of McEver Road; thence southeasterly, crossing McEver Road, to a survey marker at the point of intersection of the southerly right-of-way of Holiday Road and the northeasterly right-of-way of McEver Road; thence southwesterly along the northeasterly and southeasterly right-of-way of McEver Road following the curvature thereof, 453.19 feet to an iron pin; thence South 23 degrees 22 minutes 50 seconds East, 45.62 feet to an iron pin on the northerly edge of the Southern Railroad 200-foot right-of-way; proceeding along the railroad right-of-way in a generally southwesterly direction from Hall County into Gwinnett County crossing the land lot line common to Land Lots 299 and 300 and proceeding along the curvature of said railroad right-of-way to a point in Land Lot 300 approximately 990 feet southeasterly along the railroad right-of-way from the line dividing Hall County and Gwinnett County; thence northwesterly across the railroad right-of-way proceeding to a point on the northwesterly right-of-way of Peachtree Industrial Boulevard; running thence northeasterly along the northwesterly right-of-way of Peachtree Industrial Boulevard, also known as McEver Road, following the curvature thereof, crossing the line dividing Gwinnett and Hall Counties and continuing thence 875 feet, more or less, to an iron pin; thence North 6 degrees Page 5405 07 minutes 11 seconds East, 406.8 feet to an iron pin set on the southwesterly side of an asphalt drive; thence northwesterly along the curvature of said asphalt drive 67.11 feet to an iron pin on the southerly right-of-way of Buford Waterworks Road (a/k/a Buford Dam Road); thence South 71 degrees 30 minutes 37 seconds East, 612.35 feet along said right-of-way to an iron pin; thence South 08 degrees 29 minutes 12 seconds East, 95.51 feet along a gravel road to an iron pin; thence South 73 degrees 08 minutes 35 seconds West, 89.23 feet to an iron pin; thence North 23 degrees 46 minutes West, 91.44 feet to an iron pin on the southerly right-of-way of Buford Waterworks Road; following said right-of-way thence South 71 degrees 30 minutes 37 seconds East, 193 feet to an iron pin; thence South 16 degrees 31 minutes 48 seconds East, 117.6 feet to an iron pin on the land lot line common to Land Lots 300 and 328; thence South 59 degrees 43 minutes West along said land lot line 106.4 feet to an iron pin; thence North 35 degrees 44 minutes West, 150.7 feet to a point on the southerly right-of-way of Buford Waterworks Road; thence 200 feet southwesterly along said right-of-way to a point; thence South 01 degree 00 minutes East, 241 feet to a point; thence South 59 degrees 00 minutes West, 55 feet to a point; thence Northwesterly 244 feet to a point on the southeasterly right-of-way of Buford Waterworks Road; thence southwesterly along the southeasterly right-of-way of said road 300 feet, more or less, to a point on the line dividing Hall and Gwinnett Counties; thence following said county line in a northwesterly direction 300 feet, more or less, to a point on the northeasterly right-of-way of Buford Dam Road; thence northwesterly 500 feet, more or less, along the northeasterly boundary of property now or formerly owned by Letoy Whidby to a point; thence in a more westerly direction along the north line of Whidby 175.6 feet to a point; thence southwesterly along the west line of Whidby, continuing into Gwinnett County, 911.4 feet, more or less, to the northeast line of property now or formerly owned by W. A. Elinburg, Jr.; thence northwesterly along the north line of Elinburg 243 feet to a point; thence southwesterly along the west line of Elinburg 545 feet to a point on the northeasterly right-of-way of Buford Dam Road; thence northwesterly Page 5406 along said right-of-way following the curvature thereof to an iron pin located 139.03 feet northwesterly from the intersection of the westerly right-of-way of Lakeshore Drive (a/k/a Cole Mill Road) and said right-of-way of Buford Dam Road; thence North 27 degrees 56 minutes 28 seconds East, 146 feet to an iron pin; thence North 19 degrees 52 minutes 14 seconds West, 48 feet to an iron pin; thence North 69 degrees 39 minutes West, 74 feet to an iron pin; thence South 28 degrees 09 minutes 20 seconds West, 178 feet to an iron pin located on the northeasterly right-of-way of Buford Dam Road; thence northwesterly along the said northeasterly right-of-way 1008.9 feet, more or less, to an iron pin; thence North 11 degrees 52 minutes 49 seconds East, 177.88 feet to an iron pin; thence North 82 degrees 03 minutes West, 216 feet to an iron pin; thence southeasterly 164.14 feet to an iron pin on the northwesterly right-of-way of Buford Dam Road; continuing thence westerly and southwesterly along the northwesterly right-of-way of Buford Dam Road to a point, which point lies approximately 3660 feet westerly and northwesterly along said right-of-way from its intersection with the westerly right-of-way of Cole Mill Road; thence northwesterly 1634 feet to a point extending into Land Lot 332; thence southwesterly 1455.6 feet to a point; thence southeasterly 97.5 feet to a point; thence in a more southerly direction 780 feet on a point on the northwesterly right-of-way of Buford Dam Road; thence northeasterly along said right-of-way 600 feet, more or less, to a point, which point lies 120 feet, more or less, easterly from the easterly right-of-way of Shadburn Ferry Road; thence northwesterly 80.1 feet along the current Buford City Limit line; running thence along said city limit line as follows: northeasterly 350 feet to a point; and thence northwesterly, westerly and southwesterly in an approximate semicircle 585 feet to a point; and southwesterly 250 feet, more or less, to a point on the northeasterly right-of-way of Shadburn Ferry Road, which point lies 630 feet northwesterly along said right-of-way from the intersection of Shadburn Ferry Road and Buford Dam Road; thence northwesterly along the northeasterly right-of-way of Shadburn Ferry Road 320 feet, more or less, to a point on said right-of-way; thence in a westerly direction, crossing Shadburn Ferry Page 5407 Road to a point on the southwesterly right-of-way, which point is the northeasterly corner of a 1.56-acre tract owned now or formerly by Thesta Settle and Florence Settle; thence southeasterly along the northerly line of the Settle tract 265.1 feet to a point; thence southeasterly along the southwesterly line 219.1 feet to a point; thence southeasterly 282.5 feet to a point on the southwesterly right-of-way of Shadburn Ferry Road; thence southeasterly along said right-of-way 50 feet to a point; thence northwesterly 289 feet, more or less, to a point; thence southeasterly 287 feet to a point; thence southwesterly 200 feet to a point; thence southeasterly 250 feet to a point on the northerly right-of-way of Buford Dam Road; continuing thence southeasterly across Buford Dam Road to a point on the southerly right-of-way; thence southwesterly along said southerly right-of-way 2100 feet, more or less, to a point, said point lying 396 feet, more or less, easterly along said right-of-way from the easterly right-of-way of Little Mill Road, and being the northeasterly corner of a tract now or formerly owned by Sara T. Crumley; thence southwesterly 200 feet to a point; thence easterly 93 feet to a point; thence southwesterly 187 feet to a point; thence in a more westerly direction 215 feet to a point on the easterly right-of-way of Little Mill Road; thence northwesterly along said right-of-way of Little Mill Road 327 feet to a point at the intersection of Buford Dam Road and Little Mill Road; thence across Little Mill Road and along the southerly right-of-way of Buford Dam Road and following the curvature thereof 650 feet, more or less, to a point; thence South 13 degrees East 1129 feet to a point on the land lot line common to Land Lots 325 and 334; thence South 58 degrees West along said land lot line 1142 feet to a point; thence North 52 degrees 45 minutes West, 428 feet to an iron pin; thence South 59 degrees 02 minutes West, 686 feet to an iron pin; thence North 21 degrees 00 minutes East, 1175.1 feet to an iron pin located on the southwesterly right-of-way of Buford Dam Road; thence northwesterly along said right-of-way and following the curvature thereof to an iron pin located on said right-of-way 408 feet southeasterly from the southeasterly right-of-way of Jimmy Dodd Road; thence South 42 degrees 54 minutes West, 200.4 feet to an iron pin; thence South 33 degrees Page 5408 31 minutes West, 708 feet to an iron pin located 25 feet from the centerline of a creek; thence southeasterly and southerly along the centerline of the creek the following traverse lines: South 23 degrees 48 minutes East, 352.5 feet to an iron pin; South 05 degrees 23 minutes West, 200 feet to a point; South 14 degrees 51 minutes West, 131 feet; South 20 degrees 24 minutes West, 200 feet; South 04 degrees 08 minutes West, 345 feet; and South 05 degrees 01 minute West, 117.4 feet to an iron pin; thence South 57 degrees 26 minutes West, 327.4 feet to an iron pin located on the land lot line common to Land Lots 334 and 335; thence southeasterly along said land lot line and continuing along the land lot line common to Land Lots 324 and 325 to an iron pin 1265 feet southeasterly from the corner common to Land Lots 324, 325, 334 and 335; thence North 57 degrees 37 minutes East, 208 feet to an iron pin; thence South 31 degrees 45 minutes East, 208 feet, more or less, to an iron pin; thence run South 57 degrees 55 minutes West 416 feet to an iron pin; thence run North 32 degrees 36 minutes West 777.1 feet to a rock and iron pin; thence run South 58 degrees 04 minutes West, 3,060 feet, more or less, to an iron pin on the land lot line common to Land Lots 323 and 324; thence southeasterly along said land lot line 1050 feet, more or less, to the city limits line of Sugar Hill; thence along the boundary of the City of Sugar Hill traveling in a southwesterly direction along an arc having a radius of 8,804.09 feet to a point on the land lot line common to Land Lots 322 and 323; thence northwesterly along said land lot line to a point on the southerly right of way of Appling Road; thence easterly and southeasterly along said right of way, and following the curvature thereof, 467 feet to the centerline of a creek; thence in a generally northeasterly direction along the centerline of said creek, 2196 feet to an iron pin; thence North 35 degrees West, 136.1 feet to an iron pin; thence North 21 degrees 30 minutes West, 65 feet to a marked gum tree; thence West 170 feet to a point; thence North 14 degrees West, 225 feet to a point; thence North 01 degrees West, 100 feet to a point; thence North 52 degrees East, 63 feet to a point; thence North 56 degrees 45 minutes East, 180 feet to an iron pin; thence North 8 degrees 45 minutes East, 655.4 feet to an iron pin; thence North Page 5409 12 degrees East, 665 feet to a point on the land lot line common to Land Lots 335 and 336; thence northwesterly along said land lot line, 1350 feet to a point; thence South 61 degrees 27 minutes West a distance of 971.6 feet to an iron pin corner; thence South 54 degrees 49 minutes West a distance of 395.8 feet to an iron pin 30 feet from Richland Creek; thence South 26 degrees 00 minutes East a distance of 133.1 feet along the traverse line of Richland Creek; thence South 03 degrees 03 minutes East a distance of 96.2 feet; thence South 62 degrees 35 minutes East a distance of 121.2 feet along said traverse line; thence South 35 degrees 24 minutes East, a distance of 313.3 feet; thence South 63 degrees 08 minutes East a distance of 98.9 feet to an iron pin; thence in a westerly direction along the 80-foot right of way of Richland Creek Road a distance of 1138.7 feet to an iron pin located on the southeasterly right of way of Sycamore Road; continuing thence in a westerly direction along the northerly right of way of Richland Creek Road and following the curvature thereof 541.1 feet to an iron pin located on the land lot line common to Land Lots 336 and 337; thence northwesterly along said land lot line, 385.4 feet to an iron pin and rock corner; thence North 58 degrees 11 minutes East, 1120 feet to an iron pin on the easterly right of way of Sycamore Road; thence North 58 degrees 11 minutes East a distance of 227.5 feet to an iron pin; thence North 24 degrees 34 minutes West a distance of 173.8 feet to an iron pin; thence North 21 degrees 40 minutes West a distance of 1231.4 feet to an iron pin 12 feet from Richland Creek; thence South 69 degrees 08 minutes West a distance of 162.9 feet to an iron pin on the easterly right of way of Sycamore Road; continuing thence westerly to an iron pin on the westerly right of way of Sycamore Road; thence South 39 degrees 36 minutes West a distance of 146.3 feet along the traverse line of Richland Creek to a point; thence North 75 degrees 57 minutes West a distance of 194.9 feet; thence North 38 degrees 00 minutes West a distance of 138.8 feet; thence South 77 degrees 42 minutes West a distance of 167.7 feet; thence North 50 degrees 22 minutes West a distance of 253.4 feet; thence continuing along said traverse line North 73 degrees 19 minutes West a distance of 127.0 feet to an iron pin; thence North 17 degrees Page 5410 02 minutes West a distance of 35.0 feet to an iron pin located on the land lot line common to Land Lots 336 and 350; thence North 58 degrees 37 minutes East along said land lot line a distance of 585.2 feet to an iron pin located on the southwesterly right of way of Sycamore Road; thence northwesterly along the southwesterly right of way of Sycamore Road and following the curvature thereof, 742.6 feet to an iron pin, which iron pin sits at the centerline of Old Sycamore Road (dirt road); thence North 82 degrees 26 minutes East, 13.4 feet to a point; thence North 65 degrees 45 minutes East, 100 feet to a point; thence South 53 degrees 50 minutes West, 1,419.57 feet to a point; thence North 30 degrees 23 minutes West, 150 feet to a point; thence South 53 degrees 37 minutes East, 41 feet more or less, to a point; thence North 36 degrees 01 minutes West, 159.42 feet to a point; thence North 53 degrees 59 minutes West, 823.23 feet to a point on the centerline of said Old Sycamore Road; continuing along the centerline of said road the following: North 54 degrees 48 minutes West 28 feet, North 70 degrees 50 minutes West, 100 feet, and North 58 degrees 55 minutes West, 75 feet; thence North 65 degrees 50 minutes West, 95.4 feet to an iron pin; thence South 19 degrees 56 minutes West, 175.2 feet to an iron pin; thence South 52 degrees 12 minutes West, 573 feet to an iron pin; thence North 29 degrees 23 minutes West, 51.5 feet to an iron pin; thence South 64 degrees 04 minutes West, 275.5 feet to an iron pin on the land lot line common to Land Lots 349 and 350; run thence along said land lot line North 29 degrees 23 minutes West, 570.6 feet to an iron pin; continue thence North 29 degrees 23 minutes West, 3 feet to a point in the center of a branch; run thence northerly along the centerline of said branch and following the meanderings thereof 1,054.2 feet to a point; thence South 59 degrees 51 minutes West, 835.5 feet to an iron pin on the easterly right of way line of a county road (based on a 50-foot right of way); run thence along said right of way line North 05 degrees 16 minutes West, 293 feet to an iron pin, North 30 degrees 16 minutes West, 400 feet to an iron pin, North 06 degrees 21 minutes West, 306.4 feet to an iron pin, and North 03 degrees 08 minutes West, 300 feet to an iron pin; run thence South 61 degrees 18 minutes Page 5411 West and crossing said county road a distance of 652.5 feet to an iron pin; run thence North 06 degrees 36 minutes West 595 feet to an iron pin; run thence South 61 degrees 08 minutes West, 601.8 feet to an iron pin on the easterly right of way line of Suwanee-Buford Dam Road; run thence along said right of way line North 06 degrees 59 minutes West, 87.3 feet, North 04 degrees 06 minutes West, 98.7 feet, and North 01 degree 33 minutes West, 14 feet to an iron pin; run thence North 60 degrees 41 minutes East, 200 feet to an iron pin; run thence North 01 degree 40 minutes West, 100.7 feet to an iron pin; run thence South 60 degrees 27 minutes West, 200 feet to an iron pin on the easterly right of way line of Suwanee-Buford Dam Road; run thence North 0 degrees 52 minutes West along said right of way line 300 feet to an iron pin; run thence North 59 degrees 46 minutes East, 1099.9 feet to an iron pin on the southwesterly right of way of Buford Dam Road (60-foot right of way); run thence in a northwesterly direction along the southwesterly right of way of Buford Dam Road, 550 feet, more or less, to a point on the southeasterly right of way of Suwanee-Buford Dam Road; thence crossing said Buford Dam Road to a point at its intersection with Spillway Road; thence Running North 33 degrees 33 minutes East, 45 feet to a point located on said Spillway Road; thence North 59 degrees 07 minutes West 33 feet to a point; thence South 68 degrees 46 minutes East, 148.5 feet to a government marker; thence South 25 degrees East, 218.6 feet to a point on the Northeasterly side of Buford Dam Road; thence running southeasterly along the northeasterly right of way of Buford Dam Road to a point where the northerly right of way of Lakeside Avenue would intersect said Buford Dam Road if it were extended; thence crossing Buford Dam Road in a southerly direction to a point at the southeasterly intersection of Lakeside Avenue and Buford Dam Road; run thence South 30 degrees 10 minutes East, 1303.7 feet to a concrete monument on the land lot line common to Land Lots 350 and 363; run thence North 60 degrees 49 minutes East along said land lot line, 2269.7 feet to a point on the southwesterly right of way of Sycamore Road; run thence along the southwesterly, westerly and northwesterly right of way of Sycamore Road, 875 feet, more Page 5412 or less, to the centerline of a Georgia Power Company right of way easement; thence South 49 degrees 41 minutes East across Sycamore Road to an iron pin in the center of said Georgia Power Company Easement; run thence South 49 degrees 41 minutes East, 493.3 feet to an iron pin; continue thence South 49 degrees 41 minutes East, 32 feet to a point in the center of a branch; run thence in a general northeasterly direction along the centerline of said branch and following the meanderings thereof, 1037 feet, more or less, to the point at which the centerline of said branch is intersected by the land lot line common to Land Lots 350 and 351; run thence southeasterly along said land lot line, 1946.6 feet to a point on the southeasterly right of way of Jimmy Dodd Road; run thence 540.8 feet in a southwesterly direction along the southeasterly right of way of said road to a point, said point also being the point at which the southeasterly right of way line of said road is intersected by the centerline of an existing dirt road; run thence along the centerline of said dirt road South 16 degrees 35 minutes West, 159.6 feet, South 40 degrees 58 minutes West, 100 feet, South 57 degrees 48 minutes West, 100 feet, South 72 degrees 06 minutes West, 100 feet, and South 79 degrees 41 minutes West, 146.1 feet to a point on the southeasterly right of way of Jimmy Dodd Road; running thence in a southwesterly direction along the southeasterly right of way of Jimmy Dodd Road, 340 feet, more or less, to an iron pin located at the centerline of a gulley; running thence in an easterly direction, 697.4 feet, more or less, along the centerline of said gulley to an iron pin located on the land lot line common to Land Lots 336 and 350; running thence northeasterly along the common land lot line, 1224.6 feet to a pin at the Land Lot corner of Land Lots 335, 336, 350 and 351; thence North 56 degrees 54 minutes East, 1,710 feet to an iron pin; thence North 84 degrees 35 minutes West, 1074 feet to an iron pin on the southwesterly right of way of Jimmy Dodd Road; thence North 47 degrees 25 minutes East, 385.4 feet (crossing said Road) to an iron pin; thence South 31 degrees 50 minutes West, 775.4 feet to the centerline of Jimmy Dodd Road; thence in a northeasterly direction along the centerline of Jimmy Dodd Road and following the curvature thereof, 1840 feet, more or less, Page 5413 to a point on the southwesterly right of way of Buford Dam Road; continuing thence across Buford Dam Road to a point on the northeasterly right of way of said road; running thence in a westerly, northwesterly and northerly direction along the northeasterly right of way of Buford Dam Road to a point 140 feet northwesterly along said right of way from the land lot line common to Land Lots 334 and 352; thence easterly 200 feet to a point; thence northerly 130 feet to a point on the northerly right of way of Dogwood Circle; thence northwesterly along the northerly right of way of Dogwood Circle, 85 feet to the intersection of said right of way and the southeasterly right of way of Pinetree Drive; thence northeasterly along the curvature of Pinetree Drive, 130 feet to a point; thence northwesterly 200 feet to a point; thence in a more northerly direction 227.2 feet to a point; thence northeasterly 214.3 feet to a point; thence northwesterly 310 feet to a point; thence northerly 107 feet to a point; thence northeasterly 163 feet to a point; thence northwesterly along the northeasterly right of way of Dogwood Circle, 90 feet to a point on the southeasterly right of way of Oak Road; thence northeasterly along said right of way, 206 feet to the land lot line common to Land Lots 352 and 353; thence northerly along said land lot line, 50 feet, more or less, to a point lying 1380 feet northwesterly from the land lot corner common to Land Lots 333, 334, 352 and 353; thence northeasterly 792 feet to a point, being the northerly corner of property now or formerly owned by R.T. Gunter; thence southerly 1593 feet to the land lot corner; thence South 23 degrees 08 minutes 7 seconds West, 665.5 feet to a concrete monument; thence South 31 degrees 40 minutes 10 seconds East 499.83 feet to an angle iron; thence North 60 degrees 2 minutes 50 seconds East, 543.9 feet to an iron pin on the land lot line common to Land Lots 333 and 334; thence running North 59 degrees 00 minutes 51 seconds East, a distance of 355.47 feet to an angle iron found; thence running South 56 degrees 00 minutes East, a distance of 346.79 feet to an iron pin set on the southwestern boundary of the right of way of Dolvin Lane (40-foot right of way); thence running along the southwestern boundary of the right of way of Dolvin Lane South 20 degrees 00 minutes East, a distance of 55.44 feet to an iron pin Page 5414 found; thence running South 44 degrees 21 minutes 45 seconds West, a distance of 737.31 feet to an iron pin found; thence running South 13 degrees 35 minutes 13 seconds West, a distance of 218.94 feet to an iron pin found; thence running North 86 degrees 13 minutes 26 seconds West, a distance of 386.00 feet to a point; thence southwesterly 600 feet to a point on the northerly right of way of Buford Dam Road; thence easterly along said right of way to a point 87.5 feet easterly from the land lot line common to Land Lots 333 and 334; thence northerly 280 feet to a point; thence easterly 159 feet to a point; thence southerly 280 feet to a point on the northerly right of way of Buford Dam Road; thence easterly along said northerly right of way to the point where it intersects the land lot line common to Land Lots 326 and 333; thence southerly across Buford Dam Road; thence easterly along said southerly and southeasterly right of way to a point at the intersection of said road and the northeasterly right of way of Shadburn Ferry Road, which point is the true point of beginning. This legal description is intended to include and is hereby declared to include that area shown as the City of Buford on the Official Zoning Map of Buford prepared by Keck Wood, Inc., as said map existed on February 3, 1986. All the above-described territory shall be classified and zoned the same zoning classification as was designated by the City of Buford on February 3, 1986. Any future changes in the corporate limits of the City of Buford shall be shown on amended maps which shall be filed with the city and available for public inspection. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF THE INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Artical III, Section 5, Paragraph 9 of the Constitution of Georgia of 1983 and Section 28-1-14 of the Official Code of Georgia Annotated (Michie), notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly a bill to amend Section 2 of Georgia Laws Extra Session Page 5415 1937-1938, pp. 953, 954 (Buford Charter) so as to redefine and zone the corporate limits of the City of Buford and for other purposes. This 21st day of February, 1986. WALT M. BRITT CITY ATTORNEY Feb 21-1tc G-5372 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Martin, who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 21, 1986. /s/ Charles C. Martin Representative, 60th District Sworn to and subscribed before me, this 27th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5416 CITY OF EAST ELLIJAY NEW CHARTER. No. 1362 (House Bill No. 2067). AN ACT To create a new charter for the City of East Ellijay, Georgia; to provide for the incorporation, powers, and boundaries of the city; to provide for the governing authority; to provide for the mayor and city council; to provide for administration; to provide for a recorder's court of the city; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for municipal services and regulatory functions; to provide general provisions; to provide for other matters relative thereto; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Name. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style East Ellijay, Georgia, and by that name shall have perpetual succession. Section 1.11. Corporate boundaries. (a) The corporate boundaries of this city shall be as described and set forth in Article VII. (b) The city council may provide for changes in Article VII by ordinance to reflect lawful changes in the corporate boundaries. Section 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. Page 5417 (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13. Examples of powers. This city shall have, by way of illustration and without limiting the generality of Section 1.12 of this charter, the following powers with regard to these various areas: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this Act; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such Page 5418 licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or wellbeing of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; Page 5419 (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and for the administration and use of same by the Page 5420 public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gasworks, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; Page 5421 to provide any other public improvements inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof when such structures or obstructions are within or are abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for Page 5422 the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee or charge or a sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; Page 5423 (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested Page 5424 in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. Section 2.11. City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he has been a resident of the city for six months prior to the date of the election of mayor and members of the city council; each such officer shall continue to reside in the city during his period of service and to be registered and qualified to vote in municipal elections of the city. Section 2.12. Vacancy; filling of vacancies. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Section 2.14. Holding other office; voting when personally interested. (a) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which he was elected. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he is personally interested. Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose it may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order Page 5425 issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of the city as provided by Article I. Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof; and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18. Organizational meetings. The city council shall hold an organizational meeting on January 2 following each election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice of any special meeting may Page 5426 be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible seven days prior to such meetings. Section 2.20. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21. Quorum: voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of East Ellijay hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; Page 5427 provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances as provided for in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later times as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: Page 5428 (1) The requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as copies of the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as a copy of the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of East Ellijay, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with regard to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Page 5429 Section 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of the city for six months preceding his election. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.28. Mayor pro tem. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem. shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. Section 2.29. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. Page 5430 Section 2.30. Limitation on terms of service. No mayor elected and qualified for five terms shall be eligible for the succeeding term. Section 2.31. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this charter. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section. Section 2.32. Mayor pro tem.; selection; duties. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem. shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem. is disabled, absent, or acting as mayor. Any such absence Page 5431 or disability shall be declared by majority vote of all councilmembers. ARTICLE III ADMINISTRATIVE FUNCTIONS Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for 30 calendar days following the mayor's giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council, which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function which the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. Page 5432 (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, manner of appointment, or terms of office are prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys Page 5433 as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The mayor shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal; maintain city council records required by this charter; and perform such other duties as may be required by the city council. Section 3.14. City treasurer. The mayor shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by this city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15. City accountant. The mayor shall appoint a city accountant to perform the duties of an accountant. Section 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: Page 5434 (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of East Ellijay, Georgia. Section 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) Compensation of the judges shall be fixed by ordinance. (c) Judges may be removed for cause by a vote of three members of the city council. (d) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20. Page 5435 Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter and all city ordinances and such other violations as provided for by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 30 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person gives bail for his appearance and fails to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession Page 5436 of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a property disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gilmer County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection; and, upon request, a copy of such rules and regulations shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to those proceedings. Page 5437 ARTICLE V ELECTIONS AND REMOVAL Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Regular elections; time for holding. On the second Saturday in December, 1986, and every four years thereafter, there shall be an election for the mayor and the city council. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.13. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. Section 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the remaining councilmembers shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the remaining councilmembers shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Section 5.16. Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter Page 5438 shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Knowingly violating Section 2.31 of this charter, relating to council interference with administration. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this charter shall have the right of appeal of the decision of the city council to the Superior Court of Gilmer County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Gilmer County following a hearing on a complaint seeking such removal brought by any resident of the City of East Ellijay. Page 5439 ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, of repaying principal and interest on general obligations, and of fulfilling any other public purpose as determined by the city council in its discretion. Section 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and may also authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. Section 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish such reasonable requirements for obtaining or Page 5440 keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration and terms of such franchises, shall prescribe whether the same shall be exclusive or nonexclusive, and shall determine the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the Page 5441 collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means are not precluded by law. This power shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons who are required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year unless otherwise provided by law. Section 6.22. Fiscal year. The city shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating Page 5442 budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget provided for hereafter in this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Action by city council on budget. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the seventh day of July of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items pro-rated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment of such amount, to which it is chargeable. Section 6.26. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance Page 5443 shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city. Section 6.27. Changes in appropriation. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28. Capital improvements budget. (a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the seventh day of July of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made has been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally Page 5444 accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21. Section 6.31. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest Page 5445 which the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII CORPORATE LIMITS Section 7.10. The corporate limits of the City of East Ellijay shall include the corporate limits of said city as the same shall exist on June 30, 1986, and as more fully described as follows: The corporate limits of East Ellijay shall extend 1/2 mile, air line, due east; 12 mile, air line, due south; 1/2 mile air line, due west; and due north to the city limits of the City of Ellijay, from the intersection of School Street and Fowler Street in front of East Ellijay Elementary School. The east line shall run due north and south for a distance of one mile; the south line shall extend 1 mile and run due east and west; the west line shall run due north and south and shall extend from the southwest corner of the City of East Ellijay to the City Limits of the City of Ellijay; the north line shall run from the northeast corner of the City of East Ellijay and run due west until it reaches the city limits of the City of Ellijay and then follow the corporate limits of said City of Ellijay to the northwest corner of the City of East Ellijay. ARTICLE VIII GENERAL PROVISIONS Section 8.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 8.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 8.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, contracts, Page 5446 and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 8.13. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural; the masculine shall include the feminine; and vice versa. Section 8.14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. Section 8.15. Specific repealer. An Act incorporating the City of East Ellijay in the County of Gilmer, approved March 27, 1941 (Ga. L. 1941, p. 1367), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 8.16. Effective date. This Act shall become effective on July 1, 1986. Section 8.17. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION: Notice is hereby given that there will be introduced at the regular 1986 Session of The General Assembly of Georgia, a bill Page 5447 to amend an ACT relating to the incorporation of The City of East Ellijay, Ga.; approved March 27, 1941, (GA.L. 1941, P. 1367), as amended; and further purposes. This twentieth day of February, 1986. Mack G. West Mayor City of East Ellijay, GA. 2/20C GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier which is the official organ of Gilmer County, on the following date: February 20, 1986. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 26th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5448 COBB COUNTY CIVIL SERVICE SYSTEM; COVERAGE OF CERTAIN DEPARTMENTS. No. 1363 (House Bill No. 2069). AN ACT To amend an Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, so as to provide for the withdrawal of certain departments from inclusion under the Cobb County Civil Service System; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, is amended by adding after Section 5 thereof a new section to read as follows: Section 5.1. Each department of Cobb County which has been included under the jurisdiction of the Cobb County Civil Service System pursuant to an election as provided in Section 5 of this Act shall have the option, pursuant to this section, of determining whether or not that department shall be withdrawn from under the jurisdiction of that Civil Service System. Upon a petition signed by 20 percent of the employees of such a department being presented to the Cobb County Civil Service Board stating that those employees desire that an election be conducted to determine whether or not that particular department shall be withdrawn from the Cobb County Civil Service System, the board shall set a date for an election for that purpose. Only one such election shall be held for each department in any one calendar year. Said election shall be conducted according to the procedure set out by the board, but shall be by secret ballot of all the employees of the petitioning department. Page 5449 If two-thirds of those employees voting elect to be withdrawn from the Cobb County Civil Service System, then that department and all of its personnel shall no longer be included under the jurisdiction of the said Civil Service System. After July 1, 1987, an election by employees of a department to withdraw from the Civil Service System pursuant to this section may not be held until at least 24 months have elapsed since employees of that department elected to come under the jurisdiction of that system. Section 2. All laws and parts of laws in conflict with this Act are repealed. L-970 Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an act authorized the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County approved March 10, 1964 (Georgia L. 1964, P. 2502), as amended; and for other purposes. This 7th day of February, 1986. Fred Aiken Representative District 21 2:28 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 28, 1986. /s/ Fred Aiken Representative, 21st District Page 5450 Sworn to and subscribed before me, this 3rd day of March, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. COBB COUNTY BUSINESS LICENSES AND TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1364 (House Bill No. 2070). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant to the governing authority of Cobb County the power to regulate and license businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176; H.R. 197-583; Ga. L. 1964, p. 1024); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the General Assembly to grant to the governing authority of Cobb County the power to regulate and license businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176; H.R. 197-583; Ga. L. 1964, p. 1024) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect Page 5451 on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-971 Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to continue in force and effect as a part of the Constitution of the State of Georgia that Constitutional Amendment authorizing the Georgia General Assembly to grant to the governing authority in Cobb County the power to regulate and license businesses and to levy license fees and occupational taxes in the county, Res. Act No. 176; H.R. 197-583; Georgia L. 1964, P. 1024; to provide the authority for this act; and for other purposes. This 27th day of February, 1986. Fred Aiken Representative District 21 2:28 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 28, 1986. /s/ Fred Aiken Representative, 21st District Page 5452 Sworn to and subscribed before me, this 3rd day of March, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF COMMERCE CORPORATE LIMITS; CITY MANAGER; TAX FOR SCHOOL PURPOSES; COMPENSATION OF SCHOOL BOARD. No. 1365 (House Bill No. 1932). AN ACT To amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to identify the corporate limits by map reference; to name the city manager as budget officer; to amend the requirements of the city manager; to provide that the maximum tax to be levied for school purposes shall be the same as provided for by general law; to empower the mayor and council to establish and modify compensation for school board members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The boundaries of the City of Commerce shall be those existing on the effective date of the Page 5453 adoption of this charter amendment with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city at all times shall be shown on a map, to be retained in the office of the city clerk, City of Commerce, and to be designated: Map of City of Commerce, Jackson County, Georgia, dated January, 1986. Photographic copies of such map or reductions or descriptions certified by the city clerk shall be admitted in evidence in all courts and shall have the same force and effect as with the original map. (b) The city council may provide for the redrawing of the map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 2. Said Act is further amended by adding at the end of Section 3.22, the following: The city manager shall be the budget officer of the city and shall have the duty of preparing and submitting to the mayor and council for approval the annual budget of the city. Section 3. Said Act is further amended by striking Section 27A in its entirety and inserting in lieu thereof a new Section 27A to read as follows: Section 27A. In addition to those requirements otherwise provided by law or ordinance as qualifications for persons who are considered for appointment by the mayor and council of the City of Commerce to governmental committees or advisory groups, no person shall be appointed by the said mayor and council to serve on any board, committee, advisory body, or governmental body unless the person is a qualified elector of the city at the time of such appointment. Should any such appointee cease to be a qualified elector of the city, the term of the appointment shall cease and a vacancy shall be created thereby. Neither the city manager, city attorney, or the recorder's court judge shall be required to be an elector of the City of Commerce. Section 4. Said Act is further amended by striking the following sentence from the end of Section 40: Page 5454 No member of the board shall receive compensation for his services on said board., and inserting in lieu thereof a new sentence to read as follows: The school board members shall receive only such compensation as is established and changed from time to time by the mayor and council of the City of Commerce. and by designating the present Section 40 as subsection (a) of Section 40 and adding a new subsection (b) to read as follows: (b) The school board shall submit an annual budget to the mayor and council for its approval. The mayor and council may levy such taxes as are necessary to support the budget as approved but not to exceed any limit established by general law. Section 5. Said Act is further amended by striking in its entirety Section 76 of said Act, which reads as follows: Sec. 76. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That for the purpose of raising a revenue sufficient to meet all expenses and obligations of said city of Commerce, the mayor and council shall be authorized to levy and collect an advalorem tax on all property, both real and personal, inside the incorporate limits of said city not exceeding one per cent. thereon, for general purposes, and the mayor and council shall also be authorized to levy and collect an ad valorem tax on all property, both real and personal, inside the corporate limits of said city, not exceeding six-tenths of one per cent. or sixty cents on the hundred dollars worth of property, for school purposes, and the mayor and council shall also be authorized to levy and collect an ad valorem tax on all property, both real and personal, inside the corporate limits of said city, not exceeding one-half of one per cent. or fifty cents on the hundred dollars, for expense of maintenance of waterworks, sewerage, and electric light systems in said city of Commerce. Section 6. All laws and parts of laws in conflict with this Act are repealed. Page 5455 NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended so as to: Correctly identify the City Limits of the City of Commerce by Map Reference; Name the City Manager as the official responsible for submitting the annual budget to the Mayor and Council; Amend the requirements for the City Manager; Establish the maximum tax to be levied for school purposes to be the same as provided by general law; Empower the Mayor and Council to establish and from time to time modify compensation for School Board members; and for other purposes. This 3rd day of February, 1986. Robert W. Adamson City Attorney - City of Commerce F5LB NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a bill to amend an act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended so as to: Correctly identify the City Limits of the City of Commerce by Map Reference; Name the City Manager as the official responsible for submitting the annual budget to the Mayor and Council; Page 5456 Amend the requirements for the City Manager; Establish the maximum tax to be levied for school purposes to be the same as provided by general law; Empower the Mayor and Council to establish and from time to time modify compensation for School Board members; and for other purposes. This 3rd day of February, 1986 Robert W. Adamson City Attorney - City of Commerce GEORGIA. JACKSON COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, LAUREN (BUBBA) McDONALD, JR., who, on oath, deposes and says that he is a Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Commerce News which is the official organ of the City of Commerce and The Jackson Herald which is the official organ of Jackson County on the following date: February 5, 1986. /s/ Lauren (Bubba) McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 11th day of February, 1986. /s/ Mary Dailey Notary Public, State of Georgia. My Commission Expires Oct. 21, 1986. (SEAL). Approved March 28, 1986. Page 5457 BUTTS COUNTY, CITY OF FLOVILLA, CITY OF JACKSON, AND CITY OF JENKINSBURG WATER AND SEWER AUTHORITY CREATION; BUTTS COUNTY WATER AUTHORITY ABOLISHED. No. 1366 (House Bill No. 1985). AN ACT To create the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing: sources of water supply; the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, and governmental units; and the collection, treatment, and disposal of sewage waste and any related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their terms of office; to authorize the authority to contract with Butts County, the City of Flovilla, the City of Jackson, and the City of Jenkinsburg, and with others pertaining to water and sewerage facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Butts County, the City of Flovilla, the City of Jackson, or the City of Jenkinsburg shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the authority exempt from taxation; to provide for the authority to condemn property; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide for other matters relating to the foregoing; to provide for the specific repeal of certain local Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 5458 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be known and may be cited as the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act. Section 2. (a) Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority. There is created a public body corporation and by such name, style, and title, such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. (b) The authority shall consist of five members. Two members shall be appointed by the governing authority of Butts County, one member shall be appointed by the governing authority of the City of Flovilla, one member shall be appointed by the governing authority of the City of Jackson, and one member shall be appointed by the City of Jenkinsburg. The governing authority of Butts County shall appoint two members, one to serve for an initial term of one year and one to serve for an initial term of three years. The governing authority of the City of Flovilla shall appoint one member to serve for an initial term of one year. The governing authority of the City of Jackson shall appoint one member to serve for an initial term of two years. The governing authority of the City of Jenkinsburg shall appoint one member to serve for an initial term of three years. Thereafter, all appointments shall be made for terms of three years and until the successor is appointed and qualified. (c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of each of the cities and Butts County, the members of the authority shall enter upon their duties, and as soon as it is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairman and another as vice chairman. None of the mayors of the cities nor the chairman of the Butts County Board of Commissioners shall serve as chairman or vice chairman of the authority. The Page 5459 members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. Each appointing governing authority may provide for compensation for the services of the members it appoints in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence. Section 3. Definitions. As used in this Act, the term: (1) Authority means the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created by Section 2 of this Act. (2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges, interest prior to and during construction, and for one year after completion of construction, the cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part Page 5460 of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project means and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; or (2) used or useful in connection with the collection, treatment, and disposal of sewage and waste; together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, truck-connecting and other sewers and watermains, filtration works, pumping stations, and equipment. (4) Revenue bonds and bonds means revenue bonds authorized to be issued pursuant to this Act, and revenue bonds may be issued by the authority as authorized in this Act without any other actions or proceedings. (5) Self-liquidating means any project which, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; Page 5461 (2) To acquire by purchase, lease, gift, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned, provided no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To enter into an agreement with Butts County, the City of Flovilla, the City of Jackson, the City of Jenkinsburg, or with any other political subdivision or municipal corporation of the state with respect to acquiring a source of water supply; providing sewerage service, preparing engineering data, plans, and specifications for a water and sewerage system; extending watermains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services furnished to users of such system; providing for the reading of meters and keeping of pertinent records; or apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system at the most reasonable cost possible; Page 5462 (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To make contracts and leases and to execute all instruments necessary or convenient thereto, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and all special districts and all municipal corporations located in Butts County are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of this paragraph, authority is specifically granted to municipal corporations, special districts, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and sewerage service and facilities or either of them by the authority to such municipal corporations, special districts, and counties to the authority for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Butts County which shall enter into an agreement under the authority granted in this paragraph or in paragraph (4) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and is pledged; (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; Page 5463 (8) To make loans with, and accept grants or loans of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (9) To make loans with, and accept grants or loans of money, materials, or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (10) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Financing projects. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal Page 5464 and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of all bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations. Section 6. Revenue bonds; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration, conversion, and exchangeability privileges and for rights of redemption and may contain such other terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Section 7. Same; signatures; seals. All such bonds shall bear the manual or facsimile signature of the chairman or vice chairman of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be affixed thereto, either manually or by facsimile. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairman or vice chairman and the secretary, assistant secretary, or secretary-treasurer of the authority. Any coupon may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the authority by those persons who at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of issuance of such bonds such persons Page 5465 may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 9. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority. Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to pay from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds. Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Page 5466 Section 13. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. Section 14. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Butts County, the City of Flovilla, the City of Jackson, or the City of Jenkinsburg, nor a pledge of the faith and credit of such state, county, or cities, but such bonds shall be payable solely from the fund provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate such state, city, or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the provisions enumerated in this section. Section 15. Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside the state having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; may also provide that any project shall be constructed and paid for under the supervision and approval of Page 5467 consulting engineers or architects employed or designated by the authority and shall be satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bond shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into Page 5468 a sinking fund which shall be pledged to and charged with the payment of: (1) the interest on such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agents for paying principal and interest; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or of any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall immediately be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. Same; refunding bonds. The authority is authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. The issuance of such revenue Page 5469 refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the provisions of this Act insofar as such provisions may be applicable. Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any action against such authority shall be brought in the Superior Court of Butts County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the authority to furnish or receive the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality or other party shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, instrumentality, or other party contracting with the authority. Section 22. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely Page 5470 the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds. Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, equipping, constructing, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Butts County, the City of Flovilla, the City of Jackson, or the City of Jenkinsburg, and their environs, including municipalities inside or outside such county, and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings. Section 25. Rates, charges, and revenues; use. The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the services, facilities, or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewerage system, and to pledge to the punctual payment of such bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Page 5471 Section 26. Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. Section 27. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Section 28. Powers declared supplemental and additional. The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of this state and its inhabitants, shall be liberally construed to effect the purposes of this Act. Section 30. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of any competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Other existing powers and authority. This Act does not in any way take from the City of Flovilla, the City of Jackson, the City of Jenkinsburg, or Butts County or any municipality located therein or in any adjoining county the authority to own, operate, and maintain water systems or issue revenue bonds as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Section 32. Specific repealer. An Act creating the Butts County Water Authority, approved April 10, 1971 (Ga. L. 1971, p. 3568), is repealed in its entirety. Page 5472 Section 33. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 34. Repealer. All laws and parts of laws in conflict with this Act are repealed. 86042-J NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the Butts County, City of Flovilla, City of Jackson and City of Jenkinsburg Water and Sewer Authority; to provide for the powers, duties, authority, purposes, and management of the authority; to provide for the issuance of revenue bonds by the authority; to provide for the membership of the authority; to authorize contracts, agreements, and relations between the authority and other governmental units; to provide for all related matters and for other purposes. This 10th day of February, 1986. Larry Smith, Representative, 78th District 2-12-1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: February 12, 1986. /s/ Larry Smith Representative, 78th District Page 5473 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. JACKSON COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 1367 (House Bill No. 1995). AN ACT To create the Jackson County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, own, and maintain projects embracing sources of water supply and the treatment, distribution, and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and political subdivisions and instrumentalities of the state; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, own, and maintain sewerage systems, both sanitary and storm, sewerage disposal and sewerage treatment plants, and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the authority Page 5474 payable from the revenues, tolls, fees, charges, and earnings of the authority, and to authorize the payment of the cost of such bonds or obligations, and to authorize the execution of resolutions and trust indentures to secure the payment thereof, and to define the rights of the holders of such bonds or obligations; to provide that no debt of Jackson County or the cities within Jackson County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act may be cited as the Jackson County Water and Sewerage Authority Act. Section 2. Jackson County Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the Jackson County Water and Sewerage Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, bring and defend actions, implead and be impleaded, and complain and defend in all courts, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exceptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of five members. The board of commissioners of Jackson County shall appoint the members of the authority, each of whom shall reside in Jackson County. The board of commissioners of Jackson County shall appoint Page 5475 two of the initial members for initial terms of three years, two of the initial members for initial terms of two years, and one initial member for an initial term of one year; with subsequent appointments for terms of office of three years. After having served nine consecutive years, authority members shall not be reappointed without at least one year of inactive status. Vacancies shall be filled for an unexpired term by the board of commissioners of Jackson County. Any authority member who is convicted of a felony shall be removed from the authority upon the date of conviction, regardless of appeal processes. A majority of the members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. The authority shall elect one of its members as chairman and another member as vice chairman. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the authority and who, if not a member, shall have no voting rights. The members of the authority shall serve without compensation; however, it is expressly understood that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. It shall have perpetual existence. Section 3. Definitions. (a) As used in this Act, the term: (1) Authority means the Jackson County Water and Sewerage Authority created in Section 2 of this Act. (2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this Act and the construction of any project, the placing of same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes specified in this paragraph shall be regarded as a part of the cost of the project and may be paid or reimbursed Page 5476 as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project means and includes the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply; the treatment of water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within the territorial boundaries of the project area, and additions and improvements to and extensions of such facilities, and the operation and maintenance of same so as to assure an adequate water system; the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter; and the treatment of sewerage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within the territorial boundaries of the project area and additions and improvements to and extensions of such facilities, and the operation and maintenance of same so as to assure an adequate sewerage system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (4) Revenue bonds, bonds, and obligations, mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said article and any amendments thereto, and, in addition, shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenue and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Page 5477 Section 4. Powers. The authority is authorized: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights or easements therein, or franchises necessary for its corporate purposes and to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best advantage of the authority, the authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees including engineering, architectural, and construction experts, fiscal agents, and attorneys and to fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired; and any and all persons, firms, and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the Page 5478 authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for terms not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To make loans with, and accept loans and grants of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To make loans with, and accept loans and grants of money or materials or property of any kind from, the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, Page 5479 which is not in conflict with the Constitution and laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Financing projects. The authority, or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in Section 3 of this Act, of any one or more projects and to provide by resolution for the issuance of negotiable bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other obligations. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for registration, conversion and exchangeability privileges, rights of redemption, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Page 5480 Section 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such person as shall be duly authorized or hold the proper office at the actual time of the execution of such bonds, although at the date of such bonds, such person may not have been so authorized or shall not have held such office. In case any officer whose signature appears on any coupon ceases to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose, and said bonds and the income thereof shall be exempt from all taxation within the state. Section 9. Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority; and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupon which shall become mutilated or be destroyed or lost. Page 5481 Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Jackson County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; may provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which Page 5482 additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide; and such funds so pledged, from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) the interest of the bonds as the same shall fall due; (2) the principal of the bonds as the same shall fall due; (3) any premium upon bonds acquired by redemption, payment, or otherwise; (4) the necessary charges of the paying agent or agents for paying principal and interest; and (5) any investment fees or charges. The use and disposition of such sinking fund Page 5483 shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Page 5484 Superior Court of Jackson County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated. The state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state, and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Jackson County Water and Sewerage Authority. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions Page 5485 of this Act, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, income, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Jackson County; and the officers, agents, and employees of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Jackson County when in performance of their public duties or work of the county. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise, from time to time, and collect rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both shall be furnished. Section 26. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide Page 5486 an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Jackson County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. Section 27. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the State of Georgia and their inhabitants, shall be liberally construed to effect the purposes of this Act. Section 28. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, equipping, constructing, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Jackson County and their environs, including municipalities inside and outside said county, and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings. Section 29. Tax exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city or county or the state or any political subdivisions thereof. Section 30. Repealer. All laws and parts of laws in conflict with this Act are repealed. Page 5487 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to create the Jackson County Water and Sewerage Authority; to provide for the membership, powers, and duties of the authority; to provide for the issuance of bonds and obligations; to provide for practices and procedures; and for other purposes. This 11th day of February, 1986. /s/ Lauren McDonald Jr. F19,26,Mr5/b I, Herman Buffington, Publisher of The Jackson Herald, do hereby certify that the copy of the legal advertisement Notice of Intention to Introduce Local Legislation to create the Jackson County Water and Sewerage Authority appeared in The Jackson Herald, Jefferson, Georgia on February 19 and is scheduled to appear on February 26 and March 5, 1986. /s/ Herman Buffington, Publisher Subscribed and sworn to before me, this 20 day of February, 1986. /s/ Claire W. Collier Notary Public My commission expires September 23, 1989. (SEAL) Approved March 28, 1986. Page 5488 ROCKMART DEVELOPMENT AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1368 (House Bill No. 2007). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Authority (Resolution Act No. 48; House Resolution No. 42-107; Ga. L. 1963, p. 676); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment creating the Rockmart Development Authority (Resolution Act No. 48; House Resolution No. 42-107; Ga. L. 1963, p. 676) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Authority (Resolution Act No. 48; House Resolution No. 43-107; Ga. Laws 1963, page 676); to provide Page 5489 the authority for this Act; to repeal conflicting laws; and for other purposes. This 11th day of February, 1986. Steven B. Smith, Mayor Feb. 18, 20 No. 3513 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cummings, who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following date: February 18th, 1986. /s/ BILL CUMMINGS Representative, 17th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL) Approved March 28, 1986. Page 5490 CITY OF RICHLAND CORPORATE LIMITS. No. 1369 (House Bill No. 2008). AN ACT To amend an Act creating a new charter for the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2266), so as to include certain property in the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2266), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) The corporate limits of the City of Richland shall include all that tract or parcel of land lying and being in the 24th land district, Stewart County, Georgia and being in land lots #102, #123, #134, #155, #103, #122, #135 and #154 and being in the southern one-half of land lots #104, #121, #136 and #153. (b) In addition to the property described in subsection (a) of this section, the following property shall be included within the corporate limits of the City of Richland: Beginning at the existing westerly corporate limits of the City of Richland adjacent to Ga. Hy. No. 27, and including all that tract or parcel of land from the southerly right-of-way of Ga. Hy. No. 27 at that point to the northerly right-of-way of Seaboard Systems Railroad; and then in a westerly direction for a distance of two and one-half miles parallel with the southerly right-of-way of said Ga. Hy. No. 27 and the northerly right-of-way Page 5491 of Seaboard Systems Railroad to a point where the southerly boundary line of Ga. Hy. No. 27 intersects an imaginary perpendicular line with the westerly right-of-way of Stewart County Road No. 150. At this point proceed in a northerly direction along the westerly right-of-way and easterly right-of-way of Stewart County Road No. 150 to a point where the imaginary line of the northwest corner of lands now or formerly owned by St. Regis Paper Co. intersects with a perpendicular line across County Road No. 150 to the westerly boundary line of said County Road at that point. Then proceed from that stated point to encompass all of that tract or parcel of land located in the 24th Land District of Stewart County, Georgia, and being located in Land Lots 28, 29, 36 and 37, as said land is more particularly described in that certain survey recorded in Plat Book 1, page 266 of the deed records located in the Clerk's office of the Superior Court of Stewart County, Georgia. This described land is further referenced as including the described demised premises as set forth in that certain deed from American Forest Products Corporation to St. Regis Paper Co., said deed being recorded in the office of the Clerk of the Superior Court of Stewart County, Georgia in Deed Book 63, page 222. (c) The corporate limits of the city shall also include such property annexed into the corporate limits as provided by law. Section 2. All laws and parts of laws in conflict with this Act are repealed. -SWJ 162- NOTICE OF INTENTION TO REQUEST LOCAL LEGISLATION CITY OF RICHLAND CORPORATE LIMITS Notice is hereby given that there will be requested for introduction in the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Richland, in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925) as amended, so as to add to the Page 5492 corporate limits of said City; to provide an effective date; to repeal conflicting laws; and for other purposes. The bill shall provide that the existing corporate limits shall be extended to include the following described land: Beginning at the existing westerly corporate limits of the City of Richland adjacent to Ga. Hy. No. 27, and including all that tract or parcel of land from the southerly right-of-way of Ga. Hy. No. 27 at that point to the northerly right-of-way of Seaboard Systems Rallroad; and then in a westerly direction for a distance of two and one-half miles parallel with the southerly right-of-way of said Ga. Hy. No. 27 and nor-northerly right-of-way of Seaboard Systems Railroad to a point where the southerly boundary line of Ga. Hy. No. 27 intersects an imaginary perpendicular line with the westerly right-of-way of Stewart County Road No. 150. At this point proceed in a northerly direction along the westerly right-of-way and easterly right-of-way of Stewart County Road No. 150 to a point where the imaginary line of the northwest corner of lands now or formerly owned by St. Regis Paper Co. intersects with a perpendicular line across County Road No. 150 to the westerly boundary line of said County Road at that point. Then proceed from that stated point to encompass all that tract or parcel of land located in the 24th Land District of Stewart County, Georgia, and being located in Land Lots 28, 29, 36, and 37, as said land is more particularly described in that certain survey rocorded in Plat Book 1, page 266 of the deed rocords located in the Clerk's office of the Superior Court of Stewart County, Georgia. This described demised premises as set forth in that certain deed from American Forest Products Corporation to St. Regis Paper Co., said deed being recorded in the office of the Clerk of the Superior Court of Stewart County, Georgia in Deed Book 63, page 222. This 18th day of February, 1986. /s/ Adolph McClendon, Mayor Gilbert Gunnells, Councilman George Brown, Councilman Paul Watson, Councilman T. V. Williams, Councilman Gerald H. Wiseman, Councilman (2:20) Page 5493 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: February 20, 1986. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL) Approved March 28, 1986. MOUNTAIN JUDICIAL CIRCUIT DISTRICT ATTORNEY'S INVESTIGATOR; COMPENSATION. No. 1370 (House Bill No. 2009). AN ACT To amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. L. 1973, p. 837), as amended by an Act approved February 26, 1982 (Ga. L. 1982, p. 158), so as to change the provisions relating to the compensation of the investigator; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 5494 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. L. 1973, p. 837), as amended by an Act approved February 26, 1982 (Ga. L. 1982, p. 158), is amended by striking subsection (a) of Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The District Attorney of the Mountain Judicial Circuit is authorized to employ an investigator for the Mountain Judicial Circuit. The District Attorney shall fix the compensation to be received by said investigator at a figure not to exceed $19,500.00 per annum; provided, however, that the District Attorney shall be authorized to increase annually the maximum amount payable to the investigator by a percentage not exceeding the average percentage of the cost-of-living increase granted to state employees by appropriations of the General Assembly of Georgia. It shall be within the full power and authority of said District Attorney during his term of office to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. Said investigator shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer and may perform the same duties as may be performed by a sheriff. In addition to his salary as herein provided, the investigator shall receive the same mileage allowance for the use of his private motor vehicle in the performance of his official duties as the mileage allowance received by the District Attorney. He shall receive such additional expenses as may be authorized by the District Attorney. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5495 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837, as amended by Ga. Laws 1982, p. 158), so as to increase the compensation of the investigator; to provide for future increases in his salary; to provide an effective date; to repeal conflicting laws; and for other purposes. (Feb. 13, 14b) GEORGIA, TOWNS COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wanda West, who, on oath, deposes and says that she is Publisher of the Towns County Herald, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on February 13, 1986. /s/ Wanda R. West Publisher Towns County Herald Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Allen Conley Notary Public. My Commission Expires 12-31-88. (SEAL). NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act providing for an investigator for the District Page 5496 Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837, as amended by Ga. Laws 1982, p. 158), so as to increase the compensation of the investigator; to provide for future increases in his salary; to provide an effective date; to repeal conflicting laws; and for other purposes. (Feb. 13, 14b) GEORGIA, UNION COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wanda West, who, on oath, deposes and says that she is Publisher of the North Georgia News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on February 13, 1986. /s/ Wanda R. West Publisher North Georgia News Sworn to and subscribed before me, this 14 day of February, 1986. /s/ Allen Conley Notary Public. My Commission Expires 12-31-88. (SEAL). NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837, as amended by Ga. Laws 1982, p. 158), so as to increase the compensation of the investigator; to provide for future increases in his salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 5497 1c-2-13 GEORGIA, HABERSHAM COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Williams, who, on oath, deposes and says that he is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on February 13, 1986. /s/ Bobby E. Williams Publisher Tri-County Advertiser Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Jane Long Bennett Notary Public. My Commission Expires Oct. 28, 1988. (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837, as amended by Ga. Laws 1982, p. 158), so as to increase the compensation of the investigator; to provide for future increases in his salary; to provide an effective date; to repeal conflicting laws; and for other purposes. 2/13, C PO1320 STATE OF GEORGIA, RABUN COUNTY. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James Wallace who on oath deposes and says that he is the publisher of THE CLAYTON TRIBUNE, a newspaper published in Page 5498 CLAYTON, GEORGIA, of general circulation, and that the attached advertisement has been published in THE CLAYTON TRIBUNE once a week for 1 weeks in the regular issues of 2-13-86, 1986. /s/ James Wallace Sworn to and subscribed before me, this 13 day of February, 1986. /s/ Betty J. Wallace (Notary Public,) RABUN COUNTY, GEORGIA. My Commission Expires June 10, 1989. (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837, as amended by Ga. Laws 1982, p. 158), so as to increase the compensation of the investigator; to provide for future increases in his salary; to provide an effective date; to repeal conflicting laws; and for other purposes. C07 GEORGIA, STEPHENS COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hamilton, who, on oath, deposes and says that he is Publisher of The Toccoa Record, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Toccoa Record which is the offical organ of Stephens County, on February 13, 1986. /s/ C. A. Hamilton Publisher The Toccoa Record Page 5499 Sworn to and subscribed before me, this 13 day of February, 1986. /s/ Denise MacKinnon Notary Public, Stephens Co., Ga. My Commission Expires 11/17/89. (SEAL) Approved March 28, 1986. COOK COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; SCHOOL SUPERINTENDENT; ELECTION; COMPENSATION. No. 1371 (House Bill No. 2010). AN ACT To provide for the election of the members of the Cook County Board of Education; to provide for election districts; to provide for qualifications; to provide for continuation in office of present members of the board; to provide for elections and terms of office; to provide for vacancies; to provide certain election procedures; to provide meetings; to provide for election of the chairman; to provide for succession to certain rights, powers, duties, and obligations; to provide for the election of the school superintendent; to provide for terms of office; to provide for compensation of the school superintendent; to provide for legislative intent and construction of this Act; to provide for the specific repeal of certain local Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Cook County Board of Education shall consist of five members. All future elections for the five members Page 5500 shall be conducted on the basis of single member voting districts, to be known as Education District 1, Education District 2, Education District 3, Education District 4, and Education District 5. Each such district is particularly described as follows: Education District 1 (Adel West) All boundaries will be the centerline of the street, road, stream or other identifiable boundary designated. Begin at a point on U. S. Highway 41 at the northernmost city limits of the City of Adel and follow the city limits in a westernly direction to a point where the city limits intersects with State Road 37. Thence southernly and easternly along the city limits of the City of Adel to a point where the city limits intersects with the Perry and South Georgia Railroad. Thence northeasternly along the Perry and South Georgia Railroad tracks to a point where the Perry and South Georgia Railroad tracks intersects with Seventh Street in the City of Adel. Thence along Seventh Street in the City of Adel to the intersection of Seventh Street and U. S. Highway 41. Thence northernly along U. S. Highway 41 to a point of beginning at the point where U.S. Highway 41 and the northernmost city limits of the City of Adel intersects. Education District 2 (Adel East) All boundaries will be the centerline of the street, road, stream or other identifiable boundary designated. Begin at a point on the eastern boundary between the counties of Cook and Berrien counties where State Road 76 intersects with New River and follow State Road 76 in a southwesternly direction to the intersection of State Road 76 and County Road 34. Thence westernly along County Road 34 to the intersection of County Road 34 and County Road 247 (S552). Page 5501 Thence westernly along County Road 247 (S552) to the intersection of County Road 247 and the city limits of the City of Adel. Thence westernly along the northern boundary of the city limits of the City of Adel to a point where the city limits meet County Road 164 (Patterson Road). Thence westernly along County Road 164 to the eastern boundary of the city limits of the Town of Sparks. Thence southernly along the boundary of the city limits of the Town of Sparks to the point where the city limits of the Town of Sparks intersects U. S. Highway 41. Thence southernly along U. S. Highway 41 to a point of intersection of U. S. Highway 41 and County Road 249 (S1214). Then follow the city limits of the City of Adel in a northernly direction to the point where the city limits of the City of Adel meets State Road 37. Thence easternly along State Road 37 to a point where State Road 37 intersects with New River on the eastern boundary between Cook and Berrien counties. Thence northernly along the run of New River to a point of beginning on New River where New River intersects with State Road 76. Education District 3 (Cecil-Greggs) All boundaries will be the centerline of the street, road, stream or other identifiable boundary designated. Begin at a point on Little River on the western boundary between Cook and Colquitt counties where Little River intersects with Pike's Creek and thence along Pike's Creek in an easternly and southernly direction to a point where Pike's Creek intersects with County Road 2. Thence in a westernly direction along County Road 2 to the intersection of County Road 2 and County Road 56. Page 5502 Thence southernly along County Road 56 to the intersection of County Road 56 and County Road 1. Thence easternly along County Road 1 to the intersection of County Road 1 and County Road 250. Thence northeasternly along County Road 250 to the city limits of the City of Adel. Thence southeasternly along the city limits of the City of Adel to the intersection of the Perry South Georgia Railroad. Thence northeasternly along the Perry South Georgia Railroad to the intersection of the Perry South Georgia Railroad and Seventh Street in the City of Adel. Thence easternly along Seventh Street in the City of Adel to the intersection of Seventh Street and U. S. Highway 41. Thence southernly along U. S. Highway 41 to a point of intersection of U. S. Highway 41 and County Road 249 (S1214). Thence follow the city limits of the City of Adel in a northernly direction to the point where the city limits of the City of Adel meets State Road 37. Thence easternly along State Road 37 to a point where State Road 37 intersects with New River on the boundary between Cook and Berrien County. Thence southwardly along the run of New River to a point where New River intersects the boundary line between the counties of Cook, Berrien and Lowndes. Thence westernly along the southern boundary between Cook and Lowndes County to a point where the county line intersects with Little River. Thence westernly and northernly along the run of Little River to a point of beginning where Pike's Creek intersects with Little River on the western boundary between Cook and Colquitt counties. Page 5503 Education District 4 (Sparks-Riverbend) All boundaries will be the centerline of the street, road, stream, or other identifiable boundary designated. Begin at the point on Little River on the western boundary between Cook and Colquitt counties where Big Branch intersects with Little River, thence in an easternly direction along Big Branch to a point where it intersects with County road 253 (Barneyville Road). Thence southeasternly along County Road 253 to a point where County Road 253 intersects with County Road 166 Thence southernly along County Road 166 to the intersection of County Road 166 and County Road 76. Thence southernly along County Road 76 to the intersection of County Road 76 and County Road 38. Thence southernly along County Road 38 to the intersection of County Road 38 and County Road 34. Thence southernly and easternly along County Road 34 to the intersection of County Road 34 and County Road 247. Thence southwesternly along County Road 247 to the northern city limits of the City of Adel. Thence follow the northern city limits of the City of Adel to a point where the city limits intersects with County Road 164 (Patterson Road). Thence westernly along County Road 164 to the city limits of the Town of Sparks. Thence southernly along the boundary of the Town of Sparks to a point of intersection with U. S. Highway 41. Thence southernly along U. S. Highway 41 to the city limits of the City of Adel. Thence westernly along the northern boundary of the city limits of the City of Adel, and southernly along the Page 5504 western boundary of the city limits of the City of Adel to a point of intersection with County Road 250. Thence southwesternly along County Road 250 to intersection of County Road 250 and County Road 1. Thence westernly along County Road 1 to intersection of County Road 56. Thence northernly along County Road 56 to intersection of County Road 56 and County Road 2. Thence easternly along County Road 2 to a point of intersection with Pike's Creek. Thence northernly and westernly along the run of Pike's Creek to a point where Pike's Creek intersects with Little River on the western boundary between Cook and Colquitt counties. Thence in a northernly direction along the run of Little River to the point of beginning where Little River intersects with Big Branch. Education District 5 (Lenox-Massee) All boundaries will be the centerline of the street, road, stream, or other identifiable boundary designated. Begin at the point on Little River on the western boundary between Cook and Colquitt counties where Big Branch intersects with Little River, thence in a easternly direction along Big Branch to a point where it intersects with County Road 253 (Barneyville Road). Thence southeasternly along County Road 253 to a point where County Road 253 intersects with County Road 166. Thence southernly along County Road 166 to the intersection of County Road 166 and County Road 76. Thence southernly along County Road 76 to the intersection of County Road 76 and County Road 38. Thence southernly along County Road 38 to the intersection of County Road 38 and County Road 34. Page 5505 Thence southernly and easternly along County Road 34 to the intersection of County Road 34 and State Road 76 (Adel-Nashville Highway). Thence northeasternly along State Road 76 to a point where State Road 76 intersects with New River on the boundary between Cook and Berrien counties. Thence northernly along New River on the boundary between Cook and Berrien counties until New River intersects at a point of boundary between Cook and Tift counties. Thence westernly along the northern boundary between Cook and Tift counties to a point where the northern boundary of Cook County intersects Little River. Thence southernly along Little River on the western boundary of Cook County to a point of beginning at the intersection of Little River and Big Branch. Section 2. The members of the Cook County Board of Education elected from Education Districts 1 through 5 shall be required to reside within the district from which elected and they shall be elected in any election, whether it be a primary, run-off, special, or general election, solely by the voters who reside in each member's respective district. Section 3. The present members of the Cook County Board of Education shall continue to hold office until the expiration of their normal terms of office and until their successors are elected and qualified, and they shall possess and have the duty and responsibility of exercising all of the power given them by law until so succeeded. Section 4. (a) The initial term of office of the board member elected by the special election held pursuant to a consent decree entered on July 11, 1985, by the United States District Court for the Middle District of Georgia in Cook County Voter Education Project v. Cook County Board of Education (Civil Action file 84-044-VAL) from Education District 1 shall begin on October 1, 1985, and shall continue until December 31, 1988, and until a successor is duly qualified and elected. The three board members elected in 1984 shall continue to hold office until expiration of their normal terms of office. The two board members elected to serve until December 31, 1986, shall continue to hold office until expiration of their normal terms of office. Page 5506 Candidates for the two board members' seats expiring in 1986 shall be elected from Districts 3 and 5 at the regularly scheduled elections for four-year terms of office and until their successors are elected and qualified. Board members from Education Districts 1, 2, and 4 shall be elected in 1988 in elections held pursuant to Chapter 2 of Title 21 of the O.C.G.A. for four-year terms and until their successors are elected and qualified. Except for the initial term of the member from Education District 1, members shall take office on the first day of January next following their election. (b) Successors to the members who are elected as provided for in subsection (a) of this section shall be elected at the general elections conducted in those years in which the respective terms of office shall expire, and they shall take office on the first day of January next following their election and serve for terms of four years and until their successors are duly elected and qualified. Section 5. In the event a member moves such member's residence from the district the member represents, that position on the board shall immediately become vacant. Vacancies occuring on the board shall be filled by special election pursuant to state law. Any person so elected to fill a vacancy on the board shall have the same qualifications as required for other candidates seeking election to that position as a member of the board. Section 6. Board members shall be elected by a majority vote of the electors residing in the district from which the candidate qualifies and voting in such election. Section 7. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as the board shall desire. Section 8. The Cook County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the old Cook County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 9. (a) The school superintendent of Cook County shall be elected at the 1984 general election by the voters of Page 5507 the county for a term of four years and until his successor is elected and qualified. The person so elected shall take office on January 1, 1985. The person elected shall receive a majority of the votes cast for such office. Thereafter, successors to such office shall be elected at the general election immediately preceding the expiration of the respective terms of office for terms of four years and until their successors are duly elected and qualified. (b) Beginning January 1, 1985, vacancies in the office of county school superintendent shall be filled according to general law. Section 10. The county school superintendent shall receive such compensation not in conflict with general law as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act. Section 11. In any instance in which the construction of any provision of this Act is in question, this Act shall be construed if possible to be in conformity with the consent decree entered on July 11, 1985, by the United States District Court for the Middle District of Georgia in Cook County Voter Education Project v. Cook County Board of Education (Civil Action File No. 84-044-VAL). Section 12. An Act providing for the election of members of the board of education of Cook County, approved April 4, 1967 (Ga. L. 1967, p. 2507), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 3749), is repealed in its entirety. Section 13. All laws and parts of laws in conflict with this Act are repealed. Notice NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular Page 5508 session of the General Assembly of Georgia a bill to create a five member Cook County Board of Education pursuant to a consent decree entered on July 11, 1985 by the United States District Court for the Middle District of Georgia in Cook County Voter Education Project vs. Cook County Board of Education; and for other purposes. This the 18th day of February, 1986. /s/ THOMAS McCLAIN, P.C. By: Howard E. McClain Attorney for Cook County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News-Tribune which is the official organ of Cook County, on the following date: February 19, 1986. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (Seal). Approved March 28, 1986. Page 5509 CITY OF MARIETTA COMBINED WATER, SEWERAGE, AND ELECTRIC SYSTEMS; BONDS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1372 (House Bill No. 1772). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to combine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72; H.R. 332-787a; Ga. L. 1958, p. 425); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment authorizing the City of Marietta to combine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72; H.R. 332-787a; Ga. L. 1958, p. 425) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-545 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 5510 in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to combine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72; H.R. 332-787a; Ga. L. 1986, p. 425); to provide the authority for this Act; and for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken Representative 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL) Approved March 28, 1986. Page 5511 FLOYD COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 1373 (House Bill No. 1821). AN ACT To provide a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal a certain prior homestead exemption; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) `General law exemption' means that homestead exemption from state and county ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. to persons 65 years of age or over. (2) `Homestead' means homestead as defined and qualified in Code Section 48-5-40. (3) `Net income' means net income for purposes of computing net taxable income under Chapter 7 of Title 48, relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. Section 2. Each resident of Floyd County who is 65 years of age or over is granted an exemption on that person's homestead from all Floyd County ad valorem taxes in an amount Page 5512 which is the greater of $4,000.00 or the exemption amount granted by the general law exemption, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $10,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The tax commissioner of Floyd County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the net income of the owner and that person's spouse who occupies and resides on the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4. Any person who has applied for and been granted for 1986 the general law exemption or a similar homestead exemption from Floyd County ad valorem taxes (Ga. L. 1979, p. 1819), shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the tax commissioner of Floyd County in the event that person for any reason becomes ineligible for the exemption granted by this Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, municipal taxes, or independent school district taxes. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Floyd County ad valorem taxes levied for county, but not school, purposes. Section 7 That amendment to the Constitution which provides a $4,000.00 homestead exemption from Floyd County ad valorem taxes to persons 65 years of age or over (Ga. L. 1979, p. 1819) is repealed when the exemption granted by this Act becomes effective. Page 5513 Section 8. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 9. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 10. Not less than 30 nor more than 90 days prior to the date of the August, 1986, primary, it shall be the duty of the election superintendent of Floyd County to issue the call for an election for the purpose of submitting this Act to the electors of Floyd County for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1986, primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act providing a $4,000.00 homestead exemption from Floyd County ad valorem taxes for residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 9 shall become of full force and effect immediately; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Floyd County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are repealed. Page 5514 582 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill to provide a $4,000.00 homestead exemption from Floyd County ad valorem taxes for residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 18th day of January, 1986. Honorable E. M. Childers Representative, 15th District Forrest McKelvey Paul E. Smith Ed Hine GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: January 23, 1986. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL) Approved March 28, 1986. Page 5515 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY DOWNTOWN MARIETTA DISTRICT. No. 1374 (House Bill No. 1840). AN ACT To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, so as to enlarge the Downtown Marietta District; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, is amended by adding at the end of Section 3 the following: Also, all that tract or parcel of land lying and being in Land Lot 1159 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the centerline of Polk Street and the centerline of the right of way of the L N Railroad and running thence north along said railroad right of way to the intersection thereof with the centerline of the right of way of the Marietta Loop as finally determined; running thence southwesterly along said Marietta Loop to the intersection thereof with Polk Street; running thence easterly along Polk Street to the point of beginning; Also, all rights of way of Roswell Street from Cobb Parkway to Washington Avenue, Cobb Parkway from Roswell Street to Clay Street (Ga. 120 Loop, South), Clay Street and Ga. 120 Loop, South from Cobb Parkway to Powder Springs Street, and Fairground Street from Clay Street to Roswell Street, as well as all properties fronting thereon the owners of which request annexation into the Downtown Marietta Page 5516 District in writing to the Authority and which are approved by the Marietta City Council; Also, all that tract or parcel of land lying and being in Land Lots 1237, 1238, 1283 and 1284 of the 16th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin located on the southwesterly right of way line of U.S. Highway 41 (Cobb Parkway), said iron pin marking the point where said right of way line is intersected by the south line of said Land Lot 1283, said line also being the line dividing the 16th and 17th Districts of said county; running thence North 89 degrees 42 minutes 48 seconds West along the south line of Land Lot 1283 and along the south line of Land Lot 1234, a distance of 1335.61 feet to an iron pin; running thence North 89 degrees 39 minutes 00 seconds West along the south line of Land Lot 1284, a distance of 1,109.34 feet to an iron pin; running thence North 00 degrees 23 minutes 40 seconds West along the west line of Land Lot 1284, a distance of 827.10 feet to a point; running thence North 89 degrees 36 minutes 20 seconds East a distance of 75.00 feet to a point; running thence North 00 degrees 23 minutes 40 seconds West a distance of 75.00 feet to a point; running thence South 89 degrees 36 minutes 20 seconds West a distance of 75.00 feet to a point on the west line of Land Lot 1284; running thence North 00 degrees 23 minutes 40 seconds West along the west line of Land Lot 1284 and along the west line of Land Lot 1237, a distance of 253.60 feet to an iron pin; running thence South 89 degrees 41 minutes 30 seconds East a distance of 902.00 feet to an iron pin; running thence North 00 degrees 30 minutes 00 seconds West a distance of 544.20 feet to an iron pin; running thence South 89 degrees 33 minutes 40 seconds East a distance of 759.62 feet to an iron pin on the southwesterly right of way line of said Cobb Parkway; running thence South 25 degrees 03 minutes 30 seconds East along said right of way line, a distance of 1,879.61 feet to the iron pin at the point of beginning; Also, all those tracts of land contiguous to the present or future boundaries of the Authority which have historically been considered in downtown Marietta, the owners of which request annexation into the Downtown District in Page 5517 writing to the Authority and which are approved by the Marietta City Council. Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. L-818 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia, a bill to amend an Act creating the Downtown Marietta Development Authority approved April 10, 1971 (Ga. L. 1971, p. 3450), as heretofore amended and for other purposes. This 3rd day of January, 1986. Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thomson Terry Lawler Fred Aiken Johnny Isakson Page 5518 Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3,10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry D. Lawler, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986, January 10, 1986. /s/ Terry D. Lawler Representative, 20th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. BARROW COUNTY AIRPORT AUTHORITY CREATION. No. 1375 (House Bill No. 1845). AN ACT To amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, Page 5519 approved March 25, 1958 (Ga. L. 1958, p. 3087), so as to create and establish the Barrow County Airport Authority as the successor to the Winder-Barrow Airport Authority; to provide for the election and appointment of members; to provide for terms of office and qualifications; to provide for the conveyance of certain property; to provide for powers and duties; to provide for revenues and expenses; to provide for control and expenditure of certain funds; to provide for books and accounts; to provide for ratification of certain contracts, options, commitments, and leases; to provide for legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, approved March 25, 1958 (Ga. L. 1958, p. 3087), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. There is created and established the Barrow County Airport Authority as the successor to the Winder-Barrow Airport Authority for the purposes and with the powers, duties, and authority hereinafter set out and as may be reasonably implied. Section 2. Said Act is further amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The authority shall be composed of five members, all of whom shall be elected and appointed by a majority vote of the Board of Commissioners of Barrow County. The authority so constituted shall elect its own chairman annually from the membership of the authority. Section 3. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The terms of the first members of the authority elected and appointed under this Act shall be as follows: (1) Two members shall serve for initial one-year terms; two members shall serve for initial two-year Page 5520 terms; and one member shall serve for an initial three-year term. (2) Thereafter, all members appointed or elected shall serve for a three-year term and until their successors are appointed or elected and qualified. (b) To qualify for election or appointment as a member of the authority, a person shall have been a resident of Barrow County for a period of not less than five years. Any person who holds an elected office or is an employee of Barrow County is disqualified to serve during the tenure of such person's office or employment and for a period of one year thereafter. Section 4. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. All land area contained in the Barrow County Airport, formerly known as the Winder-Barrow Airport, shall be conveyed by deed to the Barrow County Airport Authority. The authority shall be a legal entity with the power to sue and be sued. Section 5. Said Act is further amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. The authority shall have the right to lease or assign to private persons, firms, corporations, governmental agencies, or political subdivisions all or any portion of the space, area, and improvements of and equipment not previously leased or assigned or encumbered or optioned prior to this Act of such airports or landing fields, provided that the public is protected in its rightful, equal, and uniform use of such airports or landing fields. In the event the authority should ever sell such airports or landing fields or any portions thereof, the proceeds shall first be applied to outstanding debt of the authority, then to any required reimbursement of state or federal agencies, and the net proceeds, if any, shall be divided equally between the City of Winder, Georgia, and Barrow County, Georgia. Section 6. Said Act is further amended by striking Section 8 and inserting in its place a new Section 8 to read as follows: Page 5521 Section 8. All fees, charges, tolls, rentals, or other revenues derived from the operation or lease of such airports or landing fields shall be used by said authority to meet in whole or in part the expenses of operation and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess shall be used for further developments or improvements on such airports or the equipment of such airports or landing fields and if not so used may, at the discretion of the authority, be paid to Barrow County. Section 7. Said Act is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows: Section 9. Said authority shall have the control and expenditure of any funds that may be appropriated to it by Barrow County for the construction, development, maintenance, improvement, and operation of such airports or landing fields; provided, however, that no funds appropriated by Barrow County shall be expended until the county has appropriated and actually deposited such appropriations with said authority. Section 8. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: Section 10. Said authority shall keep separate books and accounts showing receipts from all sources and expenditures for all purposes and shall deposit all funds received by it, including appropriations that may be made by Barrow County and all revenues from the operation or lease of such airports or landing fields, in a bank named as depository by the authority. Said depository shall be in Barrow County. Section 9. Said Act is further amended by striking Section 11 and inserting in its place a new Section 11 to read as follows: Section 11. The contracts, options, commitments, and leases that have been heretofore entered into and executed by the City of Winder, the County of Barrow, and the Winder-Barrow Airport Authority are hereby expressly ratified, confirmed, and transferred as a part of the authority and the authority's duties, rights, and obligations. Page 5522 Section 10. It is the intention of this Act to create and establish the Barrow County Airport Authority as the successor to the Winder-Barrow Airport Authority and to the duties, powers, and obligations of the Winder-Barrow Airport Authority. On and after the effective date of this Act, the City of Winder shall no longer have any interest or control over the authority or the operation of the airport and shall have no liability for the acts of the authority or the operation of the airport. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating and establishing an Airport Authority for Barrow County and the City of Winder, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3087); and for other purposes. This 22 day of January, 1986 /s/ John E. Stell John E. Stell, Jr. County Attorney Barrow County, Georgia 1-29-1tc GEORGIA BARROW COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, JOHN D. RUSSELL, who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of the Notice of Intention to Introduce Local Legislation was published in The Winder News which is the official organ of Barrow County, on the following date: January 29, 1986. Page 5523 /s/ John D. Russell, Representative, 64th District Sworn to and subscribed before me, this 13th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF SMYRNA HOMESTEAD EXEMPTION FOR DISABLED RESIDENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1376 (House Bill No. 1855). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 227 (S.R. No. 317) enacted during the 1976 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1929) and which provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 227 (S.R. No. 317) enacted during the 1976 session of the General Assembly and which was duly Page 5524 ratified at the 1976 general election (Ga. L. 1976, p. 1929) and which provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. LOCAL LEGISLATION L-704 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitution amendment which was proposed by Resolution Act No. 227 (S.R. No. 317) enacted during te 1976 session of the General Assembly and which was duly ratified at the 1976 general election (Ga. L. 1976, p. 1929) and which provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year; and for other purposes. This 7th day of February, 1986. /s/ Frank Johnson Honorable Frank Johnson Representative, 21st District 2-14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank B. Johnson, who, on oath, deposes and says that he is Representative from the Page 5525 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 14, 1986. /s/ Frank B. Johnson Representative, 21st District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF SMYRNA HOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1377 (House Bill No. 1856). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 41 (H.R. No. 241-859) enacted during the 1979 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1979, p. 1844) and which authorizes the Mayor and Council of the City of Smyrna to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of certain residents of the City of Smyrna; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5526 Section 1. That constitutional amendment which was proposed by Resolution Act No. 41 (H.R. No. 241-859) enacted during the 1979 session of the General Assembly and which was duly ratified at the 1980 general election (Ga. L. 1979, p. 1844) and which authorizes the Mayor and Council of the City of Smyrna to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of certain residents of the City of Smyrna shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. L-540 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Smyrna to exempt up to $4,000.00 of the homestead of residents who are 65 years of age or over and who have resided in the city for three years from city ad valorem taxes (Res. Act No. 189, H.R. 623-1176; Ga. L. 1962, p. 976 as amended by Res. Act No. 212; H.R. 891-1616; Ga. L. 1972, p. 1440; as amended by Res. Act No. 41; H.R. 241-850, Ga. L. 1970, p. 1844), to provide authority for this Act, ad for other purposes. This 5th day of February, 1986. Fred Aiken Honorable Fred Aiken Representative, 21st District 2:7 Page 5527 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank B. Johnson, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 7, 1986. /s/ Frank B. Johnson Representative, 21st District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CHATHAM COUNTY MAGISTRATE COURT; JUDGE EMERITUS; ADDITIONAL MAGISTRATES; COMPENSATION. No. 1378 (House Bill NO. 1877). AN ACT To amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended by an Act approved March 20, 1985 (Ga. L. 1985, p. 4028), so as to change the provisions relating to the judge emeritus of the magistrate court; to provide for the appointment of additional magistrates; to provide for compensation; to provide Page 5528 for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended by an Act approved March 20, 1985 (Ga. L. 1985, p. 4028), is amended by striking subsections (b), (c), and (d) of Section 3 in their entirety and substituting in lieu thereof, respectively, new subsections (b), (c), and (d) to read as follows: (b) The judge emeritus of the Municipal Court of Savannah shall receive an annual salary of $19,800.00 as a retirement benefit. The salary of the judge emeritus shall be paid from the funds of Chatham County. Nothing in this Act shall be construed as prohibiting the judge emeritus of the Municipal Court of Savannah from being appointed as a magistrate pursuant to subsection (c) of this section and from receiving additional compensation as such. (c) Additional magistrates may be appointed as provided in Chapter 10 of Title 15 of the O.C.G.A. The cases and other workload of the court shall be assigned to such additional magistrates by the chief magistrate. Any magistrate appointed under this subsection shall meet the qualifications of a magistrate as provided in Chapter 10 of Title 15. (d) A magistrate appointed under subsection (c) of this section shall have such office space and secretarial and clerical assistance as shall be assigned by the chief magistrate. A magistrate appointed under subsection (c) of this section shall receive such compensation as shall be fixed by the governing authority of Chatham County but the chief magistrate may recommend the amount of such compensation to said governing authority. The compensation of additional magistrates appointed under subsection (c) of this section shall be paid from funds of Chatham County. Page 5529 Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Affidavit of Publication Savannah Morning News STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, SAUNDRA G. WILLIAMS, to me known, who being sworn, deposes and says: That she is the INSIDE SALES SUPERVISOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That she has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Feb. 7, 1986, and finds that the following advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Chatham County, approved March 21, 1984 (Ga. L. 1984, P. 4422, as amended; and for other purposes. This 3rd day of February, 1986. Page 5530 Roy L. Allen State Rep. Dist. 127th Feb. 7 N appeared in each of said editions. /s/ Saundra G. Williams (Deponent) Sworn to and subscribed before me, this 7 day of February, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989. (SEAL). Approved March 28, 1986. DEKALB COUNTY LAND USE STUDY COMMISSION RE-CREATION. No. 1379 (House Bill No. 1881). AN ACT To re-create the DeKalb County Land Use Study Commission to carry out certain advisory functions and studies with respect to land use planning for DeKalb County and the metropolitan Atlanta area; to provide for the members of the commission and their selection and service; to provide for payment of expenses of the commission from funds of DeKalb County; to provide for the abolition of the commission; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5531 Section 1. There is re-created the DeKalb County Land Use Study Commission, referred to in this Act as the commission. The commission shall consist of the 15 members appointed under H.R. 232 of the 1985 General Assembly. Section 2. The purpose of the commission shall be to: (1) Cooperate with and assist DeKalb County in the development of a new comprehensive land use plan for DeKalb County; (2) Review, evaluate, and make suggestions to DeKalb County on issues related to the plan and its development; (3) Cooperate and coordinate its activities with the activities of any other body or group studying land use and zoning issues in the metropolitan Atlanta area; and (4) Prepare a report to be submitted to the DeKalb County delegations of the House of Representatives and the Senate, and to the governing authority of DeKalb County by not later than December 1, 1986. Section 3. The members of the commission shall receive no compensation for serving on the commission; but the governing authority of DeKalb County may in its discretion provide for reimbursement from county funds of amounts actually and reasonably expended by members of the commission in the performance of their duties. The governing authority of DeKalb County shall furnish the commission with meeting rooms, facilities, supplies, and staff support as necessary for the performance of the commission's duties. Section 4. The chairperson and vice-chairperson of the commission shall be designated by the chairperson of the DeKalb County Senate delegation and House of Representatives delegation. The commission shall meet on the call of the chairperson. Section 5. The commission shall be abolished as of December 1, 1987. Page 5532 Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a resolution to recreate the DeKalb County Land Use Study Commission; to provide for related matters; and for other purposes. Cathey W. Steinberg Representative, District 46 16-3784,2[prime]13 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation intention-County Land use, study Cathy Steinberg a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13th day of February, 1986. /s/ Gerald Wm. Crane, Co-Publisher (by) Linda L. Orr, Agent Sworn to and subscribed before me, this 13th day of February, 1986. /s/ B. Lynn Crane Notary Public. My Commission expires December 4, 1989. (SEAL). Approved March 28, 1986. Page 5533 CITY OF MACON AND BIBB COUNTY CONSOLIDATION OF TAX ASSESSMENTS AND COLLECTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1380 (House Bill No. 1886). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb relating to the time, manner, and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb, and State of Georgia (Res. Act No. 215; S.R. 199; Ga. L. 1964, p. 1067); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb relating to the time, manner, and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb, and State of Georgia (Res. Act No. 215; S.R. 199; Ga. L. 1964, p. 1067) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Page 5534 Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14. Official Code of Georgia Annotated, notice is hereby given of intention to introduce in the 1986 Session of the General Assembly of Georgia the following local legislation: A Bill to be Entitled an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb relating to the time, manner, and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb, and State of Georgia (Res. Act No. 215; S. R. 199; Ga. L. 1964, p. 1067); to provide the authority for this Act; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1986. EMORY GREENE, Chairman Board of Commissioners of Bibb County, Georgia. 2/8,1986-589592 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit, Page 5535 and that advertisement as per attached clipping has been published in the Macon Telegraph and News on the following dates: 02/8 /s/ Bob Preston Sworn to and subscribed before me this 08 day of February, 1986. /s/ Dawn H. Waites Notary Public, Bibb County, Georgia. My Commission Expires August 1, 1987. (SEAL). Bibb Co. Board of Commissioner Room 307 Courthouse Macon GA 31201 Approved March 28, 1986. CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS; COMPENSATION. No. 1381 (House Bill No. 1949). AN ACT To amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. L. 1966, p. 2003), an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), an Act approved March 13, 1968 (Ga. L. 1968, p. 2281), an Act approved March 31, 1976 (Ga. L. 1976, p. 3726), an Act approved March 25, 1980 (Ga. L. 1980, p. 3935), and an Act approved March 19, 1984 (Ga. L. 1984, p. 4359), so as to change Page 5536 the compensation of the members of said board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. L. 1966, p. 2003), an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), an Act approved March 13, 1968 (Ga. L. 1968, p. 2281), an Act approved March 31, 1976 (Ga. L. 1976, p. 3726), an Act approved March 25, 1980 (Ga. L. 1980, p. 3935), and an Act approved March 19, 1984 (Ga. L. 1984, p. 4359), is amended by striking from Section 2 the unnumbered paragraph which reads as follows: The members of the board shall receive as compensation the amount of $100.00 for the first meeting of every month and $50.00 for the second meeting of every month; provided, however, that the board may meet a greater number than two times in any one month but shall not receive additional compensation for those extra meetings. The members of the board shall serve at the pleasure of the governing authority of Catoosa County and any member may be removed from said board before the expiration of his term, with or without cause, by the governing authority of Catoosa County., and inserting in lieu thereof a new unnumbered paragraph to read as follows: The chairman of the board shall receive as compensation the amount of $300.00 per month and all other members shall receive as compensation the amount of $200.00 per month for attending all meetings held in any month. The members of the board shall serve at the pleasure of the governing authority of Catoosa County and any member may be removed from said board before the expiration of such member's term, with or without cause, by the governing authority of Catoosa County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Page 5537 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be requested local legislation to increase the salary of the Board of Utilities Commissioners of Catoosa County, Georgia, and for other purposes at the January, 1986, Session of the General Assembly of the State of Georgia. This 23rd day of December, 1985. (S) James A. Moreland, Commissioner, Catoosa County, Georgia. 3tc, 1-1,8,15 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 1, 1986. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5538 CATOOSA COUNTY HOSPITALIZATION INSURANCE FOR CERTAIN ELECTED OFFICERS; BUDGETS; BIDS. No. 1382 (House Bill No. 1950). AN ACT To amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3347), so as to provide for hospitalization insurance for certain elected officers of the county to be continued after they cease to hold office; to provide conditions for such insurance, including the payment of the full cost thereof by such officers; to revise provisions for the budgetary proceedings and fiscal affairs of the county; to provide for competitive and negotiated bids and the methods and procedures connected therewith; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3347), is amended by striking Section 11A which reads as follows: Section 11A. The Commissioner shall provide hospitalization insurance for all employees, except elected officials other than the clerk of the superior court, tax commissioner, judge of the probate court, sheriff, coroner and county commissioner, whose salaries are paid from county funds. Fifty percent (50%) of the cost of such insurance shall be paid from county funds, and fifty percent (50%) of the cost of such insurance shall be paid by the employee. Provided, however, the Commissioner may continue paying from the county treasury the entire cost of hospitalization insurance for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973., Page 5539 and inserting in its place a new Section 11A to read as follows: Section 11A. (a) The commissioner shall provide hospitalization insurance for all employees, except elected officials, whose salaries are paid from county funds. Fifty percent of the cost of such insurance shall be paid from county funds and 50 percent of the cost of such insurance shall be paid by the employee. The commissioner may, however, continue paying from the county treasury the entire cost of hospitalization insurance for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973. (b) The following elected officers of the county may participate in the hospitalization insurance program on the same basis as other county employees, except that such elected officers shall pay the entire cost of such insurance: clerk of superior court; tax commissioner; judge of probate court; sheriff; coroner; and county commissioner. Any such elected officer may continue to participate in such program after ceasing to hold such office if: (1) Such person served in such office for at least 15 years; and (2) Such person pays to the county the full cost of such insurance in advance. Section 2. Said Act is further amended by striking Sections 16, 16.1, and 16.2 in their entirety and substituting in their stead a new Section 16 to read as follows: Section 16. (a) The commissioner shall require competitive bids on all purchases made for or on behalf of the county of material, supplies, or new equipment not required to be purchased in accordance with O.C.G.A., Code Section 36-10-2, involving an expenditure of $10,000.00 or more. Solicitation for such bids shall be made by advertisement in the legal organ of the county at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract. Page 5540 (b) All contracts requiring competitive bids shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid. The commissioner shall have the right to reject any and all bids. (c) Bids shall be opened in public by the commissioner, who shall canvass the bids and award the contract according to the provisions of this section. Every bid conforming to the terms of the advertisement required by this section, together with the name of the bidder and a designation of the successful bidder, shall be subject to public inspection during regular business hours in the office of the commissioner of Catoosa County for a period of at least two years after the award or letting of the contract. (d) Nothing in this section shall prohibit the commissioner from purchasing used equipment at a public auction or from purchasing used equipment at a private sale provided that the terms of the sale, including the name of the seller, description of the equipment and purchase price, are advertised in the legal organ of the county at least once and at least ten days prior to the closing of the private purchase. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 398), as amended, particularly an Act approved April 22, 1981 (Ga. L. 1981, p. Page 5541 4622), so as to provide for budgeting and auditing and the procedures therewith; to provide for competitive and negotiated bids and the methods and procedures connected therewith; to delete certain provisions of the Act approved April 22, 1981; to provide for hospitalization insurance for certain county officials after their retirement or removal from office; to provide for the cost of such insurance; to provide for an effective date; to repeal conflicting law; and for other purposes. This 13th day of January, 1986. Robert G. Peters State Representative, District II 1tc, 1-15 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 15, 1986. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5542 TWIGGS COUNTY SCHOOL SUPERINTENDENTS; APPOINTMENT; REFERENDUM. No. 1383 (House Bill No. 1959). AN ACT To provide that future school superintendents of the Twiggs County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a special election for the approval or disapproval of the foregoing by the voters of the Twiggs County School District; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The school superintendent of the Twiggs County School District in office on the effective date of this section shall serve out the term of office for which he was elected, such term of office expiring January 1, 1989. Thereafter, future school superintendents of the Twiggs County School District shall be appointed by the board of education of Twiggs County rather than elected; and no election for school superintendent of the Twiggs County School District shall be held in 1988 or thereafter. Section 2. The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for an additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Page 5543 Section 3. Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Twiggs County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Twiggs County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Twiggs County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for future school superintendents of the Twiggs County School District to be appointed by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, said Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Twiggs County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed. Page 5544 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that future school of Georgia a bill to provide that future school superintendents of the Twiggs County School District shall be appointed by the board of education of Twiggs County; to provide for a special election for the approval or disapproval of the foregoing by the voters of the Twiggs County School District; to provide for all related matters; and for other purposes. This 1st day of February, 1986. Kenneth W. Birdsong State Representative District 104 2/5,12,19,26 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following date: February 5, 1986; February 12, 1986. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 18th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5545 SPALDING COUNTY CORONER; COMPENSATION. No. 1384 (House Bill No. 1961). AN ACT To amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p. 4129), and an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p. 4129), and an Act approved March 21, 1984 (Ga. L. 1984, p. 4534) is amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. From and after June 30, 1986, the Coroner of Spalding County shall be paid a salary at the rate of $5,000.00 per annum, which compensation shall be apportioned and payable for the last six months of the current Page 5546 year, 1986, at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County. In addition thereto, said officer shall receive $1,000.00 as an expense allowance for the last six months of the current year, 1986, and $2,000.00 per annum thereafter, to cover and provide in full for his expenses of travel within Spalding County each year, which allowance shall be payable from the funds of said county. Said compensation and expense allowance shall be payable in equal monthly installments, as accrued, on the last day of each month, which compensation and expense allowance shall be in full payment of all services rendered by said officer and shall be inclusive. Said officer shall not receive any other compensation for services performed or for expenses of travel within Spalding County incurred by him as coroner of said county. Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL 5058 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to change the compensation of the Coroner of Spalding County; to repeal all conflicting laws and fo other purposes. This 4th day of February, 1986. MAUREEN C. JACKSON, as Clerk of the Board of Commissioners of Spalding County, Georgia. Feb. 8, 1986 Page 5547 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is a Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Legislation was published in the Griffin Daily News, which is the official Organ of Spalding County, on the following date: February, 1986 /s/ John L. Mostiler, Representative, 71st District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CITY OF DALTON BUILDING AUTHORITY LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1385 (House Bill No. 1996). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 103 of the 1968 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1466) and which relates to the creation, operation, and powers of the City of Dalton Building Authority; to provide for related matters; to provide the authority for this Act; to repeal conflicting laws; and for other purposes. Page 5548 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment which was proposed by Resolution Act No. 103 of the 1968 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1466) and which relates to the creation, operation, and powers of the City of Dalton Building Authority shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue in force and effect as a part of the Constitution of the State of Georgia that consitiutional amendment which was proposed by Resolution Act No. 103 of the 1968 General Assembly and which was duly ratified at the 1968 general election (Ga. L. 1968, p. 1466) and which relates to the creation, operation, and powers of the City of Dalton Building Authority; to provide for related matters; and for other purposes. This 10th day of February, 1986. ROGER WILLIAMS STATE REPRESENTATIVE DISTRICT 6, POST 1 2-14,2-21 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, Page 5549 duly authorized to administer oaths, Roger Williams, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dalton Daily Citizen-News which is the official organ of Whitfield County, on the following date: February 14, 1986; February 21, 1986. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY MEMBERS; APPOINTMENT; TERMS; VACANCIES; MEETINGS. No. 1386 (House Bill No. 2012). AN ACT To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4350), so as to provide for the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies; to provide for the organizational meeting of the authority; to repeal conflicting laws; and for other purposes. Page 5550 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4350), is amended by striking subsections (a) through (f) of Section 3, which read as follows: (a) The authority shall consist of seven members. The board of commissioners of Cobb County shall choose three members who shall serve as members of Posts 1, 2, and 3, respectively. The council of the City of Marietta shall choose three members who shall serve as members of Posts 4, 5, and 6, respectively. The seventh member who shall serve as a member of Post 7 shall be chosen by a majority vote of the members of Posts 1 through 6. (b) Should the members of Posts 1 through 6 fail to appoint a member of the authority as provided herein within 30 days of a vacancy in Post 7, any person may bring an action in the Superior Court of Cobb County alleging a failure to appoint such a member. The senior judge of such court shall issue a rule nisi ordering the members of the authority to show cause why a seventh member should not be appointed. After a hearing as described herein the senior judge may appoint a member to serve in Post 7 or take other action to fill said post. (c) The members of the authority shall serve for a term of five years or until their successors are selected and qualified. The terms of the initial members of the authority shall expire as follows: Post 1 June 1, 1983 2 June 1, 1984 3 June 1, 1985 4 June 1, 1983 5 June 1, 1984 6 June 1, 1985 7 June 1, 1985 Page 5551 (d) Vacancies on the authority shall be filled by the body designated to fill such posts described in subsection (a) above. The appointment of any person to fill an expired term shall be only for the remainder of such term. (e) The board of commissioners and council of the City of Marietta shall proceed to select the members of the authority immediately after the effective date of this Act. Immediately after the selection of the members appointed by the board of commissioners and council of the City of Marietta, the members shall meet and select a member for Post 7 as required by this Act. (f) After selection of a person to serve in Post 7, the members shall organize and enter upon the performance of their duties., and inserting in lieu thereof new subsections (a) through (f) of Section 3 to read as follows: (a) The authority shall consist of seven members from posts appointed as provided in this section. The member from Post 1 shall be appointed by the council of the City of Marietta. The member from Post 2 shall be appointed by the Cobb Municipal Association and shall be a mayor or city council member from a municipal corporation, other than the City of Marietta, located within Cobb County. The member from Post 3 shall be appointed by the board of commissioners of Cobb County. The member from Post 4 shall be appointed by the Cobb County Chamber of Commerce. The member from Post 5 shall be a manager of a hotel, motel, or amusement park and shall be appointed by the Tourism Division of the Cobb County Chamber of Commerce. The member from Post 6 shall be appointed by the Cobb County Board of Parks and Recreation. The member from Post 7 shall be the chairman of the board of commissioners of Cobb County. (b) The first members appointed from Posts 1, 3, and 5 shall serve for a term of three years and until their successors are selected and qualified. The first members appointed Page 5552 from Posts 2, 4, and 6 shall serve for terms of five years and until their successors are selected and qualified. Thereafter, the members from Posts 1 through 6 shall be appointed for terms of five years and until their successors are selected and qualified. The member from Post 7 shall serve ex officio. (c) Vacancies on the authority shall be filled by the body which made the initial appointment for the post as provided in subsection (a) of this section. Any appointment to fill a vacancy shall be only for the remainder of the term of office vacated. (d) Initial appointments to the authority shall be made on or before May 1, 1986. (e) After all initial appointments have been made, the members of the authority shall organize and enter upon the performance of their duties. (f) The member from Post 7 shall serve as chairman of the authority for the purposes of calling the organizational meeting of the authority and presiding over the election of officers of the authority. Section 2. All laws and parts of laws in conflict with this Act are repealed. L-830 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended; to provide for related matters; and for other purposes. This 3rd day of January, 1986. Page 5553 Roy E. Barnes Haskew Brantley Jim Tollison Carl Harrison Joe Mack Wilson A.L. Burruss Steve Thompson Terry Lawler Freds Aiken Johnny Isakson Bill Atkins Frank Johnson Tom Wilder Bill Cooper 1:3:10 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 3, 1986; January 10, 1986. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5554 HABERSHAM COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 1387 (House Bill No. 2016). AN ACT To amend an Act creating a board of commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2619), an Act approved February 27, 1969 (Ga. L. 1969, p. 2069), an Act approved February 27, 1969 (Ga. L. 1969, p. 2079), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3320), so as to change the compensation of the chairman and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2619), an Act approved February 27, 1969 (Ga. L. 1969, p. 2069), an Act approved February 27, 1969 (Ga. L. 1969, p. 2079), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3320), is amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. The chairman of the board of commissioners shall be compensated in the amount of $600.00 per month, and the other members shall be compensated in the amount of $500.00 per month. Each member, including the chairman, shall also receive a per diem of $10.00 plus necessary expenses while outside the county on official business; provided, however, that the per diem and necessary expenses shall be set by the grand jury, and any future changes in said per diem and necessary expenses shall also be effectuated by the grand jury. Such compensation and expenses shall be paid from the funds of Habersham County. Section 2. This Act shall become effective on January 1, 1987. Page 5555 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 regular session of the General Assembly of Georgia a bill to amend an act to create a Board of Commissioners of Roads and Revenue for Habersham County (Georgia Laws 1956, page 2077) and all acts amendatory thereof, to increase compensation of the County Commissioners. 1c-2-6 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: February 6, 1986. /s/ Mary Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5556 BULLOCH COUNTY CLERK OF THE SUPERIOR COURT; EMPLOYEES' COMPENSATION. No. 1388 (House Bill No. 2017). AN ACT To amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4017), so as to change the compensation of the employees of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the Superior Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4017), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The clerk of the superior court is authorized to employ a deputy clerk, a docket clerk, and a typist. The deputy clerk shall receive a salary not to exceed $11,617.00 per annum, the docket clerk shall receive a salary not to exceed $10,665.00 per annum, and the typist shall receive a salary not to exceed $10,000.00 per annum. Such salaries shall be fixed by the clerk of the superior court and shall be payable in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend Page 5557 an Act placing the Clerk of Superior Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, P. 2763) as amended; and for other purposes. This 20th day of February, 1986. Bulloch County Legislative Delegation. Bulloch County Commissioners Box 334 Statesboro, GA 30458 No. 6915 02-21-86 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 21, 1986. /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5558 MARION COUNTY BOARD OF COMPENSATION; ELECTIONS; DISTRICTS; TERMS; REFERENDUM. No. 1389 (House Bill No. 2024). AN ACT To amend an Act creating a board of commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2606), so as to reapportion the commissioner districts in said county; to provide for the election of members of the board of commissioners from commissioner districts; to provide for staggered terms; to provide for present members; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2606), is amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. (a) For the purpose of electing members of the board of commissioners, Marion County is divided into five commissioner districts as follows: Commissioner District 1 Marion Tract 9901 Block 434 That part of Block 435 inside the City of Buena Vista Those parts of Blocks 605 and 606 inside the City of Buena Vista Blocks 607 through 609, 611 through 619, and 622 through 628 Those parts of Blocks 629 and 639 inside the City of Buena Vista Blocks 637 through 644 That part of Block 645 inside the City of Buena Vista Page 5559 Commissioner District 2 Marion Tract 9901 Blocks 101 through 154, 164 through 174, 179 through 194, and 199 Blocks 201 through 210 Commissioner District 3 Marion Tract 9901 Blocks 155 through 163, 175 through 178, and 195 through 198 Blocks 301 through 314 and 316 through 336 Blocks 414 through 416 That part of Block 606 outside the City of Buena Vista Commissioner District 4 Marion Tract 9901 Blocks 448 through 450 Block Group 5 Blocks 601 through 604 Those parts of Blocks 605 and 629 outside the City of Buena Vista Blocks 630 through 635 Those parts of Blocks 636 and 645 outside the City of Buena Vista Blocks 647 through 650 Block Group 7 Commissioner District 5 Marion Tract 9901 Blocks 401 through 413, 417 through 422, and 424 through 433 That part of Block 435 outside the City of Buena Vista Blocks 436 through 447 Blocks 610, 620, 621, and 646 Page 5560 (b) For the purpose of this section: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1980 for the State of Georgia. (3) Any part of Marion County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (c) The members of the board of commissioners of Marion County in office on the effective date of this Act shall serve until December 31, 1986, at which time their terms shall be abolished. (d) The first election for members of the board of commissioners of Marion County under this Act shall be a special election which shall be conducted on the same date as the general election in November, 1986. The election superintendent of Marion County shall issue the call and conduct the special election in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A, known as the `Georgia Election Code.' (e) (1) At the special election provided for in subsection (d) of this section, two members of the board of commissioners shall be severally elected from Commissioner Districts 1 and 5 and they shall each serve for an initial term of office of two years. Thereafter, two members of the board of commissioners shall be severally elected from Commissioner Districts 1 and 5 as provided in subsection (g) of this section and they shall each serve for a term of office of four years. Page 5561 (2) At the special election provided for in subsection (d) of this section, three members of the board of commissioners shall be severally elected from Commissioner Districts 2, 3, and 4 and they shall each serve for an initial term of office of four years. Thereafter, three members of the board of commissioners shall be severally elected from Commissioner Districts 2, 3, and 4 as provided in subsection (g) of this section and they shall each serve for a term of office of four years. (3) Candidates shall have been residents of their respective commissioner districts for at least one year prior to the date of the general election and must remain residents of their respective commissioner districts during a term of office. Members of the board of commissioners shall be elected by a majority of the electors voting within their respective commissioner districts. (f) The members of the board of commissioners shall take office on the first day of January immediately following their respective elections and shall serve for the terms of office to which elected and until their successors are elected and qualified. (g) Except as provided in subsection (e) of this section, all members of the board of commissioners of Marion County shall be elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code. Section 2. After the date of final approval of this Act by the United States Department of Justice, it shall be the duty of the election superintendent of Marion County to issue the call for an election for the purpose of submitting this Act to the electors of Marion County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Marion County. The ballot shall have written or printed thereon the words: Page 5562 () YES () NO Shall the Act providing for election of a five-member board of commissioners, providing for commissioner districts, and abolishing the present board of commissioners of Marion County be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Marion County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. -PAT 133- NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be a bill introduced in the 1986 session of the Georgia Assembly to reorganize and reconstitute the Board of Commissioners of Marion County to provide for redistricting and for other purposes. Ward Edwards Representative 112 District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards, who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Patriot-Citizen which is the official organ of Marion County, on the following date: February 20, 1986. Page 5563 /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CLAYTON COUNTY BOARD OF COMMISSIONERS; VICE-CHAIRMAN; SELECTION; COMPENSATION OF CHAIRMAN AND MEMBERS. No. 1390 (House Bill No. 2031). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4503) and particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4455), so as to change the method of selecting the vice-chairman; to provide for filling vacancies in the office of vice-chairman; to change the compensation of the chairman and other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. Page 5564 2064), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4503) and particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4455), is amended by striking subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) At the first regular meeting in January of each year, the vice-chairmanship of the board of commissioners shall be rotated among the members of the board as provided in this section. The vice-chairman shall serve until the first regular meeting in January of the next year and until his successor is qualified and assumes office. (2) Beginning at the first regular meeting in January, 1987, the vice-chairman shall be the commissioner representing District B, Post 1. (3) Thereafter, the vice-chairmanship shall be rotated in the following order: District A, Post 2; District B, Post 2; District A, Post 1; District B, Post 1. (4) If any member of the board of commissioners shall decline to serve as vice-chairman during the rotation cycle or if a vacancy occurs during the term of office of a vice-chairman, the remaining members of the board of commissioners shall elect a vice-chairman from among their number who shall serve until the first regular meeting in January of the next year at which time the next commissioner in the rotation cycle shall assume the office of vice-chairman. Section 2. Said Act is further amended by striking from Section 7 the following: $48,845.00 and $8,425.00, respectively, and substituting in lieu thereof the following: $51,290.00 and $8,850.00, respectively, so that when so amended Section 7 shall read as follows: Page 5565 Section 7. Compensation. The chairman of the board shall be compensated in the amount of $51,290.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The chairman of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business. The other four members of the board shall be compensated in the amount of $8,850.00 per annum to be paid in equal monthly installments. Each of the other members of the board shall receive an annual expense allowance of $2,400.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County. The chairman of the board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the board. All five members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the chairman shall carry out and administer the policies set by the board. The chairman shall elect the director of finance/comptroller, but the chairman's selection must be confirmed by a majority vote of the entire board. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation Page 5566 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. CLAYTON COUNTY SHERIFF; CLERK OF THE SUPERIOR COURT; COMPENSATION; DEPUTY CLERK. No. 1391 (House Bill No. 2034). AN ACT To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4468), so as to change the compensation of said officers; to change the Page 5567 compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4468), is amended by striking from Section 1 the following: $33,940.00, and inserting in lieu thereof the following: $35,640.00, so that when so amended Section 1 shall read as follows: Section 1. The salaries for the officers herein named shall be their full and complete salaries, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $35,640.00 per annum, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided herein, which are collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Section 2. Said Act is further amended by striking from subsection (b) of Section 1A the following: $26,095.00, and inserting in lieu thereof the following: $27,400.00, Page 5568 so that when so amended said subsection (b) shall read as follows: (b) The deputy clerk of the superior court shall receive as compensation for his services a salary to be fixed in the discretion of the clerk of the superior court in an amount not to exceed $27,400.00 per annum, payable in equal monthly installments out of the funds of Clayton County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910); as amended; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Page 5569 Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. STATE COURT OF CLAYTON COUNTY CREATION OF OFFICE OF DEPUTY CLERK; JUDGE AND SOLICITOR; COMPENSATION; FINES AND FORFEITURES. No. 1392 (House Bill No. 2035). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4458) and particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4462), so as to create the office of deputy clerk of the State Court of Clayton County; to authorize the clerk of the State Court of Clayton County to appoint and fix the compensation of said deputy clerk; to provide for the qualifications and oath of office of said deputy clerk; to provide that said deputy clerk shall not be subject to the provisions of the Clayton County Civil Service System Act; to change the compensation of the judge and solicitor of said court; to provide that all fines, forfeitures, and moneys arising from cases in said court shall be collected by the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5570 Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4458) and particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4462), is amended by adding a new Section 1A, immediately following Section 1, to read as follows: Section 1A. There is created an office in Clayton County to be known as deputy clerk of the state court, and the clerk of the State Court of Clayton County is authorized to appoint the deputy clerk of the state court. The deputy clerk of the state court shall serve at the pleasure of the clerk of the state court and may be removed from office by the clerk of the state court. The deputy clerk of the state court shall have the same authority granted to clerks of the state court by the laws of this state when acting on behalf and at the direction of the clerk of the State Court of Clayton County. The qualifications of the deputy clerk of the state court shall be the same as those prescribed for the clerk of the state court, and such person shall be required to take the same oath of office as the clerk of the state court after appointment and before assuming the duties of office. The deputy clerk of the state court shall receive a salary to be fixed in the discretion of the clerk of the state court in an amount not to exceed $24,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The deputy clerk of the state court shall not be subject to the provisions of the `Clayton County Civil Service System Act,' approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. Section 2. Said Act is further amended by striking from Section 3 the following: $48,355.00, and substituting in lieu thereof the following: $50,775.00, so that when so amended Section 3 shall read as follows: Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $50,775.00 per annum which shall be paid monthly by the board of Page 5571 commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County. Section 3. Said Act is further amended by striking from Section 6 the following: $35,280.00, and substituting in lieu thereof the following: $37,045.00, so that when so amended Section 6 shall read as follows: Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $37,045.00 per annum payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and shall not engage in the private practice of law in any capacity during his tenure as solicitor of said court and shall not be eligible to hold any other public office while serving as solicitor of said court. Section 4. Said Act is further amended by striking Section 25 in its entirety and substituting in lieu thereof a new Section 25 to read as follows: Section 25. Fines and forfeitures. All fines, forfeitures, and moneys arising from cases in the State Court of Clayton County shall be collected by the clerk of said court and deposited in the name of the county in the county depository on or before the tenth day of the month following the month in which they were collected or received. At the time of each such monthly deposit in the county depository, the clerk of said court shall make and deliver to the clerk of the county commissioners an itemized statement of the sources of said moneys and the duplicate deposit slips. Page 5572 Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5573 CLAYTON COUNTY CIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. No. 1393 (House Bill No. 2040). AN ACT To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Res. Act No. 50, H.R. 112-267, Ga. L. 1963, p. 681), duly ratified at the general election in 1964, which amendment authorizes the creation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of the funds of Clayton County; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That constitutional amendment (Res. Act No. 50, H.R. 112-267, Ga. L. 1963, p. 681), duly ratified at the general election in 1964, which amendment authorizes the creation of a civil service system for all persons other than elected officials whose salaries or wages are paid in whole or part out of the funds of Clayton County, shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to continue Page 5574 in force and effect as a part of the Constitution that constitutional amendment ratified at the general election in 1964, which amendment authorizes the creation of civil service system for all persons other than elected officials whose wages or salaries are paid in whole or in part out of the funds of Clayton County; and for other purposes. This 21st day of February, 1986. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 21, 1986. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5575 CITY OF COLLEGE PARK CORPORATE LIMITS. No. 1394 (House Bill No. 2044). AN ACT To amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3867), so as to annex certain contiguous property into the corporate limits of said city; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3867), is amended by adding at the end of Section 2 of said amendatory Act of 1972 the following: In addition to the present territory included within the corporate limits of said city, the corporate limits of said city shall include therein the following territory and area: Beginning at a made corner on the western right-of-way boundary of West Fayetteville Road approximately 250 feet south of its intersection with the southern right-of-way boundary of Southampton Road said point lying upon the existing city limits; thence in a southeastwardly direction approximately 650 feet along said right-of-way boundary and following the curvature thereof to its intersection with the northern right-of-way boundary of Godby Road; thence along the northern right-of-way boundary of Godby Road in a southwestwardly direction approximately 200 feet to a made corner which is in a direct alignment of the rear property line of 5209 West Fayetteville Road; thence 50 feet southeastwardly to the south right-of-way boundary of Godby Road at the rear property line of 5209 West Fayetteville Road being the existing city limits; thence northeastwardly approximately Page 5576 240 feet along the south right-of-way of Godby Road to the centerline of West Fayetteville Road; thence northwestwardly approximately 700 feet along the centerline of West Fayetteville Road and following the curvature thereof to a made corner approximately 290 feet south of the intersection of Southampton Road; thence approximately 40 feet west to the point of beginning on the west right-of-way line of West Fayetteville Road. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1986 session of the General Assembly of Georgia to amend the charter of the City of College Park, as amended, as follows: An Act to amend an Act incorporating the City of College Park, Georgia Laws 1895, page 251, as amended, so as to annex into said city, certain contiguous property, said property consisting of portions of the rights of way of West Fayetteville Road and Godby Road, to protect the public welfare, and for other purposes. This 31st day of January, 1986. Glaza McNally, PC City Attorneys Jan 31 Feb 7 14 1986-7 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,-County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 31st day of January, 1986. As provided by law. /s/ Frances K. Beck Page 5577 Subscribed and sworn to before me, this 17th day of February, 1986. /s/ Dorothy G. Higgins Notary Public, Georgia, State at Large. My Commission Expires Nov. 21, 1986. (SEAL). MISCELLANEOUS NOTICE FOR INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1986 session of the General Assembly of Georgia to amend the charter of the City of College Park, as amended, as follows: An Act to amend an Act incorporating the City of College Park, as amended, so as to annex into said city, certain contiguous property, said property consisting of portions of the rights of way of West Fayetteville Road and Godby Road, to protect the public welfare, and for other purposes. This 29th day of January, 1986. GLAZE and MCNALLY, P.C. City Attorneys Feb. 4, 11 18, 1986 State of Georgia. County of Clayton. Personally appeared before the undersigned, a notary public within and for said county and state, Clayton County, State of Georgia, publisher of Clayton News/Daily the official organ for the County of Clayton for the publication of official or legal advertisements for said county. Said newspaper published at Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, states on oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the February 4th, 11th, 18th, 1986. Signed, William L. Wadkins, Publisher Page 5578 Signed, Brenda P. Casey, Agent Sworn to and subscribed before me, this 17th day, of February 1986. /s/ Briness A. Kennedy, Notary Public. My commission expires 2/13, 1989. (SEAL). Approved March 28, 1986. CITY OF BALDWIN NEW CHARTER. No. 1395 (House Bill No. 2053). AN ACT To reincorporate and provide a new municipal charter for the City of Baldwin, formerly the Town of Baldwin, in Habersham and Banks counties; to provide for the boundaries of the city; to provide for the powers of the city; to provide for government of the city by a city council composed of a mayor and council members; to provide for the selection, service, compensation, powers, and duties of the mayor and council members; to provide for the powers and procedures of the city council; to provide for city officers, employees, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to provide for municipal franchises, contracts, and conveyances; to provide for all other matters related to the city and its government; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 5579 CHAPTER 1 Incorporation Section 1-1. The City of Baldwin, formerly the Town of Baldwin, in Habersham and Banks counties is incorporated as a municipal corporation of the State of Georgia and shall have perpetual existence. The City of Baldwin shall have legal existence in both such counties, but in any case where it is necessary to determine the legal situs on the city within a single county the legal situs of the city shall be within Habersham County. Section 1-2. The boundaries of the city as of the effective date of this Act shall be as described in Section 7-1 of this Act. The map described by Section 7.1 of this Act shall be the official map of the corporate limits of the city on the effective date of this Act. The city council shall cause said official map to be maintained in the office of the city clerk. The city council shall thereafter cause official revisions of the official map to be made as territory is added to or removed from the city so that there shall be at all times an official map of the city showing its current boundaries which shall be on file in the office of the city clerk. The official map and certified copies thereof may be admitted in evidence in any court. Section 1-3. The city shall have all powers granted to municipal corporations by the Constitution and general laws of this state. The city shall further have all powers usually possessed by municipal corporations of this state and all powers which it is legally possible, as of the effective date of this Act, to grant to a city by local law. All of such powers shall be construed liberally in favor of the city. CHAPTER 2 Mayor and Council Section 2-1. The legislative power of the city shall be vested in a city council which shall consist of a mayor and five council members and the city council shall be the municipal governing authority. Section 2-2. No person shall be eligible to serve as mayor or as a council member unless the person resides in the city Page 5580 on the date of qualifying for election and continues to reside in the city until the expiration of the term of office to which the person was elected. Section 2-3. Neither the mayor nor any council member shall hold any other municipal office or municipal employment while in office. Section 2-4. Neither the mayor nor any council member shall take any part in the consideration of any matter in which such officer has any personal interest; and, if the mayor or a council member has any personal interest in any matter under consideration by the city council, such officer shall disclose such personal interest to the council. Section 2-5. The city council may investigate the conduct of any affairs of city government and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails to obey any lawful order issued in the exercise of these powers shall be punished as provided by ordinance. Section 2-6. (a) The city council shall hold a regular monthly meeting on the first Monday in each month at 7:00 P.M. or such other hour as may be established by ordinance. (b) A special meeting of the city council may be called by the mayor or by any two members of the city council. Actual notice of a special meeting shall be given in person or by telephone to each member of the council at least 48 hours in advance of the meeting. Such notice may be waived, and attendance at the special meeting shall constitute a waiver of the notice. Only the business stated in the call may be transacted at a special meeting. The mayor or council members calling a special meeting shall take all reasonably possible steps to inform the public of the meeting, which steps shall include at a minimum the posting of a notice of the time, place, and purpose of the meeting on the door of city hall for a period of at least 24 hours immediately prior to the meeting and advertising the time of the called meeting at least twice on the radio station closest to the city at least 24 hours prior to the meeting. If a meeting is called with less than 24 hours notice, the mayor and council members calling such meeting shall advertise the time of the meeting at least twice on the radio station closest to the city prior to the meeting. Page 5581 (c) The city council shall be authorized to fix the compensation of the mayor and council members in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. The compensation received by such officials pursuant to the former charter of the Town of Baldwin provided by the Act approved August 3, 1923 (Ga. L. 1923, p. 448), as amended, shall be continued until such compensation is changed pursuant to said Code Section 36-35-4. Section 2-7. The city council shall cause to be kept a journal of its proceedings which shall be a public record, and no official action of the council shall be valid unless an entry thereof is made on the journal. Section 2-8. Three members of the council and the mayor, or mayor pro tempore acting for the mayor, shall constitute a quorum. The affirmative vote of three members of the council shall be required for the adoption of any measure before the council. Section 2-9. Every proposed ordinance of the council shall be in writing and in the form required for its final adoption before it is voted on. An ordinance may be introduced at any meeting, but no ordinance other than an emergency ordinance provided for in Section 2-10 of this Act shall be adopted at the meeting at which it is first introduced. All acts of the city council which are to have the force and effect of law shall be done by ordinance. Section 2-10. To meet a public emergency affecting life, health, property, or public peace an ordinance may be adopted at the meeting at which it is first introduced. Any such ordinance shall be plainly designated as an emergency ordinance and shall clearly and specifically describe the emergency requiring its passage. The affirmative vote of at least four members of the council shall be required to adopt an emergency ordinance. No emergency ordinance shall remain in effect as such for more than 30 days, but an emergency ordinance may be made a regular permanent ordinance of the city by the affirmative vote of at least three members of the council at a subsequent meeting within said 30 day period. Section 2-11. The city council may adopt any standard code of technical regulations or any other material by reference in an adopting ordinance, provided that any matter so incorporated Page 5582 into an ordinance by reference shall be authenticated by the city clerk in the same manner as the ordinance itself and shall be made available to the public in the same manner as the ordinance itself. Section 2-12. (a) The city clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for the purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of this charter and all ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Baldwin, Georgia. Copies of the code shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2-13. The mayor shall be the chief executive officer of the city. The mayor shall see that all laws, ordinances, resolutions, and rules of the state and the town are faithfully executed and that the officers of the city faithfully discharge their duties. The mayor shall have a general jurisdiction of the affairs of the town, subject to the direction of the city council. The mayor shall preside at meetings of the city council. The mayor shall have the right to vote only in the case of a tie vote among the council members voting. Page 5583 Section 2-14. (a) The mayor shall have the right to veto any ordinance or resolution adopted by the city council within three days following its adoption by the council. Any veto shall be in writing, shall be filed with the city clerk, and shall plainly set forth the reasons for the veto. Any vetoed measure may thereafter be adopted within 35 days after the veto by the affirmative vote of four members of the council; and a measure so adopted over the mayor's veto shall not be further subject to veto. The mayor may approve any ordinance or resolution within three days following its adoption by the city council; and any measure so approved shall become effective when so approved. If the mayor neither approves nor vetoes an ordinance or resolution within three days following its adoption by the council, the measure shall become effective at the close of the third day following its approval by the council. (b) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the votes of four council members over the mayor's veto. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the votes of four council members as in the case of a veto. Section 2-15. The city council shall elect by majority vote from among its members a mayor pro tempore who shall in the absence or disability of the mayor preside at all meetings of the city council and assume the duties and powers of the mayor. The city council shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability of the mayor or mayor pro tempore shall be declared by majority vote of all council members. CHAPTER 3 City Departments and Officers Section 3-1. (a) The city council, by ordinance, shall establish, abolish, or alter nonelective offices, positions of employment, and departments and agencies of the city as necessary for the proper administration of the affairs and government of this city. Page 5584 (b) The officers and employees of the city shall be appointed solely on the basis of their administrative and professional qualifications. Section 3-2. The city council shall create by ordinance such boards, commissions, and authorities as it deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. Section 3-3. The city council shall appoint a city attorney and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties reasonably related to the office of city attorney as may be required by the city council. Section 3-4. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this Act, and perform such other duties as may be required by the city council. CHAPTER 4 Municipal Court Section 4-1. There shall be a court to be known as the Municipal Court of the City of Baldwin. Section 4-2. (a) The municipal court shall be presided over by a judge. No person shall be qualified or eligible to serve as a judge of the municipal court unless such person shall have attained the age of 21 years and shall have graduated from high school or completed educational requirements equivalent to such high school graduation. All judges shall be appointed by the city council. Page 5585 (b) Compensation of the judges shall be fixed by ordinance. (c) Judges may be removed for cause by a vote of four members of the city council. (d) Before entering on the duties of office, each person taking office as a judge shall take an oath given by the mayor that the person will honestly and faithfully discharge the duties of office as a judge to the best of the person's ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal. Section 4-3. The municipal court shall be convened as provided by ordinance. Section 4-4. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days or both. (d) The municipal court shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to state and superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for the person's appearance and shall fail to appear at the time fixed for trial, the person's bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at Page 5586 trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, and sentences, and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. Section 4-5. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Habersham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4-6. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection. CHAPTER 5 Elections Section 5-1. All elections for mayor and council members of the City of Baldwin shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, except that: Page 5587 (1) Pursuant to the authority of Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections; and (2) Pursuant to the authority of Code Section 21-3-407 of the O.C.G.A., elections for mayor and council members shall be by plurality vote. Section 5-2. (a) Elections for the City of Baldwin shall be held annually on the second Wednesday in December. (b) The term of office of the mayor and council members shall be for two years and until successors are elected and qualified. Officers elected at the annual city election shall take office at the first regular meeting of the city council in January following the election. Successors shall be elected at the annual election next preceding the expiration of terms of office. (c) The mayor and council members in office on the effective date of this Act shall continue to serve for the terms for which they were elected and until successors are elected and qualified. Section 5-3. In the event of a vacancy in the office of mayor or a council member for any reason, the city council shall order a special election to fill the vacancy, except that if the vacancy occurs within 90 days of the expiration of the term of office, the city council shall appoint a successor to fill the vacancy for the unexpired term. Any person elected to fill a vacancy shall serve for the remainder of the unexpired term of office. Section 5-4. (a) The provisions of this section shall be in addition to any other provisions of law for removal or suspension of members of the city council. (b) The mayor or any council member who is indicted for a felony in the courts of this state or the United States shall be suspended without pay pending final determination of the case. If the mayor or a council member is convicted of a felony in the courts of this state or the United States, such officer shall by operation of law be removed from office on the date the conviction becomes final. If a case is finally determined without Page 5588 a conviction, the suspended officer shall be reinstated and shall receive all salary to which the officer would otherwise have been entitled during such suspension. For the purposes of this subsection, the acceptance of a plea of nolo contendere shall constitute a conviction. (c) The mayor may be removed from office for any of the causes listed in this subsection by unanimous vote of all members of the council. Any other council member may be removed from office for any of the cause listed in this subsection by unanimous vote of all other members of the council and concurrence of the mayor. Prior to removal under this subsection, the officer to be removed shall have a right to written notice of the grounds for removal and a hearing before the city council. Any officer so removed may bring a de novo action in superior court for review of the existence of grounds for removal. Grounds for removal under this subsection shall include: (1) Misfeasance or malfeasance in office; (2) Failure to reside in the city; (3) Abandonment of office or willful neglect to perform the duties of the office; or (4) Permanent medical disability to perform the duties of the office. CHAPTER 6 Powers Section 6-1. The city council may impose an ad valorem tax on all tangible real and personal property within the corporate limits of the city that is subject to ad valorem taxation by the state. Section 6-2. The city council may impose such occupational and business taxes as are not prohibited by general state law. Section 6-3. The city council may impose a system of regulatory occupational and business licensing in any manner not prohibited by general state law; and the city council may require the payment of regulatory license fees for licenses so issued. Page 5589 Section 6-4. The city council may provide for the granting of franchises for the use of the city's streets and rights of way; but no such franchise shall be granted for a period in excess of 35 years and no such franchise shall be granted unless the city receives just and adequate compensation therefor. Section 6-5. The city council may provide for the imposition of service fees for any services provided by the city. Section 6-6. The city council may provide in any reasonable manner for the assessment of the costs of construction and improvement of streets, roads, sidewalks, curbs, gutters, sewers, and utility mains and appurtenances against the owners of abutting property. Section 6-7. The city council may impose any other form of taxation allowed by general state law. Section 6-8. The city council by ordinance may provide generally for the administration of municipal taxes, fees, and licenses and for the collection of unpaid taxes, fees, and assessments by any reasonable means not precluded by general state law. Section 6-9. No contract with the city shall be binding on the city unless the contract is in writing, is signed after review by the city attorney, and is approved by the city council subsequent to its signature by the city attorney, with such council approval entered on the council journal. Section 6-10. (a) The city council may sell or convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon a determination by the council that the property is not needed for public purposes and has no readily ascertainable money value. CHAPTER 7 Miscellaneous Section 7-1. The corporate limits of the City of Baldwin Page 5590 as of the effective date of this Act shall be as provided in the Act granting a new charter for the Town of Baldwin, approved August 3, 1923 (Ga. L. 1923, p. 448); plus all annexations carried out pursuant to the authority of Code Section 36-36-2 of the O.C.G.A., as more fully shown according to records filed with the office of the Secretary of State of Georgia, through January 1, 1986, and as more particularly shown by a city map prepared by Rindt-McDuff Associates, Inc., dated March, 1985, and on file in the office of the clerk of the City of Baldwin. Section 7-2 . All existing ordinances, resolutions, rules, and regulations of the city which are not directly in conflict with this Act shall continue in effect. The ongoing government of the city as of the effective date of this Act shall continue unchanged except to the extent this Act expressly requires otherwise. All existing legal rights and obligations of the city shall continue under this Act. Section 7-3 . An Act incorporating and providing a new charter for the Town of Baldwin, approved August 3, 1923 (Ga. L. 1923, p. 448), as amended by an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2158), an Act approved March 21, 1968 (Ga. L. 1968, p. 2400), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2794), is repealed in its entirety. Section 7-4 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA HABERSHAM COUNTY Notice is hereaby given that I shall introduce a bill in the 1986 Session of the General Assembly to create and incorporate the City of Baldwin, in Habersham County, Georgia; describe the corporate limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salaries and duties; empower said municipality to levy and collect taxes and other revenue and expend same; and for other purposes. Page 5591 This 3rd day of February, 1986. Bill Dover, Representative, Habersham County 1c-2-6 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: February 6, 1986. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 26th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved March 28, 1986. Page 5592 CITY OF POOLER CORPORATE LIMITS; REFERENDUM. No. 1563 (House Bill No. 2057). AN ACT To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12, 1982 (Ga. L. 1982, p. 3872), and an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), so as to change the corporate limits of the City of Pooler; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12, 1982 (Ga. L. 1982, p. 3872), and an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), is amended by adding to the end of subsection (d) of Section 1.11 the following: ALSO ALL that certain lot, tract or parcel of land beginning at the point where the southern corporate city limits of the City of Pooler intersects the eastern right-of-way line of U.S. Interstate Highway 95 and proceeding thence in a southerly direction along the eastern right-of-way line of U.S.Interstate Highway 95 to the point where it intersects the northern right-of-way line of the Savannah and Ogeechee Canel; proceeding thence along the northern right-of-way line of the Savannah and Ogeechee Canel in a southwesterly direction to a point where it intersections the western right-of-way line of U.S. Interstate Highway 95; proceeding thence along the western right-of-way line of U.S. Interstate Highway 95 in a south by southwestern direction until it merges and intersects with the northern right-of-way line of U.S. Page 5593 Interstate Highway 16; proceeding thence along a northern right-of-way line of U.S. Interstate Highway 16 in a westerly direction to a point where it intersects the southern right-of-way line of the Savannah and Ogeechee Canel; proceeding thence along the southern right-of-way line of the Savannah and Ogeechee Canel in a southwestern direction to a point where it intersects the southern right-of-way line of U.S. Interstate Highway 16; proceeding thence along the southern right-of-way line of U.S. Interstate Highway 16 in a western direction to a point where it intersects the southern right-of-way line of the Old Pine Barren Road if extended; proceeding thence along the southern right-of-way line of Old Pine Barren Road if extended in an easterly direction to the point where said line intersects the Old Pine Barren Road; proceeding thence in an eastern direction along the Old Pine Barren Road to the point where it become the New Pine Barren Road; proceeding thence in an eastern direction along the southern right-of-way line of the New Pine Barren Road to the point Pine Barren Road divides; proceeding thence along the southern right-of-way line of the left fork of the new Pine Barren Road in a northern direction to the point where it intersects the eastern right-of-way line of Wildcat Dam Road; proceeding thence in a north by northeast direction along the eastern right-of-way line of Wildcat Dam Road to a point where it intersects the present city corporate limits of the City of Pooler; proceeding thence south 43 31[prime] 00[Prime] East a distance of 298 feet to a point; proceeding thence South 65 55[prime] 00[Prime] East a distance of 472 feet to a point; proceeding thence South 18 02[prime] 00 West a distance of 1,124 feet to a point; proceeding thence South 19 04[prime] 00[Prime] West a distance of 230 feet to a point; proceeding thence in a easterly direction along the northern right-of-way line of the Seaboard Coast Railroad a distance of 11,000 feet, more or less, to a point; proceeding thence South 19 32[prime] 00[Prime] West a distance of 1,465.63 feet to a point; proceeding thence North 81 36[prime] 00[Prime] West a distance of 1,128.39 feet to a point; proceeding thence North 81 18[prime] 00[Prime] West a distance of 1,166.44 feet to a point; proceeding thence North 15 14[prime] 00[Prime] Westa distance of 662.14 feet to a point; proceeding thence North 73 39[prime] 00[Prime] West a distance of 431.53 feet to a point; proceeding thence North 20 17[prime] 00[Prime] East a distance of 255.17 feet to a point; proceeding thence North 73 39[prime] 00[Prime] West a distance of 431.53 feet Page 5594 to a point where it intersects the eastern right-of-way line of Pooler Crossroads; proceeding thence along the eastern right-of-way line of Pooler Crossroads in a southern direction a distance of 3,750 feet, more or less, to a point where it intersects the northern right-of-way line of Pine Barren Road; proceeding thence along the northern right-of-way line of Pine Barren Road in an eastern direction a distance of 2,700 feet, more or less, to a point where it intersects the eastern right-of-way line of U.S. Interstate Highway 95 which also marks the point of beginning. Section 2. Not less than 30 nor more than 40 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Pooler to issue the call for an election for the purpose of submitting this Act to the electors of the City of Pooler for approval or rejection and it shall be the duty of the election superintendent of Chatham County to issue the call for an election for the plurpose of submitting this Act to the electors of the area proposed to be annexed for approval or rejection. Each superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. Each superintendent shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Pooler or Chatham County, as appropriate. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act annexing that territory into the City of Pooler bounded by the southern city limits of Pooler to Interstate 95 on the east to Interstate 16 on the south to the eastern city limits of Bloomingdale be approved? Those persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question within the present corporate limits of the City of Pooler and more than one-half of the votes cast on such question in the area proposed to be annexed are for approval Page 5595 of the Act, it shall become of full force and effect on December 31, 1986; otherwise it shall be void and of no force and effect. At least 30 days prior to said election, the election superintendent of the City of Pooler shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Chatham County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Pooler. The City of Pooler shall pay to Chatham County the actual expenses of furnishing such information as is required. The expense of such election shall be borne by the City of Pooler. It shall be the duty of the election superintendent of the City of Pooler to hold and conduct such election in the City of Pooler and it shall be the duty of the election superintendent of Chatham County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State. Section 3. In the event the referendum is approved as provided above, the property that is annexed into the City of Pooler shall have the same zoning or such zoning as is currently permissible under the Zoning Ordinance of the City of Pooler as will permit the uses that the property is being utilized at the time it is annexed into the City of Pooler. Section 4. All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS LEGALS PUBLIC NOTICE The City of Pooler is proposing the annexation of the area bounded by the Southern City Limits of Pooler to Interstate 95 on the East to Interstate 16 on the South to the Eastern City Limits of Bloomingdale. This proposal will go to the State legislature this session with a request for legislature to bring Page 5596 this property into the City Limits at midnight December 31, 1986, upon the favorable outcome of a double majority referendum. Feb. 21 N GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Triplett, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County, on the following date: February 21, 1986. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5597 WHITFIELD COUNTY BOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; TERMS; COMPENSATION; REFERENDUM. No. 1564 (House Bill No. 2006). AN ACT To amend an Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4092), so as to change the composition and method of election of the board of commissioners of Whitfield County; to provide for commissioner districts from which members of the board shall be elected; to provide for shortening the terms of office of certain members of the board; to provide for compensation of members of the board; to provide for a chairman and a vice chairman; to provide for qualifications; to provide for vacancies in office and the filling of vacancies; to provide for terms of office; to provide for related matters; to provide for a special election for the approval or disapproval of the foregoing by the voters of Whitfield County; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4092), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) The board of commissioners of Whitfield County shall consist of five members. Each member of the board of commissioners shall be elected at large by the voters of all of Whitfield County. The chairman of the board may reside anywhere within Whitfield County. Each other member of the board of commissioners shall be elected at large by the voters of all of Whitfield County but must Page 5598 reside within the commissioner district he or she represents. The commissioner districts from which the members of the board, other than the chairman, shall be elected shall be as described in Section 3 of this Act. (b) The members of the board elected in 1984 and in 1986 shall cease to hold office on January 1, 1989, and shall be replaced by a new board of commissioners elected as provided in this section. It is expressly intended and declared that this subsection shall operate to shorten the terms of office of the members of the board elected in 1986. (c) At the general election held in 1988 and quadrennially thereafter the chairman and other members of the board of commissioners shall be elected as provided in this section. The chairman and other members of the board of commissioners shall take office on the first day of January next following their election and shall serve for terms of four years and until their successors are elected and qualified. Section 2 . Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) For purposes of electing members of the board of commissioners of Whitfield County, the county is divided into four commissioner districts described as follows: Commissioner District No. 1 Whitfield Tract 9905 That part of Block 321 which lies within the Dalton CCD Tract 9906 Block Groups 2 through 4 Tract 9907 Blocks 213 through 215 Block Group 3 Tract 9910 That part of Block 108 which lies within the Antioch Voting Precinct Blocks 110 through 133, 138, and 139 Blocks 211 through 245 and 247 through 250 Block Groups 3 through 8 Page 5599 Commissioner District No. 2 Whitfield Tract 9901 Blocks 409 and 438 through 446 Tract 9902 Tract 9903 Tract 9904 Blocks 514 through 523 Blocks 607 through 620 Tract 9905 Blocks 106 through 120, 123 through 125, and 128 through 130 Blocks 204 through 262 Blocks 301 through 310 and 312 through 320 That part of Block 321 which lies within the Westside CCD Block 322 Tract 9906 Blocks 106 through 123 Tract 9909 That part of Block 103 which lies within Voting Precinct 2A Blocks 105 and 106 Blocks 201 through 203 That part of Blocks 204 and 205 which lies within Voting Precinct 2A That part of Block 206 which lies outside the city limits of Dalton and within Voting Precinct 2A Blocks 207 and 208 Block Group 3 Commissioner District No. 3 Whitfield Tract 9901 Block Groups 1 through 3 Blocks 401 through 408 and 410 through 437 Tract 9904 That part of Block 104 which lies within the city limits of Dalton That part of Block 104 which lies outside the city limits of Dalton and within Voting Precinct 5A Page 5600 That part of Blocks 114 and 115 which lies within the city limits of Dalton That part of Blocks 203 and 204 which lies within Voting Precinct 5A That part of Block 208 which lies within the city limits of Dalton Block Groups 3 and 4 Blocks 501 through 513 Tract 9905 Blocks 101 through 105, 121, 122, 126, 127, and 131 through 151 Blocks 201 through 203 Tract 9908 Block 101 Blocks 301 through 305 That part of Block 307 which lies within the Varnell Voting Precinct Tract 9909 Blocks 101 and 102 That part of Block 103 which lies within the Varnell and Pleasant Grove Voting Precincts Blocks 104 and 107 through 109 That part of Blocks 204 and 205 which lies within the Pleasant Grove Voting Precinct That part of Block 206 which lies within the city limits of Dalton That part of Block 206 which lies outside the city limits of Dalton and within the Pleasant Grove Voting Precinct That part of Block 209 which lies within the city limits of Dalton Blocks 210 through 229 Block Group 4 Commissioner District No. 4 Whitfield Tract 9904 Blocks 101 through 103 That part of Block 104 which lies outside the city limits of Dalton and lies within the Grove Level Voting Precinct Page 5601 Blocks 105 through 113 That part of Blocks 114 and 115 which lies outside the city limits of Dalton Blocks 201 and 202 That part of Blocks 203 and 204 which lies within the East Side Voting Precinct Blocks 205 through 207 That part of Block 208 which lies outside the city limits of Dalton Blocks 524 through 530 Blocks 601 through 606 and 621 through 623 Tract 9906 Blocks 101 through 105 and 124 through 127 Tract 9907 Block Group 1 Blocks 201 through 207 and 209 through 212 Tract 9908 Blocks 102 through 123 Block Group 2 Block 306 That part of Block 307 which lies within the Grove Level Voting Precinct Blocks 308 through 314 Tract 9909 That part of Block 209 outside the city limits of Dalton Tract 9910 Blocks 101 through 107 That part of Block 108 which lies within the Fincher Voting Precinct Block 109 Blocks 201 through 210 Tract 9911 (b) For the purposes of this section: (1) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any district refers to a named city, it means the geographical boundaries Page 5602 of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of the county which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 3. Said Act is further amended by striking Section 8 and inserting in its place a new Section 8 to read as follows: Section 8. The chairman of the board of commissioners shall preside over all meetings of the board and shall have a vote on all matters before the board. At its first meeting in January of each year the board shall elect from among its number a vice chairman to serve until the first meeting of the board in the following year. Any member shall be eligible to succeed himself or herself as vice chairman. The vice chairman shall in the case of absence or disability of the chairman assume the duties of the chairman. Section 4. Said Act is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows: Section 9. (a) In addition to any other grounds constituting legal grounds for vacating the office of a member of the board, if a member of the board, other than the chairman, ceases to reside within the commissioner district from which he or she was elected, his or her office shall be immediately vacated by operation of law. If any member of the board ceases to reside within Whitfield County, his or her office shall likewise be immediately vacated by operation of law. (b) In the event of any vacancy in the office of any member of the board which occurs 180 or more days prior to the expiration of the member's term of office, the vacancy shall be filled by special election by the voters of all of Whitfield County. In the event of a vacancy in the office of any member of the board which occurs less than 180 days before the expiration of a term of office, the vacancy shall be filled by an appointment made by the grand jury. Any member elected or appointed to fill a vacancy must meet the same qualifications as those for election to the vacant position. Any member selected to fill a vacancy shall serve for the Page 5603 remainder of the unexpired term and until a successor is elected and qualified. Section 5. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: Section 10. (a) The chairman of the board shall receive a salary of $1,000.00 per month, payable monthly from funds of Whitfield County. Each other member of the board shall receive a salary of $500.00 per month, payable monthly from funds of Whitfield County. (b) Each member of the board, subject to any requirements for approval of expenses which may be imposed by the board of commissioners, shall be entitled to reimbursement from funds of Whitfield County for expenses actually and reasonably incurred in the performance of his or her duties. Any claim for such expenses shall be accompanied by a sworn statement executed by the member of the board swearing that the same is a true and correct account of amounts expended in pursuance of county business. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Whitfield County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the existing board of commissioners of Whitfield County to cease to hold office on January 1, 1989, and provides for the composition, election, and compensation of a new board of commissioners? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast Page 5604 on such question are for approval, Sections 1 through 5 of this Act shall become of full force and effect on January 1, 1989, except that the provisions of Sections 1 through 5 relating to election of members of the board of commissioners of Whitfield County in 1988 shall become effective immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Whitfield County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to amend an Act amending, revising, superseding, and consolidating the laws relating to the governing authority of Whitfield County and creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended; and for other purposes. This 27th day of January, 1986. Representative Tom Ramsey District 3 Representative Roger Williams, District 6, Post 1 Representative Phil Foster District 6, Post 2 1-31 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who, on Page 5605 oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen-News which is the official organ of Whitfield County, on the following date: January 31, 1986. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. LUMPKIN COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1566 (House Bill No. 2061). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year Page 5606 and thereafter in Lumpkin County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin County during designated registration periods; and providing for a referendum; and for other purposes. This 18th day of February, 1986. F.M. Beck, Jr., Tax Commissioner of Lumpkin County. 1c-2-20 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: February 20, 1986. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 27th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5607 HENRY COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1567 (House Bill No. 1606). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Henry County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Henry County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Henry County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Henry County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Henry County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. Page 5608 If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Henry County. The election superintendent of Henry County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Legal No. 915 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing for the registration of motor vehicles in Henry County during designated registration periods; providing for a referendum; and for other purposes. This 17th day of January, 1986. Wesley Dunn 73rd District 1tc-1-22 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry County Herald which is the official organ of Henry County, on the following date: January 22, 1986. /s/ Wesley Dunn Representative, 73rd District Page 5609 Sworn to and subscribed before me, this 28th day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. JENKINS COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1568 (House Bill No. 1828). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jenkins County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jenkins County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide Page 5610 for a system of staggered motor vehicle registration in Jenkins County; to provide that the foregoing shall be contingent upon authorization by general law; to provide for all related matters; and for other purposes. This 7th day of January, 1986. John F. Godbee, GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee, who, on oath, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Millen News which is the official organ of Jenkins County, on the following date: January 16, 1986. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 14th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. (SEAL). Approved April 7, 1986. Page 5611 DEKALB COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1569 (House Bill No. 1841). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in DeKalb County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in DeKalb County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1986 regular session of the General Assembly of Georgia a bill to provide that in DeKalb County, vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods; to bring DeKalb County under the provisions of Section 40-2-20.1 of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes. This 6th day of February, 1986. Eugene E. Adams Tax Commissioner DeKalb County, Georgia 16-3785,2/13 Page 5612 PUBLISHER'S CERTIFICATE STATE OF GEORGIA. COUNTY OF DEKALB. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Local Legislation-auto registration-Eugene Adams a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13th day of February, 1986. Gerald Wm. Crane, Co-Publisher (by) Linda L. Orr, Agent Sworn to and subscribed before me, this 13th day of February, 1986. /s/ B. Lynn Crane Notary Public. My Commission Expires December 4, 1989. (SEAL). Approved April 7, 1986. BURKE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1570 (House Bill No. 1850). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Burke Page 5613 County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Burke County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. -4821- NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide for a system of staggered motor vehicle registration in Burke County; to provide that the foregoing shall be contingent upon authorization by general law; to provide for all related matters; and for other purposes. This 3rd day of Feb., 1986. John F. Godbee Representative Georgia General Assembly Dist. 110 E. E. Bargeron Representative Georgia General Assembly Dist. 108 F13c GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee, who, on oath, deposes and says that he is Representative from the 110th Page 5614 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following date: February 13, 1986. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. MUSCOGEE COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1571 (House Bill No. 1851). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Page 5615 Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during designated registration periods; and for other purposes. Honorable Thomas B. Buck, III Representative, District 95 Pub.Feb14,1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following date: February 14, 1986. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5616 HALL COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1572 (House Bill No. 1905). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Hall County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Hall County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Hall County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. Page 5617 If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Hall County. The election superintendent of Hall County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing for the registration of motor vehicles in Hall County during designated registration periods; providing for a referendum; and for other purposes. This 11th day of February, 1986. Senator J. Nathan Deal Rep. Joe T. Wood Rep. Jerry Jackson Rep. Bobby Lawson #3536 Feb. 13 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: February 13, 1986. /s/ Joe T. Wood Representative, 9th District Page 5618 Sworn to and subscribed before me, this 17th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. DOUGLAS COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1573 (House Bill No. 1923). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Douglas County shall on the date of the general election in 1986 conduct an election for the purpose of submitting this Act to the electors of Douglas County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the Page 5619 date and purpose of the election to be published once a week for two weeks in the official organ of Douglas County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Douglas County. The election superintendent of Douglas County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1986 Session of the General Assembly of Georgia a Bill to provide for the staggered sale of motor vehicle license tags and for other purposes. This 4th day of February, 1986. Thomas M. Kilgore Representative 42nd District 406:2-6 Page 5620 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following date: February 6, 1986. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 19th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. BIBB COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1574 (House Bill No. 1924). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 5621 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. Section 2. The election superintendent of Bibb County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Bibb County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Bibb County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Bibb County. The election superintendent of Bibb County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. Page 5622 GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to providing that vehicles shall be registered and licensed to operate for the ensuing calendar year in Bibb County during designated registration periods and providing for a referendum; and for other purposes. This 31st day of January, 1986. F. Ray Jackson Tax Commissioner Macon-Bibb County, Ga. 2/5,1986-589165 STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Bob Preston, who deposes and says he is checking clerk for the Macon Telegraph and News and is duly authorized by the publisher thereof to make this affidavit and that advertisement as per attached has been published in the Macon Telegraph and New on the following dates: 02/05 /s/ Bob Preston Sworn to and subscribed before me, this 5th day of Feb. 1986 /s/ Dawn H. Waites Notary Public, Bibb County Georgia. My Commission Expires Aug. 1, 1987. (SEAL). Approved April 7, 1986. Page 5623 SPALDING COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1575 (House Bill No. 1942). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Spalding County shall on the date of the general election in 1986 conduct an election for the purpose of submitting this Act to the electors of Spalding County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Spalding County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. Page 5624 If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Spalding County. The election superintendent of Spalding County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL 5066 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operated for the ensuing calendar year and thereafter in Spalding County during designated registration periods, and providing for a referendum, and for other purposes. This the 12th day of February, 1986. Maureen C. Jackson, as Clerk of the Board of Commissioners of Spalding County, Georgia. Feb. 14, 1986 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler, who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: February 14, 1986. /s/ John L. Mostiler Representative, 75th District Page 5625 Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. Approved April 7, 1986. GWINNETT COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1576 (House Bill No. 1956). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Gwinnett County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week Page 5626 for two weeks in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Gwinnett County. The election superintendent of Gwinnett County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during designated registration periods and for other purposes. This 10TH day of FEBRUARY, 1986. LILLIAN WEBB, CHAIRMAN GWINNETT COUNTY COMMISSIONERS Feb. 13-1tc G-5313 Page 5627 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 13, 1986. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. BULLOCH COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1577 (House Bill No. 1957). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bulloch County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 5628 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bulloch County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Bulloch County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Bulloch County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Bulloch County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bulloch County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Bulloch County. The election superintendent of Bulloch County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Page 5629 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bulloch County during designated registration periods and providing for a referendum; and for other purposes. This 17 day of February, 1986. Honorable Bob Lane Representative, 111th District Honorable John F. Godbee Representative, 110th District Honorable Joseph E. Kennedy Senator, 4th District No. 6911 02-19-86 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 19, 1986. /s/ Bob Lane Representative, 111th District Page 5630 Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. EFFINGHAM COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1578 (House Bill No. 1966). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing Page 5631 that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham County during designated registration periods and for other purposes. This 4th day of February, 1986. Dorothy Standard, Clerk Effingham County Commission F19B GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following date: February 19, 1986. /s/ Georgia A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 20th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5632 GLYNN COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1579 (House Bill No. 1975). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn County during designated registration periods and for other purposes. This 4th day of February, 1986. DEAN G. AUTEN REPRESENTATIVE, 156TH GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten, who, on oath, deposes and says that he is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick Page 5633 News which is the official organ of Glynn County, on the following date: February 10, 1986. /s/ Dean G. Auten Representative, 156th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. POLK COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1580 (House Bill No. 1978). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . The election superintendent of Polk County shall on the date of the general primary in 1986 conduct an Page 5634 election for the purpose of submitting this Act to the electors of Polk County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Polk County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Polk County. The election superintendent of Polk County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods and providing for a referendum, and for other purposes. This 18th day of February, 1986. Page 5635 POLK COUNTY, GEORGIA By Frank B. Lott Chairman, Board of Commissioners Feb. 20 No.3519 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, BILL CUMMINGS, who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard which is the official organ of Polk County, on the 20th day of February, 1986. /s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia, a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods and providing for a referendum, and for other purposes. This 18th day of February, 1986. POLK COUNTY, GEORGIA By /S/ Frank B. Lott Chairman, Board of Commissioners Page 5636 FEBRUARY 20, 1986 AFFIDAVIT OF THE PUBLISHER To Whom It May Concern: I hereby certify that a NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION was published in THE CEDARTOWN STANDARD, official legal organ of Polk County, Georgia. Said legal was published as number 3519 on February 20, 1986. Said legal was published for the Polk County Board of Commissioners. /s/ Joseph D. Williams Publisher/Editor I hereby certify that the foregoing was signed in my presence this 20th day of February, 1986. /s/ Beth Erwin NP Approved April 7, 1986. COLUMBIA COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1581 (House Bill No. 1980). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 5637 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . The election superintendent of Columbia County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Columbia County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Columbia County. The election superintendent of Columbia County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Page 5638 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that a vehicle shall be registered and licensed to operate for the ensuing calendar year in Columbia County during designated registration periods and providing for a referendum; and for other purposes. This 18th day of February, 1986. Rep. James P. Hill Feb. 19, 1986C GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James P. Hill, who, on oath, deposes and says that he is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Times which is the official organ of Columbia County, on the following date: February 19, 1986. /s/ James P. Hill Representative, 83rd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5639 JACKSON COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1582 (House Bill No. 1993). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson County during designated registration periods; and for other purposes. This 11th day of February, 1986. Lauren McDonald Jr. F19,26,Mr5b AFFIDAVIT OF PUBLICATION I, Herman Buffington, Publisher of the Jackson Herald, do hereby certify that the copy of the legal advertisement NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION a bill providing that vehicles shall be registered and licensed to Page 5640 operate for the ensuing calendar year in Jackson County during designated registration periods; and for other purposes. /s/ Herman Buffington, Publisher Subscribed and sworn to before me, this 20 day of February, 1986. /s/ Claire W. Collier Notary Public. My commission expires September 23, 1989. (SEAL). Approved April 7, 1986. BANKS COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1583 (House Bill No. 1994). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 5641 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated registration periods; and for other purposes. This 11th day of February, 1986. Lauren McDonald Jr. F19,26,Mr5b AFFIDAVIT OF PUBLICATION I, Herman Buffington, Publisher of The Banks County News, do hereby certify that the copy of the legal advertisement NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated registration periods; and for other purposes, appeared in The Banks County News, Homer, Georgia on February 19 and is scheduled to appear February 26 and March 5, 1986. /s/ Herman Buffington, Publisher Subscribed and sworn to before me, this 20 day of February, 1986. /s/ Claire W. Collier Notary Public. My commission expires September 23, 1989. (SEAL). Approved April 7, 1986. Page 5642 SCREVEN COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1584 (House Bill No. 1997). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Screven County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Screven County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Screven County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Screven County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Screven County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Screven County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. Page 5643 If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Screven County. The election superintendent of Screven County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Screven County during designated registration periods and providing for a referendum; and for other purposes. This 20th. day of February 1986. Hon. Bob Lane Rep. 111th. Dist. Hon. John F. Godbee Rep. 110th. Dist. Hon. Bill English Sen. 21st. Dist. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County, on the following date: February 20, 1986. Page 5644 /s/ Bob Lane Representative, 111th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL) Approved April 7, 1986. BARROW COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1585 (House Bill No. 2004). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. Page 5645 Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed for the ensuing calendar year and thereafter in Barrow County during designated registration periods; and for other purposes. This 17th day of February, 1986. /s/ Richard B. Russell III Richard B. Russell, III County Attorney Barrow County, Georgia 2-19-1tc GEORGIA BARROW COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Russell, who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following date: February 19, 1986. /s/ John D. Russell Representative, 64th District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5646 DOUGHERTY COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS. No. 1586 (House Bill No. 2027). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty County during designated registration periods; and for other purposes. This 20th day of February, 1986. W. Alan Reddish Administrator, Dougherty County, Georgia February 21, 1986 Page 5647 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following date: February 21, 1986. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 24th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. CAMDEN COUNTY STAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1587 (House Bill No. 2050). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden County during designated registration periods as provided Page 5648 in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2. The election superintendent of Camden County shall on the date of the general primary in 1986 conduct an election for the purpose of submitting this Act to the electors of Camden County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Camden County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1987, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Camden County. The election superintendent of Camden County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Page 5649 Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LLEGISLATION Notice is hereby given that there will be introduced at the regular 1986 session of the General Assembly of Georgia a bill to provide that vehicles shall be registered and licensed for the ensuing calendar year and thereafter in Camden County during designated registration periods; to provide for a referendum; and for other purposes. Lamar Drury, Chairman Camden County Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: February 20, 1986. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 25th day of February, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 7, 1986. Page 5650 DEKALB COUNTY GOVERNMENT STUDY COMMISSION CREATED. No. 96 (House Resolution No. 660). A RESOLUTION Creating the DeKalb County Government Study Commission; and for other purposes. WHEREAS, the government of DeKalb County was completely reorganized by an Act of the General Assembly adopted in 1981; and WHEREAS, the General Assembly has found it necessary to amend the reorganization law several times since its enactment; and WHEREAS, legal questions have arisen concerning the respective powers of the Chief Executive Officer and the Board of Commissioners of DeKalb County; and WHEREAS, the nature of the new government of DeKalb County with its separation of executive and legislative powers has caused confusion in the application of certain laws to the new government; and WHEREAS, a systematic review of the new government and the problems described above should be undertaken in order to identify all those changes that should be made in the reorganization law to avoid the necessity of annual amendment of such law. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the DeKalb County Government Study Commission is created. The commission shall be composed of nine members as follows: (1) Three members of the Senate whose senatorial districts lie within DeKalb County appointed by the President of the Senate; Page 5651 (2) Three members of the House of Representatives whose representative districts lie within DeKalb County appointed by the Speaker of the House; (3) One member of the Board of Commissioners of DeKalb County elected by said board of commissioners; and (4) Two citizens of DeKalb County appointed by the Chief Executive Officer of DeKalb County. BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by May 1, 1986. The organizational meeting of the commission shall be held at the call of the members who serve in the General Assembly. At the organizational meeting the commission shall elect from its own membership a chairman and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as its finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties. BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a systematic study of the DeKalb County government and the reorganization law adopted in 1981. The purpose of the study will be to identify those changes which need to be made in the reorganization law to solve problems heretofore described in this resolution and to achieve the efficient and effective functioning of the DeKalb County government. BE IT FURTHER RESOLVED that the commission shall complete its study by December 1, 1986, and submit its recommendations by December 15, 1986, to the members of the General Assembly who represent any portion of DeKalb County and to the Chief Executive Officer of DeKalb County and to each member of the Board of Commissioners of DeKalb County. The commission shall stand abolished on December 31, 1986. Approved April 7, 1986. Page 5652 ATLANTA-FULTON COUNTY TAXATION STUDY COMMISSION CREATED. No. 97 (House Resolution No. 686). A RESOLUTION Creating the Atlanta-Fulton County Taxation Study Commission; and for other purposes. WHEREAS, the property tax burden and long-term debt are far higher in Atlanta and Fulton County than in any other political subdivisions in the metropolitan Atlanta area; and WHEREAS, a study should be made of the property tax burden and bonded indebtedness of all political subdivisions within the metropolitan area in an effort to determine why the property tax burden of Atlanta and Fulton County is excessive as compared to the remainder of the metropolitan Atlanta area; and WHEREAS, the study should include an analysis of the state or regional impact of projects financed or partially financed or proposed to be financed by Atlanta-Fulton taxpayers and make recommendations for state or regional participation in the financing of such projects. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Atlanta-Fulton County Taxation Study Commission is created to consist of five members of the House of Representatives appointed by the Speaker of the House, five members of the Senate appointed by the President of the Senate, four citizens of Fulton County, and one citizen residing in that portion of Atlanta lying in DeKalb County, who shall not be officials or employees of the state or of any political subdivision of the state, appointed by the Governor. All members shall be appointed by May 1, 1986. The Speaker of the House shall designate one of his appointees as a cochairman, and the President of the Senate shall designate one of his appointees as a cochairman. The cochairmen may jointly preside at meetings of the commission or may alternate presiding or may designate either one as the presiding officer for all or any number of meetings. In the absence of one cochairman, Page 5653 the other shall preside at a meeting of the commission. The cochairmen shall call the organizational meeting of the commission. At such meeting, the commission shall elect from its own membership such additional officers as may be necessary or convenient. BE IT FURTHER RESOLVED that all members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet for such number of times and at such places as may be necessary to carry out its duties under this resolution. BE IT FURTHER RESOLVED that the commission may make a study of taxation, particularly ad valorem taxation, by the City of Atlanta and Fulton County. The commission shall compare the tax burden within Atlanta and Fulton County with the tax burden within other political subdivisions of the metropolitan Atlanta area and seek to determine why the tax burden of Atlanta-Fulton County taxpayers is excessive as compared to such other political subdivisions. In making its study, the commission may examine past and proposed budgets for the City of Atlanta and Fulton County and such other information relative to taxation by said political subdivisions as the commission may find appropriate. The commission shall also examine the financing of projects and proposed projects which will increase the tax burden of Atlanta or Fulton County taxpayers and determine to what extent such projects are of regional or state-wide significance and how such projects may be financed with regional or state-wide participation. The commission shall consult with DeKalb County Government on any matter concerning that portion of Atlanta lying within DeKalb County. BE IT FURTHER RESOLVED that the City of Atlanta and its officials, departments, and agencies and Fulton County and its officials, departments, and agencies shall cooperate fully with the commission by providing such information, documents, and assistance as the commission may reasonably require in carrying out its duties under this resolution. BE IT FURTHER RESOLVED that the commission shall complete its study and issue its report and recommendations by December 15, 1986. The commission's report and recommendations Page 5654 shall be sent to the Governor, to the members of the General Assembly, and to the members of the governing bodies of Atlanta and Fulton County. The commission shall stand abolished on December 31, 1986. Approved April 7, 1986. CARROLL COUNTY GOVERNMENT AUTHORITY STUDY COMMISSION CREATED. No. 98 (House Resolution No. 794). A RESOLUTION Creating the Carroll County Government Authority Study Commission; and for other purposes. WHEREAS, the office of the commissioner of Carroll County constitutes the present governing authority of Carroll County; and WHEREAS, the best interest of Carroll County citizens will be served by a coordinated study of alternative methods of county government. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Carroll County Government Authority Study Commission which shall be composed of 21 members as follows: (1) Seven members to be the mayors of the municipalities in Carroll County, or the designees of such mayors; (2) One member to be appointed by the Carroll County chapter of the League of Women Voters; and Page 5655 (3) Thirteen members to be appointed by the Carroll County delegation to the General Assembly. All members of the commission shall be representative of the territory and the population of Carroll County. BE IT FURTHER RESOLVED that the commission shall select a chairperson and a vice-chairperson by vote of the members at the first meeting. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary. BE IT FURTHER RESOLVED that the commission shall undertake a study of all aspects of the office of commissioner of Carroll County. It shall investigate the coordination, design, and functions of such governing authority and shall study and examine alternative methods of county government for Carroll County. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this resolution. The members of the commission shall serve without compensation. BE IT FURTHER RESOLVED that the commission shall make a report of its findings, conclusions, and recommendations for the improvement of the present form of government of Carroll County, including any proposed legislation, to the Carroll County delegation to the General Assembly on or before December 15, 1986. The commission shall stand abolished on December 31, 1986. Approved April 7, 1986. Page 5656 CITY OF AUGUSTA CITY COUNCIL; TERMS; COMPOSITION; ELECTIONS. No. 1628 (House Bill No. 1590). AN ACT To amend an Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved April 11, 1979 (Ga. L. 1979, p. 4060), so as to change terms and abolish certain offices on the city council; to provide for continuation in office of certain remaining members of council and provide for the election and terms of all successors thereafter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved April 11, 1979 (Ga. L. 1979, p. 4060), is amended by designating as subparagraph (a) of paragraph (6) the following unnumbered paragraph of Section 1 of the amendatory Act of 1955: When elections shall be held. The city election shall be conducted on a day fixed by the mayor and council which falls between the fifth and thirtieth of October of each year. The mayor and council may change the date of the election from time to time by ordinance. The mayor shall be elected every third year beginning in 1957 by the voters of the city. The members of the council, of whom there are two for each ward, shall be elected, one from each ward, beginning in 1955 and continuing thereafter excepting the years of general election for mayor, for the term of three years each by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards., Page 5657 and by adding at the end of that paragraph new subparagraphs (b), (c), (d), (e), and (f) to read as follows: (b) Those four members of the city council from Wards 2, 4, 5, and 7 who were elected at the city general election in 1983 shall serve out their terms of office, which expire the first Monday of January, 1987, and until their respective successors are elected at the city general election in 1986 and are qualified. Those successors shall take office the first day of January, 1987, to serve for terms of office ending the first Monday in January, 1989, at which time those four offices shall be abolished and no person shall be elected at the city general election in 1988 or any year thereafter to any such abolished office. (c) Those four members of the city council from Wards 1, 3, 6, and 8 who were elected at the city general election in 1983 shall serve out their terms of office, which expire the first Monday in January, 1987, and until their respective successors are elected at the city general election in 1986 and are qualified. Those successors shall take office the first Monday of January, 1987, to serve for a term of three years and until their respective successors are elected and qualified. Thereafter, successors to such members of the city council from Wards 1, 3, 6, and 8 whose terms are to expire shall be elected at the city general election immediately preceding the expiration of those terms and shall take office the first Monday of January immediately following that election to serve for terms of three years each and until their respective successors are elected and qualified. (d) Those four members of the city council from Wards 1, 3, 6, and 8 who were elected at the city general election in 1985 shall serve out their terms of office, which expire the first Monday in January, 1989, at which time those four offices shall be abolished and no person shall be elected at the city general election in 1988 or any year thereafter to any such abolished office. (e) Those four members of the city council from Wards 2, 4, 5, and 7 who were elected at the city general election in 1985 shall serve out their terms of office, which expire the first Monday in January, 1989, and until their respective Page 5658 successors are elected at the city general election in 1988 and are qualified. Those successors shall take office the first Monday of January, 1989, to serve for a term of three years each and until their respective successors are elected and qualified. Thereafter, successors to such members of the city council from Wards 2, 4, 5, and 7 whose terms are to expire shall be elected at the city general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election to serve for terms of three years each and until their respective successors are elected and qualified. (f) Notwithstanding subparagraph (a) of this section or any other provision of the charter of the City of Augusta, on and after January 1, 1989, the city council shall consist of eight members, with one member elected from each ward. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced at the regular 1986 session of the General Assembly of Georgia amending the charter of the City of Augusta incorporated as the City Council of Augusta by an act approved January 31, 1978, (Ga. Laws 1798), as amended, particularly by an act approved February 8, 1955 (Ga. Laws 1955, p. 2120), as amended, and for other purposes. Charles W. Walker, Representative for the 85th District State of Georgia Jan. 30 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, Page 5659 on oath, deposes and says that he is Representative from the 85th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following date: January 30, 1986. /s/ Charles W. Walker Representative, 85th District Sworn to and subscribed before me, this 31st day of January, 1986. /s/ Connie F. Smith Notary Public, Clayton County, Georgia. My Commission Expires Nov. 21, 1989. (SEAL). Approved April 11, 1986. Page 5661 ACTIONS BY COUNTY GOVERNING AUTHORITIES PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING HOME RULE FOR COUNTIES AND ARTICLE XI, SECTION I, PARAGRAPH IV OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING FOR CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS Page 5663 CLAYTON COUNTYEMPLOYEE PENSIONS; BENEFITS. STATE OF GEORGIA COUNTY CLAYTON ORDINANCE 85-11 AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION 2, PARAGRAPH 1 OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND GEORGIA LAWS 1971, PAGES 2917 ET SEQ. SO AS TO MODIFY THE NORMAL RETIREMENT BENEFIT; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR THE PURPOSES. BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY and by the authority of the same, as granted to them by the Constitution of the State of Georgia, Article IX, Section 2, Paragraph 2: SECTION 1 Georgia Laws 1971, page 2917, et seq., as amended, is hereby further amended by striking the first paragraph of Section 6 (a-2), Normal Retirement Benefits, and inserting in lieu thereof, to be also codified as the first paragraph of Sub-Section(a-2) of Section 1-5-40 of the Code of Clayton County, as amended, the following: Section 1-5-40 (a-2). The participant, upon retirement on his normal retirement date, will receive a monthly pension payable for life equal to the sum of (i) and (ii) below multiplied by (iii) below, in accordance with the following: Page 5664 (i) 1.20% of final average earnings up to and including $15,000. (ii) 1.625% of final average salary in excess of $15,000. (iii) Number of years of credited service. Employees who have passed their normal retirement date on July 1, 1984, but who are still working shall have their retirement benefit calculated under the above guidelines. All former employees retired and receiving benefits hereunder as of June 30, 1984, shall receive a 10% increase in their monthly benefit effective July 1, 1984. SECTION 2 The provisions of this ordinance shall be effective retroactively to July 1, 1984. SO ORDAINED this 5th day of March, 1985. BOARD OF COMMISSIONERS OF CLAYTON COUNTY By: /s/ Charley Griswell, Chairman /s/ Jim Stewart, Vice-Chairman /s/ Loren B. Cheaves, Commissioner /s/ Raymond E. Johnson, Commissioner /s/ Gerald A. Matthews, Commissioner Page 5665 Attest: /s/ Loretta C. Wright, Clerk The first reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on the 19th day of February, 1985, with the following members present and voting in favor: Chairman J. Charley Griswell, Vice Chairman Jim Stewart, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson, and Commissioner Gerald A. Matthews /s/ Loretta Wright, Clerk Board of County Commissioners Clayton County The second reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on the 5th day of March, 1985, with the following members present and voting in favor: Chairman J. Charley Griswell, Vice Chairman Jim Stewart, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson, and Commissioner Gerald A. Matthews /s/ Loretta Wright, Clerk Board of Commissioners Clayton County Attest: /s/ Loretta Wright, Clerk CERTIFICATION I, LORETTA C. WRIGHT, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 85-11 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS IN THE REGULAR Page 5666 BUSINESS MEETING OF MARCH 5, 1985. THE ORIGINAL MINUTES OF THIS MEETING MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. /s/ Loretta C. Wright, Clerk Clayton County Board of Commissioners March 11, 1985 STATE OF GEORGIA COUNTY OF CLAYTON CERTIFICATION This is to certify that a copy of the above and foregoing Ordinance has been received by this office and filed as is by law provided for the purpose of examination and inspection by the public. This the 13 day of February, 1985. /s/ Carol Bolin D/C Clerk, Superior Court Clayton Judicial Circuit NOTICE Notice is hereby given that at their next regularly scheduled meeting, and continuing thereafter from time to time, the Board of Commissioners of Clayton County will consider an Ordinance, adopted under the Home Rule Powers granted to Clayton County pursuant to Article IX, Section 2, Paragraph 1 of the Constitution of the State of Georgia of 1983, to amend Georgia Laws and Code of Clayton County by modifying pension benefits; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed Ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public. /s/ Steven M. Fincher, Assistant County Attorney Page 5667 STATE OF GEORGIA COUNTY OF CLAYTON Personally appeared before the undersigned a notary public within and for said county and state, William L. Wadkins Publisher of Clayton News/Daily, the official legal organ for the county of Clayton for the publication of official or legal advertisements for said county, said newspaper published at P. O. Box 368, Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, state on oath that the report of see attached a true copy of which is hereto annexed, was published in said newspaper in it's issue of the following dates: February 5, 12, 19, 1985 Signed, William L. Wadkins, Publisher Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribe before me this date /s/ Brenda M. Morgan Notary Public Georgia, State at Large My Commission Expires June 14, 1986 Filed in the Office of the Secretary of State March 12, 1985. Page 5668 CLAYTON COUNTYPURCHASES. STATE OF GEORGIA COUNTY OF CLAYTON ORDINANCE NO 85-6 AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION 2, PARAGRAPH 1, OF THE CONSTITUTION OF GEORGIA OF 1983 TO AMEND THE GEORGIA LAWS 1955 p.2064; 1871 p.2005, AND 1975 p.2827, AS AMENDED AND THE CODE OF CLAYTON COUNTY, GEORGIA BY INCREASING THE MINIMUM DOLLAR AMOUNT UNDER WHICH THE COUNTY MAY MAKE PURCHASES WITHOUT ADVERTISEMENT AND BIDS; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. BE IT AND IT HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY and by the authority of the same, as granted to them by the Constitution of the State of Georgia of 1983, Article IX, Section 2, Paragraph 2 that the Georgia Laws 1955 p.2064; 1971 p.2005, and 1975 p.2827, as amended and The Code of Clayton County, Georgia, as amended, is hereby further amended by: (a) striking subsection (4)(c) of Section 5 Georgia Laws 1971 2005 codified as subsection (c) of Section 1-2-35.1 of the Code of Clayton County, Georgia and inserting in lieu thereof a new subsection to read as follows; Section 1-2-35.1 Purchasing Agent: (c) The purchasing agent shall have the authority to purchase materials and supplies on the open market where the purchase price does not exceed Fifteen Thousand Dollars ($15,000.00). If the purchase price exceeds Fifteen Thousand Dollars ($15,000.00), the purchase may be made by the purchasing agent only after the prospective purchase has been advertised in the official County newspaper and approved by the Board of Commissioners. (b) by striking from Georgia Laws 1975 p.2827 Section 1(13) codified as Section 1-2-36 each term using the words five thousand Page 5669 dollars ($5,000.00) and inserting in lieu thereof the words Fifteen Thousand dollars ($15,000.00). SO ORDAINED this 5th day of March, 1985. BOARD OF COMMISSIONERS OF CLAYTON COUNTY By: /s/ Charley Griswell, Chairman /s/ Jim Stewart, Vice Chairman /s/ Loren B. Cheaves, Commissioner /s/ Raymond E. Johnson, Commissioner /s/ Gerald A. Matthews, Commissioner Attest: /s/ Loretta C. Wright, Clerk The first reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioners of Clayton County on the 19th day of February, 1985, with the following members present and voting in favor: Chairman J. Charley Griswell, Vice Chairman Jim Stewart, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson, and Commissioner Gerald A. Matthews /s/ Loretta Wright, Clerk Board of County Commissioners Clayton County The second reading of the above and foregoing Resolution was held at the regular meeting of the Board of County Commissioner Page 5670 of Clayton County on the 5th day of March, 1985, with the following members present and voting in favor: Chairman J. Charley Griswell, Commissioner Loren B. Cheaves, Commissioner Raymond E. Johnson, and Commissioner Gerald A. Matthews /s/ Loretta Wright, Clerk Board of Commissioners Clayton County Attest: /s/ Loretta Wright, Clerk CERTIFICATION I, LORETTA C. WRIGHT, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 85-6 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS IN THE REGULAR BUSINESS MEETING OF MARCH 5, 1985. THE ORIGINAL MINUTES OF THIS MEETING MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. /s/ Loretta C. Wright, Clerk Clayton County Board of Commissioners March 11, 1985 STATE OF GEORGIA COUNTY OF CLAYTON CERTIFICATION This is to certify that a copy of the above and foregoing Ordinance has been received by this office and filed as is by law provided for the purpose of examination and inspection by the public. This the 4 day of February, 1985. /s/ Carol Bolin D/C Clerk, Superior Court Clayton Judicial Circuit Page 5671 NOTICE Notice is hereby given that at their next regularly scheduled meeting, and continued thereafter from time to time, the Board of Commissioners of Clayton County will consider an ordinance, adopted under the Home Rule powers granted to Clayton County pursuant to Article IX, Section 2, Paragraph 1, of the Constitution of Georgia of 1983, to amend the Code of Clayton County, Georgia by increasing the minimum dollar amount under which the County may make purchases without advertisement and bids; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance is on file in the office of the clerk of the Superior Court for the purpose of examination and inspection by the public. /s/ Loretta C. Wright Clerk of the Board of Commissioners of Clayton County STATE OF GEORGIA COUNTY OF CLAYTON Personally appeared before the undersigned a notary public within and for said county and state, William L. Wadkins Publisher of Clayton News/ Daily, the official legal organ for the county of Clayton for the publication of official or legal advertisements for said county, said newspaper published at P. O. Box 368, Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, state on oath that the report of see attached a true copy of which is hereto annexed, was published in said newspaper in it's issue of the following dates: February 5, 12, 19, 1985 Signed William L. Wadkins, Publisher Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Page 5672 Sworn to and subscribe before me this date /s/ Brenda M. Morgan Notary Public, Georgia, State at Large My Commission Expires June 14, 1986 (SEAL) Filed in the Office of the Secretary of State March 12, 1985. DEKALB COUNTYDEKALB COUNTY PLANNING COMMISSION; DEKALB COUNTY BOARD OF ZONING APPEALS; MEMBERSHIP. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT AUTHORIZING THE CREATION AND GOVERNING THE OPERATION OF THE DEKALB COUNTY PLANNING COMMISSION AND THE DEKALB COUNTY BOARD OF ZONING APPEALS, ENACTED BY THE GENERAL ASSEMBLY OF 1956, GEORGIA LAWS 1956, PAGE 332, et seq. , AS AMENDED, TO INCREASE THE MEMBERSHIP OF SAID PLANNING COMMISSION AND SAID BOARD OF ZONING APPEALS, TO PROVIDE FOR THE METHOD OF APPOINTMENT OF THE RESPECTIVE MEMBERSHIP THEREOF, TO PROVIDE FOR THE ELECTION OF THE CHAIRMAN OF THE PLANNING COMMISSION, TO ADJUST CURRENT MEMBERSHIP AND APPOINTMENTS TO THE PROVISIONS OF AN ACT ESTABLISHING THE FORM OF GOVERNMENT OF DEKALB COUNTY, GEORGIA LAWS 1981, PAGE 4304, AS AMENDED, AND FOR OTHER PURPOSES. Page 5673 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, and it is hereby ordained by the authority of same pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, as amended, authorizing the creation and governing the operation of the DeKalb County Planning Commission and the DeKalb County Board of Zoning Appeals, Georgia Laws 1956, page 3332, et seq. , as amended, hereinafter referred to as the 1956 Act, be and the same is hereby further amended as follows: 1. By deleting in its entirety the second sentence of Section 1 which provides: The DeKalb County Planning Commission shall consist of not less than five (5) and not more than seven (7) citizens of the county appointed by the governing authority of the county. and substituting in lieu thereof the following: The DeKalb County Planning Commission shall consist of nine (9) members, residents of DeKalb County, who shall be appointed by the governing authority of the county as follows: (1) each member of the board of commissioners and the chief executive officer shall make one appointment, and (2) one appointment shall be made by the majority vote of the board of commissioners with the concurrence of the chief executive officer. 2. By deleting the first sentence of Section 2 in its entirety which provides: The county governing authority shall appoint one (1) member of the county planning commission to serve as chairman and the municipal governing authority shall appoint one (1) member of the municipal county planning commission to serve as chairman. and substituting in lieu thereof the following: The planning commission shall elect one of its appointive members to serve as chairman, and the municipal-county Page 5674 planning commission shall elect one of its appointive members to serve as chairman. 3. By deleting in its entirety the second sentence of Section 11, as amended, which provides: The board of zoning appeals shall consist of seven (7) members, residents of DeKalb County appointed by the board of commissioners, the chairman and each commissioner making one (1) appointment. and substituting in lieu thereof the following: The board of zoning appeals shall consist of nine (9) members, residents of DeKalb County, who shall be appointed by the governing authority of the county as follows: (1) each member of the board of commissioners and the chief executive officer shall make one appointment, and (2) one appointment shall be made by majority vote of the board of commissioners with the concurrence of the chief executive officer. 4. By deleting in its entirety the third sentence of Section 11, as amended, which provides: The term of each member shall run concurrently with the term of the person making the appointment. and substituting in lieu thereof the following: The term of each member shall run concurrently with the term of office of the person making the appointment, except that the member appointed by majority vote of the board of2commissioners with the concurrence of the chief executive officer shall serve a four year term. 5. This Ordinance shall not be construed to change the terms of office of any member of the DeKalb County Planning Commission or the DeKalb County Board of Zoning Appeals holding office on the date this Ordinance is approved or otherwise becomes law and the members thereof shall be entitled to serve for the respective terms of office for which they were appointed. This ordinance shall become effective for the appointment of successor members as provided in the quoted provisions of Sections 1 and 11 of the 1956 Act as amended herein. For the purpose of the appointment of such successors: Page 5675 (1) The successor for each incumbent member shall be appointed by the member of the DeKalb County Board of Commissioners from the same district or at-large position as the commissioner who nominated, recommended for appointment or (in the case of the board of zoning appeals) made the original appointment of the incumbent member. (2) The successors for incumbent members formerly nominated, recommended for appointment, or appointed by the Chairman of the DeKalb County Board of Commissioners shall be appointed by the Chief Executive Officer of DeKalb County. (3) The member of the Board of Commissioners serving District 5, created by Georgia Laws 1981, page 4304, as amended, shall make new appointments pursuant to the provisions of Sections 1 and 11 of the 1956 Act, as amended. 6. All laws or parts of law in conflict with this Ordinance are hereby repealed. 7. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. 8. This Ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. 9. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 11th day of December 1984, and again on the 21st day of December 1984, at the regular time and place of the meeting of said Board. Page 5676 10. A copy of this Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire the same. 11. The provisions of this Ordinance shall become effective January 1, 1985. ADOPTED by the DeKalb County Board of Commissioners this 21 day of December 1984. /s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia Attest: /s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia Approved as to form: /s/ Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Clerk of the Board of Commissioners of DeKalb County, do hereby certify that the attached instrument is a true and correct copy of the ordinance adopted by them at two regular consecutive meetings held on December 11 and December 21, 1984. This 21 day of December 1984. /s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia Sworn to and subscribed before me this 21st day of December, 1984. /s/ Gene H. Doi Notary Public Page 5677 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News/Era, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of the 6th, 13th and 20th days of December 1984. /s/ Gerald W. Crane Publisher Decatur-DeKalb News/Era Sworn to and subscribed before me this 20th day of December, 1984. /s/ B. Lynn Crane Notary Public My commission expires: January 3, 1986 PUBLIC NOTICE The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia, will present to the full Board at its regular meetings on December 11, 1984, and December 21, 1984, an ordinance to amend the Act authorizing the creation and governing the operation of the DeKalb County Planning Commission and the DeKalb County Board of Zoning Appeals enacted by the General Assembly of 1956, Georgia Laws 1956, page 3332, et seq., as amended, to increase the membership of said planning commission and said board of zoning appeals, to provide for the method of appointment of the membership thereof, to provide for the election of the chairman of the planning commission, to adjust the membership and appointments to the provisions of an Act establishing the form of government of DeKalb County, Georgia Laws 1981, page 4304, et seq., as amended, and for other purposes. The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners Page 5678 to adopt an Ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that cpies of said Ordinance are available from him for interested members of the public. This 3rd day of December, 1984. /s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia 27-2903,12/6-12/20 Filed in the Office of the Secretary of State March 21, 1985. DEKALB COUNTYDEKALB COUNTY AIRPORT AUTHORITY; MEMBERSHIP. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT AUTHORIZING THE CREATION AND GOVERNING THE OPERATION OF THE DEKALB COUNTY AIRPORT AUTHORITY ENACTED BY THE GENERAL ASSEMBLY OF 1976, GEORGIA LAWS 1976, PAGE 2926, et seq. , AS AMENDED BY GEORGIA LAWS 1979, PAGE 3656, et seq. , TO INCREASE THE MEMBERSHIP OF SAID AUTHORITY, TO PROVIDE FOR THE METHOD OF APPOINTMENT Page 5679 OF THE MEMBERS OF THE AUTHORITY, AND TO ADJUST THE MEMBERSHIP AND APPOINTMENTS TO THE PROVISIONS OF AN ACT ESTABLISHING THE FORM OF GOVERNMENT OF DEKALB COUNTY, GEORGIA LAWS 1981, PAGE 4304, AS AMENDED, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, and it is hereby ordained by the authority of same pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, as amended, authorizing the creation and governing the operation of the DeKalb County Airport Authority, Georgia Laws 1976, page 2926, et seq. , as amended, be and the same is hereby further amended as follows: 1. By deleting sections 5 and 6 in their entirety and substituting in lieu thereof new sections 5 and 6 to read as follows: Section 5. Membership of the Authority. The Authority shall be composed of nine (9) members, all of whom shall be appointed by the governing authority of DeKalb County in the manner and for the terms of office as provided in Section 6 of this Act. Section 6. Appointment, terms of office. (a) For the purpose of appointing members of the Authority, there shall be nine (9) posts for such membership with appointments made as follows: Post 1. The member of the Board of Commissioners from District 1 shall make the appointment. Post 2. The member of the Board of Commissioners from District 2 shall make the appointment. Post 3. The member of the Board of Commissioners from District 3 shall make the appointment. Post 4. The member of the Board of Commissioners from District 4 shall make the appointment. Post 5. The member of the Board of Commissioners from District 5 shall make the appointment. Page 5680 Post 6. One of the at-large members of the Board of Commissioners shall make the appointment. Post 7. The other at-large member of the Board of Commissioners shall make the appointment. Post 8. The Chief Executive Officer of DeKalb County shall make the appointment. Post 9. The Board of Commissioners shall make the appointment by majority vote with the concurrence of the Chief Executive Officer. (b) Each member of the Authority shall serve for a term of office concurrent with the term of office of the person who appointed him except that the member appointed to Post 9 shall serve a four year term and except that any such member shall hold over until his successor is appointed as hereinafter provided. (c) The Chief Executive Officer and each member of the Board of Commissioners shall make his respective appointment for membership on the Authority within fifteen (15) days after he takes the oath of office for a full term of office as Chief Executive Officer or a member of said Board of Commissioners. The appointment of the member for Post 9 shall be made within fifteen (15) days after the Chief Executive Officer takes the oath of office for a full term of office. 2. By deleting Section 9 in its entirety and substituting in lieu thereof a new Section 9 as follows: Section 9. Vacancies. Should a vacancy occur in the membership of the Authority either by resignation, death, change of residence, removal as provided by Section 10, or for any other reason, the entity entitled to make the original appointment, shall, within not more than thirty (30) days after the date of the vacancy, appoint a person to serve as a member of the Authority for the unexpired term of the member whose Post is vacant. Until a vacancy is filled as herein provided, the total number of members of the Authority, for the purposes of determining a quorum, shall not include the vacant Post. Page 5681 3. This Amendment shall not be construed to change the term of office of any member of the DeKalb County Airport Authority holding office on the date this Amendment is approved or otherwise becomes law, and the members of said Authority shall be entitled to serve for the respective terms of office for which they were appointed. This Amendment shall become effective as necessary to provide for the appointment of successor members of the Authority in conformity with the provisions of quoted Sections 5 and 6 of Section 1 of this Amendment, and for such purposes: (1) The incumbent member of the Authority in Post 5 shall be designated as holding Post 6 and his successor shall be appointed by the member of the Board of Commissioners from the at-large district who originally nominated him. (2) The incumbent member of the Authority in Post 6 shall be redesignated as holding Post 7 and his successor shall be appointed by the member of the Board of Commissioners from the at-large district who originally nominated him. (3) The incumbent member of the Authority in Post 7, formerly nominated by the Chairman of the Board of Commissioners, shall be redesignated as holding Post 8 and his successor shall be appointed by the Chief Executive Officer. 4. All laws or parts of law in conflict with this Ordinance are hereby repealed. 5. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. 6. This Ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consective meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for Page 5682 three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. 7. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 11th day of December 1984, and again on the 21st day of December 1984, at the regular time and place of the meeting of said Board. 8. A copy of this Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire the same. 9. The provisions of this Ordinance shall become effective January 1, 1985. ADOPTED by the DeKalb County Board of Commissioners this 21 day of December 1984. /s/ Manuel J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia Attest: /s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia Approved as to form: /s/ Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Clerk of the Board of Commissioners of DeKalb County, do hereby certify Page 5683 that the attached instrument is a true and correct copy of the ordinance adopted by them at two regular consecutive meetings held on December 11 and December 21, 1984. This 21 day of December 1984 /s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia Sworn to and subscribed before me this 21 day of December, 1984. /s/ Gene H. Doi Notary Public STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News/Era, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of the 6th, 13th and 20th days of December 1984. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News/Era Sworn to and subscribed before me this 20th day of December, 1984. /s/ B. Lynn Crane Notary Public My commission expires: January 3, 1986 PUBLIC NOTICE The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia, will present to the full Board at its regular meetings on December 11, 1984, Page 5684 and December 21, 1984, an ordinance to amend the Act authorizing the creation and governing the operation of the DeKalb County Airport Authority enacted by the General Assembly of 1976, Georgia Laws 1976, page 2926, et seq., as amended by Georgia Laws 1979, page 3656, to increase the membership of said authority, to provide for the method of appointment of the members of the authority, to adjust the membership and appointments to the provisions of an Act establishing the form of government of DeKalb County, Georgia Laws 1981, page 4304, et seq., as amended, and for other purposes. The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an Ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies of said Ordinance are available from him for interested members of the public. This 3rd day of December, 1984. /s/ Manual J. Maloof, Chairman Board of Commissioners DeKalb County, Georgia 27-2896,12/6-12/20 Filed in the Office of the Secretary of State March 21, 1985. Page 5685 DEKALB COUNTYDEKALB COUNTY COMMUNITY RELATIONS COMMISSION; APPOINTMENT OF MEMBERS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING AND GOVERNING THE OPERATION OF THE DEKALB COUNTY COMMUNITY RELATIONS COMMISSION ENACTED BY THE GENERAL ASSEMBLY OF 1970, GEORGIA LAWS 1970, PAGE 3097, et. seq. , TO PROVIDE FOR APPOINTMENTS BY THE CHIEF EXECUTIVE OFFICER WITH ADVICE AND CONSENT OF THE BOARD OF COMMISSIONERS, TO ADJUST THE PROVISIONS OF SAID ACT TO THE PROVISIONS OF AN ACT ESTABLISHING THE FORM OF GOVERNMENT OF DEKALB COUNTY, GEORGIA LAWS 1981, PAGE 4304, et. seq. , AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, and it is hereby ordained by the authority of same pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act creating and governing the operation of the DeKalb County Community Relations Commission, Georgia Laws 1970, page 3097, et. seq. , be and the same is hereby amended as follows: 1. By deleting Section 1 in its entirety and substituting in lieu thereof the following: The governing authority of DeKalb County shall create and appoint the DeKalb County Community Relations Commission, to be composed of twenty-one citizens of DeKalb County selected by the Chief Executive Officer of DeKalb County with the advice and consent of the members of the DeKalb County Board of Commissioners, and emphasis shall be on obtaining a diverse group insofar as political party, race, religion, economic status, type of employment and age, national origin and sex is concerned. Seven of the members shall be appointed to terms of three years each, and until their successors are appointed and qualified; seven of the members shall be appointed for terms of two years each, and until their successors are appointed and qualified, and seven of the members shall be appointed to terms of one Page 5686 year each, and until their successors are appointed and qualified. After initial appointments have been served, appointive terms shall be three years each in duration. The DeKalb County Community Relations Commission shall have a Chairperson who shall be appointed by the Chief Executive Officer of DeKalb County for a term of three years; and until his or her successor is appointed, and a vice-chairperson, secretary, and such other officers deemed advisable by the DeKalb County Community Relations Commission, each of whom shall be elected by the members of the DeKalb County Community Relations Commission, for terms of three years each. Officers may succeed themselves. 2. By deleting the word chairman in subsection (e) of Section 2 and substituting in lieu thereof the words Chief Executive Officer. 3. By deleting Section 3 in its entirety and substituting in lieu thereof the following: No member of the DeKalb County Community Relations Commission shall receive any compensation for his or her activities as a member of said body. The DeKalb County Community Relations Commission shall submit an annual budgetary request to the governing authority of DeKalb County for approval. The governing authority of DeKalb County is hereby authorized to appropriate county funds for use by the DeKalb County Community Relations Commission, as provided herein. 4. This ordinance shall not be construed to change the terms of office of any of the incumbent members of the DeKalb Community Relations Commission and successors shall be appointed for three year terms as provided in Section 1 of this ordinance. 5. All laws or parts of law in conflict with this Ordinance are hereby repealed. 6. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. Page 5687 7. This Ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. 8. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 22nd day of January 1985, and again on the 12th day of February 1985, at the regular time and place of the meeting of said Board. 9. A copy of this Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire the same. 10. The provisions of this Ordinance shall become effective upon their adoption. ADOPTED by the DeKalb County Board of Commissioners this 12 day of February 1985. /s/ Jean Williams Presiding Officer Board of Commissioners DeKalb County, Georgia Approved by the Chief Executive Officer of DeKalb County, this 14 day of February 1985. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia Attest: /s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia Page 5688 Approved as to form: /s/ Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Clerk of the board of Commissioners of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on January 22, 1985, and on February 12, 1985, and approved by the Chief Executive Officer. /s/ David W. Joyner, Clerk Board of Commissioners DeKalb County, Georgia Sworn to and subscribed before me this 12 day of February, 1984 /s/ Gene H. Doi Notary Public STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News/Era, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of the 24th, and 31st days of January 1985, and the 7th day of February, 1985. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News/Era Sworn to and subscribed before me this 7th day of February, 1985. /s/ B. Lynn Crane Notary Public My commission expires: January 3, 1986 Page 5689 PUBLIC NOTICE The public is hereby notified that the Chief Executive Officer of DeKalb County, Georgia, will present to the full Board of Commissioners at its regular meetings on January 22, 1985, and February 12, 1985, an ordinance to amend the Act authorizing the creation and governing the operation of the DeKalb County Community Relations Commission enacted by the General Assembly of 1970, Georgia Laws 1970, page 3097, et. seq., to provide for appointments by the Chief Executive Officer with advice and consent of the Board of Commissioners, to adjust the provisions of said Act to the provisions of an Act establishing the form of government of DeKalb County, Georgia Laws 1981, page 4304, et seq., as amended, and for other purposes. The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an Ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies of said Ordinance are available from him for interested members of the public. This 10th day of January, 1985. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 27-3849,1/24-2/7 Filed in the Office of the Secretary of State March 21, 1985. Page 5690 PAULDING COUNTYPAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. RESOLUTION Resolution of the Board of Commissioners of Paulding County for the continuance of the Paulding County Industrial Building Authority. WHEREAS, the General Assembly of the State of Georgia adopted a resolution proposing a local amendment to the Georgia Constitution of 1945 to establish the Paulding County Industrial Building Authority in and for Paulding County, Georgia, which resolution appears at Georgia Laws 1962, Page 1176 et seq. (The Amendment); and WHEREAS, the amendment establishing the Paulding County Industrial Building Authority was ratified on November 6, 1962, and proclaimed on November 16, 1962; and WHEREAS, the amendment was continued in force and effect as a part of the Georgia Constitution of 1976, pursuant to Article XIII, Section I, Paragraph II of the Constitution of 1976 and was in force and effect on July 1, 1983, the effective date of the Georgia Constitution of 1983; and WHEREAS, Article XI, Section I, Paragraph IV (a) of the Georgia Constitution of 1983 directs that the Amendment shall continue in force and effect as part of the Georgia Constitution of 1983 until July 1, 1987, at which time said Amendment shall be repealed and shall be deleted as a part of the Georgia Constitution of 1983 unless it shall be specifically continued in force and effect by one of several means, including a resolution duly adopted prior to July 1, 1987, by the local governing authority in the manner provided for the adoption of home rule amendments to its charter or local acts; and WHEREAS, Article IX, Section II, Paragraph I (b) (1) of the Georgia Constitution of 1983 specifies that home rule amendments Page 5691 to a local act may be adopted by the county governing authority, and pursuant thereto, a notice containing a synopsis of the resolution herein adopted was published in the Dallas New Era, the official organ of Paulding County, Georgia, on February 7, 1985, February 14, 1985, and February 21, 1985, which notice stated that a copy of the proposed resolution was on file in the Office of The Clerk of the Superior Court of Paulding County for the purpose of examination and inspection by the public; and WHEREAS, the Commissioners have determined that continued existence of the Paulding County Industrial Building Authority is necessary to achieve the ends of promoting and expanding, for the public good and general welfare of Paulding County and the State of Georgia, trade, commerce, industry, and employment opportunities, and further have determined to continue the Amendment in full force and effect indefinitely beyond July 1, 1987. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Paulding County, Georgia, pursuant to Article XI, Section I, Paragraph IV of the Georgia Constitution of 1983, does hereby specifically continue the Amendment in force and effect without amendment. RESOLVED, FURTHER that this Resolution be effective upon its adoption at two regular consecutive meetings of the Commissioners. RESOLVED, FURTHER that the Clerk of this Board is directed to cause to be filed a copy of the published notice referred to above, an Affidavit of a duly authorized representative of the referenced newspaper as to the due publication of said notice, and a copy of this Resolution with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Paulding County, promptly upon this Resolution becoming effective. ADOPTED this 12th 26th day of February, 1985. Page 5692 Board of Commissioners of Paulding County, Georgia. /s/ Earl Duncan, Chairman /s/ Jack C. Hart, Commissioner Post 2 /s/ Roy Lee Strickland, Commissioner Post 1 Attest: /s/ Charles M. Cole Clerk CLERK'S CERTIFICATE I, CHARLES COLE, Clerk of the Board of Commissioners of Paulding County, Georgia, do hereby certify that the foregoing typewritten matter constitutes a true and correct copy of the Resolution adopted on February 12th and 26th, 1985, by said Board of Commissioners in a meeting after due and reasonable public notice given in accordance with the procedures of the Board and the provisions of law, duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, and that the original of said Resolution appears of public record in the Minute Book of said Board of Commissioners, which is in my custody and control. Given under my hand and seal of this county this 26th day of February, 1985. /s/ Charles M. Cole, Clerk Board of Commissioners of Paulding County, Georgia Page 5693 AFFIDAVIT STATE OF GEORGIA COUNTY OF PAULDING I, T. E. PARKER, do hereby certify that I am publisher of The Dallas New Era, the newspaper in which sheriff's advertisements appear for Paulding County, Georgia, and the attached notice was published in said newspaper on the following dates, to-wit: February 7, 1985, February 14, 1985 and February 21, 1985. /s/ T. E. Parker Sworn to and subscribed before me this 26th day of February, 1985. /s/ W. Robert Lane Notary Public Notary Public, Georgia, State At Large My Commission Expires Aug. 26, 1988 NOTICE The Board of Commissioners of Paulding County Georgia will consider for adoption at two regular consecutive meetings to be held on February 12, 1985 and February 26, 1985, a resolution which would specifically continue in force and effect, without amendment, the local amendment to the Georgia Constitution which established the Paulding County Industrial Building Authority. A copy of the proposed resolution is on file in the Office of the Clerk of the Superior Court of Paulding County for the purpose of examination and inspection by the public. The Clerk of said Superior Court shall furnish to anyone, upon request, a copy of the proposed resolution. (3t7) Filed in the Office of the Secretary of State March 26, 1985. Page 5694 SCREVEN COUNTYSCREVEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF SCREVEN COUNTY, GEORGIA, TO CONTINUE IN FORCE THE LOCAL CONSTITUTIONAL AMENDMENT AND ACT OF THE GENERAL ASSEMBLY CREATING THE SCREVEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES WHEREAS, the Screven County Industrial Development Authority was created by local amendment to the Constitution of the State of Georgia (Ga. Laws, 1962, page 1079, et seq .) and by an act of the General Assembly of the State of Georgia (Ga. Laws 1963, page 2322, et seq .), and WHEREAS, by referring to the aforesaid amendment and act, they are each incorporated herein by reference as fully as if set forth herein, and WHEREAS, Article XI, Section I, Paragraph IV, of the Constitution of the State of Georgia provides that local amendments to the Constitution of 1877 and 1945 which were continued in force and effect as a part of the Constitution of 1976, and amendments to the Constitution of 1976 which were ratified not as general amendments but which were in force and effect on the effective date of the present Constitution should continue in force until July 1, 1987 at which time they should stand repealed unless continued in force and effect either by a local law enacted prior to July 1, 1987 or by ordinance or resolution duly adopted prior to July 1, 1987 by the local governing authority in the manner provided for the adoption of home rule amendments to its charter or local act, and WHEREAS, the governing authority of Screven County, Georgia desires that the aforesaid local constitutional amendment and act shall be specifically continued in force and effect, and WHEREAS, Article IX, Section II, Paragraph I of the Constitution provides how counties may amend local acts; Page 5695 NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Screven County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The aforesaid constitutional amendment and act of the Georgia General Assembly relating to the Screven County Industrial Development Authority, which are eligible for continuation pursuant to the provisions of the present Constitution of Georgia are hereby specifically continued in force and effect without amendment. Section 2. Upon final adoption, the Clerk of this body is directed to transmit forthwith to the Secretary of State a certified copy of this ordinance and a copy of the notice of publication and an affidavit of a duly authorized representative of the newspaper in which the notice is published to the effect that the notice has been published as provided by the Constitution and Laws of the State of Georgia. Section 3. This ordinance shall be effective immediately upon its passage. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Date of First Adoption: May 28, 1985 Passed by the following vote: Yes 7 No 0 Approved: /s/ Sidney A. Jenkins Chairman, Board of Commissioners of Screven County, Georgia Attest: /s/ Patsy Moore County Clerk Date of Second Adoption: June 25, 1985 Passed by the following vote: Yes 7 No 0 Page 5696 Approved: /s/ Sidney A. Jenkins Chairman, Board of Commissioners of Screven County, Georgia Attest: /s/ Patsy B. Moore County Clerk AFFIDAVIT STATE OF GEORGIA COUNTY OF SCREVEN I, C. D. HOLLINGSWORTH, JR., DO HEREBY CERTIFY that I am publisher of the Sylvania Telephone, a newspaper having general circulation in Screven County, Georgia, and the attached notice of Amendment to Act Creating Screven County Industrial Development Authority, was published in said newspaper on the following dates, to wit: June 6, June 13 and June 20, 1985. /s/ C. D. Hollingsworth, Jr. Publisher Sworn to and subscribed before me this 25th day of June, 1985. /s/ Charlotte S. Cribbs Notary Public, Screven County, Ga. NOTICE By ordinance adopted by the Board of Commissioners of Screven County the existing local constitutional amendment establishing the Screven County Industrial Development Authority, (Ga. Laws, 1962, page 1079, et seq.) and an Act of the General Assembly (Ga. Laws, 1963, page 2322, et seq.) are continued in force and effect without amendment. Page 5697 A copy of the ordinance or amendment is on file in the office of the Clerk of the Superior Court of the County for the purpose of examination and inspection by the public. This 28th day of May, 1985. /s/ Patsy Moore, Clerk, Board of Commissioners of Screven County 3T June 20 chg. Filed in the Office of the Secretary of State July 1, 1985. SCREVEN COUNTYAD VALOREM TAX EXEMPTION FOR QUALIFYING MANUFACTURING ESTABLISHMENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF SCREVEN COUNTY, GEORGIA, TO CONTINUE IN FORCE THE LOCAL CONSTITUTIONAL AMENDMENT EXEMPTING QUALIFYING MANUFACTURING ESTABLISHMENTS FROM LOCAL AD VALOREM TAXES; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES WHEREAS, Article VII, Section I Paragraph IV of the Constitution of the State of Georgia was amended by a local amendment (Ga. Laws, 1982, page 2635 et seq. ) to provide for a five-year exemption from all county, municipal, and school district ad valorem taxes for qualifying manufacturing establishments located in Screven County, and WHEREAS, the aforesaid constitutional amendment was ratified by the voters of the Screven County School District and Screven County in a 1982 general election, and WHEREAS, Article XI, Section I, Paragraph IV, of the Constitution of the State of Georgia provides that local amendments Page 5698 to the Constitution of 1877 and 1945 which were continued in force and effect as a part of the Constitution of 1976, and amendments to the Constitution of 1976 which were ratified not as general amendments but which were in force and effect on the effective date of the present Constitution should continue in force until July 1, 1987 at which time they should stand repealed unless continued in force and effect either by a local law enacted prior to July 1, 1987 or by ordinance or resolution duly adopted prior to July 1, 1987 by the local governing authority in the manner provided for the adoption of home rule amendments to its charter or local acts, and WHEREAS, Article IX, Section II, Paragraph I of the Constitution provides how counties may amend local acts; and WHEREAS, the governing authority of Screven County, Georgia desires that the aforesaid local constitutional amendment shall be specifically continued in force and effect; NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Screven County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The aforesaid constitutional amendment relating to the five-year exemption from all county, municipal, and school district ad valorem taxes for qualifying manufacturing establishments located in Screven County, Georgia, which is eligible for continuation pursuant to the provisions of the present Constitution of Georgia is hereby specifically continued in force and effect without amendment. Section 2. On final adoption, the Clerk of this body is directed to transmit forthwith to the Secretary of State a certified copy of this ordinance and a copy of the notice of publication and an affidavit of a duly authorized representative of the newspaper in which the notice is published to the effect that the notice has been published as provided by the Constitution and Laws of the State of Georgia. Section 3. This ordinance shall be effective immediately upon its passage. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Page 5699 Date of First Adoption: May 28, 1985 Passed by the following vote: Yes 7 No 0 Approved: /s/ Sidney A. Jenkins Chariman, Board of Commissioners of Screven County, Georgia Attest: /s/ Patsy Moore County Clerk Date of Second Adoption: June 25, 1985 Passed by the following vote: Yes 7 No 0 Approved: /s/ Sidney A. Jenkins Chairman, Board of Commissioners of Screven County, Georgia Attest: /s/ Patsy B. Moore County Clerk AFFIDAVIT STATE OF GEORGIA COUNTY OF SCREVEN I, C. D. HOLLINGSWORTH, JR., DO HEREBY CERTIFY that I am publisher of the Sylvania Telephone, a newspaper having general circulation in Screven County, Georgia, and the attached notice of Amendment to Local Constitutional Amendment Exempting Qualifying Manufacturing Establishments from Local Ad Valorem Taxes, was published in said newspaper Page 5700 on the following dates, to wit: June 6, June 13 and June 20, 1985. /s/ C. D. Hollingsworth, Jr. Publisher Sworn to and subscribed before me this 25th day of June, 1985. /s/ Charlotte S. Cribbs Notary Public, Screven County, Ga. NOTICE By ordinance adopted by the Board of Commissioners of Screven County the local constitutional amendment exempting qualifying manufacturing establishments from local ad valorem taxes (Ga. Laws, 1982, page 2635, et seq.) is continued in force and effect without amendment. A copy of the ordinance or amendment is on file in the office of the Clerk of the Superior Court of the County for the purpose of examination and inspection by the public. This 28th day of May, 1985. /s/ Patsy Moore, Clerk, Board of Commissioners of Screven County 3T June 20 chg. Filed in the Office of the Secretary of State July 1, 1985. Page 5701 CHARLTON COUNTYCOUNTY ATTORNEY; RESIDENCE. RESOLUTION PURPOSE:To amend the act which created the Charlton County Board of Commissioners (Ga. Laws 1927, p. 529) as amended, to delete the provision from Section 13 of said Act requiring the County Attorney to be a resident of Charlton County. WHEREAS, in Section 13 of the Act creating the Chalton County Commission, (Ga. Laws 1927, p. 529) it provided that the Board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney, to advise the board and represent the County in such matters as the Board of Commissioners may direct, who shall be paid such compensation as the Board of Commissioners may fix, out of the regular county funds of the County, with authority of said Board of Commissioners to fix his term of office or to discharge him at any time, and, WHEREAS, that provision of the Act requiring the County Attorney to be a resident of the county has often been impossible to comply with and has basically been ignored by the Board of Commissioners; and, WHEREAS, the Board of Commissioners now desire to officially delete that provision of the Act creating the Charlton County Board of Commissioners which refers to County Attorney being a resident of the County (Charlton). NOW, THEREFORE, BE IT RESOLVED, that the Act creating the Charlton County Board of Commissioners (Ga. Laws 1927, p. 529), as amended, is hereby amended as follows: 1. By deleting that portion of Section 13 dealing with the County Attorney, the following words, resident of the County. 2. All laws and parts of laws in conflict with this Act are repealed. SO RESOLVED, and adopted by the Charlton County Board of Commissioners. Page 5702 Adopted and approved by vote of the Board on the 6th day of June, 1985, and again on the 1st day of July, 1985. /s/ William Jackson Carter, Chairman Attest: /s/ Rosa Mae Brooks, Clerk STATE OF GEORGIA. CHARLTON COUNTY. I, the undersigned Rosa Mae Brooks, Clerk of the Charlton County Commission, do hereby certify that the foregoing copy is a true and correct copy of the original Resolution as finally adopted by the Charlton County Board of Commissioners in regular session, Monday, July 1, 1985, after having been first adopted on June 6, 1985. This the 8th day of July, 1985. Charlton County Commissioners /s/ Rosa Mae Brooks, Clerk 100 Third Street Charlton County Courthouse Folkston, Georgia 31537 NOTICE The Board of Commissioners of Charlton County has passed a resolution at its first reading on the 6th day of June, 1985, to amend the Act creating the Charlton County Board of Commissioners (Ga. Laws 1927, p. 529), as amended, pursuant to the County Home Rule provisions of the Georgia Constitution, Article IX, Sec. II, Paragraph I. The proposed amendment would delete that portion of Section 13 of the Act (Ga. Laws 1927, p. 529) dealing with the County Attorney which provides that the County Attorney be Page 5703 a resident of the County. Said Amendment will be considered for final adoption on July 1, 1985. A copy of the Resolution making the amendment is on file in the office of the Clerk of the Charlton County Superior Court for the purpose of examination and inspection by the public, as the Clerk, will, upon written request furnish anyone a copy of the Resolution proposing the amendment. This 6th day of June, 1985. /s/ William Jackson Carter, Chairman, Charlton County Commission STATE OF GEORGIA, COUNTY OF CHARLTON. AFFIDAVIT Personally appeared Doyle Lewis before the undersigned officer, duly authorized to administer oaths in the State of Georgia, and, who, after being duly sworn states: 1. That he is the President of Charlton Publishers, Inc., a Georgia Corporation, which publishes the Charlton County Herald, which is the official organ for Charlton County, Georgia; and that he is also the Editor of said newspaper. 2. That the attached and foregoing Notice was published in the regular weekly editions of said newspaper on June 12th, 19th, and 26th, 1985. This 10th day of July, 1985. /s/ Doyle Lewis Sworn to and subscribed before me, this the 10th day of July, 1985. /s/ Jeffrey S. Parker Notary Public. Notary Public, Georgia, State at Large My Commission Expires May 25, 1986 Filed in the Office of the Secretary of State July 15, 1985. Page 5704 DEKALB COUNTYBOARD OF COMMISSIONERS; BUDGETS AND EXPENDITURES. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT, AS AMENDED, PERTAINING TO THE CREATION OF THE GOVERNING AUTHORITY OF DEKALB COUNTY, PRESCRIBING ITS DUTIES, RESPONSIBILITIES, TERMS OF OFFICE, METHOD OF ELECTION AND RELATED MATTERS, BY AN ACT OF THE GENERAL ASSEMBLY OF 1956, GEORGIA LAWS 1956, PAGE 3237, AS AMENDED, PARTICULARLY BY GEORGIA LAWS 1981, PAGE 4304, SO AS TO AMEND SAID 1981 ACT TO REVISE SECTION 17 TO CHANGE THE METHOD BY WHICH REVENUES ARE PROJECTED, TO CHANGE THE PROPOSED BUDGET SUBMISSION DATE AND THE DATE OF FINAL BUDGET APPROVAL AND ADOPTION, TO ADD A NEW PROVISION DEALING WITH THE EXPENDITURE OF COUNTY FUNDS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the creation of the governing authority of DeKalb County, Georgia, prescribing its duties, responsibilities, terms of office, method of election and related matters, Georgia Laws 1981, page 4304, be and the same is hereby further amended as follows: I By deleting Section 17 in its entirety and substituting in lieu thereof the following: Section 17. Budgeting; control of expenditures. The Chief Executive shall submit to the Board not later than December 15 of each year a proposed budget governing the expenditures Page 5705 of all county funds, including capital outlay and public works projects for the following calendar year. In an election year, if the incumbent Chief Executive is not re-elected, this date may be extended to January 15 of the year to which the budget pertains. The proposed budget submitted to the Commission shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. The Chief Executive shall cause to be published in the official organ of DeKalb County a copy of the proposed budget along with a notice to the public that a public hearing on the proposed budget shall be held at a time and place certain, which time shall be not less than 10 days of the publication. At this public hearing the Commission shall review the proposed budget. It may adopt the budget as presented by the Chief Executive or it may make such amendments thereto as it deems necessary to maintain the County in a sound financial condition. Nothing herein shall prevent the Commission from continuing the hearing on the proposed budget from time to time provided the time and place to which the hearing is continued shall be publicly announced at the previous hearing. However, the final budget shall be approved and adopted before March 1, of the year to which it pertains. The final budget shall constitute the Commission's appropriations of all funds for such year. The budget may be amended during the calendar year which it covers upon formal action of the Commission in a regular meeting, but no increase in appropriations shall be made therein without provision also being made for financing same. A copy of the final budget adopted shall be transmitted by the Chief Executive to the Grand Jury of DeKalb Superior Court then in session within 10 days of its adoption. Between January 1 and such time as the budget for the County is adopted by the Board of Commissioners, the Director of Finance, with the approval of the Chief Executive, shall be authorized to make such expenditures of County Page 5706 funds as are deemed necessary and proper for the continuing operation of the County and its various departments at the then-currently approved level of service. These expenditures shall not include disbursements for new personnel, new services, new equipment, or other items which could be interpreted as providing additional level of service not previously authorized. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the Commission. The Chief Executive shall enforce compliance with this requirement by all departments, offices or agencies of the county government, including elected county officers. II All laws or parts of laws in conflict with this Ordinance are hereby repealed. III Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. V This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 9th day of July, Page 5707 1985 and again on the 23 day of July, 1985 at the regular time and place of the meeting of the board of Commissioners of DeKalb County, Georgia. VI A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire the same. VII The provisions of this Ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 23rd day of July, 1985. /s/ Manuel J. Maloof, Chief Executive Officer, Board of Commissioners, DeKalb County, Georgia /s/ Jean Williams, Presiding Officer Board of Commissioners, DeKalb County, Georgia Attest: /s/ David W. Joyner, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Approved as to form: /s/ Albert Sidney Johnson County Attorney Page 5708 STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on July 9, 1985 and On July 23, 1985. This 23rd day of June, 1985. /s/ David W. Joyner, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Sworn to and subscribed before me this 23rd day of July 1985. /s/ Stella L. Crumbley Notary Public Notary Public, Georgia, State at Large My Commission Expires Sept. 9, 1985 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issue of the 4th, 11th, and 18th day of July, 1985. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News Sworn to and subscribed before me this 18th day of June, 1985. /s/ B. Lynn Crane Notary Public Page 5709 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on July 9, 1985 and July 23, 1985 will consider an ordinance to amend the Act pertaining to the creation of the governing authority of DeKalb County, known as Georgia Laws 1981, page 4304, so as to change the method by which revenues are projected, to change the proposed budget submission date and the date of final budget approval, and for other purposes. The public is hereby further notified that in order to so amend said Act, it is necessary for the Board of Commissioners to adopt an Ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that copies of said ordinance are available from him for interested members of the public. This 3rd day of July, 1985. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 27-7609,7/4-7/18 Filed in the Office of the Secretary of State August 2, 1985. Page 5710 JEFF DAVIS COUNTYMALT BEVERAGES AND WINE. RESOLUTION AMENDING RESOLUTION AND ORDINANCE TO REQUIRE AND PROVIDE FOR THE LICENSING SALE AND REGULATION OF MALT BEVERAGES AND WINES IN JEFF DAVIS COUNTY Upon motion duly made, seconded and carried by an unanimous vote, the following resolution was duly adopted: BE IT RESOLVED that the Resolution and Ordinance to Regulate and Provide for the Licensing, Sale and Regulation of Malt Beverages and Wines in Jeff Davis County, and for Other Purposes,: adopted on March 3, 1981, is hereby amended as follows: A. Paragraph 9, Section III (page 5) is hereby deleted in it entirety and the following is substituted as Paragraph 9, Section III: 9. (a) Any resident of Jeff Davis County or any person owning land in this County may submit a written statement or petition either in support or opposition to Licensor regarding the granting of any license under this ordinance. If a resident or landowner either singularly or in conjunction with others, files an objection, the landowner or resident, as the case may be, shall send a copy of same to the Applicant, The landowner or resident shall also certify in writing at the time he or she files the objection that he or she has mailed or delivered a copy of the objection to the Applicant at the address shown in the application. In the event of a written objection filed in petition form by more than one landowner or resident, only one such objector need certify that the copy was mailed or delivered to the Applicant as required above. (b) Alternatively, any resident or landowner of Jeff Davis County may make an oral objection to the granting of a license under this ordinance at any regular or special meeting of the Jeff Davis County Commissioners providing such landowner or resident, or the representative of any group of such objectors, gives the Applicant at least 48 hours written or oral notice of his, her or their intent to make such oral objections to the Licensor. Any person, or the representative of any group of residents Page 5711 and/or landowners, making such an oral objection shall certify at the time of the making of the objection that he, she or they have given proper notice to the Applicant as required above. (c) No objections will be considered unless and until the notice or notices required to be given to the Applicant have been given in accordance with this ordinance. (d) Applicants may respond to any such written or oral objections submitted or presented to Licensor. It is preferred that such responses be in writing, but the response may be made orally at any regular or special meeting of the Licensor at which the resident or landowner makes or submitts his or her objection to Licensor. (e) Each person submitting such a statement or objection shall identify the location of his or her residence or land in relationship to the proposed location referred to in Applicant's application. This may be done by a map, sketch or narrative statement. B. Paragraph 10, Section III (Page 6) is hereby delted in its entirety and the following is substituted as Paragraph 10, Section III: 10. Any Applicant, resident or landowner of this county may request the Licensor to call a public hearing on the Applicant's application, or the Licensor on its own motion may call such a public hearing. A request for a public hearing shall generally be granted by Licensor unless such request is unreasonable. If a hearing is so requested or called, the Licensor shall schedule a public hearing not less than two weeks subsequent to the date of such request or call. The Licensor shall cause a public notice of such hearing to be published in a newspaper having general circulation in this county at least once a week for two weeks prior to the date of the hearing, stating the date, time and place of such hearing. A copy of such notice shall be mailed by the Licensor to the Applicant no less than seven (7) days prior to the date of the hearing. The Licensor shall allow a reasonable time for all interested parties to express their views at such hearing and Applicant shall be given a reasonable opportunity to respond to all objections made at the hearing. If any party or person desires that the hearing be reported or transcribed, Page 5712 such party shall arrange for such recording or transcribing at his, her or their sole expense. Unless good cause is shown, no more than one hearing shall be held regarding any application. However, this does not bar an Applicant from submitting additional applications and requesting hearings on those applications. C. Paragraph 11, Section III (Page 6) is hereby amended by adding the following sentence to the existing paragraph 11, to wit: All objections and statements of support submitted or made by any residents or landowners shall be taken into consideration by the Licensor in determining whether to grant or deny an application filed pursuant to this ordinance; however, no such statements or objections shall be controlling or binding upon the Licensor, and the final decision whether to grant or deny a license application shall always remain within the sole authority of the Licensor. SO RESOLVED this 11th day of June, 1985. /s/ Jimmie Ryles, Chairman /s/ Edwin Miles /s/ James Tate /s/ Charles Marchant /s/ Larry McEachin Attest: /s/ Lonnie V. Roberts, Clerk (SEAL) The foregoing Resolution and Motion was read, voted upon and unanimously adopted at the July 9, 1985, regular meeting of the Jeff Davis County Board of Commissioners, such constituting Page 5713 the final adoption of said Resolution and Motion following the running of the required legal notice for the three weeks immediately preceding. SO RESOLVED this 9th day of July, 1985. BOARD OF COMMISSIONERS OF JEFF DAVIS COUNTY /s/ Jimmie Ryles, Chirman /s/ Edwin Miles /s/ James Tate /s/ Charles Marchant /s/ Larry McEachin Attest: /s/ Lonnie V. Roberts, Clerk (SEAL) RESOLUTION CERTIFICATE GEORGIA, JEFF DAVIS COUNTY I, Lonnie V. Roberts, Clerk of the Board of Commissioners of Jeff Davis County, do hereby certify as custodian of the minutes of said Board of Commissioners, that the attached is a true and correct copy of a Resolution duly adopted at two consecutive, regular meetings of the Board of Commissioners of Jeff Davis County held on the 11th day of June, 1985 and the 9th day of July, 1985, and that the same has been duly entered in the official minute book of the said Board of Commissioners. I further certify that said Resolution is of full force and effect, not having been repealed by any subsequent action of the said Board of Commissioners. Witness my official signature and the seal of said County this 11th day of July, 1985. /s/ Lonnie V. Roberts, Clerk Jeff Davis County Board of Commissioners Page 5714 (SEAL) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF JEFF DAVIS IN PERSON APPEARED, THOMAS E. PURSER, Editor and Publisher of the Jeff Davis County Ledger, a newspaper published in said county in which sheriff sales and advertisements are published, and as such deponent says that the following notice was published in said paper on June 19 and 26, and July 3, 1985. to wit: LEGAL NOTICE OF PROPOSED AMENDMENT TO JEFF DAVIS COUNTY'S BEER AND WINE ORDINANCE Notice is hereby given that the Board of Commissioners of Jeff Davis County intends to amend the County's current beer and wine ordinance; a synopsis of this amendment is as follows: A. Paragraph 9, Section III, is to be deleted in its entirety, and a new paragraph 9 is to be substituted in lieu thereof, containing five subparts as follows: (a) This subpart allows any resident or landowner in the County to submit written statements or petitions either in support or opposition to the granting of a beer and/or wine license; a copy of any objections would have to be sent to the applicant. (b) This subpart allows any resident or landowner in the county to make an oral objection to the granting of a beer and/or wine license at any regular or special meeting of the Commissioners, providing the Applicant has been given due notice; the Applicant will be given an opportunity to respond to any objections. (c) No objections will be considered unless due notice has been given to the applicant. (d) Applicants may respond to objections orally or in writing. (e) Each person submitting a statement of support or objection must identify the location of his or her residence or land in relationship to the proposed location in the application. Page 5715 B. Paragraph 10, Section III, is deleted in its entirety and a new Paragraph 10 is to be substituted in lieu thereof as follows: Any applicant, resident or landowner of this county, or the Board of Commissioners, may request a public hearing on the issue of whether to grant an application for a beer and/or wine license; due notice must be given to the public and to the applicant; all interested parties shall be given a reasonable opportunity to make their presentations; the hearings may be transcribed at the expense of the party desiring a transcript. C. Paragraph 11, Section III, is to be amended by adding a provision making it clear that although the Board of Commissioners will consider all objections and statements of support, the final decision to grant or deny a license application shall rest solely with the Commissioners. The paragraphs to be deleted by this proposed amendment will primarily eliminate the requirement that an applicant obtain written consent of a majority of the residents of the affected community prior to consideration by the licensor. This notice is given pursuant to Article 9, Section 2, Paragraph 1, of the Georgia Constitution. A copy of the proposed amendment is on file in the office of the Clerk of Superior Court of Jeff Davis County for the purpose of examination and inspection by the public. The Clerk of Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment. This amendment was initially adopted by the Board of Commissioners at its regular meeting on June 11, 1985. The amendment will be submitted for its final vote and adoption at the next regular monthly meeting of the Board of Commissioners to be held at 8:30 A.M., Tuesday, July 9, 1985. /s/ Lamar A. Elder, Jr. Attorney for Jeff Davis County 6/19-267/3c This 8th day of July, 1985. /s/ Thomas Purser Page 5716 SWORN TO AND SUBSCRIBED BEFORE ME THIS 8th DAY OF JULY, 1985. /s/ Lamar A. Elder, Jr. Notary Public My Commission expires 6/9/88 Filed in the Office of the Secretary of State August 5, 1985. DEKALB COUNTYDEKALB COUNTY PENSION BOARD; DEFINITIONS; CONTRIBUTIONS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR CHANGING THE DEFINITIONS OF COMPENSATION AND AVERAGE COMPENSATION, TO PROVIDE FOR MAXIMUM YEARS OF REQUIRED CONTRIBUTIONS, TO PROVIDE FOR CHANGING THE DEFINITIONS OF COUNTY OFFICERS AND OFFICIALS, TO PROVIDE THE TERMS OF PARTICIPATION WHERE A PERSON RECEIVES A SALARY FROM OR PARTICIPATES IN A PENSION PLAN OF THE STATE OF GEORGIA, AND FOR OTHER PURPOSES. Be it Ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act, as amended, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: Page 5717 I. By amending section 7 to add the following language to the end of the first paragraph under said section: who are not contributing to any other pension plan of the State of Georgia or any institution, bureau or department thereof. Notwithstanding anything to the contrary in this act, in the event DeKalb County, along with the State of Georgia or any institution, bureau or department thereof, contributes to the salary of any aforesaid officer, employee or deputy, such officer, employee or deputy may participate in the county retirement system but only to the extent of that participant's county paid salary and, in such case, only the county paid portion of such salary shall be considered compensation for the purpose of determining benefits and payment of contributions under this act, so that said paragraph, as amended, shall read as follows: Officers, employees and deputies, as the terms are used herein, shall include elected county officials, officers and employees of DeKalb County, employees and deputies of county officers by whatever name or title employed or deputized, and all other persons including officers and employees of the county who perform any service for the benefit of DeKalb County for which they are paid a salary including part-time employees, regular employees, deputies and elected officials who are not contributing to any other pension plan of the State of Georgia or any institution, bureau or department thereof. Notwithstanding anything to the contrary in this act, in the event DeKalb County, along with the State of Georgia or any institution, bureau or department thereof, contributes to the salary of any aforesaid officer, employee or deputy, such officer, employee or deputy may participate in the county retirement system but only to the extent of that participant's county paid salary and, in such case, only the county paid portion of such salary shall be considered compensation for the purpose of determining benefits and payment of contributions under this act. II. By deleting section 8(a)(1) in its entirety and substituting in lieu thereof the following: Page 5718 Compensation shall mean the actual compensation paid as salary to a participant by the county as herein provided during any calendar month, exclusive of reimbursed expenses, bonuses, commissions and other remuneration. III. By amending section 8(a)(2) to delete the phrase sixty (60) and substitute in lieu thereof the phrase thirty-six (36) so that said section, as amended, shall read as follows: Average compensation shall mean the average of the participant's monthly compensation for the highest thirty-six (36) consecutive complete calendar months during the ten (10) years of service, or during the full period of service if less than ten (10) years, immediately preceeding the date on which the participant's employment with the county terminates for any reason. Average compensation shall be determined by dividing the total compensation received by the participant during the approximate thirty-six (36) complete calendar months-period by the number of months for which he received compensation in such period. IV. By deleting section 8, subsection 10.A. in its entirety and substituting in lieu thereof the following: No participant shall receive any benefits from this plan while receiving any remuneration for services rendered on a contract basis or on a permanent employment basis to or for DeKalb County, including any officers or elected officials of DeKalb County, where the salary or compensation of such participant is paid, in whole or in part, out of the public funds of DeKalb County. V. By amending section 10 to add the following language thereto: After forty (40) years of accreditable service under pension service, no further contributions to the pension plan shall Page 5719 be deducted from the employee's salary and no further contributions to the pension plan shall be made by DeKalb County on behalf of the employee, so that said section, as amended, shall read as follows: Effective January 1, 1981, except as otherwise provided herein, it shall be the duty of the director of finance of DeKalb County to make payroll deductions from the compensation paid to each participant an amount equal to 4.6 percentum (4.6%) of the compensation of the participant. After forty (40) years of accreditable service under pension service, no further contributions to the pension plan shall be deducted from the employee's salary and no further contributions to the pension plan shall be made by DeKalb County on behalf of the employee. VI. By amending section 11 by adding the following language to the first paragraph under said section: After forty (40) years of accreditable service under pension service, no further contributions to the pension plan shall be made by DeKalb County on behalf of the employee, so that said first paragraph under section 11, as amended, shall read as follows: Commencing January 1, 1981, the governing authority in charge of county affairs for DeKalb County shall appropriate to the pension fund annually, to be paid in monthly installments, an amount equal to 8.6 percentum (8.6%) of the amount of monthly compensation of each participant in this pension system. After forty (40) years of accreditable service under pension service, no further contributions to the pension plan shall be made by DeKalb County on behalf of the employee. VII. All laws or parts of laws in conflict with this ordinance are hereby repealed. Page 5720 VIII. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IX. This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public. X. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 22nd day of October, 1985 and again on the 12th day of November, 1985 at the Commissioners of DeKalb County, Georgia. XI. A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public. XII. The provisions of this Ordinance shall become effective upon its adoption. Page 5721 Adopted this 12th day of November, 1985, by the DeKalb County Board of Commissioners. /s/ Jean Williams Presiding Officer Board of Commissioners DeKalb County, Georgia Approved by the Chief Executive Officer of DeKalb County, this 12th day of November, 1985. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia Attest: /s/ David W. Joyner, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Approved as to form: /s/ Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on October 22, 1985, and on November 12, 1985. This 12th day of November, 1985. /s/ David W. Joyner, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Page 5722 Sworn to and subscribed before me this 19 day of November, 1985. /s/ Gene H. Doi Notary Public, Georgia, State At Large My Commission Expires April 4, 1986 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of October 17th, 24th and 31st, 1985. /s/ Gerald W. Crane, Publisher Decatur-DeKalb News Sworn to and subscribed before me this 1st day of November, 1985. /s/ B. Lynn Crane Notary Public PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on October 22, 1985 and November 12, 1985 will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, pg. 3088, as amended so as to further amend said act to provide for changing the definitions of compensation and average compensation, to provide for maximum years of required contributions, to provide for changing the definitions of county officers and officials, to provide the terms of participation where a person receives a salary from or participates in a pension plan of the State of Georgia, and for other purposes. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners Page 5723 to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from him for interested members of the public. This 16th day of October, 1985. /s/ Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 27-845,10/10-10/31 Filed in the Office of the Secretary of State November 25, 1985. Page 5725 ACTIONS BY MUNICIPALITIES PURSUANT TO CHAPTER 35 OF TITLE 36 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 AND RESOLUTIONS ADOPTED PURSUANT TO ARTICLE XI, SECTION I, PARAGRAPH IV OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING FOR CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS Page 5727 CITY OF MACONFIRE AND POLICE EMPLOYEES' RETIREMENT; NORMAL AND DELAYED RETIREMENT DATES. AN ORDINANCE OF THE CITY OF MACON AMENDING PARAGRAPH (1) AND PARAGRAPH (2) OF ARTICLE III OF THE MACON FIRE AND POLICE EMPLOYEES' RETIREMENT ACT, 1969, GEORGIA LAWS, PAGE 2801, SECTIONS 1 AND 2, AS AMENDED, 1972 GEORGIA LAWS, PAGE 3821, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE V, CHAPTER 5 SECTION 5-502, PARAGRAPH (a), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET. SEQ., AS AMENDED; BY AMENDING THE NORMAL AND DELAYED RETIREMENT DATES; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon; and it is hereby ordained by the authority of same pursuant to the authority granted by the City of Macon and under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended) as follows: 1. Sections (1) and (2) of Article III of the Macon Fire and Police Department Employees' Retirement Act is hereby amended by deleting said paragraphs in their entirety and substituting in lieu thereof new Paragraphs (1) and (2) which shall read as follows: ARTICLE III RETIREMENT DATES. (1) Normal Retirement Date . The normal retirement date of an employee shall be the Page 5728 first day of the month coinciding with or next following his completion of 25 years of service and the attainment of age 50, whichever is later. Any employee may retire from the employment of the City on his normal retirement date except as otherwise provided in Sections (2) and (3) of this article III. (2) Delayed Retirement Date. An employee may choose to remain in the active employ of the City beyond his normal retirement date for an extended period or periods provided he demonstrates his ability to perform the functions of the job adequately. The employee may retire from the City on the first day of any month during such extended period and such date shall be the delayed retirement date of the employee. All employees working beyond the normal retirement date shall provide the City a minimum of sixty (60) days' notice of intent to retire from employment. An employee shall retire from the employment of the City on the first day of the month coinciding with or next following the attainment of age seventy (70). All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ADOPTED this 18th day of September, 1984. /s/ Eugene Dunwody President City Council APPROVED this 25th day of September, 1984. /s/ Georgia Israel III Mayor SO ADOPTED this 2nd day of October, 1984. Page 5729 /s/ Eugene Dunwoody President, City Council APPROVED this 4th day of October, 1984. /s/ George Israel III Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held Sept. 18, 1984. Witness my hand and seal of the City of Macon this September 19, 1984 /s/ James E. Hunnicutt Clerk of Council City of Macon, Ga. Submitted to Mayor's Office September 19, 1984 Returned from Mayor's Office October 2, 1984 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held Oct. 2, 1984. Witness my hand and seal of the City of Macon this October 3, 1984. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office October 3, 1984 Returned from Mayor's Office October 16, 1984 Page 5730 December 28, 1984 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance #0-84-0038 concerning a Charter Amendment to the Macon Fire and Police Employees' Retirement Act amending the normal and delayed retirement dates, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ James E. Hunnicutt James E. Hunnicutt City Clerk City of Macon Macon, Georgia (SEAL) STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDITH R. MCCALLUM, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 09/8, 09/15, 09/22 /s/ Judith R. McCallum Sworn to and subscribed before me this 22 day of September, 1984 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia My Commission Expires August 1, 1987. GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division Page 5731 I, Article V, Chapter 5, Section 5-502, (a) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Macon Fire and Police Employees' Retirement Act. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 9/8, 15,22, 1984-457687 Filed in the Office of the Secretary of State January 21, 1985. CITY OF MACONPENSIONS AND RETIREMENT SYSTEM; EXCLUSIONS FROM PARTICIPATION. AN ORDINANCE OF THE CITY OF MACON AMENDING SECTION 2.3 OF ARTICLE II OF THE MACON PENSIONS AND RETIREMENT SYSTEM, AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED AUGUST 3, 1927 (GEORGIA LAWS 1927, PAGE 1283 ET. SEQ.), AS AMENDED, PARTICULARLY BY AN ACT APPROVED MARCH 27, 1972 (GEORGIA LAWS 1972, PAGE 3152 ET. SEQ.), AS AMENDED, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE V, CHAPTER 5, SECTION 5-502 PARAGRAPH (b), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET. SEQ., BY AMENDING THE EXCLUSIONS PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby ordained by the authority of same as follows: Page 5732 Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended; O.C.G.A. Section 36-35-3 et. seq.): 1. Section 2.3 of Article II of the Macon Pensions and Retirement System is hereby amended by deleting in its entirety said Section 2.3 and substituting in lieu thereof a new Section 2.3 which reads as follows: ARTICLE II. ELIGIBILITY AND PARTICIPATION. 2.3 Exclusions The following persons are excluded from participation in the Plan unless specifically included by action of Mayor and Council. a. Officers and employees of the Medical Center of Central Georgia, Macon-Bibb County Hospital Authority, Macon-Bibb County Water and Sewerage Authority, Macon-Bibb County Board of Health, and any and all other boards and authorities of like kind and character acting as quasi-entities apart from the City of Macon but exercising some municipal function; provided how ver that this exclusion section shall not apply to employees of the Planning and Zoning Commission. b. The Mayor, City Council Members, the City Attorney and Judge of Municipal Court, c. Sworn officers of the Fire and Police Departments, d. Management interns, e. Any employees who are not classified as full-time and permanent, Page 5733 f. The above exclusions notwithstanding, once a participant has attained eligibility, he or she shall remain eligible so long as full-time employment with the City is maintained. Mayor and Council may elect to include additional classifications of employees from time to time. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 20th day of November, 1984. /s/ Eugene Dunwody President, City Council APPROVED this 29th day of November, 1984. /s/ George Israel III Mayor Submitted to Mayor's Office December 5, 1984 Returned from Mayor's Office December 13, 1984 (returned) 5:00 P.M. SO ORDAINED this 4th day of December, 1984. /s/ Eugene Dunwody President, City Council APPROVED this 12th day of December, 1984. /s/ George Israel III Mayor Page 5734 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held Dec. 4, 1984. Witness my hand and seal of the City of Macon this Dec. 5, 1984. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office November 21, 1984 Returned from Mayor's Office November 30, 1984 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held Nov. 20, 1984. Witness my hand and seal of the City of Macon this Nov. 21, 1984. /s/ James E. Hunnicutt Clerk of Council December 28, 1984 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance #0-84-0051 concerning a Charter Amendment to the Macon Pensions and Retirement System for a amendment to the exclusions provisions, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ James E. Hunnicutt James E. Hunnicutt City Clerk City of Macon Macon, Georgia (SEAL) Page 5735 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDITH R. MCCALLUM, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 11/10, 11/17, 11/24 /s/ Judith R. McCallum Sworn to and subscribed before me this 24 day of November, 1984 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia My Commission Expires August 1, 1987. GEORGIA, BIBB COUNTY LEGAL NOTICE This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, (b) of the Code of Macon, Georgia (1978), as amended, in accordance with the procedures set forth in official Code of Georgia Annotated. Section 36-35-3(b), designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Macon Pensions and Retirement System. Copies of the proposed amendments are on file in the Office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. Joan W. Wooley Assistant City Attorney City of Macon Page 5736 11/10,17,24,1984-473869 Filed in the Office of the Secretary of State January 29, 1985. TOWN OF POOLERNAME CHANGED TO CITY OF POOLER. STATE OF GEORGIA COUNTY OF CHATHAM AN ORDINANCE TO AMEND ARTICLE I OF THE CHARTER OF THE TOWN OF POOLER UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, SO AS TO CHANGE THE NAME FROM TOWN OF POOLER, GEORGIA TO CITY OF POOLER, GEORGIA; TO SET AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. THE MAYOR AND ALDERMEN FOR THE TOWN OF POOLER do hereby ordain as follows: I. Pursuant to the authority granted Municipalities under The Municipal Home Rule Act of 1965, OCGA 36-35-3 (b)(1), Article I, creation, incorporation, powers , Section 1.10 of the charter of the Town of Pooler is hereby amended as hereinafter set out. II. Sec. 1.10. INCORPORATION. The charter of the Town of Pooler is hereby amended and in particular Sec. 1.10 of same by striking the word contained in Sec. 1.10, supra, which states Town and substituting in lieu thereof the word City. Thereafter, at each and every instance wherein mention is made to the Town of Pooler in the charter and ordinance of such municipality, the same shall state, read and be defined as City of Pooler, and; Page 5737 Whereas, it is hereby ordained, by the governing authority of Pooler, Georgia, that from the effective date of this amendment to the original charter of same, created by an Act of Legislature, Ga. Laws 1976, p.1181, the official and legal name shall be as follows: CITY OF POOLER, GEORGIA. III. EFFECTIVE DATE. This amendment to the charter creating the municipality of Pooler, Georgia shall become effective upon its final adoption by the Mayor and Aldermen of the City after notice and advertisement as provided in OCGA 36-35-3. First reading this 24th day of January, 1985. Advertised January 28, 1985. February 4, 1985. February 11, 1985. Adopted this 18th day of February, 1985. /s/ Jack Shearouse Mayor, Pooler, Chatham County, Ga. Attest: /s/ Bonnie L. Cleland Administrator Affidavit of Publication STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: Page 5738 That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 28, 1985. Feb. 4, 1985. Feb. 11, 1985, and finds that the following advertisement, to-wit: STATE OF GEORGIA COUNTY OF CHATHAM NOTICE OF POOLER CHARTER AMENDMENT The Mayor and Alderman of Pooler, Georgia will propose an amendment to the charter of said municipality changing the name from Town of Pooler to the official name of City of Pooler. A complete and full copy of the proposed amendment is on file in the office of the Administrator of the municipal governor authority of Pooler, Georgia and a complete and full copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Chatham County, Georgia for the purposes of examination and inspection by the public. This 24th day of January, 1985. /s/ T. Travis Nichols, Mayor Pooler Chatham County, Georgia Page 5739 Attest: /s/ Bonnie Cleland, Administrator Jan. 29N: Feb 11N appeared in each of said editions. /s/ Gene Stewart (Deponent) 715301 Sworn to and subscribed before me this 19th day of February, 1985. /s/ Ruth B. Tucker Ruth B. Tucker Notary Public, Georgia, State at Large My Commission Expires Dec. 16, 1988 Filed in the Office of the Secretary of State February 22, 1985. CITY OF MACONMUNICIPAL COURT; STANDBY SUBSTITUTE JUDGES; COMPENSATION OF JUDGES. AN ORDINANCE OF THE CITY OF MACON AMENDING THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE VII, SECTION 7-102(a) AND 7-102(c), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET. SEQ., SO AS TO ALLOW COUNCIL Page 5740 BY ORDINANCE TO PROVIDE FOR THE SELECTION OF STANDBY SUBSTITUTE JUDGES; TO PROVIDE THAT THE METHOD OF THE COMPENSATION OF ALL JUDGES BE DETERMINED BY ORDINANCE; TO REPEAL CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby ordained by the authority of same as follows: Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended; O.C.G.A. Section 36-35-3 et. seq.): 1. Paragraph (a) of Section 7-102 of Article VII of the Charter of the City of Macon, Georgia is hereby amended by deleting in its entirety said Paragraph (a) of Section 7-102 and substituting in lieu thereof a new Paragraph (a) of Section 7-102 which reads as follows: ARTICLE VII MUNICIPAL COURT Section 7-102. Chief Judge; Associate Judges; Appointment; Compensation; Oath. (a) The Municipal Court shall be presided over by a chief judge and any associate judges as necessary. The chief judge and associate judges shall be appointed as for Department Heads and removed as for Department Heads. The Council shall provide by ordinance for the selection of standby substitute judges as may be required for the purpose of presiding in the absence of the chief judge or associate judges. 2. Paragraph (c) of Section 7-102 of Article VII of the Charter of the City of Macon, Georgia is hereby amended by deleting in its entirety said Paragraph (c) of Section 7-102 and substituting in lieu thereof a new Paragraph (c) of Section 7-102 which reads as follows: Page 5741 ARTICLE VII MUNICIPAL COURT Section 7-102. Chief Judge; Associate Judges; Appointment; Compensation; Oath. (c) The method of compensation of all judges shall be determined by ordinance. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 8th day of January, 1985. /s/ Eugene Dunwody President, City Council APPROVED this 11th day of January, /s/ George Israel III Mayor Submitted to Mayor's Office January 9, 1985 Returned from Mayor's Office January 11, 1985 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 1-8-85. Witness my hand and seal of the City of Macon this 1-9-85. /s/ James E. Hunnicutt Clerk of Council SO ORDAINED this 11th day of January, 1985. /s/ Eugene Dunwody President, City Council Page 5742 APPROVED this 31st day of January, 1985. /s/ George Israel III Mayor Submitted to Mayor's Office January 22, 1985 Returned from Mayor's Office February 1, 1985 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 1-22-85. Witness my hand and seal of the City of Macon this 1-23-85. /s/ James E. Hunnicutt Clerk of Council February 20, 1985 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance (charter amendment) #0-85-0001 concerning the selection of standby substitute judges, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia 31298. /s/ James E. Hunnicutt James E. Hunnicutt City Clerk City Hall Macon, Georgia 31298 (SEAL) GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Division Page 5743 I, Article VII, Sections 7-102 (a) and 7-102 (c) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to Judges of the Municipal Court. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 12/29, 1984-1/5, 12, 1985-484890 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDITH R. MCCALLUM, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 12/29, 01/5, 01/12 Signed: /s/ Judith R. McCallum Sworn to and subscribed before me this 12 day of January, 1985 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia My Commission Expires August 1, 1987. Filed in the Office of the Secretary of State February 25, 1985. Page 5744 CITY OF MACONMAYOR'S VETO. AN ORDINANCE OF THE CITY OF MACON AMENDING THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE II, SECTIONS 2-324(b) AND 2-324(c), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET. SEQ., BY CLARIFYING THE PROCEDURE FOR A MAYORAL VETO; TO REPEAL CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby so ordained by the authority of same as follows: Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended; O.C.G.A. Sec. 36-35-3 et. seq.): 1. Paragraph (b) of Section 2-324 of Article II, Chapter 3, Subchapter C of the Charter of the City of Macon, Georgia is hereby amended by deleting in its entirety said Paragraph (b) of Sec. 2-324 and substituting in lieu thereof a new Paragraph (b) of Sec. 2-324 which reads as follows: ARTICLE II THE COUNCIL CHAPTER 2 POWERS OF COUNCIL SUBCHAPTER C RULES AND PROCEDURES OF THE COUNCIL Section 2-324. Approval by the Mayor; Veto. (b) The Mayor, within twelve (12) calendar days of adoption by Council, shall return it to the Clerk of Council, with or without the Mayor's approval, or with the Mayor's disapproval. If Page 5745 the ordinance or resolution has been approved by the Mayor, it shall become law upon its return to the Clerk of Council or at any later date provided therein. If the ordinance or resolution is neither approved nor disapproved, it shall become law at 12 noon on the twelth (12th) calendar day after its approval by the Council, or at any later date provided therein. If the ordinance or resolution is disapproved, the Mayor shall submit to the Council a written statement of the reasons for the veto. Said written statement shall be attached to and delivered with the veto when the veto is returned by the Mayor to the Clerk of Council. The Clerk of Council shall record the date of delivery to the Mayor and the date and time of its receipt from the Mayor. If the last, or twelth (12th) day of the period is a Saturday, Sunday or City holiday, the period shall be automatically extended to 12 noon of the next working day. 2. Paragraph (c) of Sec. 2-324 of Article II, Chapter 3, Subchapter C of the Charter of the City of Macon, Georgia is hereby amended by deleting in its entirety said Paragraph (c) of Sec. 2-324 and substituting in lieu thereof a new Paragraph (c) of Sec. 2-324 which reads as follows: ARTICLE II THE COUNCIL CHAPTER 3 ORGANIZATION AND PROCEDURES OF COUNCIL SUBCHAPTER C RULES AND PROCEDURES OF COUNCIL Sec. 2-324. Approval by the Mayor; Veto. (c) Actions of the Council vetoed by the Mayor shall be presented by the Clerk of Council at the next regular meeting of the Council, or at a special meeting of the Council, provided the agenda for the special meeting includes the veto, and should the Council then adopt the ordinance or resolution by affirmative vote of ten (10) members to override the veto, it shall become law. Page 5746 All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 22nd day of January, 1985. /s/ Eugene Dunwody President, City Council APPROVED this 31st day of January, 1985. /s/ George Israel III Mayor SO ORDAINED this 5th day of February, 1985. /s/ Eugene Dunwody President, City Council APPROVED this 7th day of February, 1985 /s/ George Israel III Mayor Submitted to Mayor's Office January 23, 1985 Returned from Mayor's Office February 1, 1985 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 1-22-85. Witness my hand and seal of the City of Macon this 1-23-85. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office February 6, 1985 Returned from Mayor's Office February 8, 1985 Page 5747 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held February 5, 1985. Witness my hand and seal of the City of Macon this February 6, 1985. /s/ James E. Hunnicutt Clerk of Council February 20, 1985 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance (charter amendment) #0-85-0006 concerning the procedure for a Mayoral Veto, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia 31298. /s/ James E. Hunnicutt James E. Hunnicutt City Clerk City Hall Macon, Georgia 31298 (SEAL) STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JUDITH R. MCCALLUM, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 01/19, 01/26, 02/2 /s/ Judith R. McCallum Page 5748 Sworn to and subscribed before me this 02 day of February, 1985 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia My Commission Expires August 1, 1987. GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide that the City of Macon proposes to amend the Charter of the City of Macon, Division I, Article II, Chapter 3, Sections 2-324 (b) and 2-324 (c) of the Code of Macon, Georgia (1978), as amended, in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the adoption and veto of ordinances and resolutions. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 1/19,26,2/2,1985-489775 Filed in the Office of the Secretary of State February 25, 1985. CITY OF THOMASTONAD VALOREM TAX COLLECTION; CONTRACTS. ORDINANCE NO. 706 AN ORDINANCE OF THE CITY OF THOMASTON, GEORGIA, TO AMEND THE CHARTER OF SAID CITY BY VIRTUE Page 5749 OF THE HOME RULE POWERS VESTED IN THE GOVERNING AUTHORITY OF SAID CITY; TO AMEND SECTION 28-A OF SAID CITY CHARTER PROVIDING A MANNER OF COLLECTION OF AD VALOREM TAXES; TO AUTHORIZE THE MAYOR AND COUNCIL TO CONTRACT WITH UPSON COUNTY RELATIVE TO THE HIRING OF THE COUNTY TAX COMMISSIONER FOR THE COLLECTION OF CITY AD VALOREM TAXES; TO REPEAL CONFLICTING LAWS; AND FOR LIKE PURPOSES. WHEREAS, the City of Thomaston, Georgia, is authorized by virtue of the home rule powers vested in it, to amend its Charter in certain respects, and WHEREAS, a synopsis of the amendment to said Charter hereinafter contained has been published in the official organ of Upson County, Georgia, once per week for three weeks within sixty days immediately prior to the final adoption hereof. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Thomaston, Georgia, and it is hereby ordained by virtue of the authority thereof, as follows: Section 1 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 28-A of said Charter and by substituting, in lieu thereof, a new Section 28-A of said Charter, to read as follows: Section 28-A. The mayor and city council shall have the power and authority, by resolution, duly adopted and entered upon the minutes of said city, to contract with the board Page 5750 of commissioners of Upson County to hire the tax commissioner of Upson County to act as the agent of and for said city and to receive and collect, on behalf of said city, the payment of all ad valorem taxes due said city on said property. Said mayor and council shall be further empowered to authorize said tax commissioner, in the receiving and collection of said taxes, to use joint city and county forms, specifically including joint city and county tax return forms, statements of amounts of taxes due, receipts of payment of said taxes and any and all other forms or statements having to do with the returns of property for taxation to said city and the collection and payment of the taxes due said city thereon. Said tax commissioner shall, prior to any such appointment, be required to agree to keep full and complete records of all such transactions and to, upon demand, furnish to said city a copy of all such records and receipts made by him appertaining in any way to the return of property for taxation by said city and to the collection by him of taxes due said city thereon and to remit to said city all of said city's taxes so collected by him on or before the twentieth day of each month. Said tax commissioner shall also be required to furnish, at the time of any such employment by him by said mayor and council a bond with good security thereon, conditioned for the faithful performance of his duties in the collection of said city's taxes, which bond shall be in the sum of Twenty-five thousand dollars ($25,000.00) and shall, in all respects be an official bond. The City of Thomaston, Georgia, shall, in any year in which said tax commissioner has served as its agent as herein authorized, be empowered to pay to the County of Upson a sum of money equal to a percentage of the total taxes so collected by said tax commissioner on behalf of said city or a fixed sum, whichever amount shall be agreed upon by the mayor and council and the board of commissioners of Upson County, Georgia, as said city's share of the expenses incurred in the receiving of the returns and collection of said ad valorem taxes. Said City of Thomaston shall, in addition, in the event of any such employment of said tax commissioner as its agent as herein authorized, pay directly to the tax commissioner of Upson County, on or before December 31 of any such year, a sum to be agreed upon by the mayor and council and the tax commissioner as his compensation for receiving and collecting said city's taxes, which sum shall Page 5751 be and remain the property of said tax commissioner, which sum of money shall constitute full payment to said tax commissioner not only for his services as said city's agent as herein provided, but also for said tax commissioner's services in collecting the ad valorem taxes due said city on motor vehicles. Section 2 All laws and parts of laws in direct conflict with any of the terms or provisions of this ordinance be, and the same hereby are, repealed. The final adoption of the foregoing ordinance by the City Council of the City of Thomaston occurred in the regular meeting held on this the 19th day of February, 1985, after having been first adopted on the 5th day of February, 1985, being the date of the most recent regular meeting of Council held prior to this date, which said ordinance I have, this date, transmitted to the Mayor for his approval. /s/ Wilbur K. Avera City Clerk, City of Thomaston, Georgia Approved by me and returned as Approved by said City Council, in open meeting, this the 19th day of February, 1985. /s/ Charles E. Kersey Mayor, City of Thomaston, Georgia CERTIFICATION: I, the undersigned, Clerk of the City of Thomaston, Georgia, and the keeper of the records and the seal thereof, do hereby certify that this is a true and correct copy of Ordinance No. 706 . This, the 19th day of February, 1985. /s/ Wilbur K. Avera, City Clerk City of Thomaston (SEAL) Page 5752 AFFIDAVIT OF PUBLICATION GEORGIA, UPSON COUNTY: Personally appeared before me, the undersigned affiant, who after being duly sworn, did depose and say that he is the publisher of THE THOMASTON TIMES AND THE FREE PRESS , the official organ of Upson County, and that the notice relative to a proposed ordinance to amend the Charter of the City of Thomaston, Georgia, a true copy of which is attached to this affidavit as Exhibit A, was published in THE THOMASTON TIMES AND THE FREE PRESS on January 23, 30, and February 6, 1985, as provided by law. /s/ Cy Wood Sworn to and subscribed before me on this the 21st day of February, 1985. /s/ Susan C. Harper Notary Public, State of Georgia EXHIBIT A NOTICE OF INTENTION TO AMEND THE CHARTER OF THE CITY OF THOMASTON, GEORGIA BY ORDINANCE TO BE ENACTED UNDER THE HOME RULE POWERS Notice is hereby given the Mayor and Council of the City of Thomaston are considering an ordinance to amend the Charter of said City and this Notice is to provide the public with a synopsis of the proposed admendment. Said proposed ordinance would repeal Section 28-a of said Charter in its entirety and substitute, in lieu thereof, a new Section 28-a. Said Section, as amended, will re-authorize the Mayor and Council to appoint the Tax Commissioner of Upson County as the agent for said City to receive the returns of all property taxable, ad valorem, by said City and to collect on behalf of said City the payment Page 5753 of the taxes due thereon: to provide for the use of joint forms; to provide for the requirements to be met by said agent; to provide for the payment of compensation to said Tax Commissioner for said services and to Upson County, Georgia, to defray, in part, the cost of the operation of the office of said Tax Commissioner for said services and to Upson County, Georgia, to defray, in part, the cost of the operation of the office of said Tax Commissioner at such rates as may be agreed upon. Be further informed that a copy of said proposed amendment is of file in the Office of the Clerk in the Thomaston Municipal Building and also in the Office of the Clerk of the Superior Court of Upson County for the purpose of examination and inspection by the public. Said ordinance will be first considered for adoption on the 5th day of February, 1985, and considered for final adoption on the 19th day of February, 1985. This the 21st day of January, 1985. /s/ Wilbur Avera City Manager and Clerk City of Thomaston, Georgia January 23, 30, February 30 1/32 Filed in the Office of the Secretary of State February 25, 1985. CITY OF CHAMBLEEMAYOR AND COUNCILMEN; MAJORITY VOTE TO FIX COMPENSATION. ORDINANCE 293 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA TO PROVIDE THAT A Page 5754 MAJORITY VOTE OF THE COUNCIL MEMBERS IS REQUIRED TO FIX THE COMPENSATION FOR THE MAYOR AND CITY COUNCILMEN; AND FOR ALL OTHER LAWFUL PURPOSES BE IT ORDAINED by the Mayor and City Council of the City of Chamblee, Georgia and by authority of the same, it is hereby Ordained as follows: PART I On and after passage and approval of this Ordinance, Article 3, Section 1 of the Charter and related Laws of the City of Chamblee, Georgia shall be deleted in its entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered: Section 1 Composition; qualifications for holding office; election of councilmen by district The entire control, management and legislative functions of said municipality shall be vested in a board of mayor and councilmen. Said board shall consist of a mayor and five (5) councilmen to be elected as provided in Article 2 of this act. They shall receive such reasonable compensation for their services as shall be fixed by majority vote of the council members. In order to qualify for election at any election hereafter held, to fill the office of mayor or councilman, or to be qualified to hold either of such offices, the person so offering or undertaking shall be at least 25 years of age, shall be qualified to vote for members of the general assembly in the general election next to be held for said purpose of electing members of the general assembly, shall have been an actual bona fide resident of the City of Chamblee for at least one (1) year before offering for election. In addition, no person shall be qualified to hold either of said offices if in other respects he would be disqualified to hold office as a member of the lower house of the General Assembly of Georgia. All such officers shall be qualified voters in city Page 5755 elections. Removal from the city by any such officer will vacate his office. (Ga. L. 1935, p. 976, as amended by Ga. L. 1950, p. 2807; Ga. L. 1952, p. 2630; Ga. L. 1959, p. 2642) PART II All Ordinances, parts of Ordinances or Charter provisions in conflict herewith are expressly repealed. The foregoing was proposed by Councilman Bozeman with a Motion that same be adopted. Said Motion was seconded by Councilman Coleman. The same was then put to vote and 4 councilmen voted in favor of the Ordinance and 1 councilmen voted against it. Said Motion was thereupon declared passed and duly adopted the 12th day of April, 1985. /s/ Jo Anne Donaldson Jo Anne Donaldson, CMC City Clerk, City of Chamblee, Georgia Approved this the 12 day of April, 1985. /s/ Johnson W. Brown, Mayor Johnson W. Brown, Mayor City of Chamblee, Georgia FIRST READING: 3-8-85 SECOND READING: 4-12-85 NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia Page 5756 (Ga. L. 1935 p. 976 et seq., approved March 28, 1935) so as to amend Article 3, Section 1 of the Charter so as to provide that a majority vote of the council members shall be required to fix the reasonable compensation for the services of the mayor and city councilmen; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This the 21 day of February, 1985. /s/ Jo Anne Donaldson Jo Anne Donaldson, CMC City Clerk, City of Chamblee, Georgia PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Copublisher of DECATUR-DeKALB NEWS/ERA a newspaper publisher at Decatur county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Public Notice a true copy of which is hereto annexed, was published in said newspaper in its issue of the 28th day of February 7th, 14th day of March, 1985. /s/ Gerald W. Crane Publisher (by) /s/ Lynn Milner, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Page 5757 Sworn to and subscribed before me this 14th day of March, 1985 /s/ B. Lynn Crane Notary Public My Commission Expires: January 3, 1986 (SEAL) NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935 p. 976 et seq., approved March 28, 1935) so as to amend Article 3, Section 1 of the Charter so as to provide that a majority vote of the council members shall be required to fix the reasonable compensation for the services of the mayor and city councilmen; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This the 21st day of February, 1985. /s/ Jo Anne Donaldson, CMC City Clerk, City of Chamblee, Georgia 27-4608,2/28-3/14 Filed in the Office of the Secretary of State April 19, 1985. Page 5758 CITY OF ALMADATE OF APPOINTMENT OF CITY OFFICERS. CHARTER AMENDMENT BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL, and it is ordained by authority thereof as follows: 1. Section 58 of the Charter of the City of Alma is hereby amended by deleting said Section in its entirety and by inserting in lieu thereof the following: Section 58. MUNICIPAL OFFICERS. The Mayor and Council at the first meeting in July of each year, or as soon thereafter as practicable shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to-wit: A clerk, treasurer, tax commissioner, a chief of police, and as many other regular policemen as the City Council may deem proper to elect, a city physician, a city attorney, (and from time to time an assistant city attorney as deemed necessary) a superintendent of lights, water works, and sewerage, a street superintendent and such other officers as the Mayor and Council may see fit to elect, and the said Mayor and Council may prescribe by ordinance such officers as they may deem necessary for the best interest of the City, and shall by ordinance prescribe the duties, fix the bonds, and fix the compensation of all City officers elected by their body. Each of the said officers before entering upon the discharge of their duties shall give bond, and take and subscribe an oath to discharge the duties of the office to which he has been elected and devote such time as is necessary to satisfactorily perform the duties of his office. Section 67 of the Charter of the City of Alma is hereby amended by deleting said Section in its entirety and by inserting in lieu thereof the following: Page 5759 Section 67. SAME-APPOINTMENT, COMPENSATION AND REMOVAL OF RECORDER; DISQUALIFICATION OF RECORDER; PERSONNEL. The Mayor and Council at the first meeting in July of each year, or soon thereafter as practicable, shall appoint and fix the salary of the recorder for a term of one year and until his or her successor shall have been elected and qualified. The salary of the recorder shall not be changed during his term of office. The council may impeach and remove the recorder for neglect or refusal to enforce the laws of the State and ordinances of the City, or for other misconduct in office or neglect of duty, but any person so removed may appeal to the superior court and thence to the supreme court of the State. The Council shall fill a vacancy in this office by appointment for the unexpired term. The recorder shall excuse himself from a case in which (a) he is interested. (b) he is related to the defendant by blood or marriage within the third degree, or (c) for any reason he believes that he will be prejudiced, and such a case as well as cases during the absence or disability of the recorder, shall be heard and decided by the Mayor or by an acting recorder appointed by the Mayor. The compensation of an acting recorder shall be fixed by ordinance. The Council may authorize a court clerk and other personnel, to assist and to be appointed and removed by the recorder and to perform such duties as may be prescribed by ordinance or by the recorder. This Charter Amendment shall become effective on July 1, 1986. First adoption: this 1st day of April 1985. By: /s/ James E. Deen, Mayor Attest: /s/ Mary A. Stafford City Clerk Second adoption: this 22nd day of April, 1985. By: /s/ James E. Deen, Mayor Page 5760 Attest: /s/ Mary A. Stafford City Clerk I, Mary A. Stafford, City Clerk, certify this to be a true and correct copy of Charter Amendment as adopted by the Mayor and City Council of the City of Alma. /s/ Mary A. Stafford Mary A. Stafford City Clerk (SEAL) AFFIDAVIT GEORGIA, BACON COUNTY Personally appeared before the undersigned officer, duly authorized to administer oaths, Freddy Gardner, who after being duly sworn deposes and says as follows: That he is the Publisher of The Alma Times, official organ of Bacon County, Georgia and that the within and foregoing Notice was published in The Alma Times on the following dates: March 21, 28 and April 4, 1985. /s/ Freddy Gardner, Freddy Gardner Publisher Sworn to and subscribed before me this 15th day of May, 1985. /s/ Cindy Lee Notary Public, Georgia, State at Large My Commission Expires: January 23, 1986 Page 5761 NOTICE Notice is hereby given that the Mayor and City Council are considering a proposed Amendment to the Charter which would change the date of appointment of all appointed officers of the City from the first meeting in January of each year, to the first meeting in July of each year, commencing with the first meeting in July, 1986. A copy of said proposed Charter Amendment is on file with the City Clerk and is open for public inspection and is also on file in the office of Clerk of Superior Court for Bacon County, Georgia and is open for public examination and inspection. This 19 day of March, 1985. /s/ Jimmy J. Boatright City Attorney 3-21,3-28,4-4 Filed in the Office of the Secretary of State May 17, 1985. CITY OF ATHENSMUNICIPAL COURT; ESTABLISHMENT. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATHENS, GEORGIA, (1979), WITH RESPECT TO ESTABLISHMENT OF A MUNICIPAL COURT, AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Athens, and by authority of same, and by authority of Code Section 36-35-6 O.C.G.A., it is hereby ordained as follows. Page 5762 SECTION 1. Article 1, Section 1-102 of the Charter of the City of Athens, entitled, General Powers, is hereby amended by adding the following new subsection (d) thereto. Section 1-102 General powers. (d) In accordance with the City of Athens' authority and duty to exercise all powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience and general welfare of the City and its inhabitants, it is hereby ordained that the City of Athens shall have the authority to establish a Municipal Court for the purpose of providing a judicial forum in which to enforce its ordinances and such other laws as permitted by law. The City of Athens shall have the authority by ordinance to establish and define the method of selecting the judge and other personnel necessary to operate the court, their terms of office and compensation, and the jurisdiction of said court insofar as permitted by State and any other applicable law. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted the 2 day of April, 1985. /s/ J. C. Fowler Clerk of Council Approved this 2 day of April, 1985. /s/ L. M. Coile Mayor Adopted the 7 day of May, 1985. /s/ J. C. Fowler Clerk of Council Approved this 7 day of May, 1985. /s/ L. M. Coile Mayor Page 5763 CERTIFICATION I, Gloria J. Spratlin, do hereby certify that I am Deputy City Clerk of the City of Athens, Georgia and that as such, I am the keeper of the seal, minutes and records of said City and of the City of Athens, Georgia; that the foregoing extract is a true, correct and exact copy of the original thereof, adopted the first time in the regular meeting of the Mayor and Council of the City of Athens on April 2, 1985, and was finally adopted at the regular meeting of the Mayor and Council of the City of Athens on May 7, 1985, as the same appears on record in the office of the City Clerk of Athens, Georgia. In witness whereof, I have hereunto affixed my official signature and the corporate seal of said City. This 21st day of May, 1985. /s/ Gloria J. Spratlin Deputy Clerk AFFIDAVIT OF PUBLISHER Personally appeared before me the undersigned officer, duly authorized to administer oaths in said County and State, Robert W. Chambers, Jr., who, having been duly sworn, deposes and says on oath that he is Publisher of the Athens Banner Herald , that, as such, he is authorized to make this Affidavit, and that the attached notice is a true and correct copy of the advertisement that was published on April 5th, 12th, and 19th, 1985 in the Athens Banner Herald , the official organ of Clarke County, Georgia. This 20 day of May, 1985. /s/ Robert W. Chambers, Jr. Robert W. Chambers, Jr. Publisher Sworn to and Subscribed before me this 20 day of May, 1985. /s/ Eve Hale Morris Notary Public Page 5764 NOTICE An Ordinance to amend the Charter of the City of Athens, Georgia establishing a Municipal Court was adopted at the regular council meeting of the Mayor and Council on April 2, 1985, and will be presented for its final adoption at the regular council meeting of the Mayor and Council on May 7, 1985. A copy of said amendment is on file in the Office of the Clerk of Superior Court of Clarke County, Georgia for the purpose of examination and inspection by the public. The Clerk of the City of Athens shall furnish anyone, upon written request, a copy of the proposed amendment. This notice is given pursuant to the requirements of 36-35-3(b)(1) of the Official Code of Georgia Annotated. This the 3 day of April, 1985. /s/ Denny C. Galis City Attorney City of Athens PN:4-5,12,19 Filed in the Office of the Secretary of State May 28, 1985. CITY OF MACONFIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM; CONTRIBUTIONS. AN ORDINANCE OF THE CITY OF MACON AMENDING SECTION (2) OF ARTICLE II, SECTION (4)(b) OF ARTICLE III, SECTION (4)(b) OF ARTICLE IV, SECTION (1)(b) AND SECTION (3) OF ARTICLE V AND SECTION (1) OF ARTICLE VI OF THE MACON FIRE AND POLICE EMPLOYEE`S RETIREMENT ACT, 1969, GEORGIA LAWS, PAGE 2801, SECTIONS Page 5765 1 AND 2, AS AMENDED, 1972 GEORGIA LAWS, PAGE 3821, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE V, CHAPTER 5, SECTION 5-502, PARAGRAPH (a), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET. SEQ., AS AMENDED; BY PROVIDING THAT THE EMPLOYER SHALL PROVIDE ALL CONTRIBUTIONS TO THE SYSTEM; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon; and it is hereby ordained by the authority of same pursuit to the authority granted by the City of Macon and under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended) as follows: 1. Section (2) of Article II of the Macon Fire and Police Department Employees' Retirement Act is hereby amended by deleting the second paragraph of said Section in its entirety and substituting in lieu thereof a new second paragraph which shall read as follows: ARTICLE II ELIGIBILITY AND MEMBERSHIP (2) Membership . (2nd paragraph) Such application shall also include the employee's acceptance of the terms and conditions of the System and the Fund. 2. Section (4)(b) of Article III of the Macon Fire and Police Department Employees' Retirement Act is hereby amended by Page 5766 adding at the end of the last sentence the following words, if he has made such contributions so that said paragraph (4)(b) shall read as follows: ARTICLE III RETIREMENT DATES (4) Disability Retirement Date . (b) Not in the Line of Duty . An employee who becomes totally and permanently disabled from causes not arising out of and in the course of his employment, but after the completion of fifteen years of service, shall be retired on the first day of the month next following the date upon which the Board makes a determination that the employee is permanently and totally disabled or upon the day the Board makes such determination if made on the first day of a month. Should an employee become disabled prior to completion of fifteen years of service, except as provided in (a) above, the employee shall receive only a refund of his accumulated contributions, if he has made such contributions. 3. Section (4)(b) of Article IV of the Macon Fire and Police Department Employees' Retirement Act is hereby amended by adding the following words to the last sentence of the second paragraph of said Section, if he has made such contributions so that said second paragraph of said Section shall read as follows: ARTICLE IV RETIREMENT BENEFITS (4) Disability Retirement Benefit . (b) Not in the Line of Duty . Page 5767 (2nd paragraph) If an employee has less than fifteen (15) years of service, he shall receive a refund of his accumulated contributions, if he has made such contributions. 4. Section (1)(b) and Section (3) of Article V of the Macon Fire and Police Department Employee's Retirement Act is hereby amended by adding the words, if any after the phrase accumulated contribution in the last paragraph of Section (1)(b) and by adding the words, if he has made such contributions at the end of the paragraph contained in Section (3) so that said paragraph and said Section (3) shall read as follows: ARTICLE V DEATH OR TERMINATION OF EMPLOYMENT (1) Death Before Retirement . (b) Not in the Line of Duty . (2nd paragraph) If an employee dies from causes not attributed to his active duties, but has less than fifteen (15) years of service, the employee's accumulated contribution, if any, shall be paid to the employee's beneficiary in a lump sum. (3) Termination of Employment . Should the employment of an employee be terminated voluntarily or involuntarily, prior to the completion of twenty-five (25) years of service, he will be entitled to a refund of his accumulated contributions made to the System, if he has made such contributions. Page 5768 5. Section (1) of Article VI of the Macon Fire and Police Department Employee's Retirement Act is hereby amended by deleting the first two paragraphs in their entirety so that said Section (1) shall read as follows: ARTICLE VI CONTRIBUTIONS (1) Employee Contributions. For any employee who on the effective date of this System was a member of the General Employee's Retirement System of the City of Macon and who made contributions to that system, the Board shall have such contributions transferred to the fund and created under this System and such contributions will be credited to the individual account of each such employee. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. This Ordinance shall become effective on July 1, 1985. SO ADOPTED this 7th day of May, 1985. /s/ Eugene Dunwody President, City Council APPROVED this 13th day of May, 1985. /s/ George Israel III Mayor SO ADOPTED this 21st day of May, 1985. /s/ Eugene Dunwody President, City Council Page 5769 APPROVED this 24th day of May, 1985. /s/ George Israel III Mayor Submitted to Mayor's Office May 8, 1985 Returned from Mayor's Office May 14, 1985 10:30 A.M. City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held May 7, 1985. Witness my hand and seal of the City of Macon this May 8, 1985 /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office May 22, 1985 Returned from Mayor's Office June 3, 1985 4:30 P.M. City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held May 21, 1985. Witness my hand and seal of the City of Macon this May 22, 1985. /s/ James E. Hunnicutt Clerk of Council June 3, 1985 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance #0-85-0018 amending the Macon Fire and Police Employee's Retirement Act so that the employer pays all contributions to the pension plan, is a true and Page 5770 correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ James E. Hunnicutt James E. Hunnicutt City Clerk City Hall Macon, Georgia STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, EDWARD R. CAMPBELL, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 04/20, 04/27, 05/4 Signed: Edward R. Campbell Sworn to and subscribed before me this 04 day of May, 1985 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia My Commission Expires: August 1, 1987. GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposed to amend the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, (a) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3 Page 5771 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Macon Fire and Police Employees' Retirement Act. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 4/20,27,5/4, 1985-513985 Filed in the Office of the Secretary of State June 14, 1985. CITY OF MACONPENSIONS AND RETIREMENT SYSTEM; CONTRIBUTIONS. AN ORDINANCE OF THE CITY OF MACON AMENDING ARTICLE III, SECTION 7.2 OF ARTICLE VII AND SECTION 7.5 OF ARTICLE VII OF THE MACON PENSIONS AND RETIREMENT SYSTEM, AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED AUGUST 3, 1927 (GA. LAWS 1927, P. 1283 ET. SEQ.), AS AMENDED, PARTICULARLY BY AN ACT APPROVED MARCH 27, 1972 (GA. LAWS 1972, P. 3152 ET. SEQ.), AS AMENDED, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE V, CHAPTER 5, SECTION 5-502 PARAGRAPH (b), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, (1965 GA. LAWS, P. 298, ET. SEQ.), BY AMENDING THE PLAN SO THAT THE EMPLOYER SHALL PROVIDE ALL CONTRIBUTIONS TO THE PLAN; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby ordained by the authority of same as follows: Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, p. 298 et. seq., as amended; O.C.G.A. Section 36-35-3 et. seq.) Page 5772 1. Article III of the Macon Pensions and Retirement System is hereby amended by deleting in its entirety said Article III and substituting in lieu thereof a new Article III which reads as follows: ARTICLE III CONTRIBUTIONS 3.1 Employer Contributions . The City of Macon shall appropriate to the Pension Fund annually a sum sufficient to maintain the Plan on a sound financial basis, as determined by a qualified actuary or firm of actuaries. 2. Section 7.2 of Article VII of the Macon Pension and Retirement System is hereby amended by deleting in its entirety said Section 7.2 and substituting in lieu thereof a new Section 7.2 which reads as follows: 7.2 Death Benefit . If the death of an Employee occurs after his Normal Retirement Date but prior to his Retirement, and if the Employee would have been entitled to a Pension if his Retirement had occurred immediately prior to his death, a Pension shall be payable to the Employee's beneficiary for 60 months in an amount equal to the Pension which the Employee would have received if his Retirement had taken place immediately prior to his death. If an optional benefit under Article VI is in effect at the time of the Employee's death, any death benefit payable will be in accordance with the option elected. If termination of employment is caused by the death of an Employee and if death occurs before attainment of an Employee's Normal Retirement Date, but after becoming eligible for Early Retirement, a Pension shall be payable Page 5773 to the Employee's beneficiary for 60 months. The amount of such Pension shall be equal to the Pension which the Employee would have received if his Retirement had taken place immediately prior to his death. If the death of an Employee occurs before age 55, no benefit is payable under the Plan with the exception of the return of the Employee's contributions, if any. 3. Section 7.5 of Article VII of the Macon Pensions and Retirement System is hereby amended by deleting in its entirety said Section 7.5 and substituting in lieu thereof a new Section 7.5 which reads as follows: 7.5 Refund of Employee Contributions . In no event will the total amount paid to or on account of an Employee under Articles V and VII of the Plan be less than the amount he has contributed to the Pension Fund, if any. Upon the termination of an Employee who is not eligible for any benefit under the Plan, such Employee shall receive a refund of his Employee Contributions, if any said contributions were made by Employee. Any employee entitled to a deferred termination benefit, as defined under Section 7.1, shall not ordinarily receive a refund of employee contributions, if any such contributions have been made. However, should any employee entitled to a deferred termination benefit request a refund of his employee contributions, if any, then said employee shall sign a Waiver of Deferred Termination Benefit before such refund is granted and shall have no other remaining rights or interest in the Plan. All charter provisions or ordinances of the City of Macon in conflict herewith or hereby repealed. This Ordinance shall become effective on July 1, 1985. Page 5774 SO ORDAINED this 7th day of May, 1985. /s/ Eugene Dunwody President, City Council SO APPROVED this 13th day of May, 1985 /s/ George Israel III Mayor SO ORDAINED this 21st day of May, 1985. /s/ Eugene Dunwody President, City Council SO APPROVED this 24th day of May, 1985. /s/ George Israel III Mayor Submitted to Mayor's Office May 8, 1985 Returned from Mayor's Office May 14, 1985 10:30 A.M. City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon held May 21, 1985. Witness my hand and seal of the City of Macon this May 22, 1985. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's Office May 22, 1985 Returned from Mayor's Office June 3, 1985 4:50 P.M. Page 5775 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon held May 7, 1985. Witness my hand and seal of the City of Macon this May 8, 1985. /s/ James E. Hunnicutt Clerk of Council June 3, 1985 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached copy of Ordinance #0-85-0019 amending the Macon Pension and Retirement System so that the employer pays all contributions to the pensions plan, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ James E. Hunnicutt City Clerk City Hall Macon, Georgia STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, EDWARD R. CAMPBELL, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 04/20, 04/27, 05/4 Signed: Edward R. Campbell Page 5776 Sworn to and subscribed before me this 04 day of May, 1985 /s/ Dawn H. Waites Notary Public, Bibb County, Georgia My Commission Expires: August 1, 1987. GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposed to amend the Charter of the City of Macon, Division I, Article V, Chapter 5, Section 5-502, (b) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated. Section 36-35-3 (b) designated as the Municipal Home Rule Act of 1965, as amended, so as to change certain provisions relating to the Macon Pension and Retirement System. Copies of the proposed amendments are on file in the office of the Clerk of the City of Macon and in the office of the Bibb County Superior Court Clerk. 4/20,27,5/4,1985-513981 Filed in the Office of the Secretary of State June 14, 1985. TOWN OF NEWINGTONMAYOR'S OR RECORDER'S COURT; PENALTIES. AN ORDINANCE AMENDING TOWN CHARTER PROVIDING FOR PUNISHMENT BY MAYOR'S COURT It is hereby ordained that Section 1.03 (a) of Article IV of the Charter of the Town of Newington, Georgia, which reads as follows: Page 5777 Section 1.03 Mayor's or Recorder's Court. (a) Be it further enacted, that there shall be a mayor's or recorder's court in said Town, for the trial of all offenders against any laws and ordinances of said Town, to be held by the mayor or recorder in the courtroom in the Town hall of said Town as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council; and if so appointed, such recorder shall conduct the court. If no recorder be appointed, then the mayor shall conduct the court. If both mayor and recorder be absent or disqualified, then any councilman designated in writing by the mayor may hold court. Said recorder or mayor shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said Town for a period not exceeding thirty days, or to impose a fine not exceeding three hundred dollars, or both. Either one or more of said penalties may be imposed in the discretion of the presiding officer. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding fifty (50) dollars, imprisonment or work in the manner already prescribed in this Section for not exceeding ten (10) days, one or both, at the descretion of the trial court. be amended by eliminating the same and substituting in lieu thereof the following: Section 1.03 Mayor's or Recorder's Court. (a) Be it further enacted, that there shall be a mayor's or recorder's court in the Town, for the trial of all offenders against any laws and ordinances of said Town, to be held by the mayor or recorder in the courtroom in the Town hall of said Town as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council; and if so appointed, such recorder shall conduct the court. If no recorder be appointed, then the mayor shall conduct the court. If both mayor and recorder be absent or disqualified, then any councilman designated in writing by the mayor may hold court. Said recorder or mayor shall have full power and authority to sentence any offenders, upon conviction, to labor upon the streets or other public works in said Town Page 5778 or be confined in jail for a period not exceeding six months or to impose a fine not exceeding One Thousand Dollars, or both. Either one or more of said penalties may be imposed in the discretion of the presiding officer. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding fifty (50) dollars, imprisonment or work in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discretion of the trial court. The above Ordinance was adopted at a regular meeting of Mayor and Council on the 23rd day of May, 1985. Approved: /s/ Wendell Austin Mayor of Town of Newington Attest: /s/ Donna Lee Clerk, Town of Newington Date of Second Adoption: June 20, 1985 Approved: /s/ Wendell Austin Mayor of Town of Newington Attest: /s/ Donna Lee Clerk, Town of Newington AFFIDAVIT STATE OF GEORGIA COUNTY OF SCREVEN I, C. D. HOLLINGSWORTH, JR., DO HEREBY CERTIFY that I am publisher of the Sylvania Telephone, a newspaper Page 5779 having general circulation in Screven County, Georgia, and the attached notice of Amendment to Charter of Town of Newington was published in said newspaper on the following dates, to wit: June 6, June 13 and June 20, 1985. /s/ C. D. Hollingsworth, Jr. Publisher Sworn to and subscribed before me this 21st day of June, 1985. /s/ Charlotte C. Cribbs Notary Public, Screven County, Ga. NOTICE By ordinance adopted by the Mayor and Council of the Town of Newington, Georgia, the Charter of said Town is amended to increase the sentencing of any offender in the Mayor's or Recorder's Court, to be confined in jail or labor upon the public works for a period not exceeding six months and increasing the amount of fine upon any offender to $1,000.00, of both. A copy of the ordinance or amendment is on file in the Office of the clerk of the Town of Newington and in the office of the Clerk of the Superior Court of the County for the purpose of examination and inspection by the public. This 31st day of May, 1985. /s/ Donna Lee Clerk, Town of Newington 3T June 20 chg. Filed in the Office of the Secretary of State July 1, 1985. Page 5780 CITY OF JESUPREFERENDUM FOR FRANCHISE FOR DISTRIBUTION OF ELECTRIC CURRENT. AN ORDINANCE TO AMEND THE CHAPTER OF THE CITY OF JESUP APPROVED DECEMBER 16, 1937, (GEORGIA LAWS 1937-38, EXTRA SESSION, PP. 1142-1203), AS AMENDED (GEORGIA LAWS 1955, P. 2511) SO AS TO ELIMINATE THE PROVISION WHICH REQUIRES A REFERENDUM BEFORE ANY FUTURE FRANCHISE FOR THE DISTRIBUTION OF ELECTRIC CURRENT CAN BE GRANTED BY THE CITY OF JESUP; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of the City of Jesup as follows: Section 1 . Pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, pp. 298, 299), as amended, an Act incorporating and creating a New Charter for the City of Jesup in Wayne County, Georgia, approved December 16, 1937 (Georgia Laws 1937, Extra Session, pp. 1142-1203), as amended, particularly by an Act approved March 3, 1955 (Georgia Laws 1955, p. 2511) is hereby further amended by striking the following from Section 83: Provided, however, that before any future franchise for the distribution of electric current shall be granted by the City of Jesup, for a period of time in excess of twelve months, a referendum thereon shall be held and a majority of the votes cast shall favor the grant of the franchise., so that Section 83 shall read as follows: Section 83. Be it further enacted that the City of Jesup shall have full power and authority to own, operate, control, regulate, and maintain for the best interest of said City, any public utility which, in the discretion of the Board of Commissioners may be proper and justified; and said City shall have power and authority to grant, sell, and convey franchises and renewals thereof, or franchise extensions within said City, when the Board of Commissioners shall determine the necessity to demand same. Section 2 . All laws or parts of laws in conflict with this Act are hereby repealed. SO ORDAINED this 21th day of May, 1985. /s/ Jerry D. McDaniel Mayor Page 5781 /s/ Everett W. Leggett Commissioner /s/ Fred G. Browning Commissioner /s/ Jim Collins Commissioner /s/ Sybil L. Lynn Commissioner Attest: /s/ Sue R. Sutton City Clerk GEORGIA, Wayne County I, Sue R. Sutton, Clerk of Commission of the City of Jesup, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of said Commission that the first reading of an ordinance to amend the Charter to abolish the provision of the Charter which requires a referendum of the voters before any future franchise for the distribution of electric current can be granted was approved May 7, 1985. I further certify that the second reading of an ordinance to amend the Charter to abolish the provision of the Charter which requires a referendum of the voters before any future franchise for the distribution of electric current can be granted was approved on May 21, 1985. Witness my official signature and the seal of the said municipality this 1st day of July, 1985. /s/ Sue R. Sutton Sue R. Sutton (SEAL) STATE OF GEORGIA COUNTY OF WAYNE AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to Page 5782 administer oaths, personally appeared Thomas Woodard, who, being first duly sworn, deposes and says: that he (she) is Assistant Credit Manager of The Press-Sentinel a newspaper published, issued, and entered as second class mail in the City of Jesup in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in Jesup, GA on the following dates: April 26, May 3, and May 10, 1985 and that the said newspaper in which such notice, paper, document, or legal advertisement was published, was at the time of each and every such publication, a newspaper of General Circulation in Jesup, GA This 11th day of June, 1985. /s/ Thomas A. Woodard Sworn to and subscribed before me, this 11th day of June, 1985. /s/ Lyn S. Rice Notary Public My Commission Expires: October 20, 1987 NOTICE Jesup, Wayne County, Georgia. Notice is hereby given pursuant to the Constitution and laws of the State of Georgia, there will be introduced at the regular meetings of the Board of Commissioners of the City of Jesup on May 7, 1985 and May 21, 1985, at 7:00 p.m., City Hall, Jesup, Georgia, an Ordinance to amend the Charter for the City of Jesup (Ga. Laws 1937-38, Ex. Sess. pp. 1142-1203), as amended (Ga. Laws 1955, p. 2508) so as to abolish the provision of the Charter which requires a referendum of the voters before any future franchise for the distribution of electric current can be granted by the City of Jesup; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file at the Office of the City Clerk, Jesup, Georgia, and at the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public. Page 5783 This 25th day of April, 1985. /s/ Sue R. Sutton City Clerk April 26, May 3, and 10, 1985 No 483 Filed in the Office of the Secretary of State July 1, 1985. CITY OF MARIETTAMAYOR AND COUNCIL; SALARY AND EXPENSE ALLOWANCE. COUNCIL BILL NO. 206685 ORDINANCE NO. 4156 ORDINANCE AMENDING, the Charter of the City of Marietta, Georgia, pursuant to the Home Rule Act of 1965 (O.C.G.A. Chapter 36-35), so as to increase the salary and monthly expense allowance for Mayor and Council. WHEREAS, it is necessary and appropriate to increase the salary for the Mayor and City Council members and to provide for expenses incurred for and in behalf of the city for travel within the city. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1. The third paragraph of Section 2.12 of the Charter of the City of Marietta is hereby amended so as to provide for an increase in salary and of monthly expense allowance respectively for (1) the Mayor to $6,600 per year in monthly installments of $550, and $160 monthly expense allowance and (2) other Council members to $4,200 per year in monthly installments of $350, and $150 monthly expense allowance. Section 2. This Ordinance shall become effective February 1, 1986, subject to Act No. 333. Page 5784 DATE: April 10, 1985 (First Reading) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Mayor and Council Attest: /s/ Lillian C. Harris City Clerk DATE: May 8, 1985 (Second Reading) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Mayor and Council Attest: /s/ Lillian C. Harris City Clerk CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF MARIETTA I, LILLIAN C. HARRIS, hereby certify that I am Clerk for the City of Marietta and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinance No. 4156, is a true and correct copy as same appears of record as approved by the Governing Body in a regular meeting held on May 8, 1985. Page 5785 WITNESS my hand and Seal of the City of Marietta, Georgia, this 8th day of July, 1985. /s/ Lillian C. Harris Lillian C. Harris City Clerk (SEAL) AFFIDAVIT OF PUBLICATION GEORGIA COBB COUNTY Personally appeared before the undersigned Ralph Merced who on oath says that he is Controller of THE MARIETTA DAILY JOURNAL, and that the attached legal advertisement was published in THE MARIETTA DAILY JOURNAL on the following dates; April 19, 26 May 3, 1985. /s/ Ralph Merced Sworn to and subscribed before me this 3 day of May, 1985. /s/ Thelma Kemp Richards Notary Public My Commission Expires: Oct. 17, 1987 M-131 NOTICE OF AMENDMENT OF MARIETTA CITY CHARTER The Marietta City Council proposes to amend the third paragraph of Section 2.12 of the Charter of the City of Marietta, so as to provide for an increase in salary and of monthly expense respectively for the Mayor to $6,600 per year in monthly installments of $550 and $160 monthly expense allowance and other Council members to $4,200 per year in monthly installments of $350 and $150 monthly expense allowance. Page 5786 A copy of the proposed Amendment is on file in the office of the City Clerk, and in the office of the Clerk of Superior Court of Cobb County. /s/ Lillian C. Harris Lillian C. Harris City Clerk City of Marietta, Georgia 4:19,26; 5;3 Filed in the Office of the Secretary of State July 9, 1985. CITY OF SYLVANIAMAYOR AND COUNCIL; ELIGIBILITY FOR OFFICE OF CITY MANAGER. ORDINANCE #254 AN ORDINANCE TO AMEND SECTION 2.301 OF THE CHARTER FOR THE CITY OF SYLVANIA PURSUANT TO THE CITY'S HOME RULE POWERS AS SET FORTH IN O.C.G.A. ( 36-35-3(b)(1) WHEREAS, the current City Charter states that the Mayor and members of the City Council shall be ineligible for the Office of City Manager for a period of two (2) years from the time of the expiration of their term of Office; and WHEREAS, it has been brought to the attention of the Mayor and Council for the City of Sylvania that this provision of the City Charter serves to prevent otherwise well qualified persons from engaging in service to the City; and WHEREAS, the Mayor and Council for the City of Sylvania feel that this provision is not in the best interest of the City; and WHEREAS, the Mayor and Council for the City of Sylvania is desirous of repealing this provision of the City Charter, and Page 5787 adopting the less restrictive state requirement that a Councilman must first resign his Office before entering any other municipal office. NOW THEREFORE, be it enacted by the Mayor and Council for the City of Sylvania that Section 2.301 of the Charter of the City of Sylvania be amended by deleting in its entirety the second sentence in said Section and adding the following: The Mayor and members of the City Council shall be ineligible to hold any other municipal office, and shall further be ineligible for employment in any capacity by the City during the term of Office for which the Mayor or Councilmember was chosen unless he first resigns as Mayor or Councilman before entering such other municipal office or other employment with the City. If any portion of this amendment shall be declared void, such ruling shall not impair the validity of all remaining portions of said amendment, which shall remain in full force and effect. All ordinances and parts of ordinances in conflict herewith are hereby repealed. This 6th day of August, 1985. BY: /s/ W. H. Larisey Mayor (SEAL) Attest: /s/ F. J. Lee Clerk (SEAL) /s/ Margaret D. Evans MEMBER OF COUNCIL I, F. J. Lee, City Clerk, City of Sylvania, Georgia, Certify that the above is a true and correct copy, taken from the Official Records, City of Sylvania, Georgia. Page 5788 This, the 9th day August, 1985. /s/ F. J. Lee SEAL GEORGIA, SCREVEN COUNTY Personally appeared before me, the undersigned officer, who after being duly sworn does hereby depose under oath as follows: 1 That he is the Editor of the Sylvania Telephone Newspaper, the Official Organ of Screven County, Georgia. 2 That the Notice Of Intent To Pass City Ordinance was published on the 13th day of June, 1985, on the 20th day of June, 1985, and on the 27th day of June, 1985. Said notice is attached hereto as Exhibit A and made a part hereof. This 7th day of August, 1985. /s/ C. D. Hollingsworth, Jr. Sworn to and subscribed before the undersigned: /s/ Kathey Parker Notary Public, Georgia, State at Large My Commission Expires Mar. 12, 1989 NOTICE OF INTENT TO PASS CITY ORDINANCE In accordance with the Charter of the City of Sylvania, and in compliance with O.C.G.A. 36-35-3(b)(1), notice is hereby given that the Mayor and Council will, at 7:30 P.M., on August 6, 1985, consider for final passage the following proposed Ordinance: AN ORDINANCE TO AMEND SECTION 2.301 OF THE CHARTER FOR THE CITY OF SYLVANIA PURSUANT TO THE Page 5789 CITY'S HOME RULE POWERS AS SET FORTH IN O.C.G.A. 36-35-3(b)(1); SAID ORDINANCE CONCERNS THE REPEAL OF THE CHARTER PROVISION MAKING MEMBERS OF THE CITY COUNCIL AND THE MAYOR INELIGIBLE FOR THE OFFICE OF CITY MANAGER AND ANY OTHER EMPLOYMENT BY THE CITY FOR A PERIOD OF TWO YEARS FROM THE EXPIRATION OF THEIR TERM OF OFFICE. Any interested persons are invited to inspect said Ordinance which is filled in the Office of the Clerk of the City of Sylvania as well as in the Office of the Clerk of The Superior Court of Screven County, Georgia. This 10th day of June, 1985. /s/ Fred J. Lee, City Clerk 3T June 27 chg. Filed in the Office of the Secretary of State August 12, 1985. TOWN OF BOGARTELECTION OF OFFICERS; PERSONNEL PLAN REPEALED. TOWN OF BOGART State of Georgia Oconee County Ordinance Whereas it is the desire of the Town of Bogart Georgia to adopt a personnel plan; Whereas the personnel plan may vary from the Charter of the Town of Bogart in certain material aspects. Whereas the Town of Bogart may amend its charter pursuant to the Municipal Home Rule Act of 1965 as amended, Acts of 1965 pp. 298, et seq.; and Page 5790 Whereas the requirements for notice, public access and action of the governing body of ordinance at two consecutive regular meetings pursuant to Official Code of Georgia Annotated Section 36-35-3 have been complied with. Now therefore be it hereby enacted the following ordinance, to-wit: Section One This Ordinance shall be known as: An Ordinance to Amend the Charter of the Town of Bogart to provide for Mayor and Council election of certain municipal officers and employees and to repeal the Personnel Plan. Section Two The Charter of the Town of Bogart, Acts of 1905 p. 670, as amended, is hereby amended by deleting Section 17 acts 1905 p. 670 at p. 674, as amended in Acts 1982 p. 5270 at p. 5271 (Section Two), and replacing it with the following: Be it further enacted. The mayor and council of the town of Bogart shall elect at the first meeting of the council in each year after the general municipal election, and after said new councilmen or mayor are installed in office a marshall, a clerk of council, who shall be ex-officio treasurer, tax-receiver, tax-collector and clerk of the mayor's court of said town of Bogart, and such other officers or employees as the mayor and council may deem necessary in the government of said town. They shall be elected for a term of one year, and all of said officers or employees unless, removed for cause, shall hold their office or job until their successors are elected and qualified, and the said mayor and council shall establish the fees and salaries of said officers or employees immediately preceding their election, and when once fixed shall not be increased or diminished during their term of office; said mayor and council shall also fix the bonds and prescribe the duties of said officers or employees by ordinance; they shall have the power and authority to remove from said office or terminate from such employment any of said officers or employees for a breach, neglect or incapacity to discharge their duties before their term of office or employment expires. Page 5791 Section Three The Personnel Plan, attached to the Ordinance adopted on August 21, 1981, and attached thereto, is hereby repealed. Section Four This ordinance shall in no way be construed to affect any elected member of the municipal governing body of the Town of Bogart. Section Five This ordinance shall be effective immediately upon compliance with Acts 1965 p. 298 at p. 304. This 5th of August, 1985. /s/ B. C. Hogan B. C. Hogan Mayor /s/ E. H. Christian E. H. Christian Councilman /s/ Freddy Patat Freddy Patat Councilman /s/ Roy F. Norris Roy F. Norris Councilman /s/ Ronald R. Young Ronald R. Young Councilman Attest: /s/ Teresa D. M. Craft Town Clerk, Teresa D. M. Craft Page 5792 CERTIFICATION OF ACKNOWLEDGMENT GEORGIA OCONEE COUNTY WE, The Mayor and Council of the City of Bogart, Bogart, Georgia do hereby give the acknowledgment and verification, that the Personnel Plan of the City of Bogart, has been voted and repealed through the Home Rule Act, Sec. 36-35-3, and hereby certify this repeal has been voted on, on the 3rd Day of June, 1985, by this Mayor and Council. Vote: Three to One. Having over ruled, we hereby give verification thereafter, of the availability of the Personnel Plan in the said offices of the Clerk of Superior Court of Oconee County, and Clerk of Superior Court of Clarke County, and in the said office of the Clerk of Council of the City of Bogart, Bogart, Georgia, for the inspection, and examination of the general public for three consecutive weeks, and do hereby give the acknowledgment of the publishing of this repeal through the Oconee Enterprise of Oconee County, and the Athens Banner-Herald and The Daily News of Clarke County, of the Legal Ad sections, for three consecutive weeks. Thereafter, having voted on the final repeal of the Personnel Plan on the 1st Day of July, 1985, by this Mayor and Council. Vote: Three to One. Therefore, having over ruled, we hereby give the verification and the acknowledgment, that the Personnel Plan has been removed from the Bogart Charter, and state the present reenactment of Sec. 17, Pages 674, and 675 of the Bogart Charter. SIGNED THIS 15th DAY OF July 1985. /s/ B. C. Hogan Mayor: B. C. Hogan /s/ E. H. Christian Councilman: E. H. Christian /s/ Freddy C. Patat Councilman: Freddy Patat /s/ Roy F. Norris Councilman: Roy F. Norris Page 5793 /s/ Ronald R. Young Councilman: Ronald R. Young ACKNOWLEDGED BEFORE ME THIS 15th DAY OF July, 1985. /s/ Teresa D. M. Craft Notary Public, Georgia State at Large My Commission Expires April 4, 1989 July 9, 1985 TO WHOM IT MAY CONCERN: This is to certify that the City of Bogart's Personnel Plan is on file in my office and was on file for the three week period for the public's inspection and examination. /s/ Sandra C. Glass Sandra C. Glass, Clerk Oconee County Superior Court GEORGIA CLARKE COUNTY I, Dolores Brooks, Clerk of Superior Court of Clarke County, Georgia do hereby certify that there has been on file as of July 14, 1981 a copy of the Personnel Plan of the City of Bogart. Witness my official signature and seal of said Court, this 5th day of July, 1985. /s/ Dolores Brooks Clerk of Superior Court Clarke County, Georgia The Bogart Mayor and Council have recently voted to appeal the Bogart Personnel Plan, due to the past controversy of Bogart's City Employee's. The Bogart Personnel Plan is available for the Public's inspection, and examination in the office of Clerk of Superior Court: Deloris Brooks. Inspections may be made Page 5794 in office Mon.-Fir. 9A.M. til 5P.M. Close of inspection will end June 28, 1985. PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF CLARKE Personally appeared before the undersigned, a notary public within and for said county and state, A. Mark Smith Publisher of The Athens Banner Herald a newspaper publisher at Athens, County of Clarke, State of Georgia who, being duly sworn, states on oath that the report of Public Notice Home Rule Act-Repeal of the Bogart Personnel Plan a true copy of which is hereto annexed, was published in said newspaper in the issue of the 7th-28th day of June, 1985. /s/ A. Mark Smith, Publisher /s/ James F. Leewe, Agent Acknowledgment of the publisher must be made before a notary public or authorized official to administer oaths Sworn to and subscribed before me this 28 day of August 1985 /s/ Eve Hale Morris Notary Public My commission expires: 3-3-89 LEGAL NOTICE The Bogart Mayor and Council have recently voted to repeal the Bogart Personnel Plan thru the Home Rule Act, Sec. 36-35-3, due to the past controversy of City Employees. A copy of this plan will be on file in the office of Clerk of Superior Court, Sandra C. Glass, Watkinsville, Georgia, and Clerk of Superior Court, Deloris Brooks, Athens, Ga. The Public may inspect and examine this plan in the above said offices Mon.-Fri. 9 AM-5PM, or may do so at the Bogart Page 5795 City Hall, Mon.-Fri. 9 AM-5 PM. Closing date for inspection will be June 28, 1985. PN: 6/13, 20, 27 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF OCONEE Personally appeared before the undersigned, a notary public within the for said county and state, Deborah L. Dance editor of the OCONEE ENTERPRISE of a newspaper publisher at Watkinsville. County of Oconee State of Georgia Who, being duly sworn on oath that the report of Public Notice Home Rule Act-Repeal of the Bogart Personnel Plan a true copy of which is hereto annex was published in said newspaper in its issue of the 13, 20, 27 day of June 1985 /s/ Deborah L. Dance, Editor Acknowledgment of the Publisher must be made before a notary public or other official authorized to administer oath. Sworn to and subscibed before me this 30 day of Aug. 1985. /s/ Dianne B. Healan Notary Public, Georgia, State at Large My Commission Expires June 13, 1988 Filed in the Office of the Secretary of State September 13, 1985. Page 5796 CITY OF CHAMBLEEELECTION DISTRICTS. AN ORDINANCE TO AMEND ARTICLE III, SECTION 1.1 OF THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA SO AS TO ESTABLISH NEW ELECTION DISTRICTS; TO REPEAL CONFLICTING PORTIONS OF THE CHARTER, AND FOR ALL OTHER LAWFUL PURPOSES BE IT ORDAINED by the Mayor and City Council of the City of Chamblee, Georgia, and by authority of the same, it is hereby ordained as follows: I. On and after passage and approval of this Ordinance, Article III, Section 1.1 of the Charter and related Laws of the City of Chamblee, Georgia shall be deleted in its entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered and alphabetized: SECTION 1.1 Election Districts The corporate area of the City of Chamblee is divided into districts for the purpose of electing Councilmen who are to serve as such. For such purposes, said districts are to be known as election districts, and are to be numbered Election Districts 1, 2, 3, 4 and 5, respectively. (a) Election District 1 shall include the area lying within the following described lines and boundaries: Beginning at the point where the center line of Bell Drive, if extended in a straight line in a northerly direction would intersect the northwestern right-of-way line of Peachtree Industrial Boulevard, and from said point of intersection running southeastwardly along said extended center line, and along said center line also extended the same course in a southeastern direction to the point where said extended line intersects the center line of Peachtree Road at or near the south line of Land Lot 299 of the 18th District of DeKalb County; thence continuing southeasterly from said point of intersection along the said center line of Bell Drive to the point where said extended line intersects the center line of New Peachtree Road, and continuing in a southeasterly direction from said point of intersection along the center Page 5797 line of Carroll Avenue, which for the purposes of description herein is treated as being a continuation of Bell Drive, thence eastwardly along the extended center line of Carroll Avenue to its intersection with the center line of West Hospital Avenue (as extended to said point of intersection); thence north along the center line of West Hospital Avenue as thus extended to the center line of Old Stone Mountain Road; and from said point of intersection running westwardly along the center line of Old Stone Mountain Road to its intersection with the southwestern right-of-way line of Peachtree Industrial Boulevard; thence southwesterly along the southwestern right-of-way line of said Peachtree Industrial Boulevard; running thence southwesterly parallel to the southeastern right-of-way line of Peachtree Industrial Boulevard back to the beginning point on the northwestern right-of-way line of Peachtree Industrial Boulevard. (b) Election District 2 shall include the area lying within the following described lines and boundaries: Beginning at the point where the northern right-of-way line of Harts Mill Road intersects the extended center line of Sexton Woods Drive, and running thence in a southerly direction along the extended center line of said Sexton Woods Drive to its intersection with the extended center line of Vanet Road; thence southerly along the extended center line of Vanet Road to its intersection with the center line of Sexton Woods Drive; thence southerly along the center line of Sexton Woods Drive to the northwestern right-of-way line of Peachtree Industrial Boulevard; thence running northeasterly parallel to the southeastern right-of-way line of Peachtree Industrial Boulevard to its intersection with the center line of Old Stone Mountain Road (as extended to said point of intersection); thence southeasterly along center line of Old Stone Mountain Road to its intersection with the center line of Pearl Lane (as extended to said point of intersection); thence northeasterly along the center line of Pearl Lane as thus extended to the eastern corporate limit line of the City of Chamblee; then following the said corporate limit line of the City of Chamblee in all its courses, curves and meanderings so as to reach the northern right-of-way line of Harts Mill Road; thence running westerly along the said northern right-of-way line of Harts Mill Road back to the beginning point where the northern right-of-way line of Harts Mill Road intersects the extended center line of Sexton Woods Drive. Page 5798 (c) Election District 3 shall include the area lying within the following described lines and boundaries: Beginning at a point where the center line of Pearl Lane, if extended in a straight line in a southerly direction would intersect the center line of Old Stone Mountain Road, and from said point of intersection running north and easterly along said extended center line of Pearl Lane to the eastern corporate limit line of the City of Chamblee which is along the east line of Shallowford Road; thence running in a general southerly direction, but at all times following the lines, curves, distances and meanderings of the said corporate limit line of the City of Chamblee as now existing so as to reach the center line of Beverly Hills Drive if extended in a straight line in a southeasterly direction as would intersect the eastern corporate limit line of the City of Chamblee as now existing; thence running northwesterly along the extended center line of Beverly Hills Drive to its intersection with the center line of Buford Highway; thence running to a point where the center line of Beverly Hills Drive, if extended in a straight line in a northwesterly direction as would intersect with the eastern property line of the Internal Revenue Service Center, and from said point of intersection running northerly along the eastern property line of the Internal Revenue Service Center, if extended in a northerly direction would intersect the center line of Carroll Avenue, and from said point of intersection running westerly along the center line of Carroll Avenue to its intersection with the center line of West Hospital Avenue (as extended to said point of intersection); thence north along the center line of West Hospital Avenue as thus extended to the center line of Old Stone Mountain Road; thence easterly along the center line of Old Stone Mountain Road to the point of beginning where the center line of Pearl Lane, if extended in a straight line in a southerly direction would intersect the center line of Old Stone Mountain Road. (d) Election District 4 shall include the area lying within the following described lines and boundaries: Beginning on the northwestern right-of-way line of Peachtree Industrial Boulevard at the point where the center line of Bell Drive, extended northwesterly and in a straight line would intersect the said northwestern right-of-way line of Peachtree Industrial Boulevard; thence continuing southeasterly from said point of intersection along the said center line of Bell Drive to the point where said extended line intersects the center line of New Peachtree Road, and continuing in a southeasterly direction from said Page 5799 point of intersection along the center line of Carroll Avenue, which for the purposes of description herein is treated as being a continuation of Bell Drive; thence eastwardly along the extended center line of Carroll Avenue to the point where the center line of Carroll Avenue would intersect the eastern property line of the Internal Revenue Service Center, if the eastern property line of the Internal Revenue Service Center was extended northerly and in a straight line; thence running south along said extended eastern property line of the Internal Revenue Service Center and southerly along said eastern property line to the point where the eastern property line of the Internal Revenue Service Center would intersect the center line of Beverly Hills Drive, if the center line of Beverly Hills Drive was extended, thence southeasterly along the center line of Beverly Hills Drive to the eastern coporate limit line of the City of Chamblee which is along the east line of Shallowford Road; thence running in a southerly direction and following the said corporate limit line of the City of Chamblee in all its courses, distances, curves and meanderings so as to reach a point where the west line of Land Lot 278 of the 18th District of DeKalb County intersects the northwestern right-of-way of Peachtree Industrial Boulevard; thence northeasterly along the northwestern right-of-way line of Peachtree Industrial Boulevard and following the curvature thereof to the point where the center line of Bell Drive, if extended in a straight line in a northerly direction would intersect the northwestern right-of-way line of Peachtree Industrial Boulevard, said point being the point of beginning in this description of Election District 4. (e) Election District 5 shall include the area lying within the following described lines and boundaries: Beginning at the point where the extended center line of Sexton Woods Drive intersects the northern right-of-way line of Harts Mill Road, and running thence in a westerly, southwesterly, northwesterly direction along the northern, northeastern, and at times the northwestern side of Harts Mill Road, following the curvature thereof, to the point where the northern side of said Harts Mill Road intersects the western line of Land Lot 307 of the 18th District of DeKalb County; thence south along said west line of said Land Lot 307, and also along the west line of Land Lot 300 of said district, and also along the west line of Land Lot 278 of said district, to the northwestern right-of-way line of Peachtree Industrial Boulevard; thence northeasterly along the northwestern right-of-way line of Peachtree Industrial Boulevards Page 5800 and following the curvature thereof, to the center line of said Sexton Woods Drive; thence running northwardly along the center line of said Sexton Woods Drive to the point where the center line of Sexton Woods Drive would intersect the center line of Vanet Road, if the center line of Vanet Road were extended in the same course and in a straight line as would intersect the center line of Sexton Woods Drive; thence running north along the extended center line of Sexton Woods Drive to the point of beginning in this description of Election District 5. II. All ordinances, parts of ordinances, or charter provisions in conflict herewith are expressly repealed. III This Ordinance and Charter Amendment shall be effective January 1, 1986. The foregoing was proposed by Counselman Bozeman with a Motion that same be adopted. Said Motion was seconded by Councilman Crockford. The same was then put to a vote and all counselmen voted in favor of the Ordinance and no counselmen voted against it. Said Motion was therefore declared passed and duly adopted the 9th day of August, 1985. /s/ Kathy Brannon City Clerk, City of Chamblee, Georgia Approved this 9th day of August, 1985. /s/ Johnson W. Brown, Mayor City of Chamblee, Georgia FIRST READING: July 12, 1985 SECOND READING: August 9, 1985 NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia Page 5801 (Ga. L. 1935 p. 976 et seq., approved March 28, 1935) so as to amend Article III, Section 1.1 of the Charter so as to establish new election districts; to repeal conflicting portions of the Charter, and for all other lawful purposes. A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public This the 15th day of July 1985. Jo Anne Donaldson, CMC City Clerk, City of Chamblee, Georgia 27-8338,7/25-8/8 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Proposed amendment to Charter-establish new election districts a true copy of which is hereto annexed, was published in said newspaper in its issue of the 25, 1, 8th day of July, August 1985. /s/ Gerald W. Crane, Co-Publisher By: /s/ Linda L. Orr, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Page 5802 Sworn to and subscribed before me this 5th day of September 1985 /s/ B. Lynn Crane Notary Public My commission expires January 3, 1986 (SEAL) Filed in the office of the Secretary of State September 17, 1985. CITY OF ALBANYASSESSMENTS FOR STREET IMPROVEMENTS. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk 85-217 AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED (O.C.G.A. 36-35-1, ET SEQ.), AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO CHANGE THE AMOUNT TO BE ASSESSED AGAINST THE ADJOINING PROPERTY OWNERS FOR GRADING, PAVING AND DRAINING STREETS AND ALLEYS FROM TWO-THIRDS TO ONE-HALF, AND TO PROVIDE FOR THE PAYMENT BY THE CITY OF ALBANY OF ONE-HALF THE COST; REPEALING PRIOR ORDINANCES IN CONFLICT; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: Page 5803 SECTION 1. Section 33 of the Charter of the City of Albany, entitled Street improvements, etc., is amended by striking from said section the first paragraph and the third paragraph of division (A) of said section, and substituting in lieu of said two paragraphs the following: (A) Paving or repairing streets, sidewalks, alleys, or ways; construction of street lights, specifications; costs; payment of assessments . In addition to all other power and authority vested in it under existing law, the City of Albany shall have the power and authority by ordinance to grade, pave, macadamize, curb or otherwise improve for travel or drainage any of the streets, alleys, or ways of the city, and to repair, regrade, recurb and/or remacadamize the pavement, curbing, grade or drainage, now existing or hereafter constructed, of any of said streets, alleys, or ways, and to assess fifty percent (50%) of the cost of the same against the owners of the property abutting on each of said streets, alleys, and ways according to the frontage owned by them thereon, the remaining fifty percent (50%) of the cost to be paid by the City of Albany. In lieu of using the actual cost of the work, the Board of Commissioners may by ordinance approve not less often than annually an estimated cost, and provide for the assessment of fifty percent (50%) of such estimated cost against the property owners for all such street improvements done pursuant to street improvement ordinances passed subject to the adoption of the ordinance, but no longer than twelve (12) months, the remaining actual cost to be paid by the City of Albany. Such estimated cost shall be determined on the basis of the actual cost of similar work assessed during the twelve (12) months immediately preceding the adoption of such estimated cost, adjusted to reflect any increase or decrease in the cost of material and labor which may reasonably be anticipated. SECTION 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Page 5804 SECTION 3. All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Joann Pope City Clerk Adopted: August 27, 1985 Adopted: September 10, 1985 AFFIDAVIT OF PUBLISHER STATE OF GEORGIA COUNTY OF DOUGHERTY Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Geoffrey L. Gray who, having been sworn states that (s)he is advertising director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was published in the Albany Herald once a week for three weeks on the following dates: August 19, 26, September 2, 1985 /s/ Geoffrey L. Gray Sworn to and subscribed before me this 17 day of Sept., 1985, in the presence of: /s/ Mary Anne Poole Notary Public My Commission Expires October 8, 1988. NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing Page 5805 under the Municipal Home Rule Act of 1985 to amend the Charter of the City of Albany so as to change the amount to be assessed against the adjoining property owners for grading, paving and draining streets and alleys from two-thirds to one-half, and to provide for the payment by the City of Albany of one-half of the cost. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public. CITY OF ALBANY, GEORGIA By: James V. Davis City Attorney August 19, 26, September 2, 1985 Filed in the Office of the Secretary of State September 19, 1985. CITY OF MARIETTACIVIL SERVICE BOARD AND CLERK; COMPENSATION. COUNCIL BILL NO. 212785 ORDINANCE NO. 4191 AN ORDINANCE Amending Section 4.29 of the City Charter pursuant to the Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq) so as to provide that the compensation of the members of the Civil Service Board and Clerk of such Board shall be set by Ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Page 5806 Section 1. The first sentence of Section 4.29 of the Charter of the City of Marietta, Georgia is hereby deleted in its entirety, and the following is substituted in lieu thereof: The compensation of the members of said Civil Service Board and the Clerk of such Board shall be established by ordinance by the City Council. Section 2. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 419. DATE: August 14, 1985 (First Reading) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Mayor Attest: /s/ Lillian Harris Lillian Harris, City Clerk COUNCIL BILL NO. 212785 ORDINANCE NO. 4191 DATE: September 11, 1985 (SECOND READING) Page 5807 VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Mayor Attest: /s/ Lillian C. Harris Lillian C. Harris City Clerk CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF MARIETTA I, LILLIAN C. HARRIS, hereby certify that I am Clerk for the City of Marietta and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinances No. 4191, 4196 and 4197, are true and correct copies as same appears of record as approved by the Governing Body in a regular meeting held on September 11, 1985. WITNESS my hand and Seal of the City of Marietta, Georgia, this 4th day of October, 1985. /s/ Lillian C. Harris Lillian C. Harris City Clerk (SEAL) M-93 CITY OF MARIETTA Notice is hereby given that the governing authority of the City of Marietta intends to amend Section 4.29 of the City Charter so as to provide that the compensation of the members of Page 5808 the Civil Service Board and the Clerk thereof shall be established by ordinance. A copy of the proposed amendment is on file in the office of the Clerk of the City of Marietta and in the office of the Clerk of the Superior Court of Cobb County. 8:2,9,16 CITY OF MARIETTA COBB COUNTY, GEORGIA I, Rafael Merced holding the position of Controller, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following date: Aug. 2, 1985 Aug 9, 1985 Aug 16, 1985 /s/ Rafael Merced Sworn to and subscribed before me this 16 day of Aug, 1985. /s/ Bobbie Bliven Notary Public, Georgia, State at Large My Commission Expires Mar. 5, 1989 Filed in the Office of the Secretary of State October 8, 1985. Page 5809 CITY OF MARIETTAPENALTIES FOR VIOLATIONS OF CHARTER. COUNCIL BILL NO. 213585 ORDINANCE NO. 4196 AN ORDINANCE AMENDING Section 10.2 of the Charter of the City of Marietta, Georgia so as to change the maximum penalties for violation of the Charter of the City of Marietta, Georgia, pursuant to the Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1. Section 10.2 of the Charter of the City of Marietta, Georgia is hereby repealed in its entirety, and the following is hereby substituted in lieu thereof: Section 10.2 Penalties . Violations of any provisions of this Charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500 or by imprisonment not to exceed sixty days, or both such fine and imprisonment. Section 2. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 419. DATE: August 14, 1985 (First Reading) Page 5810 VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Attest: /s/ Lillian Harris Lillian Harris, City Clerk COUNCIL BILL NO. 213585 ORDINANCE NO. 4196 DATE: September 11, 1985 (SECOND READING) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Mayor Attest: /s/ Lillian C. Harris Lillian C. Harris City Clerk CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF MARIETTA I, LILLIAN C. HARRIS, hereby certify that I am Clerk for the City of Marietta and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinances No. 4191, 4196 and 4197, are true and correct copies as same appears of record as approved by the Governing Body in a regular meeting held on September 11, 1985. Page 5811 WITNESS my hand and Seal of the City of Marietta, Georgia, this 4th day of October, 1985. /s/ Lillian C. Harris Lillian C. Harris City Clerk (SEAL) M-333 Notice is here given that the governing authority of the City of Marietta intends to amend Section 10.2 the City Charter so as to change the maximum penalties for violation of the Charter of the City of Marietta. Violations for which a penalty is not specifically provided will be declared a misdemeanor and be punishable by a fine of not more than $500 or by imprisonment not to exceed sixty days, or both such fine and imprisonment. A copy of the proposed amendment is on file in the office of the Clerk of the City of Marietta and in the office of the clerk of the Supervisor Court of Cobb County. 8:16,23,30 CITY OF MARIETTA COBB COUNTY, GEORGIA I, Ralph Merced holding the position of Controller, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following date: Aug 16, 1985 Aug 23, 1985 Aug 30, 1985 /s/ Ralph Merced Sworn to and subscribed before me this 30 day of Aug, 1985. /s/ Thelma Kemp Richards Notary Public, Georgia, State at Large My Commission Expires Oct. 17, 1987 Filed in the Office of the Secretary of State October 8, 1985. Page 5812 CITY OF MARIETTAMUNICIPAL COURT; PENALTIES. COUNCIL BILL NO. 213685 ORDINANCE NO. 4197 AN ORDINANCE AMENDING Section 6.3(c) of the Charter of the City of Marietta, Georgia so as to change the maximum penalties which may be assessed by the Municipal Court, pursuant to the Municipal Homes Rule Act of 1965 (O.C.G.A. 36-35-1, et seq). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1. Section 6.3(c) of the Charter of the City of Marietta, Georgia, is hereby repealed in its entirety, and the following is hereby substituted in lieu thereof: (c) The Municipal Court shall have the power and authority to impose upon the violator of any law or ordinance of the City for each violation thereof the following punishments: a fine not to exceed $500, commitment at labor upon the public works and streets of the City for a period of not more than sixty days, confinement in the jail or other place of imprisonment in the county for a period of not more than six months; or any one or all of the foregoing punishments when the facts of the case justify such punishments; provided, however, that violations of the Uniform Rules of the Road, as adopted by ordinance, may be punished by a fine not to exceed $1,000 or confinement in jail for a period of not more than twelve months, unless a lesser penalty is otherwise established by state law for a violation of the Uniform Rules of the Road. Section 2. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, Page 5813 paragraphs, sentences, clauses or phrases of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 419. DATE: August 14, 1985 (First Reading) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Mayor Attest: /s/ Lillian Harris Lillian Harris, City Clerk COUNCIL BILL NO. 213685 ORDINANCE NO. 4197 DATE: September 11, 1985 (SECOND READING) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr Mayor Page 5814 Attest: /s/ Lillian C. Harris Lillian C. Harris City Clerk CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF MARIETTA I, LILLIAN C. HARRIS, hereby certify that I am Clerk for the City of Marietta and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinances No. 4191, 4196 and 4197, are true and correct copies as same appears of record as approved by the Governing Body in a regular meeting held on September 11, 1985. WITNESS my hand and Seal of the City of Marietta, Georgia, this 4th day of October, 1985. /s/ Lillian C. Harris Lillian C. Harris City Clerk (SEAL) M-332 Notice is here given that the governing authority of the City of Marietta intends to amend Section 6.3(c) of the City Charter so as to change the maximum penalties which may be assessed by the Municipal Court to a fine not to exceed $500, commitment at City labor for a period not to exceed sixty days, confinement in the jail or other place of imprisonment in the county for a period of not more than six months; or any one or all when the facts of the case justify. However violations of the Uniform Rules of the Road, as adopted by a fine not to exceed $1,000 or confinement in jail for a period of not more than twelve months unless a lesser penalty is otherwise established by state law for a violation of the Uniform Rules of the Road. A copy of the proposed amendment is on file in the office Page 5815 of the Clerk of the City of Marietta and in the office of the Clerk of the Supervisor Court of Cobb County. CITY OF MARIETTA COBB COUNTY, GEORGIA I, Ralph Marced holding the position of Controller, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following date: Aug. 16, 1985 Aug 23, 1985 Aug 30, 1985 /s/ Ralph Merced Sworn to and subscribed before me this 30 day of Aug, 1985. /s/ Thelma Kemp Richards Notary Public, Georgia, State at Large My Commission Expires Oct. 17, 1987 Filed in the Office of the Secretary of State October 8, 1985. Page 5816 CITY OF THOMASTONMAYOR'S COURT; FINES; ARRESTS. ORDINANCE NO. 715 AN ORDINANCE OF THE CITY OF THOMASTON, GEORGIA, TO AMEND THE CHARTER OF SAID CITY BY VIRTUE OF THE HOME RULE POWERS VESTED IN SAID CITY; TO AMEND CERTAIN PROVISIONS THEREOF RELATING TO THE MAYOR'S COURT; TO INCREASE THE MAXIMUM FINE THAT CAN BE IMPOSED FOR VIOLATIONS OF CITY ORDINANCES; TO AMEND CERTAIN PROVISIONS THEREOF RELATING TO THE PROCEDURES TO BE UTILIZED WHEN ARRESTS ARE MADE FOR VIOLATIONS OF CITY ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS; AND FOR LIKE PURPOSES. WHEREAS, the City of Thomaston, Georgia, is authorized, by virtue of the home rule powers vested in it, to amend its charter in certain respects, and WHEREAS, a synopsis of the amendments to the Charter hereinafter contained has been published in the official organ of Upson County, Georgia, once per week within sixty days immediately prior to the final adoption thereof; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Thomaston, Georgia, and it is hereby ordained by virtue of the authority thereof, as follows: SECTION 1. The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, pages 1070 et seq., as amended, be, and the same hereby is further amended by striking therefrom, in their entirety, all of paragraphs (d) and (e) of Section 21 of said Charter, and substituting in lieu thereof new paragraphs (d) and (e) which said new paragraphs shall read as follows: (d) Upon the conviction of any defendant of a violation of any law or ordinance of said city, unless otherwise provided Page 5817 in the ordinance itself, said court shall have the right to sentence said defendant to pay a fine not exceeding one thousand dollars ($1,000.00) and to imprisonment in the city jail, to work and labor on the streets or public works of said city, whether within or without the corporate limits, for a period of time not exceeding six (6) months, and to impose both a fine and a sentence of imprisonment and labor, in the discretion of said court, and all sentences may be in the alternative and fines may be imposed with the alternative of sentence to imprisonment and labor in the event the fines are not paid. Further, the court may allow the payment of fines in installments, in lieu of imprisonment, over such period of time and in such amounts as the court may specify. Said court shall further have the right to assess costs against each defendant convicted, to be collected and enforced in addition to and in the same manner as fines, all of which costs shall be paid into the city treasury, and said court may issue executions for any unpaid fines and costs to be enforced in the same manner as city tax executions are enforced. (e) All cases made in said court shall be in the name of City of Thomaston, and shall be evidenced by a citation and complaint form issued by the law enforcement officers who are empowered to enforce the ordinances of said City. Such form shall bear teste in the name of the presiding officer of the Mayor's Court, shall specify the offense charged, shall specify the date, time, and place of appearance required to answer the offense charged, shall require the signature of the arresting law enforcement officer, and such form shall serve as the citation, summons, accusation, or other instrument necessary for the prosecution of offenses in said court. All other processes of said court, including subpoenas, summons, etc., shall be signed by the city clerk, deputy clerk, chief of police, and shall bear teste in the name of the mayor or the presiding officer of said court. SECTION 2. The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, pages 1070, et seq., as amended, be, and the same hereby is further amended by striking therefrom, in its entirety, all of Section 25 of said Charter, and substituting Page 5818 in lieu thereof a new Section 25, which said new Section 25 shall read as follows: Any law enforcement officer authorized to enforce the ordinances of said city who arrests any person for the violation of an offense to be tried in the Mayor's Court shall be authorized to permit such person to be released upon being served with the citation and complaint stating the alleged violation, if such person acknowledges receipt of the citation and complaint in writing and agrees to appear at the Mayor's Court of said City at the time and place stated in said citation and complaint. If a law enforcement officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear, then and in such event, the officer effectuating the arrest shall be authorized to require the posting of a bond in an amount not to exceed $1,000.00 with good security acceptable to the said arresting officer, payable to said City in the event said person arrested does not appear in the Mayor's Court, at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. The decision of an arresting officer to require the posting of an appearance bond and/or the refusal of such officer to accept any such appearance bond tendered shall be subject to an immediate appeal and review by the presiding officer of said Court. SECTION 3. The charter amendments herein made shall become effective on, and after the date of the final adoption thereof. SECTION 4. All laws, and parts of laws, in direct conflict with any of the terms or provisions of this ordinance be, and the same hereby are, repealed. The final adoption of the foregoing ordinance by the City Council of the City of Thomaston occurred in the regular meeting held on this the 1st day of October, 1985, after having first Page 5819 been adopted on the 17th day of September, 1985, being the date of the most recent regular meeting of Council held prior to this date, which said Ordinance I have, this date, transmitted to the Mayor for his approval. /s/ Wilbur K. Avera City Clerk, City of Thomaston, Georgia Approved by me and returned as Approved by said City Council, in open meeting, this the 1st day of October, 1985. /s/ Charles E. Kersey Mayor, City of Thomaston, Georgia CERTIFICATION GEORGIA, UPSON COUNTY I, the undersigned, Clerk of the City of Thomaston, Georgia, and the keeper of the records and the seal thereof, do hereby certify that the attached and foregoing is a true and correct copy of Ordinance No. 715 as approved by the Mayor and Council on October 1, 1985. This, the 2nd day of October, 1985. /s/ Wilbur K. Avera, City Clerk (SEAL) AFFIDAVIT OF PUBLICATION GEORGIA, UPSON COUNTY: Personally appeared before me, the undersigned affiant, who after being duly sworn, did depose and say that he is the publisher of THE THOMASTON TIMES AND THE FREE PRESS , the official organ of Upson County, and that the notice relative to a proposed ordinance to amend the Charter of the City of Page 5820 Thomaston, Georgia, a true copy of which is attached to this affidavit as Exhibit A, was published in THE THOMASTON TIMES AND THE FREE PRESS on September 4, September 11 and September 18, 1985, as provided by law. /s/ C. Y. Wood Sworn to and subscribed before me on this the 2nd day of October, 1985. /s/ Susan C. Harper Notary Public, State of Georgia EXHIBIT A NOTICE OF INTENTION TO AMEND THE CHARTER OF THE CITY OF THOMASTON, GEORGIA BY ORDINANCE TO BE ENACTED UNDER THE HOME RULE POWERS Notice is hereby given that the Mayor and Council of the City of Thomaston are considering an ordinance to amend the Charter of said City and this Notice is to provide the public with a snyopsis of the proposed admendment. Said proposed ordinance would repeal all of paragraphs (d) and (e) of Section 21 and all of Section 25 of said Charter in their entirety and substitute, in lieu thereof, new paragraphs (d) and (e) of Section 21 and a new Section 25 which revisions will increase the maximum fine that can be imposed in Mayor's Court to $1,000.00, to provide that fines may be paid in installments in lieu of imprisonment and provides specific arrest and release procedures for persons charged with offenses that may be tried in the Mayor's Court. Be further informed that a copy of said proposed amendment is of file in the Office of the Clerk in the Thomaston Municipal Building and also in the Office of the Clerk of the Superior Court of Upson County for the purpose of examination and inspection by the public. Said ordinance will be first considered for adoption on the 17th day of September, 1985, and considered for final adoption on the 1st day of October, 1985. Page 5821 This 28th day of August, 1985. /s/ Wilbur Avera City Manager and Clerk, City of Thomaston, Georgia /s/ Adams, Barfield Dunaway Attorneys at Law Atwater Building Thomaston, GA 30286 Sept. 4, 11, 18 25 9/4 Filed in the Office of the Secretary of State October 17, 1985. CITY OF WARNER ROBINSVOTER REGISTRATION. 1st Reading 9-3-85 No. 57-85 CITY OF WARNER ROBINS COUNTY OF HOUSTON STATE OF GEORGIA ORDINANCE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS, GEORGIA, AMENDING SECTION 3-104 OF THE CITY CHARTER REGARDING VOTER REGISTRATION. BE IT ORDAINED by the Mayor and Council of the City of Warner Robins, Georgia, and it is hereby ordained by authority of the same, that Section 3-104 of the City Charter be amended as follows: 1 Section 3-104 of the City Charter shall be deleted in its entirety and the following inserted in lieu thereof: Page 5822 Section 3-104. The Mayor and Council shall direct that the City shall use the Houston County voter registration list, and any person who is a resident of the City and who is registered as an elector with the Board of Registrars of Houston County shall be eligible to vote in any municipal primary or election. -2- If any provisions of this ordinance shall be held invalid, such invalidity shall not affect any of the other provisions which can be given effect without the invalid provision, and, to this end, the provisions of this ordinance are declared to be severable. BE IT FURTHER ORDAINED that this ordinance shall become effective on September 16, 1985. CITY OF WARNER ROBINS GEORGIA By: /s/ Ralph Johnson Ralph Johnson, Mayor Attest: /s/ Thomas E. McMinn Thomas E. McMinn City Clerk AFFADAVIT OF PUBLICATION Houston County State of Georgia Personally appeared before me this day H. Thomas Reed, General Manager of The Daily Sun , 1553 Watson Boulevard, Warner Robins, Georgia 31093, who certifies that the attached legal notice was published in The Daily Sun , which has a general circulation in the Warner Robins area, on the following dates: Page 5823 Wednesday August 28, 1985 Wednesday September 4, 1985 Wednesday September 11, 1985 This 2nd day of October, 1985. /s/ H. Thomas Reed General Manager The Daily Sun 1553 Watson Boulevard Warner Robins GA 31093 Sworn to and subscribed before me this 2 day of October, 1985. /s/ Kay J. Rowell Notary Public, Georgia, State at Large My Commission Expires 8/29, 1988 THE CITY OF Warner Robins, Georgia, pursuant to official Code of Georgia Annotated Section 36-35-3, Will, on September 16, 1985, enact an ordinance changing its City Charter regarding voter registration. The ordinance provides that the City will use the County voter registration list and discontinue its maintenance of a separate city registration list. A copy of the proposed amendment is on file in the office of the City Clerk at 700 Watson Boulevard, Warner Robins, Georgia, and in the office of the Clerk of Superior Court, Houston County Courthouse, 800 Carroll Boulevard, Perry, Georgia. Both are available for public examination and inspection. City of Warner Robins, Georgia Filed in the Office of the Secretary of State October 24, 1985. Page 5824 CITY OF EAST POINTRETIREMENT SYSTEM; INCLUSION OF EMPLOYEES; CONTRIBUTIONS ORDINANCE AN ORDINANCE TO AMEND AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et. seq. AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et. seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et. seq.), AND IN PARTICULAR THAT ACT ENROLLED IN Ga. L. 1976, page 4561, et. seq.), IS HEREBY FURTHER AMENDED SO AS TO PROVIDE FOR INCLUDING CERTAIN EMPLOYEES UNDER THE RETIREMENT SYSTEM OF THE CITY OF EAST POINT; TO AMEND THE LEVEL OF CONTRIBUTIONS OF PARTICIPANTS IN THE PLAN; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: Section 1. An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, and particularly that ordinance adopted November 3, 1975 by the Mayor and Council of the City of East Point as is enrolled in Ga. L. 1976, page 4561, et seq., is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), by striking the provisions of Article III, Section 2 (Ga. L. 1976, p. 4574, et seq.) in their entirety and inserting in lieu thereof a new Article III, Section 2, which shall provide as follows: Section 2. Eligible Classes of Employees . All full time employees not excluded by Article III, Section 1, shall qualify for participation by meeting the requirements set forth in Article III, section 3. Page 5825 CLASS 1Eligible employees regularly employed on the adoption date of the Plan and who were participants in any superseded plan. CLASS 2New employees. CLASS 3Employees regularly employed in a part time capacity on the adoption date of the Plan and who have become regular full time employees subsequent to the adoption date of the Plan. As used herein `part time capacity' shall mean any employee of the City working less than 30 hours per week for no more than 11 months per year, but no less than 9 months per year. Section 2. An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, and particularly that ordinance adopted November 3, 1975 by the Mayor and Council of the City of East Point as is enrolled in Ga. L. 1976, page 4561, et seq., is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), by adding to the provisions of Article II a new section 49 providing for a special definition of early retirement which shall provide as follows: 49. Early retirement age for Class 3 participants shall mean age..... (.....). Section 3. An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, and particularly that ordinance adopted November 3, 1975 by the Mayor and Council of the City of East Point as is enrolled in Ga. L. 1976, page 4561, et seq., is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), by inserting a new section e to the provisions of Article III, Section 3 (Ga. L. 1976, p. 4574, et seq.) which shall provide as follows: e. Class 3 eligible employees, hired for full time employment after the effective date of this Plan, shall be eligible to participate in the Plan on the 1st day of the month immediately following or coinciding with his or her employment date as an eligible full time employee; provided, however, that he or she has not attained age sixty (60) at the time Page 5826 of full time employment, and he or she shall receive nine (9) months of total credited service for each calendar year of part time service, in addition to credit for full time service, and such employee in order to qualify for normal retirement shall have a minimum of ten (10) years credited service (including the aforesaid credit for part time service), and such employee shall meet all other qualifications of the retirement system applicable to Class 1 participants including disability retirement benefits under Article IV, Section 5, and death benefits under Article VII; and upon fulfilling such qualifications shall otherwise be eligible for Class 1 retirement benefits prescribed in Article III, Section 3 of the Retirement System of the City of East Point. Section 4. An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga.L. 1965, p. 298, et seq.) as amended, and particularly that ordinance adopted November 3, 1975 by the Mayor and Council of the City of East Point as is enrolled in Ga. L. 1976, page 4561, et seq., is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), by striking Article VIII, Section 1, subparagraph a in its entirety (Ga. L. 1976, p. 4592, et seq.) and inserting in lieu thereof a new Article VIII, Section 1, subparagraph a which shall provide as follows: 1. Participant Contributions . a. Each Participant shall contribute monthly four and one-half (4.5%) percent of his or her earnings. The amount of each Participant's Contribution shall be deducted from his or her pay by the City. In no event shall a Participant's Contributions exceed fifty (50%) percent of the total cost of his accrued benefits under the Plan. Section 5. The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to Page 5827 furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 6. Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 7. All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 8. This Ordinance shall become effective upon adoption. First Reading 10/21/85 Second Reading 11/4/85 GNS 10/85 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 4th day of November, 1985. /s/ Walter A. Ponder Walter A. Ponder Mayor Attest: /s/ Evelyne Reeves, Evelyne Reeves City Clerk Page 5828 TO WHOM IT MAY CONCERN: I, Evelyne K. Reeves, City Clerk of the City of East Point, do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct and exact copy of the original thereof as the same appears on record in the office of the City Clerk of the City of East Point, Georgia. IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of the city this the 13 day of November, 1985. /s/ Evelyne K. Reeves, Evelyne K. Reeves City Clerk CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, Evelyne K. Reeves, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that, with respect to that Municipal Home Rule Ordinance adopted Nov. 4, 1985, I have in a proper and timely fashion transmitted a copy of the said Ordinance and the publication notice for filing with the Clerk of the Superior Court of Fulton County, Georgia, for its inspection by the public, together with maintaining a copy of said Ordinance in the office of the Clerk of the City of East Point for inspection by the public together with providing for publication of the legal notice, a copy of which is attached hereto, and as is further evidenced by an affidavit of the publishers. Furthermore, in execution of this affidavit, I am transmitting herewith a certified copy of the Ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of the State of Georgia for enrollment in Georgia Laws Page 5829 as provided in the Municipal Home Rule Act of 1965 as amended. This 5 day of November, 1985. /s/ Evelyne K. Reeves Clerk City of East Point Sworn to and subscribed before me this 5th day of November, 1985. /s/ Ovada N. Knight Notary Public My Commission Expires July 24, 1987. PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an ordinance to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, including that Home Rule Act adopted June 19, 1975 (Ga. L. 1976, p. 4561, et seq.), so as to provide for including certain employees under the Retirement System of the City of East Point; to amend the level of contributions of participants in the Plan; to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; to provide for severability; to provide for an effective date; to repeal conflicting laws and ordinances; and, for other purposes. A copy of the proposed Ordinance is on file in the office of the City Clerk of the City of East Point, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and, in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia, for examination and inspection by the public. The City Clerk of said City and the Clerk of the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed Ordinance. The Ordinance will be considered the first time in the regular meeting of the Mayor and Council of the City of East Point Page 5830 on Monday, October 21, 1985, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, November 4, 1985. /s/ Evelyne K. Reeves, City Clerk 5081, 10/3,10,17/85 PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned, a notary public within and for said county and State, Georgia, publisher of the Southside Sun a newspaper published at East Point, Georgia, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 17 day of Oct., 1985 /s/ Gerald W. Crane, Publisher (by) /s/ Tina Green, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 13th day of November, 1985. /s/ David H. Hamrick Notary Public My Commission Expires, September 1986 (SEAL) PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of the City of East Point propose to consider for adoption an ordinance to amend an Act establishing a new charter for the Page 5831 City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, including that Home Rule Act adopted June 19, 1975 (Ga. L. 1976, p. 4561, et seq.), so as to provide for including certain employees under the Retirement System of the City of East Point; to amend the level of contributions of participants in the Plan; to provided for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; to provide for severability; to provide for an effective date; to repeal conflicting laws and ordinances; and, for other purposes. A copy of the proposed Ordinance is on file in the office of the City Clerk of the City City Clerk of the City of East Point, East Point City Hall, 2777 East Point Street, East Point, Fulton County, Georgia; and, in the office of the Clerk of the Superior Court of Fulton County, Georgia, Fulton County Courthouse, 136 Pryor Street, S.W., Atlanta, Fulton County, Georgia, for examination and inspection by the public. The City Clerk of said City and the Clerk of the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed Ordinance. The Ordinance will be considered the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, October 21, 1985, and will be considered for final adoption at the regular meeting of the Mayor and Council of the Cityof East Point on Monday, November 4, 1985. /s/ Evelyne K. Reeves City Clerk Oct 3 10 17 1985Req-4 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck , who, being first duly sworn, according to law, says that she is the President of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and Page 5832 State, and that the publication, of which the annexed is a true copy, was published in said paper on the 3, 10 17 days of October, 1985, and on the..... days of....., 19...... As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me this 23 day of January, 1985. /s/ N. Denise Ammons Notary Public, Fulton County Georgia My Commission Expires Jan. 7, 1990 Filed in the Office of the Secretary of State November 15, 1985. CITY OF MARIETTACIVIL SERVICE; FIRE AND POLICE DEPARTMENTS. COUNCIL BILL NO. 212685 ORDINANCE NO. 4190 AN ORDINANCE AMENDING Sections 4.13 and 4.14 of the Charter of the City of Marietta, Georgia, pursuant to the Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1 et seq) so as to provide that all members of the fire and police departments, except the police chief and fire chief shall be covered by Civil Service. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1. Section 4.13 of the Charter of the City of Marietta, Georgia, is hereby repealed in its entirety, and the following is substituted in lieu thereof: Page 5833 Section 4.13 Established. All officers and members of the fire and police departments of the City, except the police chief and fire chief, shall be under the Civil Service regulations, under the direction and supervision of a Board of Civil Service hereinafter created, and all persons who may thereafter be elected or appointed as officers or members of such departments (except the chiefs thereof) shall thereafter remain and continue their respective employment as municipal officers and employees during good behavior, efficiency and obedience to such reasonable rules and regulations as may from time to time be prescribed by said Civil Service Board, as hereinafter provided; however, nothing herein contained shall be construed to prevent or preclude the removal of any officer or member of said fire department or police department by said Civil Service Board for cause, in the manner herein prescribed. Section 2. Section 4.14 of the Charter of the City of Marietta, Georgia, is hereby repealed in its entirety, and the following is substituted in lieu thereof: Section 4.14 Definition. The following definitions, as used in this division, shall apply. Members of the Fire Department . All officers of the fire department of the rank of deputy chief or below, assistant chiefs, captains, engineers and firemen, fire inspectors and all others who are regularly carried on the payroll of such fire department, and in addition to those specifically named herein before such others as such Civil Service Board may find and designate to properly be such members, with approval of the City Council. Members of the Police Department . All officers of the department of the rank of deputy chief, or below, and such other persons as such Civil Service Board may find and designate to properly be such members with approval of the City Council. Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional Page 5834 or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 5. This Ordinance shall become effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 419. DATE: October 9, 1985 (First Reading) VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Mayor Attest: /s/ Lillian C. Harris Lillian C. Harris City Clerk DATE: November 13, 1985 VOTE: 7 Yeas 0 Nays APPROVED: /s/ Robert E. Flournoy, Jr. Robert E. Flournoy, Jr. Attest: /s/ Lillian C. Harris Lillian C. Harris City Clerk Page 5835 CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF MARIETTA I, LILLIAN C. HARRIS, certify that I am Clerk for the City of Marietta and keeper of the records of said municipality, and as such do hereby certify that the attached Ordinance No. 4190 is a true and correct copy as same appears of record as approved by the Governing Body in a regular meeting held on October 9, 1985 and November 13, 1985. WITNESS my hand and Seal of the City of Marietta, Georgia, this 25th day of November, 1985. /s/ Lillian C. Harris Lillian C. Harris City Clerk (SEAL) M-181 NOTICE OF AMENDMENT TO MARIETTA CITY CHARTER Notice is hereby given that the Marietta City Council proposes to amend Sections 4.13 and 4.14 of the City Charter so as to provide that all members of the fire and police departments, excepts the police chief and fire chief shall be covered by Civil Service. A copy of the proposed amendment in on file in the office of the Clerk of Marietta and in the office of the Clerk of the Superior Court of Cobb County. /s/ Lillian C. Harris City Clerk 10:4,11,18 CITY OF MARIETTA COBB COUNTY, GEORGIA I, Rafael Merced holding the position of Controller, the official gazette for the legal advertisements in Cobb County, Georgia, Page 5836 do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following date: Oct 4, 1985 Oct. 11, 1985 Oct. 18, 1985 /s/ Rafael Merced Sworn to and subscribed before me this 24 day of Oct., 1985. /s/ Thelma Kemp Richards Notary Public, Georgia, State at Large My Commission Expires Oct. 17, 1987 Filed in the Office of the Secretary of State December 2, 1985.